HomeMy WebLinkAbout20200451.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 - WELD
SCHOOL DISTRICT RE -9 (HIGHLAND)
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
Weld School District RE -9 (Highland), 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 Weld
School District RE -9 (Highland), be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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03/03/03
2020-0451
EG0078
INTERGOVERNMENTAL AGREEMENT FOR GRANTING OF NATURAL GAS VEHICLES AS
SUBSTITUTED PASS -THROUGH CONGESTION MITIGATION AIR QUALITY (CMAQ) GRANT
FUNDS - WELD SCHOOL DISTRICT RE -9 (HIGHLAND)
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: dddv,„ <
Weld County Clerk to the Board
BY:
AP
ounty Attorney
Date of signature: 02A2-(2II
Mike Freeman, Chair
Steve Moreno, Pro-Tem
VACA _T
Barbara Kirkmey
2020-0451
EG0078
INTERGOVERNMENTAL AGREEMENT FOR THE GRANTING OF NATURAL GAS
VEHICLES TO TOWN OF WELD SCHOOL DISTRICT RE -9 AS SUBSTITUTED PASS
THROUGH CONGESTION MITIGATION AIR QUALITY FUNDS (CMAQ)
THIS INTERGOVERNMENTAL AGREEMENT is entered into this 3 day of
, 2020, by and between the Weld School District RE -9 (Highland), a school
district of the State of Colorado, whose address is 210 W. First Street P.O. Box 1390, Ault, CO
80610, hereinafter referred to as "Weld School District RE -9," 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 Weld School District
RE -9 for one bi-fuel school bus, 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 Weld School District RE -9 is an estimated $140,674
with a local match of 17.21% or $29,243 for a total vehicle cost amount of $169,917 for one
school bus.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties hereto agree as follows:
Weld County agrees as follows:
1, Weld County shall assist Weld School District RE -9 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 Weld School District RE -9.
4. Weld County shall have the vendor issue the title to the vehicle in Weld School
District RE -9'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 Weld School
District RE -9 upon Weld School District RE -9 taking possession of the vehicle.
Weld School District RE -9 agrees as follows:
1. Weld School District RE -9 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. Weld School District RE -9 shall review the bids submitted and approve the
successful bid in writing to Weld County prior to awarding the bid.
3. Weld School District RE -9 shall pay a local match of 17.21% of the total vehicle
cost of up to $169,917 or $29,243. In the event the cost of the vehicle is more or
less than the estimated $169,917 Weld School District RE -9 shall pay 17.21% of
the total vehicle cost amount as the local match.
4. Upon delivery of the vehicle, Weld School District RE -9 shall inspect and ensure
the vehicle meets bid specifications and pay the local match amount identified in
paragraph #3 above.
5. Weld School District RE -9 shall use the vehicle in the manner required in the
original CMAQ grant requirements.
6. Weld School District RE -9 shall allow any state, federal, or Weld County auditors
to view any documents or records associated with this agreement.
7. Weld School District RE -9 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 Weld School District RE -9.
8. Weld School District RE -9 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 ?!rciday of
, 20200..
ATTEST:
Weld C . . . ty Clerk to the B
By:
eputy Cl f 'tot e
ATTEST:
school
Mary Claon, Secretary
COUNTY OF WELD, a political
subdivision of the State of Colorado
By:
Mike Freeman, Chairman FEB O 3 2020
Board of County Commissions
of the County of Weld
WELD y��' OOL DISTRICT RE -9, a
d. of the State of Colorado
By:
Scanga,
02o4o-tic/ 5-I(i)
RE: IGA FOR GRANTING OF NATURAL GAS VEHICLES AS SUBSTITUTED THROUGH
CMAQ FUNDS - SCHOOL DISTRICT RE -9
APPROVED. AS TO SUBSTANCE:
Elected Official or Department Head
AP' 'OVED AS • FUNDING•.
Controller
APPROVED AS TO FORM:
„ r
County Attorney
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