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01-20-2004 INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITIONINTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on January 20, 2004 by and between several counties and towns in the 1-70 mountain corridor. WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory coalition of governments along the Interstate 70 central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current needs and to plan for the future for the improvement of transportation; and WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and improved as possible, be as safe as possible, and to have a plan in place that will address the transportation needs in the corridor for the next fifty years; and WHEREAS, significant local input is'essential to formulate locally preferred alternatives for inclusion in a transportation plan that minimizes and balances detrimental environmental impacts, preservation of the unique local character of the counties and towns in the corridor; and provides for the effective flow of ever increasing traffic volumes, and WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities need to be continually brought forward as part of this process; and WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as, but not limited to, the counties and towns that are listed as participants and or potential participants to this agreement; and WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to promote the health, safety and welfare; and WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in the coalition as more fully set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: A. COALITION PURPOSES: The general purposes of the Coalition are: 1. To prepare locally preferred alternative transportation plans for the corridor that could be presented to the Colorado Department of Transportation. 2. To determine the locally preferred alternatives to meet the wants and needs of our local communities to better serve them in their transportation needs. 3. To attempt to influence the Colorado Department of Transportation, the Colorado State Legislature, the Federal Highway Administration, the United States Congress and other Federal and State entities having jurisdiction over the planning, implementation or operation of corridor transportation projects to provide resources to build locally preferred alternatives to meet the transportation goals of the corridor. 4. To apply for grants and other funding, through sponsorship of a member agency, from Colorado, Federal and other sources to do planning and research on methods to build locally preferred alternatives to improve transportation in the corridor. 5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of Transportation Commissioner District, Engineering District and Planning District. B. GOVERNANCE: 1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote. 2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members. 3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee consisting of one member from each member county The member could be from the member county or one of the towns in the member county in the coalition. 4. DUES AND EXPENSES: Each member would pay their own costs of participating and there would not be any dues. If a special project were approved by the Coalition Board then the Board by separate agreement will develop a funding formula for paying the expense of the project. Any member opting to not participate in the funding formula would terminate membership in the Coalition. 5. STAFF: There will be no staff except those contracted for a specific short-term purpose. C. COALITION BOARD DUTIES AND OBLIGATIONS: 1. Establish a quarterly meeting schedule. 2. Establish bylaws and rules of conduct for the Coalition. 3. Define and prioritize the Coalition projects to be undertaken by the Executive Committee. 4. Appoint the Executive Committee from nominations made by the members. 5. Approve locally preferred alternatives and action plans prepared by the Executive Committee. 6. Adopt an annual coalition budget for projects in the upcoming year. 7. Determine the formula for calculating the funding of projects. D. EXECUTIVE COMMITTEE DUTIES: 1. Establish a monthly meeting schedule. 2. Advance the purposes of the Coalition and complete the projects prioritized by the Coalition Board. 3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative summary of the Executive Committee activities. E. MEMBER OBLIGATIONS: 1. Appoint a representative to the Coalition Board and to participate in meetings on a regular basis. 2. Hold harmless the Coalition Board, its members, its officers, employees, and agents. F. TERMINATION: 1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default: Within thirty (30) days following receipt of such notice the defaulting party shall correct such default, or in the event of a default not capable of being corrected within thirty (30) days of receipt of notification thereof and thereafter correct the default with due diligence. If the defaulting party fails to correct the default as provided above, the Coalition, without further notice, shall have the right to declare that this Agreement is terminated, in so far as it concerns the defaulting member, effective upon such as the Coalition shall designate and the non defaulting member shall have the right to recover such damages as it shall be entitled to by law. The rights and remedies provided for herein may be exercised singly or combination. 2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety (90) days prior to the thirty- first day of December of the year in which the notice is given. Such termination shall become effective upon the first day of January of the year succeeding the date on which the notice is given. Other than as permitted in paragraph F.1 above, no member shall be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance will any portion of the withdrawing agency's contribution to the Coalition be returned or prorated due to withdrawal. G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a waiver of those rights. H. TERM/RENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the member's governmental body in an amount sufficient to allow the member to perform its obligations hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non-appropriating member without penalty, provided the member furnished the Coalition written notice ninety (90) days prior to the date of non-appropriation if possible. Such termination shall become effective upon the first day of January for the year that the non-appropriation operates. No member shall be permitted to withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the following year, and in no circumstance will any portion of the withdrawing member's contribution to the Coalition be returned or pro-rated due to withdrawal. The member's obligations hereunder shall not constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado. 1. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to Interstate 70 Central Mountain Transportation Corridor Coalition. J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized and executed by the parties hereto. K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against any party because of any term contained in the Agreement. M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application thereof shall not in any way be affected or impaired thereby. N. APPLICABLE LAW: At all times during the performance of this Agreement, the parties shall strictly adhere to all applicable federal, state, and local laws, rules and regulations that have been or may hereafter be established, and all work performed under this Agreement shall comply with Federal, State, and local laws, rules and regulations. 0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been approved by the Boards of County Commissioners, Town Councils, and other authorities having the power to so approve. IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first written above. Si nature Date: c ~P c,l ` 13 acp~ Signature Jurisdiction 1-7 M~ Jurisdiction Date: uo R C O L O R A D O TOM cfAwn P.O. Bmc975 400 Bff d7 ark Road Awn, Cdaado 81620 970-7484005 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: April 7, 2004 Regarding: 1-70 Central Mountain Corridor Coalition Attached you will find an intergovernmental agreement to establish a coalition. The goal of the grass roots effort is to develop a united and broad based voice of concern for the lack of adequate funding for the Interstate 70 corridor in central Colorado. This effort has been initiated by those among us who are becoming increasingly concerned about this issue, and the consequences to our regional and state economy if it does not receive the priority-base attention it must have. Recent history in the state has seen multi-jurisdictional efforts to address the future of the I- 70 corridor fail. Those have included CARTS and CIFGA coalitions, who have since dissolved. A number of our neighbors along the corridor, including Summit County, Breckenridge, Silverthorne, Dillon, Clear Creek County and Eagle County to name only a few governmental entities that I can remember; have already signed the agreement. It is my recommendation that the council take a similar action. We understand that some districts and private entities may also be interested. I would also suggest that if you approve this agreement, that you appoint an elected official to represent the Town's position. This is also a group in which I should be involved as a regular attendee or as an alternate. INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on January 20, 2004 by and between several counties and towns in the 1-70 mountain corridor. WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory coalition of governments along the Interstate 70 central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current needs and to plan for the future for the improvement of transportation; and WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and improved as possible, be as safe as possible, and to have a plan in place that will address the transportation needs in the corridor for the next fifty years; and WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a transportation plan that minimizes and balances detrimental environmental impacts, preservation of the unique local character of the counties and towns in the corridor; and provides for the effective flow of ever increasing traffic volumes, and WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities need to be continually brought forward as part of this process; and WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as, but not limited to, the counties and towns that are listed as participants and or potential participants to this agreement; and WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to promote the health, safety and welfare; and WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in the coalition as more fully set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: A. COALITION PURPOSES: The general purposes of the Coalition are: 1. To prepare locally preferred alternative transportation plans for the corridor that could be presented to the Colorado Department of Transportation. 2. To determine the locally preferred alternatives to meet the wants and needs of our local communities to better serve them in their transportation needs. 3. To attempt to influence the Colorado Department of Transportation, the Colorado State Legislature, the Federal Highway Administration, the United States Congress and other Federal and State entities having jurisdiction over the planning, implementation or operation of corridor transportation projects to provide resources to build locally preferred alternatives to meet the transportation goals of the corridor. 4. To apply for grants and other funding, through sponsorship of a member agency, from Colorado, Federal and other sources to do planning and research on methods to build locally preferred alternatives to improve transportation in the corridor. 5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of Transportation Commissioner District, Engineering District and Planning District. B. GOVERNANCE: 1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote. 2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members. 3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee consisting of one member from each member county.The member could be from the member county or one of the towns in the member county in the coalition. 4. DUES AND EXPENSES: Each member would pay their own costs of participating and there would not be any dues. If a special project were approved by the Coalition Board then the Board by separate agreement will develop a funding formula for paying the expense of the project. Any member opting to not participate in the funding formula would terminate membership in the Coalition. 5. STAFF: There will be no staff except those contracted for a specific short-term purpose. C. COALITION BOARD DUTIES AND OBLIGATIONS: 1. Establish a quarterly meeting schedule. 2. Establish bylaws and rules of conduct for the Coalition. 3. Define and prioritize the Coalition projects to be undertaken by the Executive Committee. 4. Appoint the Executive Committee from nominations made by the members. 5. Approve locally preferred alternatives and action plans prepared by the Executive Committee. 6. Adopt an annual coalition budget for projects in the upcoming year. 7. Determine the formula for calculating the funding of projects. D. EXECUTIVE COMMITTEE DUTIES: 1. Establish a monthly meeting schedule. 2. Advance the purposes of the Coalition and complete the projects prioritized by the Coalition Board. 3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative summary of the Executive Committee activities. E. MEMBER OBLIGATIONS: 1. Appoint a representative to the Coalition Board and to participate in meetings on a regular basis. 2. Hold harmless the Coalition Board, its members, its officers, employees, and agents. F. TERMINATION: 1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default: Within thirty (30) days following receipt of such notice the defaulting party shall correct such default, or in the event of a default not capable of being corrected within thirty (30) days of receipt of notification thereof and thereafter correct the default with due diligence. If the defaulting party fails to correct the default as provided above, the Coalition, without further notice, shall have the right to declare that this Agreement is terminated, in so far as it concerns the defaulting member, effective upon such as the Coalition shall designate and the non defaulting member shall have the right to recover such damages as it shall be entitled to by law. The rights and remedies provided for herein may be exercised singly or combination, 2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety (90) days prior to the thirty- first day of December of the year in which the notice is given. Such termination shall become effective upon the first day of January of the year succeeding the date on which the notice is given. Other than as permitted in paragraph F.1 above, no member shall be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance will any portion of the withdrawing agency's contribution to the Coalition be returned or prorated due to withdrawal. G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a waiver of those rights. H. TERM/RENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the member's governmental body in an amount sufficient to allow the member to perform its obligations hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non-appropriating member without penalty, provided the member furnished the Coalition written notice ninety (90) days prior to the date of non-appropriation if possible. Such termination shall become effective upon the first day of January for the year that the non-appropriation operates. No member shall be permitted to withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the following year, and in no circumstance will any portion of the withdrawing member's contribution to the Coalition be returned or pro-rated due to withdrawal. The member's obligations hereunder shall not constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado. 1. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to Interstate 70 Central Mountain Transportation Corridor Coalition. J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized and executed by the parties hereto. K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against any party because of any term contained in the Agreement. M. SEVERABILITY: In-case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application thereof shall not in any way be affected or impaired thereby. N. APPLICABLE LAW: At all times during the performance of this Agreement, the parties shall strictly adhere to all applicable federal, state, and local laws, rules and regulations that have been or may hereafter be established, and all work performed under this Agreement shall comply with Federal, State, and local laws, rules and regulations. 0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been approved by the Boards of County Commissioners, Town Councils, and other authorities having the power to so approve. IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first written above. Si nature Date: c, Pb-L 13 , a 4 Signature Jurisdiction Jurisdiction Date: