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
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