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1. PARTIES
<br />THIS MASTER INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and
<br />between the City of Louisville (hereinafter called the "Local Agency"), and the STATE OF
<br />COLORADO acting by and through the Department of Transportation (hereinafter called the
<br />"State" or "CDOT").
<br />2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
<br />This Agreement shall not be effective or enforceable until it is approved and signed by the
<br />Colorado State Controller or their designee (hereinafter called the "Effective Date"). Except as
<br />provided in §8.F, the State shall not be liable to pay or reimburse the Local Agency for any
<br />performance hereunder, including, but not limited to costs or expenses incurred, or be bound by
<br />any provision hereof prior to the Effective Date.
<br />3. RECITALS
<br />A. Authority, Appropriation, And Approval
<br />Authority exists in the law and funds have been budgeted, appropriated and otherwise made
<br />available and a sufficient unencumbered balance thereof remains available for payment and the
<br />required approval, clearance and coordination have been accomplished from and with
<br />appropriate agencies.
<br />i. Federal Authority
<br />The President of the United States declared certain Colorado couties as disaster areas and
<br />available for federal assistance and engaging the federal assistance program and
<br />procedures (dated September 12, 2013), and as was amended by the Federal Emergency
<br />Management Administration on September 14, 15, and 24,2013 and October 1 and 15, 2013
<br />and as may be amended in the future (collectively, the "Presidential Declaration"). Also,
<br />pursuant to the Emergency Relief Program for Federal -Aid Highways under 23 CFR 668.20,
<br />23 CFR 668.205 (a) and Title 23, United States Code, Sections 120 and 125, or FEMA
<br />emergency procedures under44 CFR 9,10,13,14 and 206, as amended, and the Stafford
<br />Act, as amended, and Moving Ahead for Progress in the 21 st Century Act (MAP 21), as
<br />amended, (collectively, the "Federal Provisions"), federal funds have been allocated for
<br />transportation projects requested by the State and the Local Agency.
<br />ii. State Authority
<br />The Colorado Governor declared distaster emergency due to flooding in certain Colorado
<br />counties pursuant to Executive Order D 2013-026 (dated September 13, 2013), and as
<br />amended by Executive Orders D 2013-027 (dated September 19, 2013), D 2013-028 (dated
<br />September 26, 2013), and C 2013-030 (dated October 8, 2013), and as may be amended in
<br />the future (collectively, the "Governor's Order"). Also, pursuant to CRS §43-1-223 and to
<br />applicable portions of the Federal Provisions, the State is responsible for the general
<br />administration and supervision of performance of projects in the Program, including the
<br />administration of federal funds for a Program project performed by a Local Agency under a
<br />contract with the State. This Agreement is further executed under the authority of CRS §§29-
<br />1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-104.5.
<br />B. Consideration
<br />The Parties acknowledge that the mutual promises and covenants contained herein and other
<br />good and valuable consideration are sufficient and adequate to support this Agreement.
<br />C. Purpose
<br />The purpose of this Agreement is to disburse Federal and/or other funds to the Local Agency
<br />pursuant to the Presidential Declaration and Governor's Order in accordance with the
<br />procedures in this Agreement.
<br />D. References
<br />All references in this Agreement to sections (whether spelled out or using the § symbol),
<br />subsections, exhibits or other attachments, are references to sections, subsections, exhibits or
<br />other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
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