HomeMy WebLinkAbout20083319.tiff RESOLUTION
RE: APPROVE CONTRACT FOR ENERGY SAVING PARTNERS PROJECT AND
AUTHORIZE CHAIR TO SIGN - NORTHEASTERN COLORADO ASSOCIATION OF
LOCAL GOVERNMENTS
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 a Contract for the Energy Saving Partners
Project 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 Northeastern Colorado Association of Local Governments,
commencing November 19, 2008, and ending June 30, 2009, with further terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for the Energy Saving Partners Project 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
Northeastern Colorado Association of Local Governments be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 17th day of December, A.D., 2008, nunc pro tunc November 19, 2008.
BOARD OF COUNTY COMMISSIONERS
A WELD COUNTY, COLORADO
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W.lia H. Jerke, Chair
Weld County Clerk to th g Be ? h, R
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Willi F. Garcia
APPROV ) AS T : C, E
David E. Long
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Date of signature: 42, 2A?
2008-3319
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MEMORANDUM
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WE`D DATE: December 15, 2008
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TO: William H. Jerke, Chair, Board of County C mmissioners
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O FROM: Judy A. Griego, Director, Human Services l partn�ent
•
COLORADO RE: Energy Saving Partners Contract between the Weld County
Department of Human Services' Youth Conservation Corps
and Northeastern Colorado Association of Local Governments
Enclosed for Board approval is a Contract between the Northeastern Colorado Association of
Local Governments(NECALG)and the Weld County Department of Human Services on behalf
of the Weld County Youth Conservation Corp for the installation of energy efficient products in
low income households eligible for LEAP assistance. This Contract was presented at the
Board's November 5, and December 15, 2008, Work Session.
The major provisions of this Contract are as follows:
1. Allows for reimbursement up to $89,324.00 calculated at $223.31 per household x 400
homes.
2. The term of this contract is November 19, 2008 through June 30, 2009.
If you have any questions, give me a call at extension 6510.
2008-3319
Energy $aving Partners — Tier II Audit
CONTRACT
THIS CONTRACT, made .December /% °WY, by and between the Northeastern Colorado Association of
Local Governments, hereinafter referred to as NECALG, and the Board of County Commissioners, Weld County
State of Colorado, by and on behalf of the Weld County Youth Conservation Corp., herein after referred to as the
Contractor.
FACTUAL RECITALS
Authority exists and funds for the current fiscal year have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for encumbrance and subsequent payment
of this Contract;and
Under the authority of House Bill 08-1037,enacted by the General Assembly of the State of Colorado, state
severance funds have been appropriated to the Governor's Energy Office hereinafter referred to as GEO or the State
to provide home energy efficiency improvements for income-eligible households; and
GEO is directed by the authorizing statute, as amended, CRS 39-29-109 (Severance tax trust fund— created —
administration — use of moneys —repeal) and HB 08-1037 to utilize a portion of the operational account of the
severance tax fund for the purpose of providing home energy improvements to low-income households and
NECALG which administers the Energy Saving Partners (E$P) using federal grant funds from the U.S.
Departments of Energy (DOE), Health and Human Services (HHS) and state funds, HB08-1037-CRS39-29-109
Severance Tax Trust fund is authorized to provide comprehensive energy efficiency services to income-eligible
households;
NOW THEREFORE, it is hereby agreed that,
1.Term of Contract: (contract effective date)
The time period to be covered by this Contract shall begin on November 19, 2008, or the date the designee,executes
this contract, whichever is later, shall be undertaken and performed in the sequence and manner set forth herein, and
shall end June 30, 2009,
2. The Program
In consideration of the State's promises hereinafter made, the Contractor promises to provide the professional
services necessary to complete the program outlined in this paragraph 1, including all tasks, objectives, reporting
requirements and specifications as required herein.
A. Project Description:The Contractor shall meet the State's objective of assisting low-income households in the
efficient use of electricity and heating fuels,through the expansion of delivery of energy efficiency services. This
expansion pertains to both the number of homes served and the types of energy efficiency services made available to
low-income households. The E$P program targets its services for low-income households. The Tier 1 Audit utilizes
a low-cost approach aimed at producing Tier 2 & 3 referrals to weatherization agencies. Specifically,the
streamlined model is a comprehensive service consisting of three components: a household assessment,energy
education, and energy-efficiency measures.
Assessment—conducting a visual inspection of refrigerator, water heater, heating/cooling system, and the
building shell.
Education—engage resident, referencing brochures/tips, in conversations concerning energy-efficiency
and conservation.
Measures—involve resident with the cost effective installation of compact fluorescent lamps, shower heads,
clothes lines,programmable thermostats, and smoke/carbon monoxide detectors.
B. Project Objective and Goals: The objective is to identify households in need of Tier 2 & Tier 3 services while
providing low-cost installation of energy efficiency devices and energy-saving information. Goal: To reinforce
a%a'`J'— 33/
good consumer behaviors and to provide some quick and immediate assistance in lowering energy consumption
levels.
C. Scope of Work: To achieve the foregoing Contract objectives and goals, the Contractor shall perform the
following work tasks:
Task i. Contractor shall deliver specific energy efficiency services including assessment, measures and consumer
education to income eligible household. The services to be provided are listed below:
• Gather background household information
• Assessment of refrigerators and freezers
• Assessment of hot water heater
• Assessment of the heating&cooling system
• Assessment of the building shell
• Deliver education materials
• Provide education that covers these concepts and behavioral changes:
o Measuring and if appropriate, increasing refrigerator temperatures;
o Measuring and if appropriate, increasing freezer temperatures;
o Measuring and if appropriate, setting back the water heater temperature;
o Setting back the heating system during daytime&nighttime use;
o Setting appropriate temperature for cooling system;
o Importance of proper insulation&air sealing;
o Benefits of using energy-efficient Compact Fluorescent Lamps(CFLs);
o Benefits of using water-efficient shower heads;
o Benefits of using cold water;
o Using a clothesline;
o Using an automatic dryer setting;
o Safety features of a smoke/co detector;
o Importance of the ENERGY STAR logo;
o Indentifying all improvements made;
o Explaining all improvements made;
o Informing of potential energy savings;
o If appropriate, additional energy conservation& savings concepts;
• Engage client if appropriate, to assist with installation of measures
• Install 13-23 wattage CFLs (maximum 15) to replace incandescent bulbs in fixtures used the most,
especially in common areas with a minimum of 1/2hr daily use
• Install 1.5 gallon per minute (GPM) shower heads (maximum 2) where existing fixture flows at 2.5 GPM
or greater
• Install retractable clothesline if appropriate,where there is an existing electric or gas dryer
• Install programmable thermostat if appropriate, and existing thermostat is not manually set-back
• Install combination smoke / carbon monoxide detector if appropriate, and combustible appliances are
present
Task ii. Contractor shall assure that services are provided only to income-eligible households, via only serving
households identified as eligible by the State. Electronic data files containing client name and address shall be
provided by the GEO.
Task iii. Contractor shall gather, retain and report electronically specific data on the services provided, including:
client name, address, date of service, number of CFL's provided (by wattage), number of shower heads provided,
number of setback thermostats provided, number of retractable clotheslines provided, and number of combination
smoke/carbon monoxide detectors. Contractor shall also provide an assessment on the refrigerator/freezer, water
heater, heating & cooling system, and the building shell. The GEO will provide the Tier 1 Audit form and the
Monthly Report template.
Task iv.The NECALG shall conduct follow-up visits with at least five percent(5%)of the households served, either
via on-site visits or phone. On-site visits must account for at least three percent(3%) and must be accompanied by
the program lead from Weld County Youth Conservation Corp. This interaction is to confirm receipt of the services
(education and measures) inquire as to whether the devices have been installed and determine client acceptance and
satisfaction.
Task v. Services shall he provided in the counties identified. The number of homes targeted in each county can he
adjusted with written request to 400(below)
Service Area (Counties) Estimated Number of Homes to be Served
Weld 400
Target number of homes: 400
Budget: Total Project Cost(See Cost& Budget Summary-Attachment 1)
Task vi. Final Narrative/Financial Status Reports:
The Contractor shall produce and submit to the NECALG a Final Report that shall provide an accounting of the total
work performed,and shall contain a comprehensive description of the results achieved,documenting the success/lessons
learned/technology transfer of the project. The Contractor shall also submit a Final Financial Status Report(FSR).
Timeline/Deliverables: The Contractor shall submit to NECALG a draft of the Final Project Report and Final
Financial Status Report within 30 days of the end of the contract for the NECALG's review and approval. One hard
copy originals and one electronic copy of the Final Reports shall be submitted to NECALG not later than 30 days
following the end of the contract.
3. Priority of Interpretation
The provisions of this contract shall govern the relationship of the NECALG and the Contractor. In the event of
conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies
shall be resolved by reference to the documents in the following order of priority: the terms and provisions of this
Contract; Exhibit A.
4. Contract Price
In consideration for work and services performed, the NECALG shall pay the Contractor at the rates set forth herein
for labor and/or materials and approved related costs including travel expenses not to exceed the ceiling price of
$223.31/UNIT. The maximum amount available for services under this contract for fiscal year 2008-2009 is
$89,324.00. The Contractor shall successfully complete the contracted services in accordance with contract
requirements within the ceiling price specified herein. Contractor shall be reimbursed for labor and material as
described in Exhibit A targeted cost per unit. The targeted cost per unit can be adjusted with the approval of the
NECALG if the Contractor is able to document a higher cost to administer the program than projected, also the cost
to modify the database may be included in the direct install cost once that cost been determined. Travel expenses
shall be billed in accordance with rates described in paragraph 5, below.
5. Payment Terms
A. i.Billing Procedures
The State shall establish billing procedures and pay the Contractor the contract price for reasonable,
allocable, and allowable costs for work and rate for services performed and accepted based on satisfactory
progress of the tasks defined in the Statement of Work, paragraph 2, of this Contract. Payment shall also
be contingent upon NECALG's timely receipt and acceptance of required reports per paragraph 6 herein.
The Contractor shall submit invoices monthly on forms provided by and in a manner prescribed by
NECALG, providing a detailed account of the amount of costs incurred, relating to line items per the Cost
& Budget Summary, incorporated and made a part hereof, and referenced for identification as Attachment
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds
encumbered for the purchase of the described services and/or goods. The liability of the NECALG, at any
time, for such payments shall he limited to the amount remaining of such encumbered funds. Incorrect
payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the
Contractor by deduction from subsequent payment under this Contract or other contracts between the
NECALG and the Contractor, or by the State as a debt due to the State. Invoices shall be sent to -
NECALC Home Weatherization Program,231 Main Street,Suite 211, Fort Morgan,CO 80701.
Payment shall be mailed to - Weld County Youth Conservation Corps. Per Lennie Bottorff, Fiscal Agent
they should be mailed to 315 N Ilth Avenue/ PO Box A, Greeley CO 80632. NECALG shall make
payment in full with respect to each invoice no later than Thirty (30) WORKING days of receipt thereof;
provided that the amount invoiced represents goods and/or services which have been accepted by
NECALG and the form of the invoice is acceptable to the NECALG. A liability shall not arise if a good
faith dispute exists as to NECALG'S obligation to pay all or a portion of the liability. The NECALG shall
withhold payment (of up to) the final ten percent (10%) of the total Contract amount until the Contractor
has submitted and GEO has accepted all required financial, progress, evaluation, and performance reports
enumerated in this Contract or any of its Exhibits or Attachments.
In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion
of the NECALG until completion of final audit.
B.Travel Expenses: Travel costs for Vendor's services where permitted by this Contract and pre-approved
by NECALG will be reimbursed per established and approved Contractor rates,or those of the NECALG if
no pre-approved rate exists.
6. Reports
A. Monthly Report shall be submitted to the NECALG during the term of this Contract on the tenth day of
the following month. The Contractor shall submit its report to the NECALG and an authorized person shall
sign the report at the end. The format of the report shall be as provided to the contractor by the NECALG
and or GEO. The report shall indicate the status of work to be performed pursuant to this Contract and shall
indicate clearly whether work is proceeding according to schedule,ahead of schedule or behind schedule. If
the work is behind schedule, the report shall include a summary of the reasons for the delay and a plan of
action to bring the project back on schedule, which shall he subject to review and approval by the
NECALG prior to implementation.
B. The Monthly Report shall contain a Request For Payment (RFP)-Attachment 2 summarizing
expenditures on a form to he provided by the NECALG. Expenditures shall be shown for each line item on
a month-by-month basis. The Monthly RFP-Attachment 2 shall serve as the basis for payment to the
Contractor in addition to the monthly invoices with supporting data.
7. Maintenance of Records
The Contractor shall maintain a complete file of all records, documents, communications, and other written
materials which pertain to the operation of programs or the delivery of services under this contract, and shall
maintain such records for a period of three (3) years after the date of termination of this contract or final payment
hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be
pending. All such records, documents, communications and other materials shall be the property of the State, and
shall be maintained by the Contractor in a central location and the Contractor shall be custodian on behalf of the
State.
8. Monitoring
To ensure compliance with the Contract, the NECALG, or its authorized representative(s), shall, at any time during
normal business hours, have the right to enter into the Contractor's premises or other places where work under the
Contract is being performed in order to monitor or otherwise evaluate the work performed or being performed.
When monitoring or evaluation is done by the State on the premises of the Contractor or Subcontractor, the
Contractor or Subcontractor shall provide all reasonable facilities and assistance for the safety and convenience of
the State representatives in performance of their duties. All monitoring and evaluations shall be performed in such a
manner that they shall not unduly interfere with work under this Contract.
9. Legal Authority
The Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to (awfully
authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person(s)
executing this Contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute
this Contract.
10. Remedies
In addition to any other remedies provided for in this Contract, and without limiting its remedies otherwise available
at law, if the Contractor substantially fails to satisfy or perform the duties and obligations in this Contract, the
NECALG may, after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the
Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or
a decision to terminate in accordance with Paragraph 1I below. Substantial failure to satisfy the duties and
obligations shall be defined to mean significant insufficient, incorrect or improper performance, activities, or
inaction by the Contractor. The NECALG may determine to allow such necessary and proper costs which the
Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and
reasonable for the conduct of the project.
Any unexpected problem or occurrence that may jeopardize compromise or adversely affect the program shall be
immediately reported to the NECALG and discussions of possible solutions shall be discussed and recorded
UNLESS action must be taken without delay, in which case the problem/occurrence and action taken must be
recorded and reported to the NECALG as soon as possible.
The foregoing remedies are cumulative and the State, in its sole discretion, may exercise any or all of them
individually or simultaneously.
I I. Contract Termination. This Contract may be terminated as follows:
A.Termination Tor Convenience:
i. Termination: The NECALG may, when the interests of the Agency so require, terminate
this Contract in whole or in part, for the convenience of the Agency. The Contracts Officer
shall give written notice of the termination to the Contractor specifying the part of the
Contract terminated and when termination becomes effective. This in no way implies that the
NECALG has breached the Contract by exercise of the Termination for Convenience Clause.
ii. Contractor's Obligations: The Contractor shall incur no further obligations in connection
with the terminated work and on the date set in the notice of termination the Contractor will
stop work to the extent specified. The Contractor shall settle the liabilities and claims arising
out of the termination of subcontracts and orders connected with the terminated work. The
Contracts Officer may direct the Contractor to assign the Contractor's right, title, and interest
under terminated orders or subcontracts to the NECALG. The Contractor must still complete
and deliver to the NECALG the work not terminated by the Notice of Termination and may
incur obligations as arc necessary to do so.
iii. Compensation:
(a)The Contractor shall submit a termination claim specifying the amounts due
because of the termination for convenience together with cost or pricing data bearing on
such claim. If the Contractor fails to file a termination claim within 90 days from the
effective date of termination, the NECALG may pay the Contractor, if at all, an amount
set in accordance with subparagraph C. of this Section.
(b) The NECALG and the Contractor may agree to a settlement provided the Contractor
has filed a termination claim supported by cost or pricing data and that the settlement
does not exceed the total Contract price plus settlement costs, reduced by payments
previously made by the NECALG, the proceeds of any sales of supplies and
manufactured materials made under agreement, and the Contract price of the work not
terminated.
(c)Absent complete agreement, under subparagraph b above of this Section,NECALG
shall pay the Contractor the following amounts, provided the payments agreed to under
subparagraph shall not duplicate payments under this paragraph:
(1)Contract prices for supplies or services accepted under the Contract;
(2)Costs incurred in preparing to perform the terminated portion of the
work plus a fair and reasonable profit on such portion of the work (such
profit shall not include anticipatory profit or consequential damages) less
amounts paid to or to be paid for accepted supplies or services; provided,
however, if it appears that the Contractor would have sustained a loss if the
entire Contract would have been completed, no profit shall he allowed or
included and the amount of compensation shall be reduced to reflect the
anticipated rate of loss.
(3)Costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to the Contractor's obligations paragraph of
this clause. These costs must not include costs paid in accordance with
subparagraph(b)of this Section.
(4)The reasonable settlement costs of the Contractor including
accounting, legal, and clerical, and other expenses reasonably necessary for
the preparation of settlement claims and supporting data with respect to the
terminated portion of the Contract and for the termination and settlement of
subcontracts thereunder, together with reasonable storage, transportation, and
other costs incurred in connection with the terminated portion of this
Contract.
(5)The total sum to be paid the Contractor under this subparagraph (c)
shall not exceed the total Contract price plus settlement costs, reduced by the
amount of payments otherwise made, the proceeds of any sales of supplies
and manufacturing materials under subparagraph B, and the Contract price of
work not terminated.
(d) Cost claimed or agreed to under this section shall be in accordance with applicable
sections of the Colorado State Procurement Code.
B. Termination for Default/Cause. If, through any cause, the Contractor shall fail to fulfill, in a timely and
proper manner, its obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this contract, the NECALG shall thereupon have the right to terminate this
contract for cause by giving written notice to the Contractor of its intent to terminate and at least ten (10)
days opportunity to cure the delimit or show cause why termination is otherwise not appropriate. In the
event of termination,all finished or unfinished documents,data, studies, surveys,drawings, maps,
models, photographs, and reports or other material prepared by the Contractor under this contract shall, at
the option of the NECALG, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any services and goods delivered and accepted. This provision shall in no way
limit other remedies available to the NECALG in this contract, or remedies otherwise available at law.
Notwithstanding the above, the Contractor shall not be relieved of liability to the NECALG for any
damages sustained by the NECALG by virtue of any breach of this contract by the Contractor, and the
NECALG may withhold any payment to the Contractor for the purpose of mitigating its damages until such
time as the exact amount of damages due to the NECALG from the Contractor is determined. If after such
termination it is determined, for any reason, that the Contractor was not in default, or that the Contractor's
action/inaction was excusable, such termination shall be treated as a termination for convenience and the
rights and obligations of the parties shall he the same as if this contract had been terminated for
convenience, as described herein.
12. Personnel Requirements
The Contractor represents that it has, or shall secure at its own expense, unless otherwise stated in this Contract or
its attachments,all personnel necessary to perform the work and services required to he performed by the Contractor
under this Contract.
13. Standard Insurance Requirements
A. The Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in
the following kinds and amounts:
1) Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of Contractor's employees acting within the course and scope of their
employment.
2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows:
a)$1,000,000 each occurrence;
b)$1,000,000 general aggregate;
c)$1,000,000 products and completed operations aggregate; and
d) $50,000 any one tire.
If any aggregate limits are reduced below $1,000,000 because of claims made or paid the
Contractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to the NECALG a certificate or other document satisfactory to the NECALG showing
compliance with this provision.
3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned
autos)with a minimum limit as follows: 51,000,000 each accident combined single limit.
B. The NE Colorado Association of Local Governments shall be named as an additional insured on the
Commercial General Liability and Automobile Liability Insurance policies. Coverage required of the
contract will be primary over any insurance or self-insurance program carried by the State of Colorado.
C. The insurance shall include provisions preventing cancellation or non-renewal without at least 45
days prior notice to the NECALG by certified mail.
D. The contractor will require all insurance policies in any way related to the contract and
secured and maintained by the contractor to include clauses stating that each carrier will
waive all rights of recovery, under subrogation or otherwise, against the State of Colorado and the
NECALG, its agencies, institutions, organizations, officers, agents,employees and volunteers.
E. All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State and the NECALG.
F.The Contractor shall provide certificates showing insurance coverage required by this
Contract to the NECALG within 7 business days of the effective date of the Contract,but in no
Event later than the commencement of the services or delivery of the goods under the
Contract. No later than 15 days prior to the expiration date of any such coverage, the
Contractor shall deliver to the NECALG certificates of insurance evidencing renewals thereof.
At any time during the term of this Contract, the NECALG may request in writing, and the
Contractor shall thereupon within 10 days supply to the NECALG, evidence satisfactory to the
NECALG of compliance with the provisions of this section.
G. Notwithstanding subsection A of this section, if the contractor is a"public entity"within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq.,as amended("Act'),
the contractor shall at all times during the term of this contract maintain only such liability insurance,
by commercial policy or self-insurance,as is necessary to meet its liabilities under the Act. Upon
request by the NECALG,the contractor shall show proof of such insurance satisfactory to the State
and the NECALG.
14. Project Promotion and Contractor's Acknowledgement of GEO Support
The Contractor and any Subcontractors shall credit the State of Colorado and the Gosernor's Energy Office as a
funding source on all news releases, brochures, technical papers, and other promotional or informational material
and shall include a statement that such support by the State/GEO does not constitute their endorsement of the views
expressed in the article.
15. Representatives and Notice
Representatives. For the purpose of this contract, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in writing new or substitute
representatives:
For The Wx Agency:
HJ Greenwood,NECALG Program Director
231 Main Street,Suit 211
Fort Morgan,Colorado 80701
(970)867-9409 ext. 236
For the Contractor:
Tami Grant, ECYCC Program Director
PO Box 1805
1551 N 17th Ave
Greeley, Colorado 80631
(970)353-3800 ext. 3362
16. Assignment and Successors
The Contractor agrees not to assign rights or delegate duties under this Contract [or subcontract
any part of the performance required under this contract] without the express, written consent of
HJ Greenwood,NECALG Program Director
231 Main Street,Suit 211
Fort Morgan,Colorado 80701
(970)867-9409 ext. 236
[which shall not be unreasonably withheld'. Such consent may include, at the NECALG's sole discretion: 1) the
execution by the NECALG, the Contractor and the Assignee of a Novation Agreement in a form prescribed by the
NECALG, which Novation Agreement will become effective upon NECALG approval or 2) verification by the
NECALG of the assignation. Except as herein otherwise provided, this Contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns. This provision shall not be construed to
prohibit assignments of the right to payment to the extent permitted by section 4-9-318, CRS, provided that written
notice of assignment adequate to identify the rights assigned is received by the NECALG. Such assignment shall
not be deemed valid until receipt by such the NECALG--and the Contractor assumes the risk that such written
notice of assignment is received by the NECALG.
17. Force Majeure
Neither the Contractor nor the NECALG shall be liable to the other for any delay in, or failure of performance of,
any covenant or promise contained in this Contract, nor shall any delay or failure constitute default or give rise to
any liability for damages if, and only to the extent that, such delay or failure is caused by "force majeure". As used
in this Contract "force majeure" means fire, explosion, action of the elements, strike, interruption of transportation,
rationing, court action, illegality, unusually severe weather, or any other cause which is beyond the control of the
party affected and which, by the exercise of reasonable diligence, could not have been prevented by the party
affected.
18. Third Party Beneficiaries
Is it expressly understood and agreed that the enforcement of the terms and conditions or this Contract and all rights
of action relating to such enforcement, shall be strictly reserved to the NECALG and the named Contractor.Nothing
contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It
is the express intention of the NECALG and the Contractor that any such person or entity, other than the NECALG
or the Contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only.
19. Severability
To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof he declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof.
20. Waiver
The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or
requirement.
21. Integration of Understanding
This Contract is intended as the complete integration of all understanding between the parties. No prior or
contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless
embodied in writing.No subsequent novation, renewal, addition, deletion,or other amendment hereto shall have any
force or effect unless embodied in a written Contract executed and approved pursuant to the State Fiscal Rules.
22. Survival of Certain Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of
this Contract and the exhibits and attachments hereto which may require continued performance or compliance
beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Contractor or its Subcontractors.
23. Modification and Amendment
This Contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of
this Contract on the effective date of such change as if fully set forth herein. Except as provided above, no
modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this
contract that is properly executed and approved in accordance with applicable law.
24.Confidentiality
The Contractor acknowledges that it may come into contact with confidential information contained in the records
of the NE Colorado Association of Local Governments. The Contractor shall provide and maintain a secure
environment that ensures confidentiality. The confidentiality of all information will be respected and no confidential
information shall be distributed or sold to any third party nor used by the Contractor or the Contractor's assignees
and/or subcontractors in any way except as authorized by this contract. Confidential information shall not be
retained in any files or otherwise by the Contractor. Disclosure of such information may be cause for legal action
against the Contractor. Defense of any such action shall be the sole responsibility of the Contractor.
25. Cooperation of the Parties
The NECALG agrees to cooperate fully, to work in good faith, and to mutually assist each other in the performance
of this contract. In connection herewith, the parties shall meet to resolve problems associated with this contract.
Neither party will unreasonably withhold its approval of any act or request of the other to which the party's approval
is necessary or desirable.
26. Tax Exempt Status
It is hereby recognized and acknowledged by the Contractor that the NECALG is not liable for any sales, use,
excise,property or other taxes imposed by any federal, state or local government tax authority. The NECALG is also
not liable for any taxes of the Contractor for franchise or related to the income of the Contractor. No taxes of any
kind shall be charged to the NE Colorado Association of Local Governments.
27. Applicable Law
The Contractor shall at all times during the execution of this Contract strictly adhere to and comply with all
applicable Federal, State and Local laws, statutes, regulations, and Executive Orders, as they currently exist and may
hereafter be amended,which arc incorporated herein by this reference as terms and conditions of this Contract.
28.This legal resident section applies to this Grant. Grantee must confirm that any individual natural person
eighteen years of age or older is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq. when
such individual applies for public benefits provided under this Grant by requiring the following:
A. Identification:
The applicant shall produce one of the following personal identifications:
A valid Colorado driver's license or a Colorado identification card,issued pursuant to
article 2 of title 42 C.R.S.;or
A United States military card or a military dependent's identification card;or
A United States Coast Guard Merchant Mariner card; or
A Native American tribal document.
B. Affidavit
The applicant shall execute an affidavit herein attached as Certification and Affidavit,
Affidavit of Legal Residency, stating:
That they are United States citizen or legal permanent resident; or
That they are otherwise lawfully present in the United States pursuant to federal law.
29. Governmental Immunity
Nothing in this Agreement shall he deemed a waiver of the Contractor (Board of County Commissioners of Weld
County State of Colorado by and on behalf of the Weld County Youth Conservation Corp.) granted under the
Colorado Governmental Immunity Act, U.R.S. 24-10-101 et seq.
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AGREED TO AND ACCEPTED THIS /7 DAY OF,1ieee1)ther , 2008',,,,,,
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Judyriego, 'ector h . .Greenwood,NECALG
Weld County Department of Human Services Program Director
1
T i Grant, Program Director
Weld County Youth Conservation Corps
846000813
Corps Federal ID Number
APPOVALS
11 ; / i 2
William Jerke,Chair Andy Anderson
Board of Weld County Commissioners NECALG Board Chairman
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