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Home My WebLink About20120727.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PERFORMANCE OF ACCOUNTING SERVICES ON BEHALF OF CDOT, THE HIGHWAY 85 COALITION AND ADAMS COUNTY, AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Performance of Accounting Services on behalf of the Highway 85 Coalition and Adams County between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, Region 4, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Performance of Accounting Services on behalf of the Highway 85 Coalition and Adams County between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, Region 4, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. O'nc;r5 -Iv E- • k t fora 3 iU-I a 2012-0727 EG0066 INTERGOVERNMENTAL AGREEMENT FOR PERFORMANCE OF ACCOUNTING SERVICES ON BEHALF OF HIGHWAY 85 COALITION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _3 l�ATTEST:'..- • Sean P. Conw , Chair Weld County Clerk to the Board • `\ ]a,/L / Villiam Gar ia, Pro Tern BY: ` Ifs ' Deputy C rk to the Boa It* �' Z 4 _ �; l . '� 1161 It*40a `area k e Kiryer ABP �ED�ORM: r�, cki �e- / T!°�jl ' David E. Long Co Attorney 'tvi' rx hle �--efrt l� / Dougla'Rademac r Date of signature: 41''1'/1, 2012-0727 EG0066 1861 MEMORANDUM YTO: Board of County Commissioners LG OUN 1 DATE: March 13, 2012 FROM: Elizabeth Relford, Transportation Planner SUBJECT: Accounting Services IGA with CDOT- R4 on behalf of the Hwy 85 Coalition CDOT Region 4 plans on conducting a Planning & Environmental Linkage (PEL) study, which is an interim study to evaluate an identified transportation need or project with the goal of having more environmental data for a future NEPA study. The Highway 85 Coalition is showing support of the PEL study by contributing financially through each member jurisdiction. On behalf of the Highway 85 Coalition, Weld County has agreed to collect each community's financial contribution until such times as requested by CDOT. The purpose of the following intergovernmental agreement is to memorialize these accounting services between Weld County and CDOT Region 4. I'm available to answer any questions you may have. 2012-0727 INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) - REGION 4 FOR THE PERFORMANCE OF ACCOUNTING SERVICES ON BEHALF OF THE HIGHWAY 85 COALITION THIS AGREEMENT made and entered into this 14th_day of March, 2012, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld("County"),whose address is 1150 O Street,Greeley, Colorado 80631,and the Colorado Department of Transportation,Region 4("CDOT R4"),to establish the duties and responsibilities of CDOT and County with respect to the accounting services which the County agrees to provide for CDOT on behalf of the Highway 85 Coalition, Adams County, and participating municipalities for the US 85 Planning and Environmental Linkage (PEL) Study. WITNESSETH: WHEREAS, CDOT and Weld County are members of the Highway 85 Coalition,and WHEREAS,US 85 also extends south through Adams County to I-76,which includes the scope of the PEL Study, and WHEREAS,the parties agree the County has the ability to provide certain accounting services on behalf of the Highway 85 Coalition, including Adams County and participating municipalities, and WHEREAS, Highway 85 Coalition partners and Adams County have agreed to contribute financially to the development of a US 85 PEL Study, and WHEREAS, the County agrees to collect such local match funds on behalf of CDOT for this project, and WHEREAS,upon written request by CDOT,County will provide said collected funds to CDOT, and WHEREAS,the parties to this Agreement are authorized to enter into said Agreement by C.R.S. Sec. 29-1-203 and the Colorado Constitution Article XIV, Sec. 18(2), for the purpose of achieving greater efficiencies for the provision of services to the public, and WHEREAS,the parties desire to enter into this Agreement for the purpose of defining their respective roles and responsibilities to provide certain accounting services on behalf of the Highway 85 Coalition towards the development of a US 85 PEL Study, and NOW THEREFORE, in consideration of the mutual promises and covenants contained Page 1 of 4 :a9DM 267 / herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from the date first written above to and until such time as the parties enter into an IGA to adopt the US 85 PEL Study. 2. US 85 PEL STUDY: The parties agree that following approval of this Agreement, WELD COUNTY staff will collect local match funds submitted on behalf of the Highway 85 Coalition, Adams County and participating municipalities to be used towards the development or implementation of a US 85 PEL Study. CDOT R4 agrees to be the lead agency and will coordinate with WELD COUNTY and the community members of the Highway 85 Coalition upon execution of this Agreement regarding use of such funds for either development or implementation of the US 85 PEL Study. When applicable, CDOT R4 will submit a request in writing for the total local match fund amount designated by each community. Any interest earned on the funds will be applied towards administration costs for WELD COUNTY providing these accounting services. 3. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein,and shall be binding upon said parties,their officers,employees,agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 4. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 5. NO WARRANTY BY WELD COUNTY: By virtue of its entering into this Agreement and upon its promises to perform the work described herein, WELD COUNTY makes no warranties, either express or implied, that the Access Control Plan agreed to herein meet or will meet standards other than those generally required for counties and cities of the size and type similar to the parties herein. 6. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 7. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire Intergovernmental Agreement and understanding between the parties to this Page 2 of 4 Intergovernmental Agreement and supersedes any other Intergovernmental Agreements concerning the subject matter of this transaction,whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision,or clause of this Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto,or waiver of,a breach by any other party,whether express or implied,shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 8. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: CDOT Region 4: WELD COUNTY: Johnny Olson, RTD Elizabeth Relford, Transportation Planner 1420 2n° Street P.O. Box 758, 1111 H Street Greeley, CO 80631 Greeley, CO 80632 Phone: 970-350-2103 Phone: 970-304-6496, ext. 3748 9. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this Agreement shall be construed or interpreted as a waiver,express or implied,of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: CDOT, REGION 4 By: By: Johnny Olson, RTD �j EST: BOARD OF COUNTY COMMISSIONERS CaBY i�'-''. COUNTY Clerk to the Board WELD COUNTY, COLORADO . Clerk to th oard Sean P. Conway, Chair MAR 2012 Page 3 of 4 a�fi/2 -O7`2/ Donna Bechler From: Elizabeth Re!ford Sent: Monday, January 28, 2013 4:45 PM To: Donna Bechler Subject: Re: Highway 85 Coalition Hi Donna, CDOT has not moved this forward. I'm still nagging, so hopefully in the near future, but I'm not holding my breath. :) Drive safe! Elizabeth Weld County Public Works Department On Jan 28, 2013, at 4:42 PM, "Donna Bechler" <dbechler@co.weld.co.us>wrote: Hi Elizabeth, Just checking to see if CDOT has done anything with this one yet. Looks like we're going to have a wet drive home! Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 <image001.jpg> Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. <Highway 85 Coalition.pdfl 1 O7& oY ?2 Donna Bechler From: Elizabeth Relford Sent: Friday, November 30, 2012 11:43 AM To: Donna Bechler Subject: RE: Hwy 85 Coalition CDOT has done nothing with it. I have it on the next Coalition meeting agenda to discuss. I'll let you know.O Elizabeth Elizabeth Belford Transportation Planner Weld County Public Works 1111H Street PO Box 758 Greeley, CO 80632-0758 Email:erelford@co.weld.co.us Office:(970)304-6496 Ext.3748 Mobile:(970)673-5836 Web:http://www.co.weld.co.us {,J Be:, ; gjir c Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Donna Bechler Sent: Friday, November 30, 2012 10:28 AM To: Elizabeth Relford Subject: Hwy 85 Coalition Hi Elizabeth, I know we talked about this one back in March, but I was just checking with you again in case CDOT may have signed it in the meantime. Hope things are going well with you. Thanks for all your help. Donna Donna Bechler Deputy Clerk to the Board 1150 0 Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Donna Bechler From: Donna Bechler Sent: Friday, June 29, 2012 10:52 AM To: Elizabeth Relford Subject: FW: Unsigned Agreement Attachments: Hwy 85 Coalition.pdf I forgot to attach the copy of the agreement in case you need to see what I'm talking about© From: Donna Bechler Sent: Friday, June 29, 2012 10:51 AM To: Elizabeth Relford Subject: Unsigned Agreement Hi Elizabeth, • On March 14, 2012,the Board approved the Intergovernmental Agreement regarding the Highway 85 Coalition and Adams County. We haven't received a signed agreement back from CDOT at this time. Could you please check to see if this document has been returned to you, and if so, could you please forward it to us. Thanks for all your help and hope you have a good weekend. Donna Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • M g aoic t oV47-07� Elizabeth Strong From: Elizabeth Relford Sent: Thursday, March 08, 2012 8:14 AM To: Jennifer VanEgdom Cc: Bruce Barker; Monica Mika; Pat Persichino; Esther Gesick Subject: FW: Hwy 85 Coalition - IGA for US 85 PEL Contributions Attachments: Draft IGA 85 Coalition-CDOT 022812.doc Morning Jenny, Bruce is going to put this agreement on the BOCC agenda for Wednesday and would like a quick 15 min work session with the Board prior to Wed. Can you fit it in for us? Elizabeth Elizabeth Belford Transportation Planner Weld County Public Works 1111 fl Street PO Box 758 Greeley, CO 80632-0 758 Email:erelford@co.weld.co.us Office:(970)304-6496 Ext.3748 Mobile:(970)673-5836 Web:http://www.co.weld.co.us Ae IK4Y •=�v Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Thursday, March 08, 2012 8:10 AM To: Elizabeth Relford Subject: Re: Hwy 85 Coalition - IGA for US 85 PEL Contributions IGA looks fine. Let's put on for Wednesday. Send to Esther and ask for that day. Also, could you forward to Jenny V and ask for 15 minute WS on Monday or Tuesday?Thanks. From: Elizabeth Relford Sent: Thursday, March 08, 2012 08:02 AM To: Bruce Barker Cc: Pat Persichino 1 Subject: Hwy 85 Coalition - IGA for US 85 PEL Contributions Hi Bruce, Tonight is the Highway 85 Coalition meeting and I need to provide some direction to the group about the County being the keeper of their financial contributions. Have you had a chance to review the IGA? Do you have an idea when we can get it on the agenda, so we can give it to CDOT for signature? Let me know. Thanks, Elizabeth Elizabeth Relford Transportation Planner Weld County Public Works 1111 H Street PO Box 758 Greeley,CO 80632-0758 Email:erelford@co.weld.co.us Office:(970)304-6496 Ext.3748 Mobile:(970)673-5836 Web:http://www.co.weld.co.us f LM ■,Ff I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Donna Bechler From: Donna Bechler Sent: Monday, March 24, 2014 4:51 PM To: Elizabeth Relford Subject: IGA- Highway 85 Coalition and Adams County Attachments: IGA- Hwy 85 Coalition.pdf Hi Elizabeth, I have all your memos saying you don't have any idea if this will ever be signed by CDOT,so I just wanted to let you know we are going to file it with a note saying CDOT hasn't signed it. If they ever do,just let us know it was approved by the Commissioners in 2012, but never fully executed. We can pull it back out of the files at that time. I will attach a copy of it for you with all the e-mails attached. Thanks, Donna Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 x °'I LL .6rt IF Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello