HomeMy WebLinkAbout20200449.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR GRANTING OF NATURAL
GAS VEHICLES AS SUBSTITUTED PASS -THROUGH CONGESTION MITIGATION
AIR QUALITY (CMAQ) GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN - TOWN
OF KERSEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
Granting of Natural Gas Vehicles as Substituted Pass -Through Congestion Mitigation Air Quality
(CMAQ) Grant Funds between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Public Works, and the
Town of Kersey, commencing upon full execution of signatures, with further terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Granting of Natural Gas
Vehicles as Substituted Pass -Through Congestion Mitigation Air Quality (CMAQ) Grant Funds
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of
Kersey, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
cc: Pc -,-)c L (C H), t= I.COc ,
(ACT(QC/CO), F vR axtt
O3/03/2_O
2020-0449
EG0078
INTERGOVERNMENTAL AGREEMENT FOR GRANTING OF NATURAL GAS VEHICLES AS
SUBSTITUTED PASS -THROUGH CONGESTION MITIGATION AIR QUALITY (CMAQ) GRANT
FUNDS - TOWN OF KERSEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of February, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dideds) W jeldo•41
Weld County Clerk to the Board
BY:711V:14-1- /.
Deputy Clerk to the Boat. R � VACAN
Mike Freeman, Chair
Steve Moreno, Pro-Tem
�ames
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County A t ••rney p`X �/)
Date of signature: 02/12/20
Barbara Kirkmey
2020-0449
EG0078
INTERGOVERNMENTAL AGREEMENT FOR THE GRANTING OF NATURAL GAS
VEHICLES TO TOWN OF KERSEY AS SUBSTITUTED PASS THROUGH
CONGESTION MITIGATION AIR QUALITY FUNDS (CMAO)
THIS INTERGOVERNMENTAL AGREEMENT is entered into this � day of
, 2020, by and between the Town of Kersey, a municipality of the State of
Colorador. address is 332 Third Street, P. O. Box 657, Kersey, Colorado 80644, hereinafter
referred to as "Kersey," and the County of Weld, a political subdivision of the State of Colorado,
by and through the Board of County Commissioners of the County of Weld, whose address is 1150
O Street, P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County." The parties
hereto may also be referred to herein collectively as "the Parties."
WITNESSETH:
RECITALS
WHEREAS, the Upper Front Range Transportation Planning Region (UFR TPR) Regional
Planning Commission (RPC) awarded Weld County CMAQ grant funds vetted through the
Colorado Department of Transportation (CDOT) for Natural Gas Vehicles (NGVs) Fleet Project,
and
WHEREAS, on behalf of the UFR TPR, Weld County collectively contracts the NGV's in
one contract/bid to assist the small communities, and
WHEREAS, a portion of the CMAQ grant funds were awarded to Kersey for one bi-fuel
half -ton, 4 X 4 Pickup, and
WHEREAS, Weld County entered into an Interagency Agreement #17-HA4-XC-00078
#331001583 for I-25 North: SH 402-SH 14 (I-25 Corridor Project) committing $3 million to the
agreement, and
WHEREAS, the US Department of Transportation (USDOT) stopped approving Buy
America Waivers for alternative fuel vehicles, which use the CMAQ grant funds to purchase the
necessary vehicles, and
WHEREAS, to address the funding issue CDOT on October 17, 2019, allowed Weld
County to convert the $3 million local contribution funding for the I-25 Corridor Project to the
previously awarded CMAQ funds on a one -to -one -basis. Freeing up local dollars to enable Weld
County to procure awarded vehicles without federal restrictions or requirements, and
WHEREAS, the grant amount for Kersey is an estimated $40,567 with a local match of
17.21% or $8,433 for a total vehicle cost amount of $49,000 for one half -ton 4 X 4 Pickup.
02002 o IA/46)
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants stated herein,
the parties hereto agree as follows:
Weld County agrees as follows:
Weld County shall assist Kersey in preparing the necessary bid documents for the
purchase of the vehicle.
2. Weld County shall issue the bid and purchase the vehicle through the Weld County
purchasing process in accordance with the Weld County Code.
3. Weld County shall issue a purchase order to the successful bidder upon receipt of
the letter approving the bid and committing to the local match as required below by
Kersey.
4. Weld County shall have the vendor issue the title to the vehicle in Kersey's name
and the ownership shall not pass through Weld County.
5. Weld County is simply the purchasing agent for the vehicle and makes no
guarantees, assurances or warranties regarding the vehicle. Any warranty work for
the vehicle shall be between the vendor selling the vehicle and Kersey upon Kersey
taking possession of the vehicle.
Kersey agrees as follows:
1. Kersey shall provide their bid documents for the purchase of the vehicle and attend
the mandatory pre -bid meeting to answer any vendor questions about their
specifications.
2. Kersey shall review the bids submitted and approve the successful bid in writing to
Weld County prior to awarding the bid.
3, Kersey shall pay a local match of 17.21% of the total vehicle cost of up to $49,000
or $8,433. In the event the cost of the vehicle is more or less than the estimated
$49,000 Kersey shall pay 17.21% of the total vehicle cost amount as the local
match.
4. Upon delivery of the vehicle, Kersey shall inspect and ensure the vehicle meets bid
specifications and pay the local match amount identified in paragraph #3 above.
5. Kersey shall use the vehicle in the manner required in the original CMAQ grant
requirements.
6. Kersey shall allow any state, federal, or Weld County auditors to view any
documents or records associated with this agreement.
7. Kersey understands Weld County is only the purchasing agent and assumes full
responsibility for the vehicle once the delivery and title of the vehicle is accepted
by Kersey.
8. Kersey shall deal directly with the seller of the vehicle regarding any warranty or
other issues with the vehicle once taking possession of the vehicle and title of the
vehicle.
I. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, 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 hereto.
II. NO THIRD PARTY BENEFICIARY ENFORCEMENT: 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.
III. MODIFICATION AND BREACH: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed
valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term, provision, or clause of this Agreement shall
be deemed waived or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any party hereto, or
waiver of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this '
3 day of
-ebru , 2020.
ATTEST: f 't1 COUNTY OF WELD, a political
Weld County Clerk to the B,;�I►"!+� subdivision of the State of Colorado
By:
Deputy CI k to
ATTEST:
By:
Juli
iper, Town C erk
By:
Mike Freeman, Chairman FEB 0 3 2020
Board of County Commissioners
of the County of Weld
TOWN OF KERSEY, a municipality
of the State of Colorado
By:
ary L gr►mayor
o?oA 0- 0406)
RE: IGA FOR GRANTING OF NATURAL GAS VEHICLES AS SUBSTITUTED THROUGH
CMAQ FUNDS - TOWN OF KERSEY
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS 10 F NDING:
ControllerX:210 I rcki4
APPROVED AS TO FORM:
County Attorney
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