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HomeMy WebLinkAbout20030564.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF AN ADVANCE OF FUNDS AND AUTHORIZE CHAIR TO SIGN - NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL 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 the Provision of an Advance of Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the North Front Range Transportation and Air Quality Planning Council, with 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 the Provision of an Advance of Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the North Front Range Transportation and Air Quality Planning Council be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of March, A.D., 2003. BO D OF COUNTY COMMISSIONERS W OU COLORADO ATTEST: ?" Da id E. Lon , Chair ( Weld County Clerk tot �df' a" � Robert D. den, Pro-Tern BY: a;' Deputy Clerk to the Boar ' M. J. eile APPROV AS TO F EXCUSED William Jerke my tt y Glenn Vaad Date of signature: '31_ 2003-0564 CO Cr BC0033 NORTH FRONT RANGE 235 Mathews Street Fort Collins, Colorado 80524 (970) 221-6243 (970) 416-2252 METROPOLITAN PLANNING ORGANIZATION FAX: (970) 416-2406 February 25, 2003 Weld County Board of County Commissioners c/o Don Warden PO Box 758 Greeley, CO 80632 Re: IGA for Advance of Funds to NFR MPO Dear Don, Enclosed for the Board's review and signature, are two original copies of the Intergovernmental Agreement between Weld County and the North Front Range MPO for the advance of operational funding to the MPO. Please obtain the appropriate signatures and attestations on the two contracts and forward one copy back to the MPO. As we are still working on getting our financial accounting system up and running, we won't ask that you forward the funding of $150,000 at this time. Rather, we will make the request for the funds once we have the system operational. We are hoping to have everything ready to go at some point during this next quarter. On behalf of all of us here at the MPO, we thank you for all your support in helping us to achieve this milestone. We believe it is one of our biggest steps to date toward a more perceived independence from any one member entity. Sincerely, Cliff Davids n Executive Director Enclosures e 2003-0564 The North Front Range Transportation Et Air Quality Planning Council is the designated Metropolitan Planning Organization for the North Front Range. INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF AN ADVANCE OF FUNDS TO THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL THIS AGREEMENT, is entered into this ‘725'. day of ", , 2003, by and between THE NORTH FRONT RANGE TRANSPORTATION 'AND AIR QUALITY PLANNING COUNCIL,(the"MPO"),and WELD COUNTY,COLORADO(the"Member Entity"). WITNESSETH: WHEREAS, the MPO was created on January 27, 1988 to promote regional transportation and transportation related air quality planning,cooperation and coordination among federal,state and local governments in the North Front Range area; and WHEREAS, the MPO was established pursuant to the powers set forth in Article XIV, Section 18(2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as amended; and WHEREAS, voting members of the MPO include Fort Collins, Greeley, Loveland, Evans, Timnath, Windsor, Berthoud, LaSalle, Johnstown, Milliken, Garden City, Larimer County, Weld County, the State of Colorado Transportation Commission, and the State of Colorado Air Quality Control Commission; and WHEREAS, the MPO's activities are of a regional and multi-governmental nature and the MPO performs regional functions which are authorized by the Transportation Efficiency Act of the 21st Century and the Clean Air Act of 1990, as amended, as well as Colorado legislation which requires a regional and a statewide transportation plan; and WHEREAS, the MPO is charged with the duty to undertake comprehensive, regional transportation and transportation-related air quality planning; and WHEREAS, the MPO is the designated entity for the purpose of receiving local, state and federal assistance for the purposes of undertaking transportation planning, air quality planning and other purposes authorized to the MPO; and WHEREAS,the funds for the administration of the MPO's program are federal transportation program funds appropriated by the federal government and administered by the Colorado Department of Transportation (CDOT), based on the federal fiscal year of October 1 through September 30; and WHEREAS,all transportation-related funding contracts received by the MPO are in the form of cost reimbursement,thereby leaving the MPO in need of available cash funds in order to incur and pay for expenditures prior to seeking reimbursement; and 1 WHEREAS, the Member Entity agrees that the need exists for the MPO to have money available to incur and pay expenditures prior to seeking reimbursement from CDOT; and WHEREAS,the parties desire to enter into this Intergovernmental Agreement for the purpose of lending the funds for the operation of the MPO; and WHEREAS, the Weld County Board of County Commissioners has determined that the making of an Advance of Funds to the MPO for the aforesaid purposes will promote and advance a valid public purpose of Weld County as a Member Entity of the MPO. NOW,THEREFORE,in consideration of the mutual covenants and promises of the parties as hereafter provided and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Section 1. The sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) is authorized to be advanced to the MPO by the Member Entity with any interest income accruing to the MPO on the advance to be quarterly reported and returned to Weld County. Section 2. The MPO and Member Entity agree to review the necessity of continuation of the advance of funds on an annual basis. Section 3. The MPO agrees to maintain a separate payable line-item within its Accounting system to track the advance of funds amount received from the Member Entity. Section 4. If the MPO is able to obtain alternative sources of funding, as for example, a taxing authority through the Rural Transportation Authority,it agrees to promptly return the advance of funds amount to the Member Entity. Section 5. Notice. Any notice required to be delivered in writing pursuant to this Agreement shall be delivered as follows: If to the NFRT & AQPC: If to the Member Entity: Planning Council Chair Weld County Board of County Commissioners do Executive Director 915 10`h Street NFRT & AQPC PO Box 758 235 Mathews Street Greeley, CO 80632 Fort Collins, CO 80524 2 Section 6. This Agreement shall be construed according to its fair meaning, and as if prepared by both parties hereto,and constitutes the entire understanding and agreement between the parties hereto pertaining to the matters addressed in this Agreement. IN WITNESS WHEREOF,the parties have entered into this Agreement the day and year first above written. NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PL NNING COUNCIL By: a !ucwt a-,AAR)__________ - Chair — BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,�ORADO, ` art , By: David E. Long, Chair 3/03/2003) . ATTEST: dq� r: t , ..Q, Deputy Clerk to the Bpi p��aIP ,I 1144`dd'ri6vv. 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