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Home My WebLink About20241604.tiffCONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF FLEET SERVICES AND LP PROPANE LLC This Agreement Extension/Renewal ("Renewal"), made and entered into this Olin day of M 2025, by and between the Board of Weld County Commissioners, on behalf of the Weld County Depart nt of Fleet Services, hereinafter referred to as the "Department", and LP Propane LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2024-1604, approved on June 17. 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on June 17, 2025. • The parties agree to extend the Original Agreement for an additional one-vear period, which will begin June 18, 2025, and will end on June 17, 2026. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CO CTOR: Mo rr, Painted Name Signature BOARD OF COUNTY COMMISSIONERS WEED COUNTY, COLORADO Perry uck, Chair MAY 0 5 2025 ATTEST: ,mss. If,M) v• JClga;44 WeldC.,ounty lerk to he Board BY: Deputy Clerk to the Bo d Co1n421f'14 Plcrd-C` /Cz5 CC:.F-T(031F) 5/5125 202q- \loCkk- v-Tow,-; Houstan Aragon From: Sent: To: Cc: Subject: Byron Howell Thursday, May 1, 2025 8:39 AM Houstan Aragon; David Springer; Fransisco Amparan; Adria Schiel; Bruce Barker; Diane Beckman; Karin McDougal; Matthew Conroy; William Grumet CTB; Toby Taylor RE: SIGNATURE REVIEW: TWO (2) EXTENSION RENEWAL AGREEMENTS Yes, these are okay for placement. Byron L. Howell Assistant Weld County Attorney Weld County Attorney's Office 1150 O Street Greeley, Colorado 80632 970-400-4394 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Houstan Aragon <haragon@weld.gov> Sent: Thursday, May 1, 2025 7:52 AM To: David Springer <dspringer@weld.gov>; Fransisco Amparan <famparan@weld.gov>; Adria Schiel <aschiel@weld.gov>; Bruce Barker <bbarker@weld.gov>; Byron Howell <bhowell@weld.gov>; Diane Beckman <dbeckman@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; William Grumet <wgrumet@weld.gov> Cc: CTB <CTB@co.weld.co.us>; Toby Taylor <ttaylor@weld.gov> Subject: SIGNATURE REVIEW: TWO (2) EXTENSION RENEWAL AGREEMENTS Importance: High Good morning, Please review and advise as to placement on the Monday, May 5, 2025, Consent Agenda. Please also remember to reply -all to this email. • Extension/Renewal #1 to Agreement for Fuel Supplies (B2400092) — LP Propane, LLC [2024-1604] • Extension/Renewal #1 to Agreement for Fuel Supplies (B2400092) — Team Petroleum, LLC [2024- 1606] Thank you, COUNTY, CO AGREEMENT FOR FUEL SUPPLIES BETWEEN WELD COUNTY & LP PROPANE THIS AGREEMENT is made and entered into this 174hday of June , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and LP Propane, [a limited liability company], who whose address is 555 East 8th street Greeley Co 80631, hereinafter referred to as "Contractor". WHEREAS, Weld County requires liquid propane fuel supplies to run its fleet of vehicle equipment, WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the fuel supply services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2400092". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment, and/or products necessary for supplying fuel and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A, which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director Fleet Services of or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this consu,+1410-04L (o/11/Z4 r<cvs/02 2024-1604 -ro00-4 Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Fleet Services or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. Additional/Renewal Terms. The bid is for one (1) year increments. This Contract may be renewed, subject to mutually agreed upon cost adjustments, annually. Renewal may be for four (4) additional years. Any contract renewal or extensions must be approved by the Weld County Board of Commissioners. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE" Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $ Bid Price Exhibit B, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Fleet Services, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A_ provide proof thereof when requested to do so by County. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods/materials to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods/materials are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein. The Contractor shall warrant that he has title to the goods/materials supplied and that the goods/materials are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties and guarantees shall run to Weld County and its successors and assigns. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, invoices, etc., generated during completion of this work. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the goods/materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Public Contracts for Services. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 14. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating thatthe County will be notified ofany reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all goods/materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name Weld County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: LP Propane Attn.: VP Ty Stevens Address:555 East 8th Street Address: Greeley, CO 80631 E-mail: TY.STEVENS@LPPROPANE.NET Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Position: Address: Address: E-mail: Facsimile: 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 25. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 26. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the 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 person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 27. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 28. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Fuel Supplies Agreement this 17th day of June , 2024. CONTRACTOR: LP Propane LLC By: Name: Ty Stevens Title: VP of Sales and Procurement Date 6/10/2024 WELD COUNTY: ATTEST: ) `" Weld County Clerk to the Board eputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD CO . Ross, Chair JUN 1 7 2024 9Q1 -t - Co O EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N 17TH AVENUE GREELEY, CO 80631 DATE: APRIL 23, 2024 BID NUMBER: B2400092 DESCRIPTION: WELD COUNTY FUEL BID DEPARTMENT: FLEET SERVICES BID OPENING DATE: MAY 7, 2024 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: WELD COUNTY FUEL BID Question submission deadline: April 3012024 by 1:00 PM. Email questions to: b:ds(&sweld.gov. Answers will be posted on https //www bidnetdirect.com/ on or before May 1, 2024 by 5:00 PM. Bids will be received until: May 7,. 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 712024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone Number: (720) 439-5261 Conference ID: 246 076 820# 2. INVITATION TO BID: Bids shall include any and all charges for delivery, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay, if awarded the bid. You can find information concerning this request on the BidNet Direct website at https.//www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct, which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivv to Weld .Cow: A. PREFERRED: email bids to bids(weld.gov If your bid exceeds 25MB please upload your bid to https://www bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. B PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4223 or 4222 with any questions. 3. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County, payable after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information. including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity. Weld County must comply with the provisions of C.R.S. 24-72-201, et seq.. the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets. privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights. benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. E Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations, established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. H. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. I. Termination: County has the right to terminate this Agreement. with or without cause. on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time, without notice, upon a material breach of the terms of the Agreement. J. Extension or Modification: Any amendments or modifications to this agreement shall be in writing, signed by both parties. BID REQUEST #B2400092 Page 2 K. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent; which may be withheld in County's sole discretion. L. Warranty: The successful bidder shall provide a warranty to the County as arranged by the parties. M. Non -Assignment: The successful bidder may not assign or transfer this Agreement, or any interest therein or claim thereunder, without the prior written approval of County. N. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. O. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. P. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories to this Agreement agree that, to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest, direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services, and the successful bidder shall not employ any person having such known interests. Q. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. R. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. S. Insurance. Insurance coverage must be maintained as required by law and as specified in the specifications and/or scope of work. BID REQUEST #B2400092 Page 3 SPECIFICATIONS FOR:, Vehicle Fuel Supply Bid Weld County is seeking fuel supply bids for its fleet of vehicles. In addition, Weld County is seeking propane fuel for various locations. SCOPE OF WORK The successful vendor will provide fuel in accordance with the specifications listed in this scope of work at the locations described on the "pricing table" below. 1. The fuel supply bid is for the period of June 1, 2024, through May 31, 2025. 2. This is not an all -or -none bid. The County will consider partial bid for individual fuels, specifically propane, so long as the proposing vendor will service all locations. 3. The contract may be renewed annually for up to 4 additional years, on a year-to-year basis. 4. Bidders shall identify the "PADD" and "Rack" on which the bid is based and shall include in the bid the most recent PADD 4/5 Report showing the "base" price of the bid. The "base" price is the weekly average Denver rack price that is the refiner price to resellers at the terminal. The Pad 4/5 Report may be obtained from: a. Oil Price Information Service (OPIS), 11300 Rockville Pike, Suite 1100, Rockville, MD 20852-3030, b. Editorial #732-901-8800, Circulation Telephone # 301-287-2223 www.opisnet.com. 5. The selected supplier will be allowed to increase or decrease the "base price" bid during the contract period as reflected by the weekly average Denver rack price Pad 4/5 report price changes. The supplier shall furnish a copy of the Pad 4/5 Report and Rack invoice along with the Supplier's invoice for payment with each delivery to the County of Weld. 6. Bidders shall include a "reseller's" price in the bid which shall be fixed for the contract period. The "reseller's" price shall be that amount the bidder will add to the "base" price to cover the bidder's cost of service (delivery, overhead, profit, etc.) to the County of Weld. The "reseller's" price shall not be increased durinit the contract period except for Interstate Commerce Commission approved rail and truck increases. 7. Vendor must provide state approved Oxy-Fuel during required months per the air emission requirements. Vendor may provide any type, but Weld County reserves the right to request a specific type, i.e., MTBE or Ethanol, in the event the type supplied creates problems in County vehicles. If low bidder cannot provide specific type, the county reserves the right to go to other suppliers. The vendor must be available 24 -hours a day 7 days a week to provide emergency delivery service as may be requested by Weld County. This includes delivery during snowstorms/inclement weather and or other natural disasters. 8. Additional/renewal terms. The bid is for one (1) year increment. The Contract may be renewed, subject to mutually agreed upon cost adjustments, annually. Renewal may be for four (4) additional years. Any contract renewal or extensions must be approved by the Weld County Board of Commissioners. 9. All bidders must submit with the bid Safety Data Sheet (SDS) on each product and proof that the products bid meet specifications. At any time during the one-year period of the bid, the supplier will furnish to the County upon the request and at no charge to the County, acceptable tests certifying the quality of the products delivered. Deliveries must be made no later than 3:00 p.m. Appropriate invoice, delivery ticket, and Pad 4/5 Reports shall be delivered to the Accounting Office (1150 O Street, PO Box 758, Greeley Co 80632) at least weekly. 10. Bids will be based on the total annual cost to furnish and deliver estimated fuel quantities to the County of Weld at the locations (Pricing Table) on demand throughout the year. 11 The vendor will measure all above ground storage tanks before filling and document this reading on forms provided at each station. This regulation is per Section 3-4-2(a(4)(B) of Colorado's Storage Tank Regulations. An example of this log is attached for your information. -4 BID REQUEST #B2400092 Page 4 12. Bidder will be responsible to coordinate with Weld County to obtain Mining Safety & Health Administration (MSHA) required "Hazardous Awareness Training" for all delivery personnel prior to delivering to any pit location. 13. The fuel provided must meet the current, applicable, minimum standards of the American Society of Testing and Materials (ASTM) and meet current EPA regulations, for each fuel type. Specifications for the products quoted must accompany bids and include the brand and trade names under which they are sold. Products quoted must have the same specifications as those normally sold by the vendor. 14. Contractor must maintain ability to deliver products and services throughout the State of Colorado. 15. Contractor must maintain consistent an accurate invoicing practices and provide support documentation. 16. Firm Experience/Qualifications: Provide a minimum of five (5) current government customers to include name of contact, Agency name, contact telephone number and email address. Weld County reserves the right to contact references. 17. Contractor must deliver motor fuel to all Weld County locations without subletting to other vendors or using common carriers unless pre -approved in writing by Weld County. a. Contractor must deliver fuel using their own fuel trucks with transfer pump equipment at no additional charge (tank wagons and transports). b. Contractors that do not have their own fuels trucks (tank wagons and transports) will have their bids rejected and/or contract terminated. 18. Contractor must deliver the quantities required within twenty-four (24) hours after being notified/service call 19. Contractor must comply with all Colorado Department of Labor & Employment, Division of Oil & Public Safety requirements. To include completion of the Aboveground Storage Tank Ullage Log form (shown below) upon each delivery. 20. Contractor must have a bulk storage plant no further than 80 road miles (as determined using Google Maps) from Greeley location. 21. Weld County will only accept bids from vendors within an 80 -mile radius of Weld County locations. 22. Vendors must have a bulk plant or service stations for emergency fuel filling needs as determined by County. These additional stations shall be within 20 miles of Greeley Colorado. GENERAL INFORMATION: 1. Unleaded fuel purchased by Weld County is 87 octane with 10% ethanol blend. 2. Diesel fuel purchased is of two (2) grades: a. #2 ultra -low sulfur with 1/1500 Power Service additive package. b. Winter diesel blend ultra -low sulfur - #1 and #2 diesel blended 70/30 with 1/1000 additional Power Service additive package. 3. Sites which use diesel fuel will use #2 diesel (summer blend) from approximately March 15`h to October 15`h and use winter blend #2 diesel from approximately October 15th to March 15`h. 4. Winter diesel products can either be blended at the pipeline or blended at the Contractor's facility. Vendors are to specify where this is blended on the Bid Form. 5. Bio-diesel products with a maximum of 2% biodiesel will be considered comparable to straight #2 diesel; however, Weld County will not pay a premium for this product. 6. All products must meet the specifications detailed in this Invitation to Bid and all winter diesel products must be approved by the Weld County Fleet Services Department prior to use. 7. The locations and types of fuel received are subject to change, Weld will notify the Contractor of those changes when they occur. FEES Provide your pricing information in the Pricing Table below. Prices will be fixed for the initial term, and the four, 1 -year renewal terms, if exercised, may contain inflation adjustment(s). For any proposed inflation adjustments please be specific as to whether the increase would be a fixed dollar amount, a fixed percentage, or BID REQUEST #B2400092 Page 5 linked to a particular index. Prices should include all services in the scope of work and requirements in this RFP. PRICING TABLE --- Location Fuel Type Storage gallons) g (in ) Annual Estimated Use Base Price g4llon)gallon) Resell Price �per (Per - Total Price (per Diesel No. 1* 1,000 5,000 — - - 41150 Ault Tegan g Diesel No. o 2 15,000 Propane 500 ---- 43950 Briggsdale SH 392 Diesel No. 1* 1,000 2,500 Diesel No. 2 7,500 Propane 1,000 1 ---- 5510 Dacono** HWY 52 Diesel No. l * 1,000 2,000 , Diesel No. 2 k 6,000 Unleaded Octane (Ethanol 10%) 87 — 1,000 15,000 Fort Lupton** 7625 CR 31 Diesel No. 1* 5,000 10,000 Diesel No. 2 30,000 i Unleaded Octane (Ethanol 10%) 87 5,000 19,000 — Propane 1,000 ---- 24980 Galeton CR 74 Diesel No. 1* 1,000 5,000 Diesel No. 2 15,000 Propane 2,000 ---- 31244 Gill 3`d St Diesel No. 1* 1,000 4,000 Diesel No. 2 12,000 Propane 2x500 ---- BID REQUEST #B2400092 Page 6 Location Fuel Type Storage gallons) (in Estimated Annual Use Base Price Resell Price (per gallon) gallon) Total Price (per 1 1 Greeley** 13 H street Diesel No. 1* 24,000 132,000 Diesel No. 2 396,000 Unleaded Octane Ethanol 10%) 87 -- 12,000 368,000 43339 Grover** CR 122 Diesel No. 1* 5,000 7,500 i Diesel No. 2 22,500 Unleaded Octane (Ethanol 10%) 87 -- 5,000 ' 2,000 • Propane 500 ---- Johnstown 100 S 2nd St Diesel No. I * 2,000 2,750 Diesel No. 2 8,250 110 Keenesburg W HWY 2 Diesel No. 1* 3,000 3,750 Diesel No. 4 2 11,250 515650 Keota CR 54 I Diesel No. 1* 2,000 3,500 Diesel No. 2 10,500 Propane 1,000 ••--- I 23536 Kersey CR 54 Diesel No. 1* 2,000 4,250 k Diesel No. 2 12,750 Propane 1000 42649 Kiowa HWY 52 Diesel No. 1* 1,000 i 3,000 Diesel No. 2 9,000 Propane 1,000 ---- BID REQUEST #B2400092 Page 7 Fuel Type It Storage gallons)gallon) (in Estimated Annual Use Base (per Price gallon) Resell Price (per Location gallon Total Price (per Diesel No. 1* 5698 Mead WCR 34 1,000 1,500 i._ — 4,500 Diesel No. 2 New 500 Raymer CR 129 Diesel No. 1 1,000 2,500 Diesel No. 2 7,500 ---+ Propane 500 17065 Nunn CR 96 Diesel No. 1* 1,000 2,000 6,000 Diesel No. 2 ---- I 1,000 Propane 20488 Peckham CR33 Diesel No. 1* 1,000 3,750 11,250 Diesel No. 2 13626 Rockport CR 126 Diesel No. 1* l ,000 4,000 12,000 Diesel No. 2 ---- 1,000 Propane 41684 Stoneham Ave Marble Diesel No. 1* 2,000 2,000 6,000 Diesel No. 2 Propane 500 -~-- 62376 Vim CR 130 Diesel No. 1* 2,000 2,500 7,500 Diesel No. 2 2x500 ---- Propane **Tanks full is defined at Dacono, as 70% Fort of Lupton, allowable Grover, storage. and Greeley will be on "Keep Full" schedule. Keep The upon following request: portable tams will he located at different Weld County gravel pits and filled Portable 15630014 Tank Diesel No. 1* 1,200 ---- ---- Diesel No. 2 BID REQUEST #82400092 Page 8 Location Fuel Type Storage gallons) (in Estimated Annual Use Base (per gallon) Price Resell Price (per gallon) gallon) Total Price (per Diesel No. 1* ---- Portable 15690009 Tank 500 r --r Diesel No. 2 Portable 15690010 Tank Diesel No. 1* ---- 500 ---- Diesel No. 2 Portable Public Tank Works Diesel No. 1* ---- Diesel No. 2 1,000 a *No. I diesel is blended with No. 2 diesel beginning October 15, of each year in a ratio of 70/30 until warmer temperatures prevail. ESCALATION For each additional year/term, identify any proposed inflation adjustments. Please be specific as to whether the increase would be a fixed dollar amount, a fixed percentage, or linked to a particular index. Identify Escalation: BID REQUEST #B2400092 Page 9 ABOVEGROUND STORAGE TANK ULI,AGE I.OG FORM - SAMPLE I ABOVEGROUND STORAGE TANK ULLAGE LOG - DELIVERIES ONLY Use a Separate Log Sheetfor Each Tank Use either this form or its equivalent to document ullage (available capacity*) calculations as required by §3-4-2(a)(4)(B) of Colorado's Storage Tank Regulations. Use the correct tank chart to convert from inches to gallons. If ullage is calculated by an ATG, it is acceptable to save the ATC inventory tape that shows the ullage in gallons. Keep these records at least six (6) months. However, it is advisable to keep records indefinitely since they may be required as part of the compliance review concerning a claim for reimbursement from the Petroleum Storage Tank Fund. The requirement to determine ullage before delivery begins applies to all ASTs, including ASTs equipped with overfill prevention equipment that stops delivery or sounds an audible alarm. Facility Name Fac. (if ID # known) Street Address Product in Tank City ZIP Tank Capacity (gallons) Start Date End Date 90 Capacity (gallons) Example: If your tank is 1,000 gallons the 90% capacity would be 900 gallons. To determine the Ullage prior to a delivery you would stick your tank and then convert the inches to gallons. Then you would subtract the converted gallons from the 90% capacity to calculate the proper Ullage (ie; 900- 300= 600). Once this is complete you can add the fuel, but make sure not to exceed the 90% capacity. Date 12/01/15 Gauge or Stick Readin 15" Conversions to Gallons *Ullage 900-300=(600) Quantity Added 500 Initials CNN' Date 1 Gauge or Readin Stick g Conversions to Gallons * Ullage Quantity Added Initials I - I I BID REQUEST #B2400092 Page 10 4 Report Suspected or Confirmed Leaks to the Div. 303-318-8547 of Oil & Public Safety Within 24 flours: . is �. tom'_ 1' i.► Colo. Dept. of Labor & Employment, Div. of Oil & Public Safety, 633 17th St., Suite #500, Denver CO 80202 303-318-8500; Imp. ops.cdle.state.co.us BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on May 7s 2024: 1) Page 4 thru 12 of the Bid Specifications. 2) W9, if applicable* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications. on or before the bid opening *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400092 Page 11 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B2400092. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is in the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS CITY, STATE, ZIP CODE imillilo (Please print) DATE TELEPHONE NO FAX TAX ID # SIGNATURE _ E-MAIL EMAIL DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 3. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller AE0124 BID REQUEST #B2400092 Page 12 ADDENDUM#1 BID REQUEST NO B2400XXX ENTER DESCRIPTION HERE Currently Reads Change Change this to read — INSERT CHANGE HERE ***A signed copy must be submitted with your bid Thank you!*** Addendum received by FIRM ADDRESS CITY AND STATE BY EMAIL June 3, 2024 Addendum # 2 Bid Request Number B2400092 WELD COUNTY FUEL BID Change #1. Changed Bid Due Date: Current: Bids will be received until May 7, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 7, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone Number: (720) 439-5261 Conference ID: 246 076 820# Change: Bids will be received until: May 91 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 912024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone Number: (720) 439-5261 Conference ID: 246 076 820# Change #2. Change Step 2 in Scope of Work Current: In the specifications, the Scope of work states: 2.This is not an all -or -none bid. The County will consider partial bid for individual fuels, specifically propane, so long as the proposing vendor will service all locations. Change: Change this to read as follows: 2.This is not an all -or -none bid. The County will consider bids for diesel and gasoline fuels (together) from one vendor. The propane fuel may be from a different vendor. However, the vendor selected must be able to service all locations listed for either diesel & gasoline (combined) and/or propane. Change #3. Change Answers to Questions posted on May 1, 2024 Current: 1. Does the County plan to award to one vendor? YES 2. Does the County plan on awarding vendors by product? NO is. Can vendors choose to not bid on all products? NO 16. Are vendors required to bid on all locations? YES Change: 1. Does the County plan to award to one vendor? YES. One vendor for Diesel & Unleaded fuel and one vendor for Propane fuel. However. the same vendor may he awarded for Diesel & Unleaded fuel and one vendor for Propane fuel. 2. Does the County plan on awarding vendors by product? One vendor for Diesel & `pleaded fuel and one vendor for Propane fuel. However. the same vendor may be awarded for Diesel & Unleaded fuel and one vendor for Propane fuel. 15. Can vendors choose to not bid on all products? YES. 1) Vendors may bid on Diesel & Unleaded fuel only. 2) Vendors may also bid on Propane fuel only. Or 3) Vendors may bid on both 1) Diesel & Unleaded and 2) Propane. 16. Are vendors required to bid on all locations? YES. Vendors are to supply fuel to locations listed. If a vendor is bidding on diesel & unleaded fuel, it is for all locations listed that has that fuel listed. If a vendor is bidding on only propane, it is for all locations that has that fuel listed. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: June 3, 2024 Date of Signature EXHIBIT B Carolzn Geisert From: Sent: To: Subject: Attachments: Ty Stevens <ty.stevens@lppropane.net> Thursday, May 9, 2024 9:27 AM bids Weld County Fuel Bid 2024 ADDENDUM 1 Signed.pdf; ADDENDUM 2 Signed.pdf; BID SPECS FUEL BID 921 Final Signed.pdf; LP Propane W-9 2024.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I hereby waive my right to a seated bid. Thank you for the opportunity to bid. fete. O'AN! OO Tyler Stevens I VP of Sales and Procurement ty.stevens@lppropane.netI(307) 368-0544 LP Propane (208) 417-2770 (Teams) Idaho Falls, ID LPPROPANE.NET Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. if you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by fviimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 1 SPECIFICATIONS FOR: Vehicle Fuel Supply Bid Weld County is seeking fuel supply bids for its fleet of vehicles. In addition, Weld County is seeking propane fuel for various locations. SCOPE OF WORK The successful vendor will provide fuel in accordance with the specifications listed in this scope of work at the locations described on the "pricing table" below. 1. The fuel supply bid is for the period of June 1, 2024, through May 31, 2025. 2. This is not an all -or -none bid. The County will consider partial bid for individual fuels, specifically propane, so long as the proposing vendor will service all locations. 3. The contract may be renewed annually for up to 4 additional years, on a year-to-year basis. 4. Bidders shall identify the "PADD" and "Rack" on which the bid is based and shall include in the bid the most recent PADD 4/5 Report showing the "base" price of the bid. The "base" price is the weekly average Denver rack price that is the refiner price to resellers at the terminal. The Pad 4/5 Report may be obtained from a. Oil Price Information Service (OPIS), 11300 Rockville Pike, Suite 1100, Rockville, MD 20852-3030, b. Editorial #732-901-8800, Circulation Telephone # 301-287-2223 www.opisnet.com. 5. The selected supplier will be allowed to increase or decrease the "base price" bid during the contract period as reflected by the weekly average Denver rack price Pad 4/5 report price changes. The supplier shall furnish a copy of the Pad 4/5 Report and Rack invoice along with the Supplier's invoice for payment with each delivery to the County of Weld. 6. Bidders shall include a "reseller's" price in the bid which shall be fixed for the contract period. The "reseller's" price shall be that amount the bidder will add to the "base" price to cover the bidder's cost of service (delivery, overhead, profit, etc.) to the County of Weld. The "reseller's" price shall not be increased during the contract period except for Interstate Commerce Commission approved rail and truck increases. 7. Vendor must provide state approved Oxy-Fuel during required months per the air emission requirements. Vendor may provide any type, but Weld County reserves the right to request a specific type, i.e., MTBE or Ethanol, in the event the type supplied creates problems in County vehicles. If low bidder cannot provide specific type, the county reserves the right to go to other suppliers. The vendor must be available 24 -hours a day 7 days a week to provide emergency delivery service as may be requested by Weld County. This includes delivery during snowstorms/inclement weather and or other natural disasters. 8. Additional/renewal terms. The bid is for one (1) year increment. The Contract may be renewed, subject to mutually agreed upon cost adjustments, annually. Renewal may be for four (4) additional years. Any contract renewal or extensions must be approved by the Weld County Board of Commissioners. 9. All bidders must submit with the bid Safety Data Sheet (SDS) on each product and proof that the products bid meet specifications. At any time during the one-year period of the bid, the supplier will furnish to the County upon the request and at no charge to the County, acceptable tests certifying the quality of the products delivered. Deliveries must be made no later than 3:00 p.m. Appropriate invoice, delivery ticket, and Pad 4/5 Reports shall be delivered to the Accounting Office (1 150 O Street, PO Box 758, Greeley Co 80632) at least weekly. 10. Bids will be based on the total annual cost to furnish and deliver estimated fuel quantities to the County of Weld at the locations (Pricing Table) on demand throughout the year. 11. The vendor will measure all above ground storage tanks before filling and document this reading on forms provided at each station. This regulation is per Section 3-4-2(a(4)(B) of Colorado's Storage Tank Regulations. An example of this log is attached for your information. 4 BID REQUEST #B2400092 Page 4 12. Bidder will be responsible to coordinate with Weld County to obtain Mining Safety & Health Administration (MSHA) required "Hazardous Awareness Training" for all delivery personnel prior to delivering to any pit location. 13. The fuel provided must meet the current, applicable, minimum standards of the American Society of Testing and Materials (ASTM) and meet current EPA regulations, for each fuel type. Specifications for the products quoted must accompany bids and include the brand and trade names under which they are sold. Products quoted must have the same specifications as those normally sold by the vendor. 14. Contractor must maintain ability to deliver products and services throughout the State of Colorado. 15. Contractor must maintain consistent an accurate invoicing practices and provide support documentation. 16. Firm Experience/Qualifications: Provide a minimum of five (5) current government customers to include name of contact, Agency name, contact telephone number and email address. Weld County reserves the right to contact references. 1 7. Contractor must deliver motor fuel to all Weld County locations without subletting to other vendors or using common carriers unless pre -approved in writing by Weld County. a. Contractor must deliver fuel using their own fuel trucks with transfer pump equipment at no additional charge (tank wagons and transports). b. Contractors that do not have their own fuels trucks (tank wagons and transports) will have their bids rejected and/or contract terminated. 18. Contractor must deliver the quantities required within twenty-four (24) hours after being notified/service call. 19. Contractor must comply with all Colorado Department of Labor & Employment, Division of Oil & Public Safety requirements. To include completion of the Aboveground Storage Tank Ullage Log form (shown below) upon each delivery. 20. Contractor must have a bulk storage plant no further than 80 road miles (as determined using Google Maps) from Greeley location. 21. Weld County will only accept bids from vendors within an 80 -mile radius of Weld County locations. 22. Vendors must have a bulk plant or service stations for emergency fuel filling needs as determined by County. These additional stations shall be within 20 miles of Greeley Colorado. GENERAL INFORMATION: 1. Unleaded fuel purchased by Weld County is 87 octane with 10% ethanol blend. 2. Diesel fuel purchased is of two (2) grades: a. #2 ultra -low sulfur with 1/1500 Power Service additive package. b. Winter diesel blend ultra -low sulfur - #1 and #2 diesel blended 70/30 with 1/1000 additional Power Service additive package. 3. Sites which use diesel fuel will use #2 diesel (summer blend) from approximately March 15th to October 15th and use winter blend #2 diesel from approximately October 15th to March 15th 4. Winter diesel products can either be blended at the pipeline or blended at the Contractor's facility. Vendors are to specify where this is blended on the Bid Form. 5. Bio-diesel products with a maximum of 2% biodiesel will be considered comparable to straight #2 diesel; however, Weld County will not pay a premium for this product. 6. All products must meet the specifications detailed in this Invitation to Bid and all winter diesel products must be approved by the Weld County Fleet Services Department prior to use. 7. The locations and types of fuel received are subject to change, Weld will notify the Contractor of those changes when they occur. FEES Provide your pricing information in the Pricing Table below. Prices will be fixed for the initial term, and the four, 1 -year renewal terms, if exercised, may contain inflation adjustment(s). For any proposed inflation adjustments please be specific as to whether the increase would be a fixed dollar amount, a fixed percentage, or BID REQUEST #B2400092 Page 5 linked to a particular index. Prices should include all services in the scope of work and requirements in this RFP. PRICING TABLE Location Fuel Type Storage gallons) g (in } Estimated Annual(per Use Base (per gallon) g Price Resell gallon) Price . gallon Total Price (per 41150 Ault Tegan Diesel No. 1* 1,000 5,000 Diesel No. 2 i 15,000 Propane 500 ---- $.73 $.53 $1.26 43950 Briggsdale SH 392 Diesel No. 1* 1,000 2,500 Diesel No. 2 1 7,500 Propane 1,000 ---w $.73 $.53 $1.26 5510 Dacono** HWY 52 Diesel No. 1* 1,000 2,000 Diesel No. 2 p 6,000 Unleaded Octane (Ethanol 10%) 87 -- • 1,000 ' 15,000 Lupton** 7625 Fort CR 31 Diesel No. I* 5,000 10,000 Diesel No. 2 30,000 Unleaded Octane (Ethanol 10%) 87 — 5,000 19,000 Propane 1,000 ---- $.73 $.53 $1.26 4 24980 Galeton CR 74 Diesel No. 1* 1,000 5,000 - Diesel No. 2 15,000 . Propane 2,000 ---- $.73 $.53 $1.26 31244 Gill 3`d St Diesel No. 1 1,000 4,000 Diesel No. 2 12,000 Propane 2x500 ---- $.73 $.53 $1.26 BID REQUEST #B2400092 Page 6 Storage g allons) (in Base (per g allon) Price gallon) Resell Price (per gallon) Total Price (P er Estimated Annual UseLocation Fuel Type 11 Greeley** 13 H street Diesel No. 1* 24,000 132,000 Diesel No. 2 396,000 Unleaded — 12,000 368,000 ' Octane (Ethanol 10%) 87 43339 Grover** CR 122 Diesel No. I * 5,000 7,500 - Diesel No. 2 22,500 A Unleaded 5,000 2,000 ' Octane (Ethanol 10%) 87 — Propane 500 ---- $.73 $.53 $1.26 100 Johnstown S 2nd St Diesel No. 1* 2,000 2,750 Diesel No. 2 8,250 110 Keenesburg W HWY 2 Diesel No. 1* 3,000 3,750 Diesel D No. 2 1 1,250 � Keota 515650 CR 54 Diesel No. 1* 2,000 3,500 Diesel No. 2 10,500 Propane 1,000 ---- $.73 $.53 $1.26 23536 Kersey CR 54 Diesel No. 1* 2,000 4,250 12,750 ' Diesel No. 2 Propane 1000 $.73 $.53 $1.26 42649 Kiowa HWY Diesel No. 1* 3,000 Diesel No. 2 1,000 9,000 52 Propane 1,000 ---- $.73 $ 53 $1.26 4 BID REQUEST #B2400092 Page 7 Location Fuel Storage gallons) (in Annual Estimated Use Base (per gallon) Price gallon) Resell Price (per Total Price (per gallon) ) Type Mead 5698 WCR 34 Diesel No. 1* 1,000 1,500 - Diesel No. 2 4,500 New Raymer 500CR129 Diesel No. 1* 1,000 2,500 Diesel No. 2 7,500 ' Propane 500 ---- $/3 $.58 $1.31 17065 Nunn CR 96 Diesel No. 1* 1,000 2,000 Diesel No. 2 6,000 Propane 1,000 ---- $.73 $.53 $1.26 20488 Peckham CR33 Diesel No. 1* 1,000 3,750 • Diesel No. 2 11,250 Rockport 13626 CR 126 Diesel No. 1* 1,000 4,000 Diesel No. 2 12,000 Propane 11,000 ---- $.73 $.53 $1.26 41684 Stoneham Ave Marble Diesel No. l* 2,000 2,000 Diesel No. 2 6,000 Propane 500 ---- $.73 $.58 1.31 Vim 62376 CR 130 Diesel No. 1* 2,000 2,500 Diesel No. 2 7,500 Propane 2x500 ---- $.73 $.58 $1.31 **Tanks full is at Dacono, defined as 70% Fort of Lupton, allowable Grover, storage. and Greeley will be on "Keep Full" schedule. Keep The upon 15630014 following request: portable tanks will he located at different Weld County gravel pits and filled Portable Tank Diesel No. 1* 1,200 ---- 1 Diesel No. 2 ---- BID REQUEST #B2400092 Page 8 Location Fuel Storage gallons) (in Annual Estimated Use Price Resell Price (per gallon) gallon)_ Total Price (per Type Base (per gallon) Portable 15690009 Tank Diesel No. 1* 500 ----- ,- - _ Diesel No. 2 Portable 15690010 Tank Diesel No. 1* 500 ---- Diesel No. 2 Portable Public Works Tank Diesel No. 1* 1,000 ---- Diesel No. 2 MI. Se VS MB *No. 1 diesel is blended with No. 2 diesel beginning October 15, of each year in a ratio of 70/30 until warmer temperatures prevail. ESCALATION For each additional year/term, identify any proposed inflation adjustments. Please be specific as to whether the increase would be a fixed dollar amount, a fixed percentage, or linked to a particular index. Identify Escalation: BID REQUEST #B2400092 Page 9 ABOVEGROUND STORAGE TANK ULLAGE LOG FORM - SAMPLE ABOVEGROUND STORAGE TANK ULLAGE LOG - DELIVERIES ONLY Use a Separate Log Sheet for Each Tank i Use either this form or its equivalent to document ullage (available capacity *) calculations as required by §3-4-2 (a) (4) (B) of Colorado's Storage Tank Regulations. Use the correct tank chart to convert from inches to gallons. If ullage is calculated by an ATG, it is acceptable to save the .4 TG inventory tape that shows the ullage in gallons. Keep these records at least six (6) months. However, it is advisable to keep records indefinitely initely since they may be required as part of the compliance review concerning a claim for reimbursement from the Petroleum Storage Tank Fund. The requirement to determine ullage before delivery begins applies to all ASTs, including ASTs equipped with overfill prevention equipment that stops delivery or sounds an audible alarm. Facility Name Fac. (if ID known) # Street Address Product in Tank City ZIP Capacity (gallons) Tank Start Date End Date 90 Capacity (gallons) Example: If your tank is 1,000 gallons the 90% capacity would be 900 gallons. To determine the Ullage prior to a delivery you would stick your tank and then convert the inches to gallons. Then you would subtract the converted gallons from the 90% capacity to calculate the proper Ullage (ie; 900- 300= 600). Once this is complete you can add the fuel, but make sure not to exceed the 90% capacity. Date 12/01/15 Gauge or Stick Readin 15" Conversions to Gallons 300 *Ullage 900-300=(600) Quantity Added 500 Initials CW Date V Gauge or Stick Reading Conversions to Gallons *Ullage Quantity Added Initials 4 i I I' BID REQUEST #B2400092 Page 10 i a. Report Suspected or Confirmed Leaks to the Div. of Oil & Public Safety Within 24 Hours: 303-318-8547 Colo. Dept. of Labor & Employment, Div. of Oil & Public Safety, 633 17th St., Suite #500, Denver CO 80202 303-318-8500; http:, ops.cdle.state.co.us BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on May 712024: 1) Page 4 thru 12 of the Bid Specifications. 2) W9, if applicable` 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400092 Page 11 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B2400092. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is in the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM LP PROPANE LLC BY TY STEVENS (Please print) BUSINESS ADDRESS 555 EAST 8TH STREET DATE 5/8/2024 CITY. STATE, ZIP CODE GREELEY ,C0 80631 TELEPHONE NO (970) 323-2556 FAX TAX ID # 84-1385386 SIGNATURE E-MAIL TY.STEVENS@LPPROPANE.NET EMAIL PERRY.FLOT@LPPROPANE.NET DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 3. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE - Elected Official or Department Head Controller AE0124 BID REQUEST #B2400092 Page 12 ADDENDUM#1 BID REQUEST NO. B2400092 FUEL BID Answers to questions that were received during bid process. 1. Are you able/willing to provide the previous bid tabulations? NO 2. Does Weld County provide tank charts at each site for ullage? YES 3. Does Weld County order the fuel to ensure the keep full locations are serviced when needed? VENDOR expected to monitor tank levels. 4. Does Weld County provide the MSHA training? NO 5. What are the credit terms and method of payment (EFT or check)? 30 days 6. When you say service station for emergency fuel filling does Weld County use fleet cards and/or credit cards? (Scope of work, line 22) Weld County uses WEX cards. 7. Is Weld County expecting vendors to hold the same price as the bid for said emergency fuel filling at stations? NO 8. Can you please define "Bulk Storage Plant". Does this mean/include loading racks? (Scope of work, line 20) Tanks and or racks to fill transport trucks. See attached. 9. Does the County plan to award to one vendor? YES 10. Does the County plan on awarding vendors by product? NO l l . Does the County plan on awarding vendors on a site -by -site basis? NO 12. What are your payment terms? (i.e., Net 30 days?) NET 30 13. Please provide a copy of a recent Gas invoice. Attached 14. Please provide a copy of a recent Gas Bill of Lading. Attached 15. Please provide a copy of a recent Diesel invoice. Attached 16. Please provide a copy of a recent Diesel Bill of Lading. Attached. 1 7. Is the County requesting Dyed Dies& (off -road use) YES 18. Is the County requesting Clear Diesel (on -road use) NO 19. Will the County consider extending the bid due date? NO 20. On the price page there is a column identified as "Base Price", what base price market date would the County like to be used here? Use the daily OPIS Gross Contract average Low price on 05/03/2024. The price used must be stated 21. Is the vendor allowed to offer an approved equal to the Power Service Additive Package? NO 22. Can vendors provide fuel cards to Weld County to be used at any fuel station to meet the emergency fueling needs? We use WEX 23. Can vendors choose to not bid on all products? NO 24. Are vendors required to bid on all locations? YES 25. Would Weld County consider switching to Daily Opis Gross Contract Average Low or Daily Opis Gross Contract Average Based pricing? Please use, Daily Opis Gross Contract Average Low. 26. Can Invoices, Delivery Tickets, Reports be emailed to Accounting office instead of mailed/dropped off? Invoices emailed to the accounting office are fine. Reports can be left in mailbox provided at site. 27. How would you like us to define the "base price" on the bid? This price could fluctuate depending on when the bid is submitted. Use the Daily Opis Gross Contract Average Low price on 05/03/2024. The price used gallon price and delivery for each location. 29. Will Power Service additive be required? Yes 30. Can you clarify where the Vim tank is located? We are having a tough time pulling it up on the map. Ship To/CustiD: 92099 Weld County Public Works -Vim 40.932007,-103.872657 62376 WCR 130- CR 150 & CR 130 Grover CO 80729 Close to the NE state line. 31. Will tanks that are not on a "keep full" be called in to our dispatch? No. The best thing to consider is adding tank monitors. 32. 1 noticed the usage for propane isn't listed. Can we get an estimated usage. 30,800 gallons a year average. 33. Our company operates several fueling sites, all located within 20 miles of the county line. The distance from H Street to our location is 29 miles door to door. Would this be acceptable? YES 34. Can you clarify the keep full schedule verbiage? Is the county requesting deliveries be generated by the vendor after 70% of allowable storage is used? Or are you wanting these specific tank(s) to be 70% full, at all times? after 70% of allowable storage is used works, as long as we don't run out. ***A sinned copy must be submitted with your bid. Thank you!*** Addendum received by: May I, 2024 LP PROPANE LLC FIRM 555 EAST 8TH STREET ADDRESS GREELEY, CO 80631 CITY AND STATE TY STEVENS BY TY. STEVEN S @ LPP ROPAN E. N ET EMAIL c') SENERGY PETROLEUM 1470 N Horne St, Gilbert, AZ 85233 www.gosenergy.com Bill To: WELD COUNTY PUBLIC WORKS 1111 H STREET GREELEY CO 80632 Terms Net 30 Quantity 2,100 2,100 2,100 2,100 2,100 2,100 298.3 298.3 298.3 298.3 298.3 298.3 Load Dade 4/26/2024 CUSTOMER SERVICE: 602-272-67951460-962-6111 1520-571-7600 Please Remit Payment To: SENERGY Petroleum LLC PO Box 208399 Dallas, TX 75320-8399 BOLD 799271 Item DYED-ULSD #2 (nontaxable use only, penalty for taxable use) COLORADO ENVIRONMENTAL FEE FEDERAL FER FEE FED LUST TAX FEDERAL SUPERFUND FEE COLORADO FUELS IMPACT REDUCTION FEE Sub Total 87 -UNLEADED RFG COLORADO FUELS IMPACT REDUCTION FEE FEDERAL SUPERFUND FEE COLORADO ENVIRONMENTAL FEE FEDERAL FER FEE FED LUST TAX Sub Total INVOICE INVOICE# Date Terms Due Date Ship To/Cust1D: 92098 Weld County Public Works -5698 Wcr 34 5698 WCR 34 Platteville CO 80651 Unit Oty 2,100 2,100 2,100 2,100 2,100 2,100 0 298.3 298.3 298.3 298.3 298.3 298.3 0 POD Unit Rata $2.64430 $0.00938 $0.00214 $0.00100 $0.00405 $0.00613 $0.00000 $2.82250 $0.00613 $0.00405 $0.00938 $0.00214 $0.00100 $0.00000 Sates Rep Baker, Gina Item Price $2.64430 $0.00938 $0.00214 $0.00100 $0.00405 $0.00613 $2.66700 $2.82250 $0.00613 $0.00405 $0.00938 $0.00214 $0.00100 $2.84520 Subtotal Sales Tax Total SEN-799271 4/26/2024 Net 30 5/26/2024 Amount $5,553.03 $19.70 $4.49 $2.10 $8.51 $12.87 $5,600.70D.. $841 95 $1.83 $1.21 $2.80 $0.64 $0.30 $848.73 $6.449A3 $0.00 $6,449.43 Past due after 5/26/2024. If account is unpaid within time permitted, customer agrees to pay interest at 24% PER ANNUM plus collection fees. The undersigned hereby states that he/she is authorized to bind the principal to the terms hereof. Prices reflect discounts received for payment by cash, check or EFT, Payment by other means is subject to a 3.25% convenience fee. HAZARDOUS MATERIAL EMERGENCY RESPONSE: (800) 633-8253 PERS tart TTOa®LELS SOLD TO WELD COUNTY PUBLIC WORKS 1111 H STREET GREELEY, CO 80832 Representative Gins Baker DELIVERY TICKET CUSTOMER SERVICE Order 771571 1800-964-0076 Trip, 510510 Purchase Order SHIP TO Order Date. 03/16/2024 Weld County Public Works -5698 Wcr34 Delivery Window 5AM - 5PM 5698 WCR 34 Truck 04263 Platteville, CO 80851 diaries (970) 590.0314 Driver Johannes Jordan HM 1 PRODUCT DELIVERED X UN1202, Diesel Fuel, 3, PG III, Cargo Tank DYED-ULSD #2 WINTERIZED (SEN)15ppm sulfur (max), nontaxable use only, penally for taxable use. DYE51 SO d2 NANTERL2EO t9EN) (GALLON) Code ORIGIN Ibk� 1 3 3 ' $ 3 aFG _ 1-41' END 93'WATER LEVEL BEG ENO %j SPILL BASIN BEG END p DIESEL FUEL aUPPLEMEHTADDITIVE (BULK) (GALLON) ORIGIN IN��' BiL 7 7 l 57 I BEG LIT` END 3' WAiEittE7EC6EG ENO rSPILL BASIN BEG/ END NOTES ORDERED 3800 4 LOADED I DELIVERED 37? 3746. u HAZARDOUS MATERIAL EMERGENCY RESPONSE. (800) 833.5253 PERS DELIVERED 6r aAre THE 0.1MOVED er JC),)4, j 3J f3 tf 05(V WG15 DENVER PRODUCTS TERMINAL HOLLY ENERGY PARTNERS 8581 EAST 96TH AVE Denver (HENDERSON), CO 80640 THIS IS TO CERTIFY THAT THE HEREIN NAMED MATERIALS ARE PROPERLY CLASSIFIED DESCRIBED PACKAGED MARKED AND LABELED AND ARE IN PROPER CONDITION FOR TRANSPORTATION ACCORDING TO APPLICABLE REGULATIONS OFTHDOT IF SHIPMENT INCLUDEES UNLEADED GASOLINE THE PRODUCT CONTAINS NO MORE THWN 0 05 GRAMS OF LEAD PER GALLON AND NO MORE THAN 0 005 GRAMS OF PHOSPHOROUS PER GALLON CONFORMING 70 E P A REGULATIONS 40 CFR BO RECEIVED SUBJECT TO TARIFFS OR CONTRACT IN EFFECT THIS DATE THE CARRIER CERTIFIES THAT THE CARGO TANK SUPPLIED FOR THIS SHIPMENT IS A PROPER CONTAINER FOR THE TRANSPORTATION OF THIS COMMODITY AS DESCRIBED BY THE SHIPPER T. dryer by slgrag tNa Ilcrel rwrebycerlltas mat trans[/[ Less laded as spocltled X Signature 01/1.024 02 Mara Date Rocaled y uanallaa rn g mad aster X Dale BILL OF LDING/MANIFEST "FOR CHEMICAL EMERGENCY - SPILL, LEAK, FIRE, EXPOSURE OR ACCIDENT CALL CHEMTREC 800.424.9300,DAYOR NIGHT." CCPI 201319 REFORMULATED GASOLINE ALL GASOLINES ARE DETERGENT ADDITIZEO FOR SALE TO THE FINAL CONSUMER HF SINCLAIR REINING 8 MARKETING LLC EPA COMPANY REGISTRATION 5053 SHIPPER CERTIFIES THAT THE GOODS COVERED BY THIS TICKET WERE PRODUCED IN COMPLIANCE WITH ALL REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT AS AMENDED SHIPPING DESCRIPTIONS USE EMERGENCY RESPONSE GUIDE 128 UN1203 GASOLINE, 3 PGII 1509 GALLONS .1993, DIESEL Si., 3 PG III 5298 GALLONS SOLD TO SNIP TO BRAD HALL (HF) BRAD HALL (HF) CO DESTINATION k35_81 EAST 96TH AVE SHIP FROM ADDRESS HF Sinclair Refining & Marketing ORIVFR JOHANIES JORDAN 8LIPPLIEA OArE SHi,-K0 lUaD a lARr isms An ENO TIME J B O L NL I03/16/2024 01 5e 02 09 1337833 REP ' ItCgO8310M SMIo VIA CARR', V... D. SENERGY PETROLEUM LLC SOPA 'ILIA. at 01196 GUSTO,. NC 601309 DRWERd 3453 lo.+n POS PRODUCT OCTANE R.2 RVP MAX GROSS GALLONS TEMP AP GRAVITY NET GALLONS Red Wtr#2D15ppm SulfurNRLMDieser Red Wtr#2015ppm Sulfur NRLMDieser 87 OCT E10 WINTER CG MATERIAL SAFETY DATA SHEET AVAILABLE ON REQUEST 00 00 87 10 0 2498 38 2800 38 1509 32 37 5 37 5 62 3 2524 2829 1537 Addendum # 2 Bid Request Number B2400092 WELD COUNTY FUEL BID Change #1. Changed Bid Due Date: Current: Bids will be received until: May 7, 2024 at 10:00 AM {Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 712024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone Number: (720) 439-5261 Conference ID: 246 076 820# Change: Bids will be received until: May 91 2024 at 10:00 AM {Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 9, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone Number: (720) 439-5261 Conference ID: 246 076 820# Change #2. Change Step 2 in Scope of Work Current: In the specifications, the Scope of work states: 2.This is not an all -or -none bid. The County will consider partial bid for individual fuels, specifically propane, so long as the proposing vendor will service all locations. Change: Change this to read as follows: 2.This is not an all -or -none bid. The County will consider bids for diesel and gasoline fuels (together) from one vendor. The propane fuel may be from a different vendor. However, the vendor selected must be able to service all locations listed for either diesel & gasoline (combined) and/or propane. Change #3. Change Answers to Questions posted on May 1, 2024 Current: 1. Does the County plan to award to one vendor? YES 2. Does the County plan on awarding vendors by product? NO 15. Can vendors choose to not bid on all products? NO 16. Are vendors required to bid on all locations? YES Change: 1. Does the County plan to award to one vendor? YES. One vendor for Diesel & Unleaded fuel and one vendor for Propane fuel. However, the same vendor may be awarded for Diesel & Unleaded fuel and one vendor for Propane fuel. 2. Does the County plan on awarding vendors by product? One vendor for Diesel & Unleaded fuel and one vendor for Propane fuel. Hotiwever, the same vendor ma> he awarded for Diesel & Unleaded fuel and one vendor for Propane fuel. 15. Can vendors choose to not bid on all products? YES. 1) Vendors may bid on Diesel & Unleaded fuel only. 2) Vendors may also bid on Propane fuel only. Or 3) Vendors may bid on both 1) Diesel & Unleaded and 2) Propane. 16. Are vendors required to bid on all locations? YES. Vendors are to supply fuel to locations listed. If a vendor is bidding on diesel & unleaded fuel, it is for all locations listed that has that fuel listed. If a vendor is bidding on only propane, it is for all locations that has that fuel listed. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: LP PROPANE LLC 5/6/2024 Ti' STEVENSDate of Signature Signature: Name: TY STEVENS Title: VICE PRESIDENT OF SALES AND PROCUREMENT May 6, 2024 Form ■ -9 (Rev. October 2018) IJepartmem of the Treasury Mtemal Revenue Servke Request for Taxpayer identification Number and Certification ► Go to www.lrsgov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. of rn a. a. o S t 02 4 u Im 1 Name (as shown on your income tax return]. Name is required on this line: do not leave this Nne blank. LP Propane,LLC 2 Business name/disregarded entity name, if diderenl from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ IndividUal/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate single -member LLC )( Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► P Note: Check the appropriate box in the line above for the lax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. 0 Other (see instructions) ► 4 Exemptions (codes apply only b certain enll�es, not individuals; see Instructbns on page. Exempt payee code (il any) Exemption from FATCA reporting coda (it anyl (Appal b.... ,nr,rn,ed n,6.H9 es U5.) 5 Address (number, street, and apt. or suite no.) See instructions. PO Box 50620 8 City, state, and 2IP code Idaho Falls, ID 83405 T List account number(e) here (optional) Requester's name and address (optional) gal Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is In more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. MIBI Certification Under penalties of perjury, I certify that: Social security number iii or Tr] Employer Identification number 8 11318I5I3I8I6 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting fora number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. Far real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, canceUation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are rat reined to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Here u.s. parson ► General Instructiotl Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www,irs.govlFormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which maybe your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) oat.. 3friflotif • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. I t you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 1023. Form W-9 (Rev. 10-2018) ACRE, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY 6/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, LLC 6967 South River Gate Dr. Suite 200 Salt Lake City UT 84047 Cson NAME: Carolyn Maldonado PHONE FAx (ac. No. Exit: 801-924-1400 (A/C, No): 801-924-1441 nnoness: certrequests@ajg.com IN5URER(S)AFFORDING COVERAGE NAIC0 INSURER A: Zurich American Insurance Company 16535 INSURED BRADHAL-01 LP Propane, LLC PO Box 50620 Idaho Falls ID 83405 INSURER B : Markel American Insurance Company 28932 INSURER c : Gemini Insurance Company 10833 INSURER D: Navigators Insurance Company 42307 INSURER E : RSUI Indemnity Company 22314 INSURER F : COVERAGES CERTIFICATE NUMBER: 759117817 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TT TYPE OF INSURANCE ADDL SUER INSD NIVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDAvn LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ell OCCUR GL0018810605 7!1/2023 70/2024 EACH OCCURRENCE $2,000,000 DAMAGE RENTED PREM SESO(Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LI PE a El LOC OTHER: PRODUCTS - COMP/OP AGG $ 4,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED _ AUTOS ONLY HIRED _ AUTOS ONLY SCHEDULED AUTOS NON -OWNED _ AUTOS ONLY BAP018810705 7!1!2023 7/1/2024 COMBINED SINGLE LIMIT (Ea accidenU $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acident) $ E UMBRELLA LIAB X EXCESS LIAB X OCCUR CLAIMS -MADE GVE100295602 NHA102951 7/1/2023 7/1/2023 7/1!2024 7/1/2024 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 DED I I RETENTION $ A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR,PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC018810505 7/1/2023 7/1/2024 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D B Upset 8 Overturn Pollution Motor Truck Cargo NY23ECPX00833NC MKLMSIM0052737 7/1/2023 711/2023 7/1/2024 7/1!2024 Limit Per OcGAgg Cargo Limit $3,000,000 $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Verification of insurance subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Coverage AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT FOR FUEL SUPPLIES (#B2400092) - LP PROPANE APPROVED AS TO SUBSTANCE: Department H = - d, or =c cted Official APPROVED AS TO FUNDING: elhie to*: Chief Financial Officer, or Controller APPROVED AS TO FORM: '04417 ' 17' er014L County Attorney ;e-0.4,/ /z/.9 Hello