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Home My WebLink About972359.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR REGIONAL TRANSPORTATION DISTRICT FEASIBILITY STUDY FOR SOUTHWEST WELD 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 Regional Transportation District Feasibility Study for Southwest Weld County among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the Regional Transportation District, and the municipalities of Dacono, Erie, Firestone, and Frederick, commencing upon full execution of said agreement, and ending December 30, 1997, 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 Regional Transportation District Feasibility Study for Southwest Weld County among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the Regional Transportation District, and the municipalities of Dacono, Erie, Firestone, and Frederick, 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 November, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COL?RADO ATTE y A , ' '' A� Georg E. Baxter, Chair Weld W r: _ and ,. / / / tance L. Harbe , Pr -Tem BY: Dep Board Dale K. Hall -'/ // L. APP AS TO RM: ,Lw 0/ ,//} * / BarbarraaiJ. Kirkmey / J 24/1/7 W. H. Webster 972359 g_LL; GHQ QTC7; 4)tt(c?7a; Ei(e; fires/midi Fred r[ck) 1,0 BC0026 INTERGOVERNMENTAL AGREEMENT FOR REGIONAL TRANSPORTATION DISTRICT FEASIBILITY STUDY FOR SOUTHWEST WELD COUNTY THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 3ld day of //D vein ber , 1997,by and between the County of Weld,a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, hereinafter referred to as"County,"and the municipalities of Dacono,Erie,Firestone,and Frederick, by and through their respective councils,hereinafter referred to collectively as "Municipalities,"and the Regional Transportation District, hereinafter referred to as "RTD". WITNESSETH: WHEREAS, the parties hereto have the authority, pursuant to the Colorado Constitution, state statutes, and their respective home rule charters (if applicable), to enter into intergovernmental agreements for the purpose of providing for the general health, safety,and welfare of their respective citizens, and WHEREAS, the citizens of southwest Weld County have requested their elected representatives to examine the possibility of inclusion into RTD, and WHEREAS, Weld County has acquired a grant in the amount of $15,000 from the Governor's Office of Energy Conservation to conduct a community needs assessment survey to determine possible participation in RTD, and WHEREAS, RTD has committed $5,000 toward said community needs assessment survey, and WHEREAS, the County, Dacono, Erie, Firestone, and Frederick have committed $500 each toward a community needs assessment survey as well as in kind services, and WHEREAS,the parties hereto desire to enter into this Intergovernmental Agreement for the purpose of performing a feasibility study, a part of which is said community needs assessment survey, to examine the possibility of including a portion of southwest Weld County into the RTD. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree to the following: 1. TERM: This Agreement shall be in force from the date first written above until the date of completion of the feasibility study. The project completion date is estimated to be ninety (90) days from the date of this Agreement. Page 1 of 6 Pages 972359 2. RTD AGREES: A. To act as Project Manager and contract with a private consultant whom will conduct said community needs assessment survey and analyze the data obtained from the survey. Said private consultant shall be required to provide a report summarizing findings and conclusions of the survey to all parties of this Intergovernmental Agreement. The community needs assessment survey shall include the following elements: 1. Telephone survey of 300 to 400 persons in southwest Weld County shown on the attached map titled Study Area for Potential RTD Expansion. 2. The length of the interview will be between 10 and 15 minutes. 3. Questions on the survey will be prepared by the consultant and reviewed by all parties to this Agreement. 4. Data processing, tabular report and analysis. 5. Written report with fifteen(15) copies. B. To provide a maximum of$5,000 to be paid to said private consultant whom will conduct said community needs assessment survey. The total private consultant cost for the community needs assessment survey shall not exceed $22,500 unless otherwise agreed to in writing by the parties. C. If all parties agree that the survey results are positive,to design a service plan or make such other proposal(s) that would meet public needs based on the information gained from the community needs assessment survey. D. If all parties agree that the survey results are positive,to perform an economic analysis of providing said service plan in southwest Weld County. E. If all parties agree that the survey results are positive, to provide a written feasibility study to all parties of this Intergovernmental Agreement that will combine said community needs assessment survey, service plan, and economic analysis, along with a recommendation for further action. F. To invoice Weld County for expenses incurred by the private consultant at such time as they accrue. G. To report every thirty (30) days on the progress of this project to Drew Page 2 of 6 Pages 972359 Scheltinga, Weld County Engineer. H. To provide staff time and information to assist the private research consultant. 3. WELD COUNTY AGREES: A. To provide $15,000 obtained from the Governor's Office of Energy Conservation grant to RTD for said community needs assessment survey. Payments shall be made within thirty (30) days of receipt of invoices from the consultant to RTD and forwarding by RTD to Weld County and shall be used to pay all consultant invoices until expended, prior to contribution from RTD. B. To provide $500 in County funds to RTD for said community needs assessment survey as invoiced for survey expenses. C. To provide information and staff time to assist RTD in performing the feasibility study. D. To collect total payments of $2,500 from the Municipalities for the community needs assessment survey and provide such funds to RTD as invoiced for survey expenses. E. To pay one-third eh) of all contractor invoices on behalf of itself and the Municipalities after the $15,000 State grant has been expended. 4. MUNICIPALITIES AGREE: A. To each provide $500 to RTD for community needs assessment survey paid to Weld County for remittance to RTD as set forth in Paragraph 3., above.. B. To provide facilities for public meetings. 5. REIMBURSEMENT: No parties to this Intergovernmental Agreement will receive reimbursement for staff time or providing facilities. 6. NON-ASSIGNMENT: This Intergovernmental Agreement shall not be assignable. 7. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or Page 3 of 6 Pages 972359 written. Modifications, amendments, notations, renewals, or other alterations of or to this Intergovernmental Agreement shall only be deemed valid or of any force or effect whatsoever if mutually agreed upon in writing by the undersigned parties. No breach of any term,provision, or clause of this 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,either expressed or implied, shall not constitute a consent to, waiver of or excess of any other different or subsequent breach. 8. 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 are then capable of execution within the original intent of the parties. 9. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess , nor shall any portion of this Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. 10. NOTICES: Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail,return receipt requested, postage prepaid, at the following addresses: BOARD OF WELD COUNTY COMMISSIONERS: 915 Tenth Street, P.O. Box 758 Greeley, Colorado 80632 Contacts: Drew Scheltinga, County Engineer, (970)356-4000, Ext. 3750 or Monica Daniels-Mika, Planning & Zoning Director, (970)356-4000, Ext. 3550 REGIONAL TRANSPORTATION DISTRICT (RTD) 1600 Blake Street Denver, Colorado 80202-1399 Contact: John Pung, (303) 299-2142 CITY OF DACONO 512 Cherry Street, P.O. Box 186 Dacono, CO 80514 Contact: Linda Stepien, Mayor (303)833-2317 Page 4 of 6 Pages 972259 TOWN OF ERIE 645 Holbrook, P.O. Box 100 Erie, CO 80516 Contact: Vic Smith , Mayor(303)665-3555 TOWN OF FIRESTONE 150 Buchanan Avenue, P.O. Box 100 Firestone, CO 80520 Contact: Rick Patterson, Mayor(303)833-3291 TOWN OF FREDERICK 401 Locust Street, P.O. Box 435 Frederick, CO 80530 Contact: Edward Tagliente, Mayor (303)833-2388 Notices shall continue to be sent to the above-stated addresses until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and nay notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances except for emergency situations when immediate notification to the other party is required. WHEREFORE,parties have hereunto set their hands and seals the date and year fast written above. ° a'�1 ATTEST: y ��;;ra!�,��!�� i� ' BOARD OF COUNTY COMMISSIONERS /' A , , WELD COUNTY, COLORADO Weld Co ,,,t y Bt*'�I III By: ,_,.. :�r0�Jelre;esa:�/� By: , k c 7 x.ti Deputy Cl-`ctill�- i' i •OeorgeZBaxter, Chairman ///3/17 APPROVED AS TO LEGAL FORM REGIONAL TRANSPORTATION DISTRICT REGIONAL TRANSPORTATION DISTRICT: ) /4„4,„7,...6 ( B . pia L. Lien larence W. Marsella, General Manager l TD Associate General Counsel M:\WPFILES\AGREEMNr\rtd.agr 97 :59 Page 5 of 6 Pages ATTEST: CITY OF DACONO -11Di1n0 tll ha By: �� 2/ Pl v� aspaf City Clerk V Linda Stepien, Mayor ,,,eiseneel,��r %%% OF....D(1cOi, TN `;) ` i is SEAL i \tip RY„ceii ,��'CO.,1O R A„.b• lei,-0.41 4 4 J /eTa � //g/9 Page 6 of 6 Pages 972359 ATTEST: TOWN OF FREDERICK , /J � fir' / .4?" u`+/.v` ✓U BY.3'rr1Zirc /�. 7�s-ri o Deputy City Clerk Edward Tagliente, l%yor Page 6 of 6 Pages ATTEST: TOWN OF ERIE Deputy City Clerk. Vic Smith, Mayor Page 6 of 6 Pages 972359 ESTOi ATTEST: a OWN : ,WN OF FIRESTONE S Q C7Fi O -� i.`V • Lr' "��" City Clerk III p • •�O 'ick Patterson, Mayor re, ‘' iNTY, GO Page 6 of 6 Pages 972159 ATTACHMENT A Payment Summary The following payment of$17,500.00 will be made by Weld County to RTD prior to the start of the project. Source of Funds Amount Office of Energy Conservation Grant $15,000.00 Town of Frederick $ 500.00 Town of Erie $ 500.00 Town of Firestone $ 500.00 City of Dacono $ 500.00 Weld County $ 500.00 Total Payment $17,500.00 RTD's Matching Funds $ 5,000.00 Total Project Budget $22,500.00 M:\WPFILES\AGREE\RTDFUNDS.DB 972359 Regional Transportation District 1600 Blake Street C D tt r, n (,,.,„.Q..r''Denver,Colorado 80202-1399 r� December 10, 1997 (.,:, r in: 52 CLERK TOT'r;t Em '.D Mr. Drew Scheltinga County Engineer 933 N. 11`h Avenue P.O. Box 758 Greeley, Colorado 80632-0758 Dear Mr. Scheltinga: Enclosed are three original copies of the Agreement between Weld County and The Regional Transportation District (RTD) for the RTD district expansion study. Please execute all three copies, return two original signed copies to me, and retain one for your file. If you have any questions regarding the Agreement, please contact John Pung at 299-2142. Sincerely, 1 ILLealai Tony McCaulay Director of Customer Services Enclosures (3) c: John Pung Carol Fusaro An Equal Opportunity/Affirmative Action Employer 972259 Hello