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HomeMy WebLinkAbout20002164.tiff RESOLUTION RE: APPROVE SECURITY AGREEMENT AND CERTIFICATION OF PROCUREMENT AND ACCEPTANCE FOR PURCHASE OF TWO WHEELCHAIR-EQUIPPED VANS 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 a Security Agreement and Certification of Procurement and Acceptance for Purchase of two wheelchair-equipped vans 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 Human Services, and the Colorado Department of Transportation, Division of Transportation Development, with terms and conditions being as stated in said agreement and certification, and WHEREAS, after review, the Board deems it advisable to approve said agreement and certification, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Security Agreement and Certification of Procurement and Acceptance for Purchase of two wheelchair-equipped vans 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 Human Services, and the Colorado Department of Transportation, Division of Transportation Development, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and certification. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO ADO ATTEST: �j� � %�-I��� v./ a---- arbara J. ' meyer, Chair Weld County Clerk to the c( M. J. Pro-Tem - 7 BY: 's� Deputy Clerk to the Bey -"-- eor . Baxt 7 APPROVED AS T('FORM: � � — — y.J- — 6aTe K.'Hall� b,� Ate o -- unty Attorney GG 1 G-0-6 Glenn Vaad L C` , ,1/X 2000-2164 HR0071 /a / . MEMORANDUM ,0 TO: Barbara J Kirkmeyer, Chair Board of County Commissioners j) - FROM: Walter J. Speckman, Executive Director -a i • DATE=: September 7, 2000 COLORADO SUBJECT: Security Agreement between the Weld Courty Division of Human Services and the Colorado Department of Transportation Enclosed for Board approval is the Security Agreement and the Certification of Procurement and Acceptance between the Weld County Division of Human Services and the Colorado Department of Transportation, Division of Transportation Developrnert The State will reimburse Weld County $32,877.60 for the purchase of two (2) wheelchair equipped vans, to be used in the Weld County Division of Human Services Transportation Program, according to the State Contract #98 HTD 01083 (JW83). If you have any questions, please call me at extension 3317. 2 )i,i 2 ( 4 J(ROO 7/ EXHIBIT C SECURITY AGREEMENT This Security Agreement is made by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, hereinafter referred to as"the State"and Weld County_ Human Services, a Colorado private nonprofit organization,hereinafter referred to as"the Grantee". A. Purpose. This Security Agreement is made for the purpose of securing the federal interest for the State in transit vehicles or other project equipment("Project Equipment")purchased with Federal Transit Administration(FTA)grant funds awarded to the Grantee pursuant to the Agreement between the parties dated this 28th day of August,2000 and identified as contract #98 HTD 01083 (JW83). B. The security interest granted to the State herein is to ensure that the State may access, proter t and, if necessary, dispose of the federal interest in each item of Project Equipment and to ensure the proper use of the Project Equipment. The Grantee shall have no right in the federal interest in such Project Equipment. B. Project Equipment. Not later than three days after the purchase and acceptance of Project Equipment,the Grantee shall complete and return to the State the`Certificate of Procurement and Acceptance" form, which then becomes Addendum 1 to this Security Agreement. In the case of vehicle procurement,this certificate must indicate the year. make,model, VIN, and any other information needed to register the vehicle. C. Security Interest. In consideration of the value provided to the Grantee under the Agreement dated this 28th day of August.2000 and identified as contract#98 HTD 01083 (JW83) the Grantee hereby gives and grants to the State a security interest in the Project Equipment described in Addendum I and/or described below as follows: 2000 Dodge Grand Caravan Entervan II Vehicle VIN#2B4GP44G0YR865204 and 2000 Dodge Grand Caravan Entervan II Vehicle VIN#2B4GP44G5YR865215. This security interest shall apply to the Project Equipment acquired pursuant to the Agreement dated this 28th day of August,2000 and identified as contract#98HTD 01083 (JW83),whether purchased before or after the date this Security Agreement is executed. The Grantee hereby authorizes the State to describe in the space above the Project Equipment subject to this Security Agreement. D. Lien. The State may place a lien on the title of each Project Equipment vehicle based upon this Security Agreement. The State shall retain physical possession of the titles of each Project Equipment vehicles and the Grantee agrees that the State shall be considered"in possession"of such vehicles for the purpose of any document required by State law to repossess such vehicles if necessary. Exhibit C Page 2 E. Disposition of Equipment. In addition to the security interest granted herein, the Grantee agrees to and acknowledges the right of the State to remove all Project Equipment from the Grantee's premises and to take possession of any of the project Equipment, it the Grantee fails to satisfactorily perform the Project services as detailed in the Agreement,or if the State determines for any other reason, including but not limited to termination of the Agreement, that the disposition of the federal interest in such Project Equipment is in the best interest of the State. The grantee agrees that it will in no way oppose the State's exerciser of such right and that it will assist the State to obtain possession and to remove such vehicles. F. Assignment. The Grantee agrees not to assert against any assignee of the State any defenses or claims the Grantee may have against the State. G. Resolution. The Grantee's Board of Directors shall adopt a resolution approving this Security Agreement and authorizing its President to exercise this Security Agreement. That resolution shall be attached to this Security Agreement. ATTEST: FOR THE GRANTEE ALI/ WELD COUNTY C 'K 2iA'.' same: Barbara J. Kirkmeyer (09-1/-.7000) ;,, ICGd BY: Co %_ _� : '1_' le: Chair,Weld County Board of Commissioners DEPUTY CLER E i.eD 4 .Date: August 28,2000 O(U j01‘ Exhibit C Page 3 CERTIFICATION OF PROCUREMENT AND ACCEPTANCE (Security Agreement Addendum I) Weld County Human Services,hereby acknowledges receipt of the following vehicle: Year Make/Model Vehicle Identification Number 2000 Dodge Grand Caravan#SE Entervan II Vehicle VIN#2B4GP44G0YR865204 2000 Dodge Grand Caravan#SE Entervan II Vehicle VIN#2B4GP44G5YR865215 and accepts same as in substantial compliance with the requirements contained in the bid package and agreement with Adaptive Automotive, Inc., and waives any claim for changes for any variation from said requirements. Weld County Human Services hereby certifies that it has examined the specifications, bid procedures,award documents, and the proceedings followed and find that the procurement of the above equipment is consistent with and meets all the program requirements as outlined in its Agreement with the State of Colorado,the Colorado Department of Transportation, Division of Transportation Development, dated this 17th day of July,2000 and identified as contract #98 HTD 01083 (JW83).. Weld County Human Services further certifies that it will comply with the terms of Exhibit C("Security Agreement")of the contract named above and it hereby gives and grants to the State a security interest in this vehicle(s) in the amount of$32 877.60. Organization: W County Human Services / By: ti(Barbara J.Kirkmeyer) Oct-/(-zoo° •• pY v' Title: Chair, Weld County Board of County Commis ;' �',. $$$$$ I, • % Date: August 28, 2000 :41 ;C'1 � ESTHETE ✓l i Notary Public: C:o. •a. t G My Commission Expires:. '"••••'_sil, • Ca, Afy Commission Expires September 11,20C' Hello