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Home My WebLink About20202949.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR 2020 TRANSPORTATION MASTER PLAN UPDATE AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS 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 2020 Transportation Master Plan Update 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 City of Evans, commencing upon full execution of signatures, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 2020 Transportation Master Plan Update 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 City of Evans, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiffiv �C.lao•� Mike Freeman, Chair Weld County Clerk to the Board Steve /hlloreno,pro-Tem BY: K. James AP ountyorney Kevin D. Ross Date of signature: cc : pL i (DP/ER/GH) 0/0 I /2o 2020-2949 EG0078 eel BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Intergovernmental Agreement (IGA) with the City of Evans City of Evans 2020 Transportation Master Plan Update — Multimodal Options Fund (MMOF) Partnership DEPARTMENT: Public Works DATE: September 1, 2020 PERSON REQUESTING: Dawn Anderson Brief description of the problem/issue: Representatives from the City of Evans approached the Board of County Commissioners (BOCC) to request a financial partnership to a Multimodal Option Fund (MMOF) application for the North Front Range Metropolitan Transportation Organization (NFRMPO). The application scope of work focused on an update to the City of Evan Transportation Master Plan. The partnership is requested in order to have a good quality network of roads and intersections that meets the goals of the North Front Range region. The financial partnership request was for 2% of the total ask which was a requirement of the application. The BOCC agreed to 2% totaling $3,000 (see attached letter dated January 13, 2020). The attached IGA has been reviewed by the County Attorney's office and has been executed by the City of Evans. The plan update will begin fall 2020 and reimbursement will be requested once the IGA is executed. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board can choose to place this on an upcoming agenda in which they can approve, amend or reject the attached IGA or can choose to request a work session with staff to discuss the IGA. Recommendation: Public Works recommends scheduling this item for an upcoming hearing and ultimately approve the IGA. Approve Schedule as Regular Recommendation DOCC Hearing Items Other/Comments; Mike Freeman, Chair Scott K. James Barbara Kirkrneyer Steve Moreno, Pro-Tem Kevin D. Ross 2020-2949 o78 OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 13, 2020 Suzette Mallette MPO Executive Director North Front Range Metropolitan Planning Organization 419 Canyon Ave. Suite 300 Fort Collins, CO 80521 RE: Support of Evans Application for North Front Range MPO Multi -Modal Options Fund Dear Suzette Mallette: The Weld County Commissioners are pleased to support and partner with the City of Evans' grant application to update their 2004 Transportation Master Plan inclusive of trails, transportation and multi -modal options. The multi jurisdictional approach proposed with this application meets the goals of the North Front Range region. This partnership is consistent with the goals set out in the application and the county has committed to financially support the project in the amount of $3,000.00 which is 2% of the total ask. Thank you for your consideration, and if you have any questions, please feel free to contact us. Sincerely, eisa4„ Mike Freeman, Chair Weld County Commissioner Co R tAt.m , cwt . o 5 01 /z7/2a INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE CITY OF EVANS FOR THE 2020 TRANSPORTATION MASTER PLAN UPDATE THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this1th day of -J l.,ti, 2020, by and between Weld County, a body corporate and political subdivision of the State of Colorado, with offices located at 1150 O Street, Greeley, Colorado, 80632, through its Board of County Commissioners (hereinafter referred to as "Weld County"), and the City of Evans, with offices located at 1100 37th Street, Evans, Colorado, 80620, a municipality (hereinafter referred to as "Evans"). WITNESSETH: WHEREAS, Evans is updating their 2004 Transportation Master Plan, a document that guides future development of all driver and non -driver routes of travel within City limits; and WHEREAS, Evans is located inside Weld County and because of this, growth in Evans directly impacts Weld County in many ways, including Evans' present and future transportation network; and WHEREAS, each party wishes to have plans in place for a good -quality network of roads and intersections, transit, trails, and pedestrian routes that provide safe travel, enjoyment, convenience, and environmental mitigation to drivers and non -drivers alike who live in and travel through this region, and therefore wish to jointly enter into this project; and WHEREAS, both parties hereto desire to enter into this Agreement for the purpose of defining their respective roles and responsibilities regarding the completion of this project; and WHEREAS, both parties are authorized to enter into this Agreement by C.R.S. § 29-1- 203 and Colorado Constitution Article XIV§ 18(2) (1), for the purpose of achieving greater efficiencies for the provision of services to the public. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE ADEQUACY OF WHICH IS ACKOWLEDGED BY AND BETWEEN THE PARTIES, THE PARTIES AGREE AS FOLLOWS: 1. MAXIMUM ESTIMATED COSTS This is a City of Evans project which, due to the shared value nature of the project, Weld County wishes to assist with in the form of partial local match funding. The maximum estimated local match cost to each party for the project, is as follows: City of Evans Budget: $ 15,000 Weld County Budget: $ 3,000 Total Local Project Budget: $ 18,000 It is understood and agreed, by both parties hereto, that the total cost of the local match stated herein is the best estimate prior to bid and award available, and such cost is subject to revision(s) based upon the actual cost of the project. Any revision in cost will not affect Weld County's Weld County/City of Evans IGA — Transportation Master Plan Update Page 1 of 4 contribution to this project. 2. RESPONSIBILITY Weld County agrees to pay $3,000 to Evans as Weld County's entire financial contribution to the project upon approval and signing of this Agreement by both parties. All costs for the project in excess of the $3,000 paid by Weld County shall be the responsibility of Evans. Evans will coordinate the project, as described herein, and shall be responsible for all payments to contractors associated with this project. 3. FUNDING CONTINGENCY This Agreement is contingent upon all funds designated for the project being made available from Weld County and Evans. Should these sources fail to provide necessary funds as agreed upon herein, this contract may be terminated by either party upon written notice being delivered to the other party. 4. ENTIRE AGREEMENT This contract, together with any exhibits and any other documents incorporated herein by reference, constitutes the entire agreement between the parties with respect to the project, and shall be binding upon the parties, their officers, employees, agents, and assigns, and shall inure to the benefit of any successors and assigns of said parties. 5. NO THIRD -PARTY BENEFICIARY ENFORCEMENT It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all the rights of action relating to such enforcement, shall be strictly reserved to Weld County and Evans, and nothing contained in this Agreement shall give or allow any claim or right of action whatever by any other person on this Agreement. It is the express intention of Weld County and Evans that any entity other than the parties receiving services or benefits under this Agreement, shall be deemed an incidental beneficiary only. 6. GOVERNMENTAL IMMUNITY No term of condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections provided by common law or state statute, including the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now, or as hereafter amended. 7. MODIFICATION AND BREACH OF CONTRACT This Agreement contains the entire agreement and understanding between the parties and supersedes any other agreements concerning the project whether oral or written. No modification, amendment, revocation, renewal, or other alteration of/to this Agreement and the attached schedules, shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the parties. No breach of any term, provision, or clause of this Agreement or its attached schedules 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 Weld County/City of Evans IGA — Transportation Master Plan Update Page 2 of 4 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. LEGAL REMEDIES AND RESPONSIBILITIES This Agreement shall be governed by the laws of the State of Colorado. Any and all legal action necessary to enforce the Agreement will be held in Weld County, Colorado. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law, statute, or otherwise, including but not limited to specific performance. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. Each party shall be responsible for defending itself and its officers, employees, and assigns in any action brought against that party specifically. Neither party shall be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the other party or the representatives thereof arising out of the project or the terms of this Agreement. 9. SEVERABILITY If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent this Agreement is then capable of execution within the original intent of the parties. 10. NOTICES All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below. WELD COUNTY Attn: Mike Freeman, Board of County Commissioners Chair 1150 O Street P.O. Box 758 Greeley, CO 80632 mfreeman@co.weld.co.us CITY OF EVANS James Becklenberg, City Manager 1100 37th Street Evans, CO 80620 jbecklenberg@evanscolorado.gov 11. ACKNOWLEDGEMENT Weld County and Evans acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement along with any exhibits and documents incorporated herein by reference, is the complete and exclusive statement of agreement between the parties. Weld County/City of Evans IGA — Transportation Master Plan Update Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. BOARD OF COUNTY COMMISSIONERS CITY OF EVANS, COLORADO OF WELD COUNTY, COLORADO By: Mike Freeman, Chair SEP 2 8 2020 ATTEST: lerk to the B.. rd `��t0"�1'f�.ATTEST: •. �N By: By: _41( 4 , dIdI won k t • t �� Boated '% O R A6 ,.N`APPROVED AS TO LEGAL FORM: ��/fflllllilll�l` By: .„24.4-47 -J 'a 4 City Attorney APPROVED AS TO SUBSTANCE: APPROVED AS TO FINANCING Jacq a Troudt, Finance Director Weld County/City of Evans IGA — Transportation Master Plan Update Page 4 of 4 aoao - 02119 6) Entity Information Entity Name* CITY OF EVANS Entity ID* 00001848 Contract Name* INTERGOVERNMENTAL AGREEMENT (IGA) - 2020 TRANSPORTATION MASTER PLAN UPDATE MMOF PARNTERSHIP Contract Status CTB REVIEW ❑ New Entity? Contract ID 4121 Contract Lead* DRANDERSON Contract Lead Email drandersongco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* INTERGOVERNMENTAL AGREEMENT (IGA) - 2020 TRANSPORTATION MASTER PLAN UPDATE - MULTIMODAL OPTIONS FUND (MMOF) PARNTERSHIP Contract Description 2 Contract Type AGREEMENT Amount* $ 3,000.00 Renewable* NO Automatic Renewal Grant Department PLIBLIC WORKS Department Email CM- PublicWorks weldg©v.com Department Head Email CM-PublicWorks- DeptHead:¢weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATEgjCO. WELD. CO. US Requested BOCC Agenda Date* 09/28/2020 Due Date 09 24;2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 09/21/2021 Committed Delivery Date Renewal Date Expiration Date* 09/2812021 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 09(2.3;2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09(28.2020 Originator DRANDERSON N Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 09,/24:2020 09/24 '2020 Tyler Ref if AG 092820 Hello