HomeMy WebLinkAbout20182033.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SOUTHWEST WELD
COUNTY TRANSPORTATION IMPROVEMENTS PROGRAM 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 the
Southwest Weld County Transportation Improvements Program among 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, City of Brighton, City of Dacono, Town of Erie, Town of Frederick,
Town of Firestone, Town of Lochbuie, City of Longmont, and Town of Mead, 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 Southwest Weld County
Transportation Improvements Program among 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 City of Brighton, City of Dacono, Town of Erie, Town of Frederick, Town of
Firestone, Town of Lochbuie, City of Longmont, and Town of Mead, 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 2nd day of July, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAgA)';t1
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APP' e D 1 . T
orney
Mike Freeman
Date of signature: Dis 03-/8
Steve Moreno, Ch-ir
r Kir e e ' Pro-Teyr�ri
s V.
Sean P. Conway
ozad
Cc,: PLACER)
08 -04 -IS
2018-2033
EG0075
an-frac+ =1) # 199
MEMORANDUM
TO: Board of County Commissioners
DATE: July 2, 2018
FROM: Elizabeth Relford. PW Deputy Director
SUBJECT: SW Weld TIP Program Forum
Agreement - DRCOG
The Denver Regional Council of Governments (DRCOG) allocates certain federal funding
for transportation improvements as part of their Transportation Improvement Program
(TIP). Recently, in 2018, DRCOG modified their TIP funding distribution process by
allocating funding to local governments within County geographies (subregional funding)
within the DRCOG region. The DRCOG counties are the lead agencies for coordinating
the subregional TIP forums.
The Southwest Weld County communities within DRCOG include Brighton, Dacono, Erie,
Frederick, Firestone, Lochbuie, Longmont, and Mead. In order for these communities to
receive subregional funding from DRCOG, they must enter into an intergovernmental
agreement with Weld County. Weld County's responsibilities include coordinating and
facilitating "The Forum" process. The Southwest Weld County TIP Forum will include a
representative from each agency to serve as a regular member on the Forum. The Forum
will vote to identify a final portfolio of projects and a funding request for submission to
DRCOG as a recommendation of projects for their TIP. Weld County's subregional
funding split has been identified to be approximately 4.3 million dollars over four years
(2020-2023). In accordance with the request of all the communities, Weld County is the
final agency to adopt this IGA.
A work session discussing this IGA was held January 16, 2018 and monthly meetings for
the Forum occur the second Thursday of every month at 2:00 pm at the Weld Southwest
Service Center.
Staff recommends the Board adopt the IGA. I am available to answer any questions you
may have.
2018-2033
EScsoo"1S
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the 2nd
day of July, 2018 (the "Effective Date"), by and among the County of Weld, the Cities of
Brighton, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone, Lochhuie and
Mead, all such parties being referred to collectively herein as the "Agencies."
WITNESSET H :
WHEREAS, the Agencies are authorized by the provisions of Colo. Const. art. XIV,
18(2)(a) and C.R.S. §§ 29-1-201, a seq., to contract ‘‘ ith one another to provide any function.
service or facility lawfully authorized to each;
WHEREAS. the Denver Regional Council of Governments ("DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
I in pros ement Program (-TIP"):
):
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("suhregional funding") within the DRCOG region;
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the suhregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements;
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the C)RCOCi TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future: and
cxDva'- ao33
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS.
1. Term. The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum/Members Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, or other delegate
appointed by the relevant Agency, to serve as a regular member of the Southwest
Weld County Sub -regional TIP Forum ('The Forum") as identified in Exhibit A,
such that each Agency shall have one member on The Forum Each Agency
participating on The Forum may also appoint one alternate member to participate on
The Forum in the absence of the appointed regular member
3 Notice of Meetings; Open Meetings Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4 Weld County Facilitation. Weld County Public Works shall be responsible for
coordinating and facilitating The Forum process Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6 Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7 Project Requests for Sub -Regional Funding Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8 Project Application Process Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Forum will vote to identify a final portfolio of projects and a funding request for
submission to DRCOG as the sub -regional recommendation of projects for the TIP
9 Planning Timeline The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Transportation Commission
IO General Provisions.
a Integrated Agreement, Amendment This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b Binding Effect; No Third -Party Beneficiaries This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns it is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement it is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement
e. Counterparts; Electronic Disposition. This Agreement may be executed in any
nuriber of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
instrument The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Member: Holly Prather
Alternate TIP Forum Member: Mary Falconburg
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORA I O APPROVING THE SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
BY AND AMONG THE CITIES OF RIGHTON, DACONO, LONGMNT,
THE TOWNS OF ERIE, FREDERICK, FIRESTONE AND MEAD, AND
WELD COUNTY ("AGREEMENT") TO IMPLEMENT THE
SUBREGIONAL FUNDING ALLOCATION PROCI SS FOR THE DRCOG
TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND TO
ENSURE ADEQUATE TRANSPORTATION INFRASTRUCTU E TO
MEET THE NEEDS OF T E SOUTHWEST WELD COUNTY AREA
RESIDENTS CURRENTLY AND IN THE FUTURE, AUTHORIZING T { 3 E
MAYOR TO EXECUTE SAID AGREEMENT ON : EHALF OF THE CITY
AND THE CITY CLERK TO ATTEST THERETO.
RESOLUTI1t N NO.: 2018-67
WHEREAS, the County of Weld, the Cities of Brighton, Dacono, and Longmont, and the
Towns of Erie, Frederick, Firestone, Lochbuie and Mead (the "Agencies") are desirous of entering
in an agreement to work collaboratively to implement the Subregional funding allocation process
for the DRCOG TIP and to ensure adequate transportation infrastructure to meet the needs of the
southwest Weld County area residents currently and in the future, and
WHEREAS, the Agencies are authorized by the provisions of Colo Const art XIV, §
18(2)(a) and C R S §§ 29-1-201, et seq , to contract with one another to provide any function,
service or facility lawfully authorized to each, and
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates certain
federal funding for transportation improvements as part of their Transportation Improvement
Program ("TIP"), and
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region, and
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio of
projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements, and
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate transportation
infrastructure to meet the needs of the Southwest Weld County area residents currently and in the
future, and
WHEREAS, the Agencies have set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration in the Southwest Weld
County Transportation Improvement Program Forum Agreement; and
WHEREAS, the City Council hereby finds and determines that the terms of the Southwest
Weld County Transportation Improvement Program Forum Agreement are reasonable and
necessary for the Agencies to coordinate current and future transportation planning within
southwest Weld County.
NOW, THEREFORE, lIE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, AS FOLLOWS:
1. That the Southwest Weld County Transportation Improvement Program Forum
Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A, is
hereby approved.
2. That the Mayor is hereby authorized to sign said Agreement on behalf of the City and
the City Clerk to attest thereto.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Brighton, Colorado, this 5t" day of June, 2018.
CITY of BRIGHTON, COLORADO
Asal
Kenneth J. r u tzer, ayor
ATTEST:
Natal e Hoel. City Clerk
•
APPROVED AS TO FORM:
Margaret R. Brubaker, Esq.
City Attorney
WELD COUNTY
ATTEST: deicativ „Si L
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
/CLlePet
Deputy Vj erk to the : ��� . T�: • J,;�eve Moreno, Chair
0 2 204
Gx' (ct sxfl3ci)
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the c2At
day of 2018, (the "Effective Date"), by and among the County of Weld, the
Cities of Bri on, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone,
Lochbuie and ead, all such parties being referred to collectively herein as the "Agencies."
WITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo. Const. art. XIV, §
18(2)(a) and C.R.S. §§ 29-1-201, et seq., to contract with one another to provide any function,
service or facility lawfully authorized to each;
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
Improvement Program ("TIP");
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region;
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements;
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future; and
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS:
1. Term. The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum/Members. Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, or other delegate
appointed by the relevant Agency, to serve as a regular member of the Southwest
Weld County Sub -regional TIP Forum ("The Forum") as identified in Exhibit A,
such that each Agency shall have one member on The Forum Each Agency
participating on The Forum may also appoint one alternate member to participate on
The Forum in the absence of the appointed regular member
3. Notice of Meetings; Open Meetings. Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4. Weld County Facilitation. Weld County Public Works shall be responsible for
coordinating and facilitating The Forum process Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6. Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7. Project Requests for Sub -Regional Funding. Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8. Project Application Process. Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Forum will vote to identify a final portfolio of projects and a funding request for
submission to DRCOG as the sub -regional recommendation of projects for the TIP
9. Planning Timeline. The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Transportation Commission
10. General Provisions.
a. Integrated Agreement; Amendment. This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b. Binding Effect; No Third -Party Beneficiaries. This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability. In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement
e. Counterparts; Electronic Disposition. This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
instrument The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Member:
Ai.E(A,ker-i-
Alternate TIP Forum Member:
ce(dioi/i. -5 i chery\
CITY OF DACONO
By: Joe ::!fir, Mayor
ATTEST:
Valerie Taylor pity Clerk
WELD COUNTY
ATTEST: .4zAst4) jesho;ei
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
Steve Moreno, Chair
/ 1k ditiS
Deputy Cl�1 k to the :istep y
UL 1) 2
do/ I- AD 35 (0)
EfJj2jE
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF I.00HBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the 23m
day of Fab rut.ar , 2018, (the "Effective Date"), by and among the County of Weld, the
Cities of Brighton, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone,
Lochbuie and Mead, all such parties being referred to collectively herein as the "Agencies."
WITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo. Const. art. XIV, §
18(2)(a) and C.R.S. §§ 29-1-201, et seq., to contract with one another to provide any function,
service or facility lawfully authorized to each;
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
Improvement Program ("TIP");
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region;
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements;
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future; and
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meets eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS:
1. Term. The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prioi to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum. Each Agency shall appoint its representative to
the DRCOG Board of Directors, a public official, or other delegate appointed by the
relevant Agency, to serve as a regular member of the Southwest Weld County
Subregional TIP Forum ("The Forum") as identified m Exhibit A, such that each
Agency shall have one member on the Forum Each Agency participating on The
Forum may also appoint one alternate member to participate on The Forum m the
absence of the appointed regular member The Forum will vote to identify a final
portfolio of projects and a funding request for submission to DRCOG as the
subregional recommendation of projects for the TIP
3 Notice of Meetings; Open Meetings. Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetmgs of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordmatmg representative
4. Weld County Facilitation. Weld County shall be responsible for coordinating and
facilitating The Forum process Representatives appointed to The Forum will work
with Weld County on establishing meetings, schedules, preparing meeting materials,
and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6. Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Foi urn The Forum will require a
simple majority vote of the quorum for approval Non -voting members aie allowed
to participate in discussion and provide agency prospective to The Forum
7. Project Requests for Subregional Funding. Each of the Agencies may submit
applications for transportation projects or programs seeking regional of subregional
funding to The Forum Submissions may include any transportation related project or
program that is eligible for the applicable funding source and consistent with DRCOG
Board policy
8 Project Application Process. Applications shall be submitted to Weld County
Applications shall be consistent with the process approved by The Forum The Forum
will vote to approve the final suite of projects for submission to the DRCOG Board of
Directors
9 Planning Timeline. The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Transportation Commission
10. General Provisions.
a. Integrated Agreement, Amendment. This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b. Binding Effect; No Third -Party Beneficiaries. This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of teams and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c Government Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability. In the event a court of competent jurisdiction holds any provision of
this Agi eement invalid of unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement
e. Counterparts; Electronic Disposition. This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
insti ument The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Member: Trustee Gruber
Alternate TIP Forum Member: Trustee Deakin
TOWN OF ERIE
ATTEST:
BY:
K
.
.
0
•
.
•
•
•
SEAL
0000000000
•
•
Tina Harris, Mayor
RESOLUTION 18 1 --it
-
A RESOLUTION AUTHORIZING THE TOWN OF ERIE, COLORADO, TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF BOULDER; THE CITY
OF LAFAYETTE; THE CITY OF LONGMONT; THE CITY BRIGHTON; CITY OF
DACONO;TOWN OF FREDERICK; TOWN OF FIRESTONE; TOWN OF LOCHBUIE;
CITY OF LONGMONT; TOWN OF MEAD AND WELD COUNTY, SUPPORTING THE
TOWN OF ERIE'S PARTICIPATION IN THE SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM; AUTHORIZING AND
DIRECTING THE APPROPRIATE TOWN OFFICERS TO SIGN SAID
INTERGOVERNMENTAL AGREEMENT; AND SETTING FORTH DETAILS IN
RELATION THERETO.
Whereas, the Town of Erie, Colorado wishes to enter into an Intergovernmental
Agreement with the City of Brighton; City of Dacono; Town of Frederick; Town of
Firestone; Town of Lochbuie; City of Longmont; Town of Mead and Weld County for the
purpose of participating in the Southwest Weld County Transportation Improvement
Program Forum; and
Whereas, the Board of Trustees of the Town of Erie believes it is in the best
interest of the Town to enter into an Intergovernmental Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ERIE, COLORADO, AS FOLLOWS:
Section 1. That the Intergovernmental Agreement among the Town of Erie and
the City of Brighton; City of Dacono; Town of Frederick; Town of Firestone; Town of
Lochbuie; City of Longmont; Town of Mead and Weld County is found to reasonable and
acceptable for the purpose of supporting the Town's participation in the Southwest Weld
County Transportation Improvement Program Forum.
Section 2. That the Town of Erie be and is hereby authorized and directed to enter
into the Intergovernmental Agreement, and the appropriate Town officers are hereby
authorized and directed to sign and bind the Town of Erie to said agreement.
Section 3. That entering into the Intergovernmental Agreement is found to be in
the best interest of the Town of Erie, and necessary for the preservation of the public
health and safety.
ADOPTED AND APPROVED THIS 27TH DAY OF FEBRUARY, 2018, BY THE
BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO.
TOWN OF ERIE,
a Colorado Municipal Corporation
ATTEST:
By.
ssica Koe ' • , De town Clerk
Tina Harris, Mayor
WELD COUNTY
ATTEST:
Weide& "' ;aBOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
Deputy C ( r t• the
Ment"-v-to
Steve Moreno, Chair
L 2 2t''ti
,tiza,,tvi.e.e..4)
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the 'Agreement") is entered into effective as of the rd
day of July, 2018 (the 'Effective Date"), by and among the County of Weld, the Cities of
Brighton, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone, Lochbuie and
Mead, all such parties being referred to collectively herein as the 'Agencies "
WITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo Const art XIV, §
18(2)(a) and C R S §§ 29-1-201, et seq , to contract with one another to provide any function,
service or facility lawfully authorized to each,
WHEREAS, the Denver Regional Council of Governments ( `DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
Improvement Program ( `TIP' ),
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region,
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future, and
l g' - XO 33
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS•
I. Term The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum/Members Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, or other delegate
appointed by the relevant Agency, to serve as a regular member of the Southwest
Weld County Sub -regional TIP Forum ( 'The Forum") as identified in Exhibit A,
such that each Agency shall have one member on The Forum Each Agency
participating on The Forum may also appoint one alternate member to participate on
The Forum in the absence of the appointed regular member
3 Notice of Meetings, Open Meetings Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4. Weld County Facilitation. Weld County Public Works shall be responsible for
coordinating and facilitating The Forum process Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6. Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7 Project Requests for Sub -Regional Funding Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8 Protect Application Process Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Forum will vote to identify a final portfolio of projects and a funding request for
submission to DRCOG as the sub -regional recommendation of projects for the TIP
9 Planning Timeline. The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Transportation Commission
10 General Provisions
a Integrated Agreement, Amendment This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b. Binding Effect; No Third -Party Beneficiaries. This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability. In the event a court of competent jur►sd►ct►on holds any prov►s►on of
th►s Agreement ►nval►d or unenforceable, such hold►ng shall not ►nval►date or
render unenforceable any other prov►s►on of this Agreement
e Counterparts; Electronic Dispos►tion. Th►s Agreement may be executed ►n any
number of counterparts, each of wh►ch, shall be deemed to be an or►g►nal and all
such counterparts taken together shall be deemed to const►tute one and the same
►nstrument The Agenc►es acknowledge and agree the orig►nal of th►s Agreement,
►nclud►ng the s►gnature page, may be scanned and stored ►n a computer database
or s►m►lar dev►ce, and that any pr►ntout or other output readable by s►ght, the
reproduct►on of wh►ch ►s shown to accurately reproduce the orig►nal of th►s
Agreement, may be used for any purpose as ►f ►t were the or►g►nal, ►nclud►ng proof
of the content of the orig►nal wr►t►ng
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Membei : Lauia Blown, Mayoi Pio-Tem
Alternate TIP Forum Member• Kevin Ash, Engineering Dnectoi
TOWN OF FREDERICK
ATTEST:
By (-II
Meghan C i at tinez, CM 4 , Town Ct
TOWN OF FREDERICK
By
Lam a Brown, Mayo. Pm Tern
a,a,---
WELD COUNTY
ATTEST: Wa G:jej4O4
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
Deputy C ►• rk to the : a ►� _ _'_` ' t� teve Moreno, Chair
UL 022*
Ao,t 2o5(5)
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the 1lt"
day of July, 2018 (the "Effective Date"), by and among the County of Weld, the Cities of
Brighton, Dacono, and Longmont, and the Towns of Eiie, Fiedeuck, Firestone, Lochbuie and
Mead, all such parties being refereed to collectively herein as the "Agencies "
WITNESSETII:
WHEREAS, the Agencies ale authouzed by the piovisions of Colo Const art XIV, §
18(2)(a) and C R S §§ 29-1-201, et seq , to contract with one another to piovide any function,
service of facility lawfully authorized to each,
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates
certain fedeial funding foi transportation improvements as part of then Transportation
Improvement Program ("TIP"),
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will piovide a certain allocation of finding to local governments within particular
County geographies ("subregional funding") within the DRCOG region,
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subiegional funding to the DRCOG board of dnectois that are consistent
with the policy direction provided by the DRCOG Board of Dnectois and applicable fedeial
tequnements,
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subiegional funding allocation piocess foi the DRCOG TIP and to ensure adequate
tiansportation infrastructuie to meet the needs of the Southwest Weld County area residents
currently and in the future, and
WHEREAS, the Agencies wish to set forth their understanding regarding the manner m
which the transportation planning efforts in southwest Weld County will be coordinated foi the
purpose of submitting pioject Funding request to DRCOG foi consideration, and
WHEREAS, nothing in this Agieement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS:
1. Term. The term of the Agieement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
pioject solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agieement by providing written notice of its intent to do so
at least thirty days Dior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agieement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum/Members. Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, of othei delegate
appointed by the relevant Agency, to seive as a regular member of the Southwest
Weld County Sub -regional TIP Forum ("1 he Forum") as identified in Exhibit A,
such that each Agency shall have one member on The Foium Each Agency
participating on The Foium may also appoint one alternate member to participate on
The Foium in the absence of the appointed regular member
3. Notice of Meetings; Open Meetings. Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address piovided to the
Weld County coordinating representative
4. Weld County Facilitation. Weld County Public Woiks shall be responsible for
coordinating and facilitating The Forum piocess Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Foium Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Boatd of Dnectois,
establishing rules and procedures foi The Foium pioject solicitation and selection
piocess 01 othei activities related to the TIP pioject selection, evaluation and
submission process
6. Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum The Foium will require a
simple majority vote of the quorum foi approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7. Protect Requests for Sub -Regional Funding. Each of the Agencies may submit
applications foi transportation piojects of programs seeking regional oi subregional
funding to The Forum Submissions may include any transportation related project 01
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8. Project Application Process. Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Foium will vote to identify a final portfolio of projects and a funding request foi
submission to DRCOG as the sub -regional recommendation of piojects for the TIP
9. Planning Timeline. The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Tiansportation Commission
10. General Provisions.
a. Integrated Agreement; Amendment. This Agreement contains the entire
agreement of the Agencies ielating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b. Binding Effect; No Third -Party Beneficiaries. This Agieement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim oi right of action
whatsoever by any other person not included in this Agieement It is the express
intention of this Agieement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity. No portion of this Agieement shall be deemed to
constitute a waiver of any immunities the Agencies oi then officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any pet son not a party
to the Agreement
d Severability. In the event a court of competent jurisdiction holds any piovision of
this Agreement invalid oi unenforceable, such holding shall not invalidate or
lender unenforceable any other piovision of this Agieement
e. Counterparts; Electronic Disposition. This Agi eement may be executed m any
number of counterparts, each of which shall be deemed to be an ougmal and all
such counterparts taken together shall be deemed to constitute one and the same
instrument The Agencies acknowledge and agree the otiginal of this Agieement,
including the signature page, may be scanned and stored in a computer database
oi similar device, and that any printout oi other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agieement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Member: Tr +5 f�F br!'4-71(rSIY1
Alternate TIP Forum Member: Ti 60-\ C 6k\ y' C-
WELD COUNTY
ATTEST:
By: (��.
Leah Vanarsdall, Town Clerk
divAdA)
WN OF FIRESTONE
)&
bi Sind ar, Mayor
Steve Moreno, Chair
JUL 0 2 2018
020/8✓ a03
WELD COUNTY
ATTEST:
tat)*
'„k. BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
linensDP/
Deputy C ` rk t • the 1115.
•
teve Moreno, Chair
L CI 2 2f
ge ol8- 2o33 60
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the 2nd
day of Juk, 2018 (the "Effective Date"), by and among the County of Weld, the Cities of
Brighton. Dacono, and Longmont, and the Towns of Erie. Frederick. Firestone, Lochbuie and
Mead, all such parties being referred to collectively herein as the "Agencies."
`%'ITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo. Const. art. XIV, §
18(2)(a) and C.R.S. §§ 29-1-201, el seq., to contract with one another to provide any function,
service or facility lawfully authorized to each:
WHEREAS. the Denver Regional Council of Governments ("DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
Improvement Program ('TIP„);
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region:
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements;
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG "I'IP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future: and
Gov- ao 33
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS.
1. Term. The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of' the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum/Members Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, or other delegate
appointed by the relevant Agency, to serve as a regular member of the Southwest
Weld County Sub -regional TIP Forum ( The Forum') as identified in Exhibit A,
such that each Agency shall have one member on The Forum Each Agency
participating on The Forum may also appoint one alternate member to participate on
The Forum in the absence of the appointed regular member
3 Notice of Meetings, Open Meetings Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4 Weld County Facilitation. Weld County Public Works shall be responsible for
coordinating and facilitating The Forum process Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection evaluation and
submission process
6 Voting Procedures A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7 Proiect Requests for Sub -Regional Funding Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8 Proiect Application Process. Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Forum will vote to identify a final portfolio of projects and a funding request for
submission to DRCOG as the sub -regional recommendation of projects for the TIP
9 Planning Timeline. The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Transportation Commission
10 General Provisions
a Integrated Agreement, Amendment This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein may not be modified or amended except by written agreement of
the Agencies
b Binding Effect, No Third -Party Beneficiaries. This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability. In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement
e. Counterparts, Electronic Disposition. This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
instrument The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Member:
Alternate TIP Forum Member:
ivillei)
lftn-fririrc 1M( (It
TOWN OF LOCHBUIE
By:
Michael Mahoney, Mayor
ATTEST:
Monica Mendoza, Town, Clerk
WELD COUNTY
ATTEST: dads%) v• jaziecA
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
eputy Cl rk t the L ..,',�;�: �;w�_ �'� Steve Moreno, Chair
UL 0 2 ?1Ii
£o/Y-Zu33(1)
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the blaik
day of j\1t12Cft , 2018, (the "Effective Date"), by and among the County of Weld, the
Cities of Brighton, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone,
Lochbuie and Mead, all such parties being referred to collectively herein as the "Agencies."
WITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo. Const. art. XIV, §
18(2)(a) and C.R.S. §§ 29-1-201, et seq., to contract with one another to provide any function,
service or facility lawfully authorized to each;
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates certain
federal funding for transportation improvements as part of their Transportation Improvement
Program ("TIP");
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding"), within the DRCOG region;
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio of
projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements;
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future; and
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS
1 Term The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2 Southwest Weld County TIP Forum/Members Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, or other delegate
appointed by the relevant Agency, to serve as a regular member of the Southwest
Weld County Sub -regional TIP Forum ("The Forum") as identified in Exhibit A,
such that each Agency shall have one member on The Forum Each Agency
participating on The Forum may also appoint one alternate member to participate on
The Forum in the absence of the appointed regular member
3 Notice of Meetings, Open Meetings Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4 Weld County Facilitation Weld County Public Works shall be responsible for
coordinating and facilitating The Forum process Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5 Agency Voting Rights Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6 Voting Procedures A quorum must be present to take a vote A quorum is comprised of
the simple majority of the representatives of The Forum The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7 Project Requests for Sub -Regional Funding Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8 Project Application Process. Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Forum will vote to identify a final portfolio of projects and a funding request for
submission to DRCOG as the sub -regional recommendation of projects for the TIP
9 Planning Timeline The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planmng process timeline and the
CDOT/Transportation Commission
10 General Provisions
a Integrated Agreement, Amendment This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b Binding Effect, No Third -Party Beneficiaries This Agreement shall be binding
upon and shall inure to the benefit of, the Agencies, personal representatives,
successors and assigns It is expressly understood and agreed that the
enforcement of terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c Government Immunity No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d Severability In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement
e Counterparts, Electronic Disposition This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
instrument The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List
Voting TIP Forum Member:
I'M t&JAiZS
Alternate TIP Forum Member: 17 R 1 L l.{ �.EK\ 1A)# 1,b
CITY OF LONGMONT:
t)", b -al
DATE
\s
CITY OF LONGMONT
ATTEST:
\CAS\;so,,
CITY CLERK
APPROVED AS TO FORM:
e-Ayie
ASSISTANT CITY ATTORNEY DATE
PROOFREAD
APPROVED AS TO FORM AND SUBSTANCE:
re -
0_ -)a5%
DATE
3 1 1i
O! I I IN T G DEPARTMENT DATE
APPROVED AS TO INSURANCE PROVISIONS:
RISK MA - AGER
'it� (.5
DA
CA File: 10556
WELD COUNTY
ATTEST:
�rAA1 �+&i. BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
Deputy CI k to h:��� `,;;�. , %�►�� Steve Moreno, Chair
R
UL 021!4
ao/t o33()
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the 26th
day of February., 2018, (the "Effective Date"), by and among the County of Weld, the Cities of
Brighton, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone, Lochbuie and
Mead, all such parties being referred to collectively herein as the "Agencies "
WITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo Const art XIV, §
18(2)(a) and C R S §§ 29-1-201, et seq , to contract with one another to provide any function,
service or facility lawfully authorized to each,
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
Improvement Program ("TIP"),
WHEREAS, DRCOG has modified the TIP funding distribution process, and begimmng
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region,
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements,
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future, and
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in Southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for fundmg that meets eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS:
1. Term. The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days pnor to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum. Each Agency shall appoint its representative to
the DRCOG Board of Directors, a public official, or other delegate appointed by the
relevant Agency, to serve as a regular member of the Southwest Weld County
Subregional TIP Forum ("The Forum") as identified in Exhibit A, such that each
Agency shall have one member on the Forum Each Agency participating on The
Forum may also appoint one alternate member to participate on The Forum in the
absence of the appointed regular member The Forum will vote to identify a final
portfolio of projects and a funding request for submission to DRCOG as the
subregional recommendation of projects for the TIP
3. Notice of Meetings; Open Meetings. Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4. Weld County Facilitation. Weld County shall be responsible for coordinating and
facilitating The Forum process Representatives appointed to The Forum will work
with Weld County on establishing meetings, schedules, preparing meeting matenals,
and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6. Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum. The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7. Project Requests for Subregional Funding. Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
program that is eligible for the applicable fundmg source and consistent with DRCOG
Board policy
8. Project Application Process. Applications shall be submitted to Weld County
Applications shall be consistent with the process approved by The Forum The Forum
will vote to approve the final suite of projects for submission to the DRCOG Board of
Directors
9. Planning Timeline. The submittal, review and priontization of transportation projects
will coincide with the biennial DRCOG TIP planning process timelme and the
CDOT/Transportation Commission
10. General Provisions.
a. Integrated Agreement; Amendment. This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b. Binding Effect; No Third -Party Beneficiaries. This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability. In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
e. Counterparts; Electronic Disposition. This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
instrument. The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing.
TOWN OF MEAD
By:
h. hields, Mayor
ATTEST:
itetiL
Ma ' E.$trutt, CMC, T
EXHIBIT A
SOUTHWEST WELL➢ COUNTY TRANSPORTATION IMPROVEMENT PROGRAM
FORUM
Agency Member List- Town of Mead
Voting TIP Forum Member: Town Manager
Alternate TIP Forum Member: Town Engineer
WELD COUNTY
A RIES 1
z
wit rd
Weld C ount Clerk to the
BY
Deputy CI to the B(
BOARD OF COUNTY CO'\DRISSEONER,
WELD COI. NTY, COLORADO
ye Moreno, Chair
aoi39- 2D35&)
TOWN OF MEAD, COLORADO
RESOLUTION NO. 14-R-2018
A RESOLUTION OF THE TOWN OF MEAD, COLORADO, AUTHORIZING
THE PARTICIPATION IN THE SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM
WHEREAS, the Agencies are authorized by the provisions of Colo Const art XIV, § 18(2)(a)
and C R S §§ 29-1-201, et seq , to contract with one another to provide any function, service or facility
lawfully authorized to each,
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates certam
funding for transportation improvements as part of their Transportation Improvement Program ("TIP"),
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning in 2018
they will provide a certam allocation of funding to County geographies ("subregional funding") withm the
DRCOG region,
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio of
projects to utilize the subregional funding to the DRCOG board of directors that are consistent with the
policy direction provided by the DRCOG Board of Director and applicable federal requirements,
WHEREAS, the coordmated efforts of the Agencies are necessary to implement the subregional
fundmg allocation process for the DRCOG TIP, and
WHEREAS, the Agencies wish to set forth their understanding regarding the manner m which
the transportation planning efforts in Southwest Weld County will be coordinated for the purpose of
submittmg project Fundmg requests to DRCOG for consideration,
NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Mead,
Weld County, Colorado, that
Section 1. The Mayor and Town Clerk are hereby authorized and directed to affix their
signatures to the Southwest Weld County Transportation Improvement Program Forum Agreement, as
evidence of the Town's desire to continue the engagement of the Town in transportation planning efforts
m Southwest Weld County and forward the Agreement to the Board of County Commissioners for
confirmation
Section 2. Designation of Delegates to the Forum. The Town Manager is hereby
appointed as the delegate to the Forum The Town Engineer is hereby appointed as the alternate delegate
to the Forum to serve in the absence of the Town Manager
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption
Section 4. Repealer. All resolutions, or parts thereof, in conflict with this resolution are
hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor
revive any resolution thereby
1d Resolution - Transportation Improvement Program Forum 20150215 2/15/18 (3 06 pm)
Section 5. Certification. The Town Clerk shall certify to the passage of this resolution and
make not less than one copy of the adopted resolution available for inspection by the public dunng
regular business hours
INTRODUCED, READ, PASSED, AND ADOPTED THIS 26th DAY OF February, 2018.
ATTEST:
„.0\A O F �4 ,,, C A®
By Gam% ® , By
Mary E ' tru./CMC, Tov ,dleS Ei AL p_ Gary Shields, Mayor
CDS
---..tea® .'��
O 0
' UNTY, � ���
��i''"n n I I I I; w'
1d Resolution - Transportation Improvement Program Forum 20150215 2/15/18 (3 06 pm)
TOWN OF MEAD
SOUTHWEST WELD COUNTY
TRANSPORTATION IMPROVEMENT PROGRAM FORUM AGREEMENT
INTERGOVERNMENTAL AGREEMENT
AMONG
CITY OF BRIGHTON
CITY OF DACONO
TOWN OF ERIE
TOWN OF FREDERICK
TOWN OF FIRESTONE
TOWN OF LOCHBUIE
CITY OF LONGMONT
TOWN OF MEAD
WELD COUNTY
THIS SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT
PROGRAM FORUM AGREEMENT (the "Agreement") is entered into effective as of the 2nd
day of July, 2018 (the "Effective Date"), by and among the County of Weld, the Cities of
Brighton, Dacono, and Longmont, and the Towns of Erie, Frederick, Firestone, Lochbute and
Mead, all such parties being referred to collectively herein as the "Agencies "
WITNESSETH:
WHEREAS, the Agencies are authorized by the provisions of Colo Const art XIV, §
18(2)(a) and C R S §§ 29-1-201, et seq , to contract with one another to provide any function,
service or facility lawfully authorized to each,
WHEREAS, the Denver Regional Council of Governments ("DRCOG") allocates
certain federal funding for transportation improvements as part of their Transportation
Improvement Program ("TIP"),
WHEREAS, DRCOG has modified the TIP funding distribution process, and beginning
in 2018 they will provide a certain allocation of funding to local governments within particular
County geographies ("subregional funding") within the DRCOG region,
WHEREAS, DRCOG's modified TIP process requires Agencies to propose a portfolio
of projects to utilize the subregional funding to the DRCOG board of directors that are consistent
with the policy direction provided by the DRCOG Board of Directors and applicable federal
requirements,
WHEREAS, the coordinated efforts of the Agencies are necessary to implement the
subregional funding allocation process for the DRCOG TIP and to ensure adequate
transportation infrastructure to meet the needs of the Southwest Weld County area residents
currently and in the future, and
c
EDO Ice - S033(I)
WHEREAS, the Agencies wish to set forth their understanding regarding the manner in
which the transportation planning efforts in southwest Weld County will be coordinated for the
purpose of submitting project Funding request to DRCOG for consideration, and
WHEREAS, nothing in this Agreement shall limit the ability of any Agency to
independently submit project applications for funding that meet eligibility requirements
NOW, THEREFORE, THE AGENCIES HEREBY AGREE TO COOPERATE AS
FOLLOWS:
1. Term. The term of the Agreement shall be from the Effective Date, which shall be the
date of approval of the final signature hereto, through the end of the 2020-2023 TIP
project solicitation process (DRCOG Board Approval of TIP projects) Any Agency
may withdraw from this Agreement by providing written notice of its intent to do so
at least thirty days prior to the termination date as it affects that terminating Agency
only The termination by any one or more Agencies shall not terminate this
Agreement unless and until there is no more than one Agency still bound by its terms
2. Southwest Weld County TIP Forum/Members. Each Agency shall appoint its
representative to the DRCOG Board of Directors, a public official, or other delegate
appointed by the relevant Agency, to serve as a regular member of the Southwest
Weld County Sub -regional TIP Forum ("The Forum") as identified in Exhibit A,
such that each Agency shall have one member on The Forum Each Agency
participating on The Forum may also appoint one alternate member to participate on
The Forum in the absence of the appointed regular member
3. Notice of Meetings; Open Meetings. Meetings of the Forum will be open to the public
and advance notice thereof will be posted in accordance with Weld County policy for
posting public meetings Notice of meetings of The Forum will also be provided at
least one week in advance by electronic mail to all registered Agency members and
alternate members appointed to the Forum at the last e-mail address provided to the
Weld County coordinating representative
4 Weld County Facilitation. Weld County Public Works shall be responsible for
coordinating and facilitating The Forum process Representatives appointed to The
Forum will work with Weld County on establishing meetings, schedules, preparing
meeting materials, and other items necessary to perform the functions of The Forum
5. Agency Voting Rights. Each Agency participating in The Forum is allocated one vote
Forum Board actions may include, but are not limited to, establishment of The Forum
rules, approving project portfolios for submission to the DRCOG Board of Directors,
establishing rules and procedures for The Forum project solicitation and selection
process or other activities related to the TIP project selection, evaluation and
submission process
6. Voting Procedures. A quorum must be present to take a vote A quorum is comprised
of the simple majority of the representatives of The Forum The Forum will require a
simple majority vote of the quorum for approval Non -voting members are allowed
to participate in discussion and provide agency prospective to The Forum
7. Proiect Requests for_ Sub -Regional Funding. Each of the Agencies may submit
applications for transportation projects or programs seeking regional or subregional
funding to The Forum Submissions may include any transportation related project or
programs that are eligible for the applicable funding source and consistent with
DRCOG Board policy
8. Proiect Application Process. Applications shall be submitted to Weld County Public
Works Applications shall be consistent with the process approved by The Forum
The Forum will vote to identify a final portfolio of projects and a funding request for
submission to DRCOG as the sub -regional recommendation of projects for the TIP
9. Planning Timeline. The submittal, review and prioritization of transportation projects
will coincide with the biennial DRCOG TIP planning process timeline and the
CDOT/Transportation Commission
10. General Provisions.
a. Integrated Agreement; Amendment. This Agreement contains the entire
agreement of the Agencies relating to the subject matter hereof and, except as
provided herein, may not be modified or amended except by written agreement of
the Agencies
b. Binding Effect; No Third -Party Beneficiaries. This Agreement shall be
binding upon and shall inure to the benefit of, the Agencies, personal
representatives, successors and assigns It is expressly understood and agreed that
the enforcement of terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Agencies and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement It is the express
intention of this Agreement that any entity other than the Agencies, including any
entity that receives services or benefits as a result of this Agreement, shall be an
incidental beneficiary
c. Government Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Agencies or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party
to the Agreement
d. Severability. In the event a court of competent jurisdiction holds any provision of
this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement
e. Counterparts; Electronic Disposition. This Agreement may be executed in any
number of counterparts, each of which shall be deemed to be an original and all
such counterparts taken together shall be deemed to constitute one and the same
instrument The Agencies acknowledge and agree the original of this Agreement,
including the signature page, may be scanned and stored in a computer database
or similar device, and that any printout or other output readable by sight, the
reproduction of which is shown to accurately reproduce the original of this
Agreement, may be used for any purpose as if it were the original, including proof
of the content of the original writing
EXHIBIT A
SOUTHWEST WELD COUNTY TRANSPORTATION IMPROVEMENT PRGRAM
FORUM
Agency Member List
Voting TIP Forum Member: Barbara Kirkmeyer, Pro -Tern
Alternate TIP Forum Member: Elizabeth Relford, Public Works
WELD COUNTY
ATTEST: data) •Vjeym;eA
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
Deputy C
ktothe
921--c-7
teve Moreno, Chair
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