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HomeMy WebLinkAbout20082419.tiff RESOLUTION RE: APPROVE 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, the Board has been presented with an 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 May 19,2008,and ending June 30,2009, 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 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 agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D., 2008, nunc pro tunc May 19, 2008. ' BOARD OF COUNTY COMMISSIONERS )I . WELD COUNTY, COLORADO ATTEST: kiej ����1 I I ' d ' William H. Jerke, Chair Weld County Clerk to the o y 1 f ,t;'EXCUSED ' v.\\ Robert Masd -Tem BY: I ai 2 De y Clerk the Board Willi . Garcia PR ED David E. Long ttorney n �CSlxrrQil � Dougla Rademacher Date of signature: (II 2008-2419 HR0079 F( : HSCIcti &S l� LI" Memorandum Kai 6-14 Date: September 8, 2008 ' To: William H. Jerke, Chair, Board of County Commissioners C. From: Judy A. Griego, Director, Human Se ices Department COLORADO RE: Agreement For S ices B tween the olorad Youth Corps Association and t Board f Weld County Commissioners On Behalf of the eld County Youth Conservation Corps Enclosed for Board approval is an Agreement For Services Between the Colorado Youth Corps Association and the Board of Weld County Commissioners on behalf of the Weld County Youth Conservation Corps. The major provisions of the Agreement are listed below: 1. The project site is the Saint Vrain State Park. The work will consist of removing noxious weeds and transplanting tree saplings in various areas of the park. 2. The fee for the services is $5,200.00 per week and a site visit fee of$250.00. 3. A minimum of eight people including the crew leader will be involved in the project and a minimum of 324 hours will be delivered. 4. The term of the Agreement is from May 19, 2008 through June 30, 2009. If you have any questions please give me a call at extension 6510. Filed BM 09 08 08 4.DOC Page 1 of 1 2008-2419 AGREEMENT FOR SERVICES This agreement (hereinafter "Agreement") is entered into by the Weld County Youth Conservation Corps (hereinafter "Contractor") and the Colorado Youth Corps Association (hereinafter "CYCA") this 19th of May 2008. The parties, in consideration of the mutual terms and promises as set forth below, agree as follows: I. Scope of Services by the Contractor The Contractor agrees to perform the services as described below and as set forth within the following document(s), as applicable, incorporated herein by this reference (Please have authorized signer initial each Project Description attachment provided with Agreement): ✓ Colorado State Parks (CSP) Project Description(s) ✓ Division of Wildlife (DOW) Project Description(s) ✓ Other Project Descriptions as appropriate 2. Training a. The Contractor, specifically crewleaders assigned to CYCA-contracted projects, is required to participate in the CYCA Statewide Crewleader Training to be held May 19-23, 2008 at Mancos State Park at the Contractor's expense for purposes of unifying technical skill and corps member developmental practices. b. The Contractor will be required to have met the CYCA accreditation standards prior to entering into this agreement for all CYCA-contracted projects. 3. Independent Contractor The services to be performed by the Contractor are those of an independent contractor and not as an employee of CYCA. As an independent contractor, the Contractor is not entitled to worker's compensation benefits except as may be provided by the Contractor nor to unemployment insurance benefits. The Contractor is obligated to pay all applicable federal and state income tax on any moneys paid pursuant to this Agreement. 4. Term of Agreement This contract shall begin on May 19, 2008 and end on June 30, 2009. FY 2008-2009 Municipal Corps Contract Page I of 4 1 5. Fees for Services The Contractor will be compensated strictly on a fee-for-service basis for the performance of those services described in the attached Project Description(s). The Contractor shall be reimbursed at a rate described in specific Project Description(s) attached hereto and incorporated herein. CYCA shall pay the Contractor for services performed upon submittal of invoices by the Contractor. Invoices shall provide a detailed description of the work performed, dates work was performed and time allocated toward such performance. Payment shall be made upon approval of a written request from the Contractor, subject to the following conditions: a) Projects in duration of two or more weeks may invoice CYCA no more than once every two weeks with final payment paid upon receipt of project evaluation documentation from the project sponsor when possible. Up to 20% of the final payment may be withheld by CYCA if project evaluation documentation is not received within the current invoicing period that the project was completed, to be paid upon documentation receipt. b) CYCA reserves the right to withhold up to 20% of any project payment for unsatisfactory project performance. c) If any of the services provided as part of CYCA-contracted projects do not conform to contract requirements, CYCA may require the Contractor to perform the services again in conformity with contract requirements, at no additional cost to CYCA. When defects in the quality or quantity of services can not 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. d) Contract compliance requirements- including use of the CYCA Corps Information Database to track corps assignments, project time frame and accomplishments, and submittal of appropriate photos- must be fulfilled on each project prior to contractors being paid for the work performed and invoiced. The Contractor is responsible for all expenses, including personnel, tools, and equipment needed to fully perform these services. FY 2008-2009 Municipal Corps Contract Page 2 of 4 - Y 6. Termination Either party may cancel this Agreement upon fourteen (14) day advance written notice to the other party for any reason. If termination of this Agreement occurs after services have been performed, payment of fees shall only be provided upon submittal of final reporting documents for that portion of the work satisfactorily completed at the effective date of such action. 7. Insurance The City and County are "public entities" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as amended ("Act"). The City and County 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 liabilities under the Act. Upon request by either party, the other party shall show proof of such insurance. 8. Liabili Each party assumes responsibility for its negligent actions and omissions, and those of its officers, agents and employees in the performance or failure to perform under this agreement. By agreeing to this provision, neither the City nor the County waives or intends to waive, as to any person, the limitations on liability which are provided to the City and the County under the Colorado Governmental Immunity Act, Section 24-10-101,et seq. 9. Miscellaneous a. The Contractor agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act, as amended from time to time, and other applicable law respecting discrimination and unfair employment practices (CRS §24-34-402), and as otherwise required by State and Federal Laws and Regulations. b. The Contractor shall procure all permits and licenses, pay all charges, fees and taxes and incidentals that may be required for the lawful execution of the work. c. This Agreement is not assignable. d. This Agreement, with attachments as incorporated herein, represents the entire Agreement of the parties. e. No modification or change to the Agreement will be effective unless it is in writing and signed by both parties. f. The signatories attest that to their knowledge that no employee has any personal or beneficial interest whatsoever in the service or property described herein. FY 2008-2009 Municipal Corps Contract Page 3 of 4 AGREED TO AND ACCEPTED THIS I G i k DAY OF , 2008. 6141g“-' f") ami '!rant, Je nifer Fre , Executive Director e . ounty Youth Conservation Corps Co rado Yo t Corps Association 84-6000-813 Corps Federal ID Number APPROVALS Corps Board President/Officer Signature — CYCA Board Officer William H. Jerke, Chair Board of Weld County Commissioners 09/08/2008 FY 2008-2009 Municipal Corps Contract Page 4 of 4 g— COLORADO YOUTH CORPS ASSOCIATION PROJECT DESCRIPTION T 2008-2009 Colorado State Parks Project Site Location: St. Vrain State Park Project Name: St. Vrain Weed Removal and 'Free Planting CYCA Project ID: 08-1027 (Please include ID on all/future project correspondence. including invoices. sponsor evaluations.project data, etc.) Name of Colorado Youth Corps Program: Weld County Youth Conservation Corps P.O. Box 1805 Greeley. CO 80632 Corps Contact: '[anti Grant Project Contact Information: Roy McBride 3525 State Highway 119 Longmont, CO 80504 (303)485-0186 Project Description: Removal of noxious weeds. Transplant tree saplings from the lake bottom to various areas in the park. Projected Duration of the Project: I week(s) Fee for Service Rate: $5,200 per week Site Visit Fee(include in first project invoice): $ 250 TOTAL CONTRACT AMOUNT: $5,450 Thefollowing minimum standards are required in this agreement: Minimum of 8 people, including crewleader Minimum age of 16 years for corpsmembers and crewleader Minimum of 324 hours per week on project work, exclusive of environmental education and travel time Use of CYCA COOL Guides at a minimum of4 hours per week Submit 10 photos (including shots before, during and after the project) in electronic & hard copy Complete all data entry in CID for corpsmembers. crewleaders, projects and activities PROJECT NOTES& RESTRICTIONS: This project must he completed bv.nne 30, 2009. Corps Initials Hello