HomeMy WebLinkAbout24-83 Approving IGA Establishing of Southwest Weld County Subregion Forum Collaborative Trasportation Planning 09-25-2024RESOLUTION NO. 24-83
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF FIRESTONE, THE CITY OF BRIGHTON, THE CITY OF DACONO, THE TOWN
OF ERIE, THE TOWN OF FREDERICK, THE TOWN OF MEAD, THE TOWN OF
LOCHBUIE, THE CITY OF LONGMONT, THE CITY OF THORNTON, AND WELD
COUNTY REGARDING THE ESTABLISHMENT OF THE SOUTHWEST WELD COUNTY
SUBREGION FORUM FOR COLLABORATIVE TRANSPORTATION PLANNING
WHEREAS, local governments are authorized by the provisions of Colo. Const. art. HIV, § 18(2)(a) and §§
29-1-201, et. seq., C.R.S., to enter into contracts with each other for the performance of functions that they are
authorized by law to perform on their own; and
WHEREAS, the Town of Firestone, Colorado ("Town"), the City of Brighton, the City of Dacono, the Town
of Erie, the Town of Frederick, the Town of Mead, the Town of Lochbrue, the it of Longniont, the City of Thornton,
and Weld County (each entity an "Agency" and together, the "Agencies") wish to set forth their understanding of how
regional transportation planning efforts will be coordinate; and
WHEREAS, the Agencies desire, to enter into an intergovernmental agreement ("IGA") to establish the
Southwest Weld County Subregion Forran ("Forum") for the purposes of submitting project funding requests to the
Colorado Department of Transportation ("CDOT") and the Denver Regional Council of Governments ("DRCOG")
for consideration in their respective Capital Improvement Plans; and
WHEREAS, the IGA authorizes each Agency to appoint a Forum representative to serve as a regular mernber
of the Forum ("Appointee") and designate one alternate to participate in the Forum in the absence of the Appointee
("Alternate"); and
WHEREAS, the Board of Trustees wishes to delegate the responsibility for making these appointments to the
Forum to the Town Manager; and
WHEREAS, the Board of Trustees finds that it is in the best interests of the public health, safety, and welfare
to enter into the IGA subject to the terms and conditions set forth therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
The Board of Trustees hereby: (a) approves the IGA in substantially the form attached hereto as Exhibit'A; (b)
authorizes the Mayor to execute the IGA on behalf of the Town when in final form; and (c) delegates to the Town
Manager the authority and responsibility for designating the Town's Appointee and the Town*s Alternate.
C7
INTRODUCED, READ AND ADOPTED this 25 1h day of September, 2024,
ATT ST:
na Gonzalez, Town Clerk
TOWN OF F T COLORADO
0 DOn Conylte,4--J ayor
SOUTHWEST WELD COUNTY SUBREGION FORUM COLLABORATIVE TRANSPORTATION
PLANNING INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF BRIGHTON, THE
CITY OF DACONO, THE TOWN OF ERIE, THE TOWN OF FREDERICK, THE TOWN OF
FIRESTONE, THE TOWN OF LOCHBUIE, THE CITY OF LONGMONT, THE TOWN OF MEAD,
THE CITY OF THORNTON, AND WELD COUNTY
THIS SOUTHWEST WELD COUNTY SUBREGION FORUM COLLABORATIVE
TRANSPORTATION PLANNING AGREEMENT ("Agreement") is entered into effective as of the -1*day
of 0 ckbbf-v , 202A, by and among the City of Brighton, the City of Dacono, the Town of Erie,
the Town of Frederick, the Town of Firestone, the Town of Lochbuie, the City of Longmont, the Town of
Mead, the City of Thornton, and Weld County, all of said patties 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 §§ 29-1-201, et. serf., C.R.S., to enter into contracts with each other for the performance of functions
that they are authorized by law to perform on their own; and
WHEREAS, the Agencies wish to set forth their understanding of how the transportation planning
efforts in Southwest Weld County will be coordinated for purposes of submitting project funding requests
to the Colorado Department of Transportation ("CDOT") and the Denver Regional Council of Governments
("DRCOG") for consideration in their respective Capital Improvement Plans; and
WHEREAS, in 2018 DRCOG modified the Transportation Improvement Program ("TIP")
submittal process from a centralized Regional Model where all TIP funding applications were submitted
directly to DRCOG, to a new Dual Model that comprises both a Regional Funding process and a
Subregional Funding process; and
WHEREAS, the Subregional Funding process component of the Dual Model is comprised of
subregions that are defined as the geographical boundaries of counties and include the incorporated Towns,
Cities and unincorporated county areas located within a county and Weld County's subregion shall be
referenced as the "Southwest Weld County Subregion"; and
WHEREAS, the participating agencies within each subregion will collaborate and submit projects
as a subregion to compete directly with other subregions for CDOT and DRCOG Regional Funding, as well
as develop a list of recommended projects to use the Subregional Funding; and
WHEREAS, the Agencies agree to coordinate, collaborate, and advocate for other grant funding
opportunities to support multimodal transportation projects that will benefit the Forum, as such term is
defined below; and
WHEREAS, the Agencies wish to enter into this Agreement to coordinate current and future
transportation planning within Southwest Weld County.
NOW, THEREFORE, THE AGENCIES AGREE TO COOPERATE AS FOLLOWS:
1. The Southwest Weld County Subregion Forum Project Priority Programming Process ("4P
County Hearing Process") for Multimodal Projects. The Appointees of the Agencies, as
defined below, will use good faith efforts to collaborate in identifying priority corridors and in the
development of a prioritized countywide list for interstate/state highway system, rail, transit,
bicycle, pedestrian, and Transportation Demand Management (TDM) projects. These priority
corridors and list will be presented by the Forum (as such term is defined below) to CDOT and
DRCOG for funding consideration during the 4P County Hearing Process and during cyclical
updates to CDOT's 10-year Plan, State Transportation Improvement Plan (STIP), RTD's Strategic
Plan, and DRCOG's Transportation Improvement Plan (TIP), as applicable.
2. Establishment of the Southwest Weld County Subregion Forum to specifically participate in
the DRCOG Dual Model Process.
A. Establishment of the Forum. There is hereby established by the Agencies the Southwest Weld
County Subregional Forum ("Forum"), which is authorized to operate in accordance with this
Agreement and take the actions authorized in subsection (E) of this Section 2.
B. Representation on the Forum. The Agencies shall each appoint a Forum representative, that
representative being a public official or other delegate, to serve as a regular member of the
Forum ("Appointee"). The Agencies each may designate one (1) alternate to participate in the
Forum in the absence of the Appointee ("Alternate").
C. Establishing a Chair and Vice -Chair. The Appointees and/or Alternates (as determined by
individual Agencies) identified to participate in the Forum will meet and vote to elect a Chair
and Vice -Chair for the Forum. The Chair, or their designee, will be responsible for:
establishing Forum agendas; chairing meetings; coordinating with staff support, as provided in
Section 3, to establish meeting locations and prepare agenda packets; and coordinating the
presentation of the Forum's recommended portfolio of projects to the DRCOG Board of
Directors.
D. Voting Procedures. A quorum of the Forum must be present to take a vote, The quorum shall
be comprised of the simple majority of the Appointees (or Alternates in the absence of an
Appointee) (which number shall be six (6) assuming all Agencies execute this Agreement). All
Forum actions shall be made by motion duly seconded and approved by a majority of the
quorum present. Each Agency shall have one vote. Jurisdiction(s) that do not sign this
Agreement shall be considered a "Non -Voting Member(s)" without any authority to vote on
Forum matters as set forth in subsection (F) of this Section 2.
E. Forum Actions.. The Forum's actions may include but arc not limited to: establishment of the
Forum rules; approving project submittals for Regional Funding; developing a recommended
portfolio of projects for Subregional funding; adhering to established rules and procedures set
forth by the DRCOG Board; developing and approving any additional rules, procedures,
policies, or other activities related to the TIP project selection and evaluation process.
Non -Voting Members. In addition to the Agencies, all DRCOG members and governmental
entities with corporate limits wholly or partially within the Southwest Weld County
Subregional boundary shall be invited to participate in discussion and provide perspective to
the Forum, as well as submit projects for Subregional funding, asNon-Voting Members. This
includes all non -signatory jurisdictions to this Agreement, CDOT, transportation management
organizations, as well as other entities and agencies that are eligible for the direct receipt of
federal TIP funding.
G. Proiect Requests for DRCOG Funding.. The Agencies agree to submit all DRCOG funding
applications for the Southwest Weld County Subregion transportation projects or programs
seeking Regional or Subregional funding through the Forum. Submissions may include any
transportation related project or program eligible per the DRCOG Board's TIP Policy. The
Forum will cooperate and work diligently and in good faith to create a recommended list of
projects for submission to DRCOG for each TIP cycle. The Forum shall ensure that all regional
and subregional projects submitted to DRCOG comply with all grant requirements, such as, but
not limited to, DRCOG adopted TIP policy and criteria; any supplemental Forum policies and
/or criteria; presence in the adopted Metro Vision.Fiscally-Constrained Region
Transportation Plan; local match requirements; and, that any project or program that is under
the respective jurisdiction of either CDOT and/or RTD are supported by said Agencies.
N. Criteria and DRCOG Assistance. DRCOG will establish overall criteria regarding project and
program eligibility and evaluation of submitted projects. The Forum may choose to establish
additional policy and criteria consistent with applicable Federal law and regulations. The
Forum or Forum Subcommittee, which is described in Section 3, may request assistance or
information, including but not limited to, air quality information and vehicle traffic projections
from DRCOG staff. Once the criteria have been approved by DRCOG staff, the Forum will be
responsible for reviewing DRCOG staff rankings in order to discuss project applications and
recommend project rankings so the Forum recommendations can be forwarded to the DRCOG
Board.
I. Oven Meetings; Notice and Agenda Packets for Meetings. All meetings of the Forum and any
Forum Subcommittee meetings, specifically pertaining to the DRCOG Dual TIP Model
process, shall be open to the public with reasonable time allotted for public comment Notice
of meetings and associated materials shall be posted at least two days prior to the Forum
meeting in accordance with DRCOG requirements.
3. Establishment of Forum Subcommittee(s). The Forum agrees to create Forum Subcommittee(s),
as needed, when additional technical staff support is required to facilitate the Forum in their
decision -making process. Each Forum Subcommittee will consist of one (1) staff representative
from each Agency, as designated by each Agency, Forum Subcommittee(s) shall be responsible for
gathering data to assist with project information and recommendations, all which will be subject to
review and final approval by the Forum.
4. Staff Support. Weld County staff shall be responsible for coordinating with Agencies and
facilitating the Southwest Weld County Subregion Forum meetings by taking meeting minutes,
developing agenda packets, and ensuring posting requirements are adhered to in conjunction with
DRCOG policies.
S. Planning Timeline. The Agencies project review and prioritization shall be coordinated with the
DRCOG TIP planning process timeline and the CDOT/Transportation Commission planning
timeline for the 4P County Hearing process and STIP programming.
6. Benefits Inure to Agencies Only. 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 undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other pet -son not included as a patty to this
Agreement. It is the express intention of this Agreement that any entity, other than the Agencies
that are parties to this Agreement, that receives services or benefits as a result of this Agreement
shall be an incidental beneficiary only, including but not limited to Non -Voting Members as defined
above.
7. 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.
8. Termination of Agreement. This Agreement shall remain in effect until terminated by majority
vote of the Agencies. Any Agency may withdraw from this Agreement by providing written notice
to the Forum Chair of its intent to withdraw at least ninety (90) days prior to its intended date of
withdrawal. The notice of intent to withdraw shall be by formal action of the governing body
requesting withdrawal, such as a duly approved resolution. Any Agency that withdraws from the
Agreement will be considered as a "Non -Voting Member" upon such withdrawal.
9. Counterparts. 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.
By signing this Agreement, the Agencies acknowledge and represent to one another that all procedures
necessary to validly contract and execute this said Amendment have been performed, and that the persons
signing for each Agency have been duly authorized by such Agency to do so.
ATTEST:
Weld County Clerk to the Board
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APPROVED AS TO FORM:
02540417-1 lvo�
County Attorney
OF COUNTY COMMISSIONERS
Ross, Chair OCT 0 7
120Z(4 -'Z(L'50
DocuSign Envelope ID: 05E0C776-D60044E9-887C-F99EE1 EDCAI B
CITY OF BRIGHTON
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0"uSigned by:
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' Gregory Mills, Mayor
ATTEST:
�OxuSigned by,
FfiAFMCD 784SI
City Clerk
6/25/2024
Date
APPROVED AS TO FORM:
FDocuSigned by:
tk&Ad tawsCF-5007401762487
City Attomey's Office
CITY OF DACONO
(A&14 A64W Mayor ate
ATTE T4 APPROVED AS TO FORM:
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City - �el i City Attorney's 0 Tice
TOWN OF ERIE
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ATTEST:
Town Clerk
Date
TOWN OF FREDERICK
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ATTEST:
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APPROVED AS TO FORM:
n Attorney0
TOWN OF FIRESTONE I
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ATTEST: APPROVED AS TO FORM: St it k 4k
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TOWN OF LOCHBUIE
12-14
( }, Mayor D to
ATTEST: APPROVED AS TO FORM:
AAA 1 a 6d� —�v
Town Clerk Town At orn 's Office
11
TO N OF AD
Colleen G. Whitlow, Mayor Date
ATTEST:
To-,vKCIerk9
12
APPROVED AS TO FORM:
own Attorney's Office
DocuSign Envelope ID: 8FAECEA3-3B55-4953-BADF-C3E9B3340434
CITY OF THORNTON
DocuSigned by:
" S. Qwjj
'Ke-ViW"S"W8b9J9','City Manager
ATTEST:
F Oocuftned by:
*,et,r—';
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Kristen N. Rosenbaum, City Clerk
1/25/2024
Date
APPROVED AS TO FORM:
DOCUSIgned by:
Tami Ye llico,fty Attorney
IN
C.D. No. 2024-015
CITY OF LONGMONT-.
MAYOR
ATTEST:
4,A, �o
CITY CLERK
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
Ccamlot4a
PROOFREAD
APPROVED AS TO FORM AND SUBSTANCE:
P/ Q �/,- �
ORIGINATING DEPARTMENT
CA File: 23-002685
14
01/10/2024
DATE
01/05/2024
DATE
01/05/2024
DATE
01/05/2024
DATE
Southwest Weld County Collaborative Agreement with Multiple Agencies for Transportation PI—iingjrNAL.122,523