HomeMy WebLinkAbout20121244.tiff RESOLUTION
RE: APPROVE AMENDMENT#2 TO CONGESTION MITIGATION AND AIR QUALITY(CMAQ)
AGREEMENT 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 Amendment#2 to the Congestion Mitigation
and Air Quality (CMAQ)Agreement between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
and the Colorado Department of Transportation, commencing upon full execution,with further terms
and conditions being as stated in said amendment, and
WHEREAS,after review, the Board deems it advisable to approve said amendment,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 Amendment #2 to the Congestion Mitigation and Air Quality (CMAQ)
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Department of Transportation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Sean . Conway, Chair
Weld County Clerk to the Board
William . arcia, Pro-Tem
BY:
Deputy Cle l to the Board '' CUSED
ss��,� -r ra Kirkme er
,1861 Y E
AP OV A z ra =M: % c✓L
1� 4 ?=vid . Lon.
ount ' orn y y.w ) ylciJY�-�'
gla Radema her
1 1 Date of signature: (k_I ` t" I
L oflO, RdCord
2012-1244
5-1 L _l a ( -I - l a
EG0066
1861 MEMORANDUM
TO: Board of County Commissioners
• DATE: May 16, 2012
COUNTY ;_
FROM: Elizabeth Relford, Transportation Planner
SUBJECT: Contract Extension for CMAQ
In January 2011, the BOCC approved the CMAQ contract amendment for additional
public awareness and marketing funds for the Upper Front Range Transportation
Planning Region (UFR TPR). As a result, the BOCC entered into a revised Professional
Services Agreement with Upstate Colorado to manage the project.
Due to the delay in CNG stations being operational, there hasn't been an opportunity to
market anything. The CDOT contract is anticipated to expire at the end of the State
Fiscal year, which is June 30, 2012. Three of the four CNG stations will be open after
June 30th, but prior to the end of the calendar year. Therefore, we have requested to
extend the marketing and public awareness funds through the end of 2012.
CDOT agreed with the request and the attached contract reflects the revised contract
dates to be extended to December 31, 2012. Staff recommends approval of the
contract. Please do not hesitate to contact me with any questions (x3748).
GRANT AMENDMENT
Amendment Original Grant Original Amendment Amendment
#2 CLIN/CMS # SAP-PO# CMS # SAP-PO#
10-HTD-17664 291000882 12-HTD-44245 291000882
1) PARTIES
THIS AMENDMENT, to the above-referenced Original Grant (hereinafter called the "Grant") is
entered into by and between WELD Comm, (hereinafter called the "Grantee") and the State of
Colorado (hereinafter called the "State") acting by and through the Colorado Department of
Transportation (hereinafter called "CDOT").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall
not be liable to pay or reimburse Grantee for any performance hereunder, including, but not
limited to costs or expenses incurred, or be bound by any provision hereof prior to the
Effective Date.
3) FACTUAL RECITALS
The parties entered into a contract dated June 10, 2010, for Congestion Mitigation and Air
Quality(CMAQ), to continue the marketing and education project. The purpose for this
amendment is described in Section 6 of this amendment.
4) CONSIDERATION-COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other
good and valuable consideration are sufficient and adequate to support this Grant. The
Parties agree to replacing the Colorado Special Provisions with the most recent version (if
such have been updated since the Grant and any modification thereto were effective) as part
consideration for this Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior
amendments thereto (including option letters), if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS
The Grant, and any amendments hereto, are modified as follows:
Paragraph 5(A) is hereby deleted in its entirety and replaced with the following language:
The Parties respective performances under this Grant shall commence on the Effective Date.
This Grant shall terminate December 31, 2012 unless sooner terminated, completed, or
further extended as specified elsewhere herein.
7) START and END DATES
This amendment shall take effect on its Effective Date and shall end December 31, 2012.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the Grant,
the provisions of this Amendment shall in all respects supersede, govern, and control. The most
recent version of the Special Provisions incorporated into the Grant or any amendment shall
always control other provisions in the Grant or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, or otherwise made available.
1 of 2
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
'Persons signing for The Grantee hereby swear and affirm that they are authorized to act on The Grantee's
behalf and acknowledge that the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
WELD COUNTY
John W.Hickenlooper,GOVERNOR
By, William F. Garcia
Name of Authorized Individual Colorado Department of Transportation
(for)Donald E.Hunt,Executive Director
Title: Chair Pro-Tem
Official e of Authorized Individual 'Yy„O'4Y 1.
By: ��rr'�z
*Signature Jr 31'i a
Date:
Date: MAY 1 6 2012
2nd The Planning Agency Signature if Needed LEGAL REVIEW
By: John W.Suthers,Attorney General
Name of Authorized Individual
Title: By: ' C/�
Official Title of Authorized Individual Signature-Assistant Attorney Gener
*Signature Date: 6- U
Date:
ALL GRANTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated
below by the State Controller or delegate.The Grantee is not authorized to begin performance until such time.If The
Grantee begins performing prior thereto,the State of Colorado is not obligated to pay The Grantee for such performance
or for any goods and/or services provided hereunder.
STATE CONTROLLER
Day' cDe of A
By:
Controller-C rado Department of Transportation
Date: t��j�C.-
2 of 2
Hello