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HomeMy WebLinkAbout2026 - RESO 30 - Clear Creek CollaborativeINTERGOVERNMENTAL AGREEMENT ESTABLISHING THE CLEAR CREEK TRAIL COLLABORATIVE THIS INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE CLEAR CREEK TRAIL COLLABORATIVE (this “Agreement”) is entered into as of the 22nd day of June, 2026 (the “Effective Date”), by and among Adams County, Clear Creek County, Jefferson County, City of Wheat Ridge, City of Golden, City and County of Denver, City of Arvada, City of Idaho Springs, Town of Georgetown, Town of Silver Plume, Apex Park and Recreation District, Prospect Recreation and Park District, Mile High Flood District, Colorado Parks and Wildlife, and the Colorado Department of Transportation; (each a “Member”, collectively the “Members”). RECITALS A.In 2012 and 2014, Jefferson County Open Space convened regional agencies (“Regional Agencies”) to discuss pressing conservation issues, as well as demonstrate commitment to ongoing regional collaboration. During these events, the Regional Agencies identified and supported the efforts to connect segments of the 65-mile Clear Creek Trail. B.In 2016, as part of the “Colorado the Beautiful” initiative, then-Colorado Governor John Hickenlooper designated the Clear Creek Trail as one of the sixteen critical trails in the State. According to the Colorado Trails Plan, “the aim of the effort was to generate a more focused, more coordinated discussion to support trails and recreation in Colorado.” C.In 2021, the Regional Agencies convened again and recognized the need for developing different strategic approaches for connecting and enhancing the segments of the Clear Creek Trail due to the various contexts of each segment. To address this, the Regional Agencies divided the Clear Creek Trail into three geographic segments: the Mountain Segment, Canyon Segment, and Plains Segment. As shown in Exhibit A, the Mountain Segment extends from Loveland Pass east to the junction of US-6 and I-70; the Canyon Segment extends from the junction of US-6 and I-70 to the junction of US-6 and CO-93; and the Plains Segment extends from the junction of US-6 and CO-93 to the South Platte River. D.The Regional Agencies decided to pursue developing a strategic plan for the Plains Segment of the Clear Creek Trail first. Plains Segment agencies of the Clear Creek Trail (Adams County, City of Arvada, Apex Park and Recreation District, City and County of Denver, City of Golden, Jefferson County Open Space, Mile High Flood District, Prospect Recreation and Park District, City of Wheat Ridge, Colorado Department of Transportation, and Colorado Parks and Wildlife) developed a working group to accomplish this. Each agency contributed an agreed upon sum of money pro rata towards developing a strategic plan for the Plains Segment of the Clear Creek Trail. E.In 2023, the Plains Segment agencies of the Clear Creek Trail adopted the Plains Segment Strategic Plan (“Strategic Plan”) for the Plains Segment of the Clear Creek Trail that identified strategies for moving forward as a group to achieve priority projects along the Plains Segment of the trail. Page 1 of 24 Page 2 of 24 F.In 2024, the Regional Agencies agreed to call the trail the “Clear Creek Trail.” This name met the Regional Agencies’ interests of clarity and local recognition with the Clear Creek as a defining trail feature. All agencies agreed that a branding and wayfinding plan was necessary for signing and marketing the Clear Creek Trail as a trail of regional significance. G.As of 2024, the Plains Segment of the Clear Creek Trail is largely built, though with various materials and standards. Multiple segments of the trail have been built through the Canyon Segment in Clear Creek and Jefferson Counties. Within the Mountain Segment, the 4-mile stretch of trail through the City of Idaho Springs has been completed and several miles are being rebuilt as part of the I-70 Floyd Hill project between I-70 Exit 243 and Exit 244. Existing trail also exists in the Town of Georgetown and Town of Silver Plume. Further funding and build-out for the remaining sections of trail in the Mountain Segment is still being identified. H.The purpose of this Agreement is to hold Members accountable to the name “Clear Creek Trail”; to commit to working together to achieve a common vision for the Clear Creek Trail corridor; and to elevate the importance of the Clear Creek Trail at both a regional and local level. I.The Members have determined that the most effective way to continue pursuit of such goals and objectives is to create a Clear Creek Trail Collaborative (“Collaborative”). Through its membership, the Collaborative acts as a forum for Members to support each other in accomplishing their projects along the Clear Creek Trail corridor. J.The Members have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Colorado Revised Statutes (“CRS”) Section 29-1-203, to cooperate or contract with each other to jointly achieve the goals outlined in this Agreement and to establish the Clear Creek Trail Collaborative. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, incorporated as part of this Agreement by reference, and the mutual promises and benefits of this Agreement, the Members hereby covenant and agree as follows with respect to the formation and operation of the Clear Creek Trail Collaborative. ARTICLE I PURPOSE 1.Establishment of the Clear Creek Trail Collaborative. The Members hereby create and establish a collaborative known as the “Clear Creek Trail Collaborative” or “Collaborative” to carry out the provisions of this Agreement and to advance the purposes and goals of the Clear Creek Trail Collaborative as set forth herein. The Members shall further be recognized as either a Trail Managing Agency or an Advisory Agency as set forth below: Trail Managing Agencies: 1. Adams County Page 3 of 24 2. City of Wheat Ridge 3.City of Golden 4. Jefferson County 5.Clear Creek County 6. City of Idaho Springs 7. Town of Georgetown 8. Town of Silver Plume Advisory Agencies: 9. City & County of Denver 10.City of Arvada 11.Apex Park and Recreation District 12.Prospect Recreation and Park District 13.Mile High Flood District 14. Colorado Department of Transportation 15. Colorado Parks and Wildlife Trail Managing Agencies are defined as agencies that currently manage built sections of the Clear Creek Trail. Advisory Agencies are defined as agencies that manage trails, land, and/or waterways that intersect with the Clear Creek Trail. Trail Managing Agencies may request to participate in the Collaborative as an Advisory Agency or delegate their representation to another entity within the Collaborative. Only Trail Managing Agencies are voting members in the Collaborative. 2.Purpose. The purpose of the Clear Creek Trail Collaborative is to provide a forum for agencies to facilitate a regional, coordinated approach to achieving common goals related to the Clear Creek Trail corridor, including: •Facilitating (which may include, but does not require funding) needed improvements to the trail or creek corridor. •Developing and implementing a unified, corridor-wide branding and wayfinding system that designates the trail name as “Clear Creek Trail”. •Providing a high-quality visitor experience by working towards congruity in quality of trail construction, maintenance, management regulations, and public information sharing. •Identifying and addressing gaps in the trail corridor and encouraging local connectivity to the Clear Creek Trail to provide safe and equitable access for all populations. •Identifying priority projects along the corridor that support the goals of the Collaborative and the Plains Strategic Plan. •Activating an exceptional trail through collaboration with Collaborative Members and other external agencies. Page 4 of 24 The approach to achieve these goals may be flexible to address the diverse contexts of the three different trail segments (Mountains, Canyon, Plains) but the overarching goal of participation to jointly and cooperatively coordinate and accomplish projects related to the Clear Creek Trail corridor remains the same despite context differences. 3.Benefits. The Members recognize that the Collaborative provides benefits to participating Members in the form of being a part of a collective effort and network of allied professionals. The benefits that the Collaborative provide include sharing information and knowledge to accomplish both individual and cooperative projects, building trust between organizations, and providing support for jurisdictional funding requests and grant applications. 4.Powers. The Members acknowledge and agree that the Collaborative is not a separate legal entity and does not have any authority to act separate from its Members. Members retain their respective existing legal, regulatory and land use discretion and authority; the Collaborative’s recommendations or decisions will not impede a Member’s authority to operate, manage, construct, maintain, and repair its public infrastructure improvements within its jurisdiction. Article II Membership 1.Membership. The initial membership of the Clear Creek Trail Collaborative shall consist of the Members as defined above, and such other Members as may join the Collaborative if the criteria below are met. 2.Additional Members. Additional counties, cities, towns, agencies, or organizations may be allowed to join the Collaborative as a Member upon: a) demonstrating their connection to the Clear Creek Trail by meeting the criteria listed below, and b) approval by majority vote by all Collaborative Members. Criteria includes: A.The organization has a relationship with the Clear Creek Trail corridor. B.The organization is a governmental agency or a 501(c)(3) non-profit. C.The organization’s mission and values align with the goals of the Clear Creek Trail Collaborative. D.The organization has been, is currently, or will be impacted by projects or programs implemented by the Clear Creek Trail Collaborative. In the event an Additional Member joins the Collaborative as outlined above, the Members shall execute an amendment to this Agreement acknowledging the addition of the Additional Member and specifying the rights, powers, duties, and obligations of the Additional Member. Page 5 of 24 3.Additional Community Participants. Other parties, who will be called “Community Participants,” shall be permitted to attend Clear Creek Trail Collaborative meetings. Community Participants are not Members of the Collaborative and shall have no voting rights. As such, Community Participants are not required to demonstrate their connection to the Clear Creek Trail. Community Participants may include non-profit organizations, for-profit businesses, other community organizations, homeowners’ associations, and/or interested individuals that desire to attend Collaborative meetings. Community Participants may be invited to provide feedback, make presentations, and/or share information with the Collaborative from time to time. 4.Member Expectations. Members are expected to attend Collaborative meetings to the best of their ability and contribute to Collaborative discussions. If Members are not able to attend Collaborative meetings, Members are expected to communicate their absence to the Collaborative and send a substitute Member in their place. Members (and their substitutes, if applicable) are expected to answer questions or seek answers to questions in a timely manner. Members are expected to understand that the Collaborative is a regional effort and commit to working together to advance the goals of the Collaborative. 5.Withdrawal. Any Member may withdraw from the Clear Creek Trail Collaborative by giving six (6) months’ written notice to the Board of the Collaborative of its intent to withdraw. A withdrawing Member shall have no obligation, financial or otherwise, to the Collaborative following the effective date of its withdrawal, except as otherwise provided herein and except that if such withdrawing Member is bound by any ongoing obligation in its capacity as a Member of the Collaborative that cannot be completed without the significant involvement of the withdrawing Member by the effective date of withdrawal, such withdrawing Member shall be bound by the terms of that obligation and shall provide therefore until such obligation has been discharged as determined by a majority of the Members. A withdrawing Member acknowledges and agrees it may still be required to review and respond to corridor-wide projects, policies, or procedures regardless of the status of its membership in the Collaborative. 6.Defaulting Member. Should any Member of the Collaborative fail to participate as a Member of the Collaborative or fail to comply with the terms of this Agreement, such failure shall be deemed a default and the remaining Members in good standing may exercise their rights to seek enforcement of the Agreement. Article III Governance Structure 2.Collaborative Governing Body. The Collaborative includes the Trail Managing Agencies and the Advisory Agencies but not Community Participants and shall be governed by a board (“Board”) that is comprised of the Trail Managing Agencies. 3.Board Representatives. Board positions shall be tied to the Board Member, not an individual, though each Board Member must identify an appointed staff person who will act as its participating Board Member. If necessary, a Board Member may appoint a Page 6 of 24 substitute to represent its Board Member at any Collaborative meeting and that substitute Board Member may participate as a full Board Member at any meeting at which they attend. 4.Roles and Responsibilities. The Board is the primary decision-making body for agenda setting and administration of the Collaborative; it approves agreements and membership requirements; sets agendas and action plans; establishes sub-committees where applicable; and facilitates Collaborative meetings and the decision-making process. All Members of the Collaborative are encouraged to contribute input, advice, recommendations, and/or agenda topics at Collaborative meeting with the goal of discussing, deliberating, and to the extent possible, work to come to consensus regarding specific action items. 5.Decision-Making. The Board is responsible for making decisions on behalf of the Collaborative. Any topics that require a vote shall be communicated to the Collaborative at least two (2) weeks before the Collaborative meeting. Final decisions (“Decision”) of the Collaborative shall be determined by vote of all Board Members (one vote per Board Member). Board Members who are unable to attend a meeting may vote by email. The Board shall strive for consensus on all Decisions. Consensus in this context is defined as an agreement that Board Members can support or abide by and to which they do not formally object. Should the Board fail to come to a consensus on a Decision, the Decision shall not be adopted. 6.Pay and Expenses. The Members of the Board shall not receive compensation from the Collaborative for their services. Each Member is responsible for its own costs and expenses incurred in participating under this Agreement. 7.Sub-Committees. The Collaborative has already established the Branding Sub-Committee to facilitate the development of a cohesive branding and wayfinding plan for the full corridor of the Clear Creek Trail. Other sub-committees may be established by consensus vote of the Board. Sub-committees shall be solely advisory to the Board unless a specific delegation of decision-making authority is granted to the sub-committee by the Board. The composition of sub-committees shall be at the discretion of the Board and may include both representatives of the Members and others who may have subject matter expertise that would be helpful to the Collaborative. 8.Subsequent Agreements and Plans. The Members agree that any specific plans, programs, and services agreed upon by the Members to achieve the objectives of the Agreement will be executed or implemented in accordance with this Agreement subject to the Members’ respective appropriation, discretion, and authority to implement a plan, program, or service in its jurisdiction. The Members acknowledge that other agreements or documents may be needed to further authorize and implement these plans, programs, and services within a particular jurisdiction. Article IV Meetings Page 7 of 24 1.Schedule. The Collaborative shall meet quarterly (“Collaborative Meetings”). The Collaborative Meetings shall be hosted and facilitated by the Members on a rotating schedule and may be in person or electronic at the discretion of the Members. One Collaborative Meeting per year will be dedicated to planning strategy and direction for the next year of the Collaborative. The Board shall also have separate meetings (“Board Meetings”) at a minimum of once per quarter. The purpose of these Board Meetings is primarily to plan quarterly Collaborative Meetings and address any priority projects or needs. 2.Attendance. Members are encouraged to attend all Collaborative Meetings. If a Member is unable to attend a meeting, that Member is expected to communicate their absence to the Collaborative and appoint a substitute to represent their agency. The substitute Member may participate as a full member at any meeting at which they attend. 3.Sub-Committee Meetings. Sub-committees may meet at separate and independent times of the Collaborative. Sub-committee meetings may be in person or electronic, at the discretion of the participants. Article V Projects 1.Project Planning. Trail Managing Agencies are encouraged to develop plans for accomplishing projects along the portions of the Clear Creek Trail within their respective jurisdiction and share those plans with the Collaborative to highlight potential coordination or collaboration opportunities. Projects include routine maintenance/repair projects, capital projects, special projects, planning efforts, programs, services, or other projects that impact the Clear Creek Trail. 2.Routine Maintenance/Repair Projects. Trail Managing Agencies shall each be responsible for routine maintenance and routine repair of the portions of the Clear Creek Trail within their respective jurisdictions, subject to that Members’ appropriation, authority, and discretion. Trail Managing Agencies shall ensure that any work completed on or along the trail is consistent with the maintenance standards and procedures to be developed by the Members. These standards and procedures may allow for flexibility to address the diverse contexts and budgets of the three different trail segments (Mountains, Canyon, Plains). 3.Capital Projects. Trail Managing Agencies shall each be responsible for capital projects of the portions of the Clear Creek Trail within their respective jurisdictions subject to that Members’ appropriation, authority, and discretion. 4.Member Collaboration. Members are encouraged, but not required, to contribute to other Members’ individual agency projects in the form of financial contributions, in-kind contributions, letters of support, communication materials, or other means. Members are also able to enter into separate agreements without the approval of the Clear Creek Trail Collaborative. Page 8 of 24 5.Grants. Members are encouraged to pursue grants for projects that benefit the portions of the Clear Creek Trail within their respective jurisdictions. The applying Member shall be responsible for all grant requirements, including writing the grant application, supplying the monetary match (if applicable), and managing the grant if awarded. All non-applying Members are encouraged to support the applying Member’s grant application, including submitting letters of support. 6.Cost-Sharing. For projects that apply to the full corridor of the Clear Creek Trail or to all Members along the corridor, Members may contribute an amount to be determined on a case-by-case basis under a separate agreement, subject to the Members’ respective appropriation, authority, and discretion. A determination on whether to enter into a separate agreement for projects that apply to the full corridor of the Clear Creek Trail or to all Members along the corridor shall be made upon a consensus vote of all Members. . Article VI Miscellaneous 1.Term. This Agreement shall commence on the date of its full execution by the Members and shall be reviewed at a minimum of every five (5) years from its Effective Date. 2.Amendment. The Members agree that any Member may propose amendments to this Agreement. Such amendments shall be reviewed through the Collaborative’s decision- making process, as outlined herein, and shall not be effective unless authorized through a written amendment to this Agreement executed by all Members. 3.Termination. The Agreement may be terminated by approval of a majority vote of the Members to the Agreement and written confirmation from Board Members upon six (6) months’ prior written notice to all Members of the Agreement; provided, however, that this Agreement may not be terminated so long as the Collaborative has outstanding obligations, financial or otherwise, unless provision for full payment or performance of such obligations has been made pursuant to the terms thereof. 4.Appropriation of Funds. This agreement does not create a multi-year fiscal obligation or a duty for Members to appropriate funds. All financial obligations are subject to annual appropriation. Any Members’ payment obligation, whether direct or contingent, extends only to the funds appropriated by the Members’ respective governing and approving body for the purpose of the Agreement. A Member does not by this Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. The Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of any Member. 5.Third Party Liability, Governmental Immunity. Per Colorado Revised Statutes (CRS) Section 24-10-101, each governmental entity who is a Member in this Agreement is responsible for its own negligent acts and omissions and shall be responsible for claims brought by third parties occurring on those portions of the trail lying within their respective jurisdictions without recourse or reimbursement from any other Member. Each Page 9 of 24 governmental entity who is a Member in this Agreement shall not be deemed to have waived privileges and immunities available to governmental entities under the provisions of CRS 24-10-101. 6.Severability. The provisions of this Agreement are severable. If a provision or any part of this Agreement or the application thereof to any person, entity, or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this Agreement, and in such event this Agreement shall be construed in all respects as if such invalid provision were omitted. 7.Binding Agreement. The provisions of this Agreement shall bind and inure to the benefit of each Member and its respective successors and permitted assigns, if any. 8.Headings. The headings provided throughout this Agreement are for convenience and reference only and in no way define, limit, or add to the meaning of any provision hereof. 9.Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The Members agree to allow the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. 10.Authority to Enter Agreement. The signatures of those representatives of the Members below affirm that they are authorized to enter into and execute this Agreement and that all necessary actions, notices, meetings, and/or hearings pursuant to any law required to authorize the execution of this Agreement have been made. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the dates noted on the signature pages. [Remainder of page intentionally left blank. Signature pages to follow.] Page 10 of 24 JEFFERSON COUNTY, COLORADO Joe Kerby County Manager Date: Approved as to form: ___________________________________ Anthony C. Chambers Assistant County Attorney Page 11 of 24 ADAMS COUNTY, COLORADO ____________________________________ Name: Title: Date: Page 12 of 24 CLEAR CREEK COUNTY, COLORADO ____________________________________ Name: Title: Date: Page 13 of 24 City of WHEAT RIDGE, COLORADO ____________________________________ Name:Korey Stites Title: Mayor Date: June 24, 2026 Page 14 of 24 City of GOLDEN, COLORADO ____________________________________ Name: Title: Date: Page 15 of 24 City of IDAHO SPRINGS, COLORADO ____________________________________ Name: Title: Date: Page 16 of 24 Town of GEORGETOWN, COLORADO ____________________________________ Name: Title: Date: Page 17 of 24 Town of SILVER PLUME, COLORADO ____________________________________ Name: Title: Date: Page 18 of 24 CITY & COUNTY OF DENVER, COLORADO _________________________________________ Name: Title: Date: Page 19 of 24 City of ARVADA, COLORADO ____________________________________ Name: Title: Date: Page 20 of 24 COLORADO DEPARTMENT OF TRANSPORTATION ________________________________________________ Name: Title: Date: Page 21 of 24 MILE HIGH FLOOD DISTRICT ____________________________________ Name: Title: Date: Page 22 of 24 COLORADO PARKS & WILDLIFE ____________________________________ Name: Title: Date: Page 23 of 24 APEX PARK & RECREATION DISTRICT ______________________________________ Name: Title: Date: Page 24 of 24 PROSPECT RECREATION & PARK DISTRICT ___________________________________________ Name: Title: Date: