HomeMy WebLinkAbout20200450.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 -
SOUTHEAST WELD FIRE DISTRICT
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
Southeast Weld Fire District, 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 Southeast
Weld Fire District, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
CG: PwCic i1), FS.(ow),
CNCTCbC/Cb), POR(0%i0
03 1o3 /2s)
2020-0450
EG0078
INTERGOVERNMENTAL AGREEMENT FOR GRANTING OF NATURAL GAS VEHICLES AS
SUBSTITUTED PASS -THROUGH CONGESTION MITIGATION AIR QUALITY (CMAQ) GRANT
FUNDS - SOUTHEAST WELD FIRE DISTRICT
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: did., G,�, �C,Gto•�
Weld County Clerk to the Board
ounty orney
Date of signature: 02 A2
Mike Freeman, Chair
Steve Moreno, Pro-Tem
Barbara Kirkmey
2020-0450
EG0078
INTERGOVERNMENTAL AGREEMENT FOR THE GRANTING OF NATURAL GAS
VEHICLES TO TOWN OF SOUTHEAST WELD FIRE DISTRICT AS SUBSTITUTED PASS
THROUGH CONGESTION MITIGATION AIR QUALITY FUNDS (CMAO)
THIS INTERGOVERNMENTAL AGREEMENT is entered into this 3rd day of
rw► , 2020, by and between the Southeast Weld Fire District, a special district of the
State of Colorado, whose address is 95 W Broadway St, Keenesburg Colorado 80643, hereinafter
referred to as "Southeast Weld Fire District," 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 Southeast Weld Fire
District for one bi-fuel three -fourth ton, Pickup, and one bi-fuel SUV, and
WHEREAS, Weld County entered into an Interagency Agreement #17-HA4-XC-00078
#331001583 for 1-25 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 Southeast Weld Fire District is an estimated $94,381 with
a local match of 17.21% or $19,619 for a total vehicle cost amount of $114,000 for one bi-fuel
three -fourth ton, Pickup, and one bi-fuel SUV.
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 Southeast Weld Fire District 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
Southeast Weld Fire District.
4. Weld County shall have the vendor issue the title to the vehicle in Southeast Weld
Fire District'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 Southeast Weld Fire
District upon Southeast Weld Fire District taking possession of the vehicle.
Southeast Weld Fire District agrees as follows:
1. Southeast Weld Fire District 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. Southeast Weld Fire District shall review the bids submitted and approve the
successful bid in writing to Weld County prior to awarding the bid.
3. Southeast Weld Fire District shall pay a local match of 17.21% of the total vehicles
cost of up to $114,000 or $19,619. In the event the cost of the vehicles is more or
less than the estimated $114,000 Gilcrest shall pay 17.21% of the total vehicle cost
amount as the local match.
4. Upon delivery of the vehicle, Southeast Weld Fire District shall inspect and ensure
the vehicle meets bid specifications and pay the local match amount identified in
paragraph #3 above.
5. Southeast Weld Fire District shall use the vehicle in the manner required in the
original CMAQ grant requirements.
6. Southeast Weld Fire District shall allow any state, federal, or Weld County auditors
to view any documents or records associated with this agreement.
7. Southeast Weld Fire District 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 Southeast Weld Fire District.
8. Southeast Weld Fire District 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.
�d
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this. day of
Fe -kw(' ry , 2020.
ATTEST:
teG++v1J
Weld Co ty Clerk to the Boar
By:
Deputy Cl
ATTEST:
By:
i! t
S nner Sec
iSecretary
COUNTY OF WELD, a political
subdivision of the State of Colorado
Mike Freeman, Chairman FEB 0 3 2020
Board of County Commissioners
of the County of Weld
SOUTHEAST WELD FIRE DISTRICT, a special
district of the State of Colorado
B
asey , President
a,00,0-04, 6)
RE: IGA FOR GRANTING OF NATURAL GAS VEHICLES AS SUBSTITUTED THROUGH
CMAQ FUNDS - SOUTHEAST WELD FIRE DISTRICT
API3ROVEVSU STANCE:
Elected Official or Department Head
APPROVED AS O F NDING:
f Q 1Y1`Id.
Contro fer
APPROVED AS TO FORM:
County Attorney
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