Loading...
HomeMy WebLinkAbout20072587.tiff RESOLUTION RE: APPROVE AGREEMENT FOR LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) SERVICES AND AUTHORIZE CHAIR TO SIGN - YEAR ONE, INC., DBA MILE HIGH YOUTH CORPS 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 Low-Income Energy Assistance Program (LEAP) 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 of Weld County, Employment Services, and Year One, Inc., dba Mile High Youth Corps, commencing July 31,2007,and ending January 19, 2008,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 Low-Income Energy Assistance Program (LEAP) 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, Employment Services of Weld County, and Year One, Inc., dba Mile High Youth Corps, 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 15th day of August, A.D., 2007, nunc pro tunc July 31, 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: I EXCUSED " David E. Long, Chair Weld County Clerk to th Q Williartt J -13 -Tem BY: Dep y Cle o the Board, William F. Garcia ED A RM: EXCUSED Robert D. Masden unty Attorney o ti tr Douglas ademach Date of signature: q7t/07 2007-2587 HR0078 (la; HS 6-7/ 5 O9-O - O7 MEMORANDUM DATE: August 10, 2007 TO: David E. Long, Chair, Board of Commissioners r FROM: Walter J. Speckman, Executive Director kJ SUBJECT: Agreement for Service between COLORADO Services of Weld County and the Mile High Youth Corps Enclosed for Board approval is an Agreement for Services between the Mile High Youth Corps and Employment Services of Weld County's Weld County Youth Conservation Corps(WCYCC) to allow the WCYCC to provide energy conservation services to LEAP eligible households in Weld County. This project will allow the WCYCC to install low energy compact fluorescent light bulbs (cfl's), low flow shower heads, and provide energy conservation materials to targeted LEAP eligible households and be reimbursed for the materials installed as well as a fixed home rate of $145.46 per household. A total of 300 homes will be targeted during this period of performance. This agreement is a result of the WCYCC's collaboration in the statewide grant between the Governor's Office of Energy Management and Conservation(OEMC)and the Mile High Youth corps acting as the grant fiscal entity. The period of performance for the above projects is July 31, 2007, through January 19, 2008 with potential renewals up to five years. If you have any questions, please telephone me at 353-3800. 2007-2587 • AGREEMENT FOR SERVICES This agreement (hereinafter"Agreement") is entered into by the Weld County Youth Conservation Corps (hereinafter"WCYCC") and Year One Inc., D/B/A Mile High Youth Corps (hereinafter"Mile High Youth Corps") this 31st day of July 2007. The parties, in consideration of the mutual terms and promises as set forth below, agree as follows: 1. Scope of Services by the Contractor The WCYCC agrees to perform the services as described below and as set forth within the following document(s), as applicable, incorporated herein by this reference. • Contract between OEMC and Mile High Youth Corps, Department/Agency Number 361500 EFA, Routing Number 06 EFA • Mile High Youth Corps Memorandum of Understanding concerning Solicitation RFP-JS-00002-07 In consideration of the payment by Mile High Youth Corps for services rendered, the WCYCC promises to provide the professional services necessary to complete the program outlined in this section, including all tasks, objectives, reporting requirements and specifications as required herein. A. Project Description: The WCYCC shall meet the objective of assisting low-income households in the efficient use of electricity and heating fuels, through the expansion of delivery of energy efficiency services throughout Weld County. This pertains to both the number of homes served and the types of energy efficiency services made available to low-income households. The Low Income Energy Assistance Program (LEAP) provides financial assistance with home heating costs to households with income levels at or below 185% of the federal definition of poverty income; therefore LEAP- eligible households will be the target for the services offered by the WCYCC. Generally, the E$P program targets its services for low-income households that have higher than average expenses for home heating and electric usage, particularly on a square foot basis. Numerous low-income homes exist in Weld County that have average or below average levels of gas (850 therms per year) and electric usage (7,000 kilowatt per year) and could benefit from simple, quick-to-install efficiency upgrades. Services to these homes are a primary focus for this agreement. B. Project Obiective and Goal: The objective of the services provided by the WCYCC will be to reduce household energy consumption by means of "quick response" efforts performed by the WCYCC through the mass distribution of energy saving information and devices aimed at low-income households with relatively average or below average levels of electricity and gas consumption. The goal is to reinforce good consumer behaviors and to provide some quick and immediate assistance in lowering energy consumption levels. C. Scope of Work: To achieve the foregoing objectives and goals, the WCYCC shall perform the following work tasks: I. The WCYCC shall deliver specific energy efficiency services, including related safety services and consumer education to income-eligible households. Low-cost, yet, accurate, thermostat cards are to be included with the package of energy efficiency materials provided. The services to be provided are as listed below: • Install compact fluorescent lights (CFLs), where applicable, to replace incandescent bulbs in fixtures that are in use at least 0.5 hours per day • Install high efficiency shower heads to replace any shower head that operates at 2.0 gallons per minute or greater • Install carbon monoxide (CO) detectors and smoke detectors, or a combination detector • Deliver consumer education services to each household served. These services are to promote the following behavioral changes ✓ Measuring and, if appropriate, setting back the temperature on the hot water tank 0 ✓ Setting back the heating system thermostat during daytime use ✓ Setting back the heating system thermostat during nighttime use ✓ Measuring and, if appropriate, increasing the refrigerator temperature ✓ Measuring and, if appropriate, increasing the freezer temperature ✓ Washing laundry in cold water ✓ Acceptance of higher efficiency lighting and shower heads II. The WCYCC shall assure that services are provided only to income-eligible households, by only serving households identified as eligible by the State. III. The WCYCC shall gather, retain and report electronically specific data on the services provided: client name; address; date of service; number of CFLs installed (by wattage); wattages of incandescent bulbs replaced; flow rate of existing shower head; maximum water temperature at the kitchen faucet; and number of shower heads installed. IV. The WCYCC shall conduct follow-up visits with at least five percent (5%) of the households served, either via on-site visits or phone. This will be to confirm receipt of the services, assess client acceptance and satisfaction, inquire as to the functioning of the CO detector and reinforce behavioral changes promoted via the consumer education. V. Services shall be provided as identified (below). Youth Corps Service Number of Per Home Reimb. Reimb Reimb. Rate Reimb. Rate per Reimb. Reimb. Area Homes to Fixed Rate per Rate per per CO Detector Rate per Rate per (County) be Served Reimb. CFL Shower- Temperature installed Smoke Comb. Rate installed head Card (battery/plug-in) Detector Detector installed provided installed installed (Battery) Weld County Weld 300 145.46 2.00 3.00 1.50 22/25 7 30 Youth Conservation Corps Payment shall be on a cost-reimbursement basis, after submittal of monthly client-satisfaction reports and the entry of all data from completed homes into the Home Energy database, by the fifth day of each month. The fixed rate shall be reimbursed for each home served. Material costs shall be incurred in accordance with the per unit rates set forth, above. MHYC agrees to issue payment to WCYCC within thirty(30) days of receipt of reimbursement from the State. The WCYCC agrees that Mile High Youth Corps will recoup 10% of the per-home cost for each home completed through all programs that the WCYCC participates in through this agreement to support the billing and monitoring that the State requires. VI. Final Narrative/Financial Status Reports: The WCYCC shall produce and submit to Mile High Youth Corps a final report providing an accounting of the total work performed which will contain a comprehensive description of the results achieved and document the success and the lessons learned in the project. The WCYCC will maintain a file of all records, documents, communications, and other written materials which pertain to the operation of the program or the delivery of services under this agreement, and will maintain those records for a period of three (3) years after the date of termination of this agreement 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 WCYCC in a central location and the WCYCC shall be custodian on behalf of the State. The WCYCC warrants that it possesses the legal authority to enter into this agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind • the WCYCC to its terms. The person(s) executing this Agreement on behalf of the WCYCC warrant(s) that such person(s) have full authorization to execute this Agreement. The WCYCC will credit the State of Colorado and the Governor's Office of Energy Management and Conservation 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/OEMC does not constitute their endorsement of the views expressed in the article. The Contractor acknowledges that it may come into contact with confidential information contained in the records any way except as authorized by this contract. Confidential information shall not be retained in any files or otherwise by the WCYCC. The WCYCC agrees to cooperate fully with Mile High Youth Corps, to work in good faith, and to mutually assist each other in the performance of this agreement. In connection herewith, the parties shall meet to resolve problems associated with this agreement. 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. 2. Training The WCYCC agrees to participate in appropriate training with conducted by Mile High Youth Corps concerning product installation, product ordering and inventory, project tracking and documentation, and project reporting requirements. 3. Independent Contractor The services to be performed by the WCYCC are those of an independent contractor and not as an employee of Mile High Youth Corps. As an independent contractor, the WCYCC is not entitled to worker's compensation benefits except as may be provided by the WCYCC not to any unemployment insurance benefits. The WCYCC is obligated to pay all applicable federal and state income tax on any monies paid pursuant to this agreement. 4. Term of Agreement: The term of this agreement begins on July 31, 2007, or the date that this agreement is executed and shall end January 19, 2008.This is a multiple-year agreement not to exceed five years and may be renewed for four additional one-year periods, at the sole discretion of the State and the OEMC Contract, contingent upon contractual requirements being satisfied and funds being appropriated, budgeted, and otherwise made available. The total duration of this agreement, including the exercise of any options under this clause, shall not exceed five years. 5. Termination WCYCC understands that the OEMC Contracts Officer may, when the interests of the Agency so require, terminate the Contract with Mile High Youth Corps in whole or in part, for the convenience of the Agency. The Contracts Officer shall give written notice of the termination to Mile High Youth Corps specifying the part of the Contract terminated and when termination becomes effective and Mile High Youth Corps agrees to inform the WCYCC of this information. This in no way implies that the OEMC has breached the Contract by exercise of the Termination for Convenience Clause. Mile High Youth Corps shall reimburse WCYCC for all work completed by it on and prior to the date of termination. The WCYCC shall have the right to terminate the Contract at any time for any reason by providing Mile High Youth Corps written notice of termination received at least 30 days prior to the date of termination. The WCYCC shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the WCYCC will stop work to the extent specified. The WCYCC shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The WCYCC must still complete and deliver to Mile High Youth Corps the work not terminated by the notice of termination and may incur obligations as are necessary to do so. 6. Insurance The WCYCC is a part of Weld County Government and considered a "public entity" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et. seq., as amended ("Act"). The WCYCC under governance of Weld County shall at all times during the term of this Agreement maintain such liability insurance, by commercial policy or self-insurance, as necessary to meet its liabilities under the Act. Upon request by either party, the other party shall show proof of such insurance. 7. Liability Each party assumes responsibility for its negligent actions and omissions, and those of it officers, agents and employees in the performance or failure to perform under this agreement. By agreeing to this provision, neither the WCYCC nor Weld County Government waives or intends to waive, as to any person, the limitations on liability which are provided to the WCYCC and Weld County under the Colorado Government Immunity Act, Section 24-10-101, et. seq. 8. Miscellaneous A. The WCYCC agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act, as amended form time to time, and other applicable law respecting the discrimination and unfair employment practices (CRS §24-34-402), and as otherwise required by State and Federal Laws and Regulations. B. The WCYCC shall provide 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 represents the entire Agreement of the parties. E. No modifications or change to the Agreement will be effective unless it is in writing and signed by both parties. F. The signatories attest to the knowledge that no employee has any personal or beneficial interest whatever in the services or property described herein. AGREED TO AN EPTED THIS 15th DAY OF August , 2007 alt Wickman, Executive ' ector Ke y Cau�utive Director We o my Division of Huma Services Mile High Youth Corps Ted A Long Weld County Youth Conservation C 846000813 Corps Federal ID Number APPROVALS William H. Jerke, Chair Pro—Tem Weld County Board of Commissioners AUG 1 5 2007 �t 7- 25fl m MILEHIGH YOUTHSCORPS Memorandum of Understanding Thanks for taking part in this project(Solicitation RFP-JS-00002-07). The following items outline the initial commitment from the participants in the project. Please initial next to each item to acknowledge your acceptance and sign at the bottom of the page. I commit to fulfilling the terms of the proposal that I submitted. I commit to submitting required project documentation to MHYC in a timely manner. C1c I have read and understand section 1.15 of the RFP (page 4 of 24), which specifies that payment reimbursement requests to the State shall be limited to a maximum of once per month and that this may delay reimbursements from MHYC to participating corps. I will run background checks on all persons involved in the direct installation program. Felonies, sex offenses and theft will make a candidate ineligible from being hired for the direct installation program. I am accountable for all "call backs" and/or repairs that result from work completed by my corps. I understand that Mile High Youth Corps will recoup 10% of the per- home-cost for each home completed through all programs that my corps participates in through this RFP. These funds will support the billing and monitoring that the State requires. Weld County Youth Conservation Corps Signature Name of Youth Corps Ted A. Long July 29, 2007 Printed Name Date Hello