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Home My WebLink About20101361.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT 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 Agreement for Professional 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 Public Works, and Upstate Colorado Economic Development, commencing May 5, 2010, and ending December 31, 2011, 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 Agreement for Professional 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 Public Works, and Upstate Colorado Economic Development be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D., 2010, nunc pro tunc May 5, 2010. BOARD OF COUNTY COMMISSIONERS ELD , OLORADO ! I ' ATTEST: ', Ell: #30-•04cu- f Efi NO el4 Radem=ch r, hair Weld County Clerk to the Board 11861t( rr i vu ui tiara Kirkmeye , Pro-Tem r L Q B D=• tyCI=r to the Boar �' " 2 --Sean P. colWay) 7-----------F---- AP DASTO �1 , Tom F. Gar County A orney ��— N E 0C1 David E. Long Date of signature: // a 0 CC pW ``�`v- ' 2010-1361 h -‘ ,D-\o EG0062 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 915 10`h Street, Greeley, Colorado, 80631 ("County"), and Upstate Colorado Economic Development, whose address is 822 7`h Street, Suite 550, Greeley, CO 80631, ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from May 5, 2010, through and until December 31, 2011. This Agreement may be renewed for another one (1) year period thereafter upon the written consent of both parties hereto, and is subject to the termination provisions set forth in Paragraph 11, below. 3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A, attached hereto and incorporated herein, according to the timeline set forth on Page 4 of Exhibit A. The Services to be performed shall include, but not be limited to, the Evaluation listed on Page 2 of Exhibit A. Contractor shall comply with all of the terms and requirements of the "Local Agency" as set forth in the Agreement between the State of Colorado, Department of Transportation and Weld County, for the expenditure of CMAQ funds, which Agreement was approved by the Board of County Commissioners on May 26, 2010. 4. Compensation. a. County agrees to pay Contractor for Services performed according to the schedule set forth on Page 3 of Exhibit A. In the event this Agreement is terminated prior to the termination date set forth in Paragraph 11, below, Contractor shall be paid for whatever Services listed on Page 3 of Exhibit A have been completed. b. Contractor shall not be paid any other expenses unless set forth in this Agreement. c. Payment to Contractor will be made only upon presentation of a proper claim by Contractor, itemizing services performed and mileage expense incurred. 1 E O 00,2 2010-1361 d. Payment for services and all related expenses under this Agreement shall not exceed $24,158 during any one (1) year term, unless funding amounts are amended by the Upper Front Range Transportation Planning Region due to addition funds being allocated through the Hire Act. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. 8. Reports County Property. All reports, test results and all other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or 2 omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 11. Termination. Either party may terminate this Agreement at any time by providing the other party with a thirty (30) day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall be paid for work performed as stated in Paragraph 4.a., above. 12. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 13. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with 3 respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. 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. 24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 25. No Third Party Beneficiary. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. CONTRALTO : By: Title: / 'srnekr/C�� ATTEST: ' �``\ BOARD OF COUNTY CLERK TO THE BOARD � VCOMMISSIONERSOF WELD COUNTY By: '/�Xct� n la Deputy Cler o the Board 1'%\1 Dougl s Rade acher, Chairman JUN 2 32010 4 $'0/D-- /3h/ Colorado Department of Transportation UFR Marketing & Education of Natural Gas CMAQ Scope Revised as of 4/14/10 Page 1 of 4 Project Title (Use the same title as in your CMAQ Marketing and Education to Promote Natural Gas application.) Contact Information Elizabeth Relford or Janet Carter Agency Name Weld County Government Agency Address (include city, state, zip) PO Box 758, Greeley, CO 80632-0758 Program Manager Phone Number (970) 304-6497 Ext. 3748 Program Manager E-mail erelford@co.weld.co.usor jcarter@co.weld.co.us Program Manager Fax Number (970) 304-6497 Program Overview Summary The objective of this project is to provide public awareness on the environmental, economic and alternative energy benefits of using natural gas as an alternative transportation fuel. This will be achieved by implementing an individualized marketing program through website development, advertising, and conducting industry "target" meetings to educate specific agencies on converting existing vehicles and large fleets to compressed natural gas fuel or to purchase dedicated CNG vehicles. Program Overview Details Who is your key target audience? Local Governments (i.e., municipalities, school districts, etc.) and Large Industry Fleet Owners. Where will your project take place? Weld County with primary efforts focused along the US 85 Corridor. What is the general time-frame of your project? (i.e during the school year; on- On-going throughout the year. going throughout the year, etc.) What are the key tasks of your project? Task 1: Develop and Administer Webpage/Webpresence A webpage will be created to educate local governments and commercial large fleet owners on the environmental, economic and alternative energy benefits of using natural gas as an alternative transportation fuel, and will include: o Weld County Smart Energy Plan o On-line survey o Educational and resource tools (Encana, Anadarko Er Noble Energy) o Resource links o Other content/tools as determined All materials will be updated and maintained throughout the term of the project. In tandem, Task 2: Develop and Maintain Marketing Materials The first part of this task will be developing concepts, messaging, branding, and outreach for the overall project. Colorado Department of Transportation UFR Marketing & Education of Natural Gas CMAQ Scope Revised as of 4/14/10 Page 2 of 4 For those without internet access or others who simply prefer materials in-hand, hard copy materials will be created and available for distribution. These items will include: o Brochures o Advertising Other pieces as determined All digital and hard copy materials will be updated and maintained throughout the term of the project. Task 3: Target Meetings Since the "target" market is well defined for this project (businesses/companies/local governments with large fleets), the consultant will conduct four target meetings with these fleet- owners to educate on the benefits of natural gas as an alternative transportation fuel. Task 4: Report to CDOT Short-term and longer-term results will be tracked via fleet surveys, as described in the "Evaluation" section. These results will be submitted in a Project Evaluation Report, and to the CMAQ Reporter. Evaluation How will you evaluate the effectiveness Public awareness efforts will be directed to large fleet owners, of your program? such as local governments, including school districts, and commercial/industrial business owners. This project will focus on educating these "target" industries on the benefits of natural gas as an alternative transportation fuel, so through these marketing efforts at least three fleet vehicle conversions will occur. An on-line survey will be created to assess the status of existing fleets and determine if any of the fleet vehicles were converted to natural gas within 2010 and 2011. A hard copy of the same survey will be distributed at the target meetings. Using the surveys, the project will measure the number of vehicle conversions. The statistical significance and confidence intervals of the final project results will be determined based on the number of survey responses. Partnerships The existing partners of this effort include Noble Energy, Please list any organization that is a Anadarko, Encana, Upstate Colorado and Northern Colorado Clean pertinent partner with you in this project. Cities. Additional partners of the Weld County Natural Gas Coalition include: eleven communities along the US 85 Corridor, DCP Midstream, Fuel Tek, Conquest Companies, PDC, Weld County Garage, Hythane, Clean Energy, and AIMS Community College. Colorado Department of Transportation UFR Marketing & Education of Natural Gas CMAQ Scope Revised as of 4/14/10 Page 3 of 4 BUDGET: Year 1 TOTAL CMAQ Match Supplies Printing materials and general office supplies (surveys, brochures, etc.) $2,158 $1,787 $371 4 -Target Meetings $2,000 $1,656 $344 Public Awareness (website development& advertising) $8,000 $5,795 $1,205 Total Supplies $12,158 $10,066 $2,092 Consultants/Subcontractors Upstate Colorado will manage the project and contract with other agencies as needed to accomplish the tasks. $12,000 $4,967 $1,033 Total Consultants/Subcontracts $12,000 $9,934 $2,066 TOTAL YEAR ONE $24158 $20 54158 Year 2 TOTAL CMAQ Match Supplies Printing materials and general office supplies (surveys, brochures, etc.) $2,158 $1,787 $371 4 -Target Meetings $2,000 $1,656 $344 Public Awareness (website maintenance & advertising) _ $8,000 $5,795 $1,205 Total Supplies $12,158 $10,066 $2,092 Consultants/Subcontractors Upstate Colorado will manage the project and contract with other agencies as needed to accomplish the tasks. $12,000 $4,967 $1,033 Total Consultants/Subcontracts $12,000 $9,934 $2,066 TOTAL YEAR TWO $24,158 $20,000 $4,158 TWO YEAR TOTALS $48,316 $40,000 $8,316 Colorado Department of Transportation UFR Marketing & Education of Natural Gas CMAQ Scope Revised as of 4/14/10 Page 4 of 4 2010 2011 Month Month Task: 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Task 1: Develop and Administer Webpage -- Develop O • --Administer O © t © t t t © © © © © © © t i Task 2:Develop and Maintain Marketing Materials -- Develop O t t t • -- Maintain/Update O t t t © t t t t t t © © O © t t Task 3:Target Meetings Conference(s) O O O O Fleet conversion Survey -- Develop O © © © © © © t t t © O t t t t t --Administer O t t t t © © © © © Reports O Evaluation O © t © © O © © © © O Please list any issues regarding your timeframe that may be affected by season, budgeting, etc. (i.e. the project will be implemented in conjunction with a local convention; or, the project will be implemented during the school year, etc.) *Month "1" begins the month you receive your signed contract and letter to proceed from CD0T. 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