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Home My WebLink About20200447.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 PLATTEVILLE 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 Platteville, 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 Platteville, 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. t Pc..v(£P(cH),p.m cow), acTC(3c.icO) , PoRcatU) 0343/2.0 2020-0447 EG0078 INTERGOVERNMENTAL AGREEMENT FOR GRANTING OF NATURAL GAS VEHICLES AS SUBSTITUTED PASS -THROUGH CONGESTION MITIGATION AIR QUALITY (CMAQ) GRANT FUNDS — TOWN OF PLATTEVILLE 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: d.,de, w j L;e1 Weld County Clerk to the Board BY Iffi.`s.t314_a_.____ Mike Freeman, Chair ,ec-,_e_ PZ‘7-)--e-1,t_,5-- Steve Moreno, Pro -Tern Deputy Clerk to the BoarVACANT AP' ' • ' D AS o my - torney Date of signature: o2/iZAQ Barbara Kirkmey 2020-0447 EG0078 INTERGOVERNMENTAL AGREEMENT FOR THE GRANTING OF NATURAL GAS VEHICLES TO TOWN OF PLATTEVILLE AS SUBSTITUTED PASS THROUGH CONGESTION MITIGATION AIR QUALITY FUNDS (CMAQ) TI•IIS INTERGOVERNMENTAL AGREEMENT is entered into this 2l51 day of January, 2020, by and between the Town of Platteville, a municipality of the State of Colorado, whose address is 400 Grand Avenue, Platteville, Colorado 80651, hereinafter referred to as "Platteville," and the County of Weld, a political subdivision of the State o f Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1 150 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 Platteville for one bi- fuel three -fourth ton, Pickup, and one bi-fuel SUV, and WHEREAS, Weld County entered into an Interagency Agreement # 17-I-IA4-XC-00078 #331001583 for 1-25 North: SH 402-SH 14 (1-25 Corridor Project) committing $3 million to the agreement, and WIIEREAS, 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 1-25 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 WI-IEREAS, the grant amount for Platteville is an estimated $86.102 with a local match of 17.21% or $17,898 fora total vehicle cost amount of $104,000 for one bi-fuel three -fourth ton, Pickup, and one bi-fuel SUV. 2020-0447 6'1 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 Platteville 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 Platteville. 4. Weld County shall have the vendor issue the title to the vehicle in Platteville'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 Platteville upon Platteville taking possession of the vehicle. Platteville agrees as follows: 1. Platteville 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. Platteville shall review the bids submitted and approve the successful bid in writing to Weld County prior to awarding the bid. 3. Platteville shall pay a local match of 17.21% of the total estimated vehicles cost of up to $104,000 or $17,898. In the event the cost of the vehicle is more or less than the estimated $104,000 Platteville shall pay 17.21% of the total vehicle cost amount as the local match. 4. Upon delivery of the vehicle, Platteville shall inspect and ensure the vehicle meets bid specifications and pay the local match amount identified in paragraph #3 above. 5. Platteville shall use the vehicle in the manner required in the original CMAQ grant requirements. 6. Platteville shall allow any state, federal, or Weld County auditors to view any documents or records associated with this agreement. 7. Platteville 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 Platteville. 8. Platteville 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. 11. 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 21ST day of January, 2020. (� ATTEST: e,&ac Weld County Clerk to the B By: Deputy Cle ATTEST: ) By: / Mery Lee/Town Clerk COUNTY OF WELD, a political subdivision of the State of Colorado By: Mike Freeman, Chairman FEB 0 3 2020 Board of County Commissioners of the County of Weld TOWN OF PLATTEVILLE, a municipality of the State of Colorado Adrien Sandoval, Mayor oZooto 76) RE: IGA FOR GRANTING OF NATURAL GAS VEHICLES AS SUBSTITUTED THROUGH CMAQ FUNDS — TOWN OF PLATTEVILLE APP Elected Official or Department Head OVED AS TO SUBSTANCE: APPROVED AS O F JNDING• al kie.a Controller - APPROVED AS TO FORM: County Attorney To: Troy Renken <trenken@plattevillegov.org> Subject: RE: CNG - Present - B2000048 & B2000049 I'm fine with her dropping it off at Admin because I would just have to bring it to them anyway. Is it possible to scan and send by email too? Elizabeth From: Troy Renken <trenken@plattevillegov.org> Sent: Wednesday, January 29, 2020 9:32 AM To: Elizabeth Relford <erelford@weldgov.com> Subject: RE: CNG - Present - B2000048 & B2000049 t.aution: This email originated from outside of Weld County Government sender and know the content is safe. Elizabeth, Do not click links or open attachments unless you recognize the I appreciate being able to get two pickups and agree that the bidders should have said something during the pre -bid meeting if the SUV wasn't an option. I'll get the approval letter to you this week and Mary Lee, our Town Clerk, is going to Greeley this afternoon and will drop off the approved IGA. She was going to drop it off at the admin building but if you want her to drop it off to you directly just let me know the address. Thanks! Troy Renken Town Manager Town of Platteville 400 Grand Avenue Platteville, CO 80651 trenken(aplattevillegov.org From: Elizabeth Relford [mailto:erelford@weldgov.com] Sent: Wednesday, January 29, 2020 8:38 AM To: Troy Renken <trenken@plattevillegov.org> Subject: RE: CNG - Present - B2000048 & B2000049 Hi Troy, I saw that no SUV's received a bid. Wish they would have spoke up more at the pre -bid. If you are good with selecting one of the trucks that were bid, I am fine with the swap. Please include in your approval letter. We need the signed IGA's before bid award. I was anticipating having all the signed IGA's on the Feb. 5th BOCC meeting. Let me know where you are at? Thanks, Elizabeth From: Troy Renken <trenken@plattevillegov.org> Sent: Tuesday, January 28, 2020 9:27 AM 2 To: Elizabeth Relford <erelford@weldgov.com> Subject: FW: CNG - Present - B2000048 & B2000049 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. Elizabeth, Did anyone speak to you about the bid openings last week? The SUV did not have a bid so I told Rose that Platteville would take two F-150 pickups instead but haven't heard back yet. I haven't sent an approval letter as I wanted to verify we'd still get two vehicles even though no one bid on the SUV. Thanks. Troy Renken Town Manager Town of Platteville 400 Grand Avenue Platteville, CO 80651 trenkenAulattevillegov.org From: Rose Everett [mailto:reverett@weldgov.com] Sent: Thursday, January 23, 2020 4:05 PM To: Troy Renken <trenken@plattevillegov.org> Cc: David Springer <dspringer@weldgov.com> Subject: CNG - Present - B2000048 & B2000049 Good afternoon Troy, attached is the tabulation and the 2 bids that were received for your vehicle. Note we did not receive any bids for B2000049. The present indicates that we will have to have your approval letter sent back to us no later than February 7th, so we can do our process. If you have any questions, please feel free to contact myself or David Springer. Thank you. Rose Everett Title: Buyer Department :Purchasing Address: 1150 "0" Street Greeley, CO 80631 tel: 970-400-4222 fax: 970-336-7226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise 3 Hello