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Home My WebLink About20120973.tiff RESOLUTION RE: APPROVE NEW AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - COLORADO YOUTH CORPS ASSOCIATION. 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, by Resolution#2009-2557, dated September 28, 2009,the Board approved an Agreement for Services with Colorado Youth Corps Association, with terms and conditions being stated in said agreement, and WHEREAS, the Board has been presented with a Contract Termination and a new Agreement for Services 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 Human Services, Weld County Youth Conservation Corps, and the Colorado Youth Corps Association, commencing April 4, 2012, and ending April 4, 2017, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said new 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 new Agreement for Services 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 Human Services, Weld County Youth Conservation Corps, and the Colorado Youth Corps Association, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said new agreement. orih4vS %un Li -Ile -l as QS,,. S° 2012-0973 J- °I-1 a HR0083 APPROVE NEW AGREEMENT FOR SERVICES-COLORADO YOUTH CORPS ASSOCIATION. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the16th day of April, A.D., 2012, nunc pro-tunc April 4, 2012. BOARD OF COUNTY COMMISSIONERS Z WELD COUNTY, COLORADO Sean P. o y, hair C Weld County Clerk to the Board E L�` �'� • `ilham . Garcia, r -Tem BY: ..JVI. 7 Deput 7 lerk to the B�"i 1 ` rbara Kirkmey r APP: t S TO FO ®:N14� t l C-C David E. Long // runty Frey lbw arJ��77)irio 7// DouglastRademac r Date of signature: 5- a/-73, 2012-0973 HR0083 MEMORANDUM DATE: April 12, 2012 1861 I� TO: Sean P. Conway, Chair, Board of County Commissioners FROM: Judy A. Griego, Director, Human Services COUNTY RE: Contract Termination and an Agreement for Services between the Weld County Department of Human Services' Weld County Youth Conservation Corps and the Colorado Youth Corps Association Enclosed for Board approval is a Contract Termination and an Agreement for Services between the Department's Weld County Youth Conservation Corps and the Colorado Youth Corps Association. This Agreement was reviewed under the Board's Pass-Around Memorandum dated April 6, 2012, and approved for placement on the Board's Agenda. The Colorado Youth Corps Association (CYCA) would like to update the current 5-year agreement, effective August 19, 2009, between CYCA and the Weld County Youth Conservation Corps (WCYCC). In the request, CYCA would like to terminate the current agreement effective April 4, 2012, and to execute a new agreement effective April 4, 2012, or at the earliest date possible. CYCA provides oversight to Youth Corps across Colorado and awards accreditation as appropriate to associated Youth Corps. In addition to providing oversight, CYCA receives specific federal and state funds to be allocated to accredited Youth Corps. Upon approved project completion, CYCA disseminates funding to the appropriate youth corps. WCYCC has completed projects through agreements with CYCA to include annual projects with St. Vrain State Park, Wray Fish Hatchery and has been approved to complete projects with Ducks Unlimited in 2012. The term of this Agreement if April 4, 2012 through April 4, 2017. If you have any questions, give me a call at extension 6510. 2012-0973 CONTRACT TERMINATION This Contract Termination refers to the Agreement for Services (Agreement) between Colorado Youth Corps Association (CYCA) and Weld County Youth Conservation Corps (WCYCC) for FY 2009-2013. Please accept this letter as our formal notice to you that we will be terminating the Agreement effective April 4, 2012. This also includes all Contract Modifications/Project Descriptions for project work that WCYCC has yet to complete per the original Agreement. i L 2 Jenni e eema , Executive Director, CYCA Date Peter Smith—Board Chairman, CYCA Date In L13A2O1Z Judy iego, rector, W d Cou Dept. of Human Services Date/ in /2 / a Perez, Division H , Employment Services of Weld County Date Board of County Commissioners Weld County, Colorado ATTEST: 5 Weld County Clerk to the Board Sean P. Conway, Chair s Q°a APR 1 6 012 1/42 Deputy Cle to the Board 1561 O **Please sign two copies of this Termination and return to CYCA. Once signed,CYCA will return a fully-executed copy for your records.** D/2-o27= WeAGREEMENT FOR SERVICES o.a RA DO YOUTH CORPS n_SG(hA1HON This agreement (hereinafter "Agreement") is entered into by Weld County Youth Conservation Corps (hereinafter "Contractor") and the Colorado Youth Corps Association (hereinafter "CYCA") this 4`h day of April, 2012. The parties, in consideration of the mutual terms and promises as set forth below, agree as follows: 1. Acceptance This Agreement may be accepted only by returning to CYCA a copy of the Agreement executed on Contractor's behalf by Contractor's director (or equivalent). CYCA may withdraw its offer to enter into this Agreement at any time prior to its acceptance by Contractor. 2. Scope of Services by the Contractor During the Term of this Agreement, CYCA may offer projects to Contractor by delivering to Contractor written Project Contract Modifications. The time and manner for acceptance of any future Project Contract Modification(s) tendered by CYCA to Contractor will be as set forth in the Project Contract Modification(s), but if any tendered Project Contract Modification is silent: as to the manner of acceptance, then Contractor may only accept the Project Contract Modification by returning to CYCA a copy of the Project Contract Modification countersigned by its director; or, as to the time of acceptance, then any Project Contract Modification not accepted within two weeks may be deemed rejected. By accepting any Project Contract Modification, Contractor agrees to provide the services described therein. All work described in Project Contract Modifications accepted by Contractor will be referred to hereinafter as the "Accepted Projects." 3. Accreditation, Training, Certification and Licensure a. Contractor will be in compliance with CYCA's accreditation standards at all times during the Term of this Agreement. b. Contractor will only assign an individual to act as a Crew Leader who has completed a crew leader training program offered by the Contractor that satisfies CYCA's Universal Training Standards. In the event that a Crew Leader who meets this standard is not available, the Contractor will assign an individual and train the individual in an expedient manner according to CYCA's standards. Contractor is responsible for the cost of any training required by this paragraph. FY 2012-2017 Mun c p Corps i i al Agreement for Services Page I of 5 c. Contractor will not perform the application of restricted or unrestricted pesticides unless: (i) an individual is qualified to serve as a Qualified Supervisor explicitly in service to the Contractor; and (ii) the Contractor has successfully secured a Commercial Pesticide Applicator's License from the Colorado Department of Agriculture; and (iii) has employees successfully trained as Applicator Technicians by a Qualified Supervisor employed by the Contractor and at a ratio approved by the State of Colorado; and(iv)that all chemicals being used have been checked against the federal, state, and when applicable, Colorado county restrictions to ensure compliance with all rules, regulations, and restrictions pertaining to pesticide application. 4. Independent Contractor Contractor's sole relationship to CYCA under this Agreement is that of an independent contractor. Contractor is not an employee, partner, or joint venturer of CYCA. Contractor is free to provide services to any other person or entity during the Term of this Agreement, including services similar in kind to the services which Contractor provides to CYCA, and CYCA is free to obtain similar services from other individuals or entities. Because Contractor is an independent contractor. Contractor and its employees, if any, are not entitled to worker's compensation or unemployment insurance benefits except to the extent those benefits may be provided by Contractor. Contractor is obligated to pay all applicable federal and state income tax on any moneys it receives from CYCA pursuant to this Agreement. 5. Term of Agreement The Term of this Agreement shall begin on the date that Contractor accepts this Agreement. This Agreement shall solely govern with respect to any Project Contract Modification tendered or accepted during its Term, notwithstanding any prior agreement which may exist between the parties. Unless sooner terminated in accordance with the provisions hereof, the Term of this Agreement shall continue for a period of five years. 6. Fees for Services With respect to each Accepted Project, CYCA will compensate Contractor in the manner and at the rates set forth in the applicable Project Contract Modification. CYCA shall not be obligated to pay compensation for any work until Contractor has tendered to CYCA an invoice containing a detailed description of the work performed (including the dates the work was performed and time allocated toward such performance). Contractor is responsible for all expenses, including personnel, tools, and equipment, needed to fully perform these services Except where otherwise expressly provided in a particular Project Contract Modifications, the following shall apply with respect to invoicing by Contractor and payment by CYCA: a) With respect to projects lasting two weeks or less, Contractor may not invoice CYCA until the project has been completed. b) With respect to projects lasting more than two weeks, Contractor may invoice CYCA no more than once every two weeks. FY 2012-2017 Municipal Corps Agreement for Services Page 2 of 5 c) CYCA may withhold payment of up to 100% of the final invoice on a project until CYCA receives project evaluation documentation from the project sponsor. d) If any of the services provided by Contractor do not comply with the applicable Project Contract Modification, CYCA may require the Contractor to cure all deficiencies at no additional cost to CYCA (including, if necessary, by performing the services again in conformity with contract requirements) before paying for those services. When defects in the quality or quantity of services cannot be corrected by re-performance, CYCA may 1) require the Contractor to take necessary action to ensure that the future performance conforms to the contract requirements, and 2) equitably reduce the payment due the Contractor to reflect the reduced value of the services performed and/or goods provided. These remedies shall in no way limit the remedies available to CYCA in the termination provision of this contract. e) If Contractor is not in compliance with any administrative requirements included in a Project Contract Modification — such as but not limited to including use of the CYCA database or other contract management system to track Accepted Projects, project time frame and accomplishments, and submittal of appropriate photos — CYCA may withhold payment of all invoices on that project until Contractor is in compliance with those requirements. f) Except as set forth above or in a Project Contract Modification,payment on invoices will be due to CYCA no more than thirty (30) days after project completion. If CYCA or a funder/project sponsor disputes part but not all of an invoice, CYCA will pay the undisputed portion but may withhold the disputed portion pending resolution of the dispute. 7. Termination If a party is in material breach of this Agreement, the other party may terminate this Agreement immediately on written notice to the party in breach. Either party may cancel this Agreement for any reason upon fourteen (14) days advance written notice to the other party. If termination of this Agreement occurs after services have been performed, CYCA's obligation to pay for those services will remain subject to the conditions set forth in paragraph 6 hereof. Paragraphs 9 and 10 hereof shall survive termination of this Agreement. 8. Insurance Contractor represents that it is a "public entity within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended ("Act"). Contractor shall at all times during the term of this Agreement maintain such liability insurance, by commercial policy or self- insurance, as is necessary to meet its potential liabilities under the Act. Upon request by CYCA, Contractor shall provide it with proof of such insurance. FY 2012-2017 Municipal Corps Agreement for Services Page 3 of 5 9. Indemnification Contractor shall indemnify, defend and save harmless CYCA, and its officers, directors, employees, and agents, from and against all liabilities, losses, costs, or expenses (including attorney fees) by reason of liability imposed upon or claim brought against CYCA, which arise out of or result, in whole or in part, from the negligence or other tortious conduct, error, omission, or failure to perform by Contractor, or its employees, agents, or subcontractors (collectively, "Covered Claims"). CYCA retains the right to participate in the defense or settlement of any Covered Claim with counsel of its own selection. Contractor will not enter into any settlement of any Covered Claim without CYCA's prior written consent, which consent shall not be unreasonably withheld or delayed. 10. Miscellaneous a. Any notice required by or given pursuant to this Agreement shall be written and delivered in person, by United States mail (first class, postage prepaid), or by reputable overnight carrier, and addressed as follows: If to CYCA: Colorado Youth Corps Association Attn: Executive Director 225 East Sixteenth Avenue, Suite 475 Denver, CO 80203 If to Contractor: Weld County Youth Conservation Corps Attn: Director, Weld County Department of Human Services 315 N 11th Avenue Building B, P.O. Box 1805 Greeley, CO 80632 b. With respect to all personnel utilized on a CYCA Project, Contractor agrees to comply with all state and federal laws which govern, establish, or protect employee rights, including but not limited to the Colorado Anti-discrimination Act,as amended from time to time. c. Contractor shall procure all permits and licenses and pay all charges, fees, taxes and incidental expenses that may be required for the lawful execution of the work. d. This Agreement is not assignable. e. This Agreement, together with all accepted Project Contract Modifications, constitutes the entire agreement of the parties with respect to the subject matter hereof. f. This Agreement will be governed by the laws of Colorado, and the parties agree that any legal action brought in connection with this Agreement will be brought in a court of competent jurisdiction located within the State of Colorado. FY 2012-2017 Municipal Corps Agreement for Services Page 4 of 5 g. This Agreement will not be construed strictly against either party. In the event of a conflict between the terms of this Agreement and any Project Contract Modification accepted by Contractor, the Project Contract Modification shall control with respect to the project it describes, and this Agreement shall control with respect to all other Accepted Projects. h. No modification or change to the Agreement will be effective unless it is in writing and signed by both parties. i. The signatories attest that to their knowledge no employee has any personal or beneficial interest whatsoever in the service or property described herein. AGREED TO AND ACCEPTED THIS L .1,N,DAY OF I -Dr: , 20 1 . Jud sego, irector Jenri er Fre m: , Executive Director W l County Departme of Hu Services Col ado • h Corps Association -Lind erez, Division Head-' Employment Services of Weld County Contractor ral ID Number APP V S. Pete Smith CYCA Board Chairman Board of County Commisioners Weld County, Colorado ATTEST: 7-5,‘"'"7:14::r �- Weld County Clerk to the Board -an P. Conway, Chair r is Lam APR 1 BY: Deputy Cler o the Board 1861 t O 11 Page 5of5 FY 2012-2017 Municipal Corps Agreement for Services Pa g 07947-J5973 Hello