HomeMy WebLinkAbout20260170 Resolution
Approve Intergovernmental Agreement for Provision of Toilet Installation Services
for Eligible Residents and Authorize Chair to Sign — City of Greeley
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 Intergovernmental Agreement for the
Provision of Toilet Installation Services for Eligible Residents among 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 City of Greeley, commencing January 1, 2026, and ending December 31, 2026,
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 Intergovernmental Agreement for the Provision of Toilet Installation
Services for Eligible Residents among 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 City of Greeley, 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 Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 28th day of January, A.D., 2026, nunc pro tunc January 1, 2026:
Scott K. James, Chair: Aye
Jason S. Maxey, Pro-Tem: Aye I . \_ 110
Perry L. Buck: Aye 't`:
Lynette Peppler: Aye
Kevin D. Ross: Aye
`(® � �� I
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
G c; l-1 S D 2026-0170
oa 0m a k-o HR0098
C onlva c-I--I) I UZ22
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: Intergovernmental Agreement for the Provisions of Home Water Toilet
Installation Services for Eligible Residents with the City of Greeley
DEPARTMENT: Human Services DATE: January 13, 2026
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: The Department is requesting approval to enter into an
Intergovernmental Agreement (IGA) with the City of Greeley, which will allow the Weld County Youth
Conservation Corps (WCYCC) to provide home toilet installation services to eligible City residents.
Services provided under this agreement include the removal and replacement of toilets that do not
meet Gallons Per Minute (GPM) thresholds.
The IGA outlines that the City of Greeley shall compensate the Department $225.00 per toilet
installation service, for a total amount not to exceed $40,050.00 for the term of the agreement.
The term of this agreement is from January 1, 2026 through December 31, 2026, unless sooner
terminated as provided therein.
What options exist for the Board?
• Approval of the IGA with the City of Greeley.
• Deny approval of the IGA with the City of Greeley.
Consequences: An IGA with the City of Greeley will not be executed.
Impacts: The WCYCC will not provide home toilet installation services to the City of Greeley,
as a result, residents may continue to use toilets that exceed recommended water
usage thresholds, leading to continued excessive water consumption..
Costs (Current Fiscal Year/ Ongoing or Subsequent Fiscal Years):
• Funding for the AmeriCorps staff time and other associated costs will be funded through a
grant award through Service Colorado.
Pass-Around Memorandum; January 13, 2026 — CMS ID 10222
2026-0170
Recommendation: Approval of the Intergovernmental Agreement with the City of Greeley and
authorize the Chair to sign.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey '?
Lynette Peppler
Kevin D. Ross
Pass-Around Memorandum; January 13, 2026—CMS ID 10222
Docusign Envelope ID:E4B28C92-087F-4CB8-8FFC-8FE33AAAA4B4
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF TOILET INSTALLATION SERVICES
FOR ELIGIBLE RESIDENTS
This Intergovernmental Agreement (hereinafter IGA) is made by and between the
Board of County Commissioners of Weld County (hereinafter County) by and on behalf
of the Weld County Department of Human Services' Weld County Youth Conservation
Corps, (hereinafter WCYCC), and the City of Greeley, (hereinafter the City), a Colorado
Home Rule municipality, (collectively, the Parties, and individually, a Party).
RECITALS
WHEREAS, the Parties are authorized to enter into governmental agreements
pursuant to the provisions of the Colorado Constitution, state statute, and each Party's
Home Rule Charter to better serve the citizens of Weld County; and
WHEREAS, pursuant to C.R.S. § 29-1-203, the County and the City desire to
cooperate to provide toilet installation services to eligible residents in the City, and
WHEREAS, the Parties contemplate entering into an intergovernmental agreement
whereby the City will provide the names of eligible residents qualifying for toilet
installation services to the County, and
WHEREAS, the toilet installation services include replacing high-water-use, leaking,
or broken toilets, and
WHEREAS, the County's WCYCC has the means and staff to enable the provision
of such services to eligible residents; and
WHEREAS, the Parties deem it to be in their joint best interests to work with each
other for the purpose of WCYCC providing the toilet installation services for these
eligible City residents.
DEFINITIONS
The following terms shall be defined as follows for purposes of this IGA:
"Customer" means those residential water and sewer customers the City determines to be
eligible for toilet installation following a City water assessment.
"Toilet installation" means renovations limited to repair and/or replacement of household
standard floor standing toilet and water supply line.
"Weld County Youth Conservation Corps" (WCYCC) means an agency under the
umbrella of the Weld County Department of Human Services which provides various
services to the residents of Weld County and Cities therein.
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals incorporated
by reference herein, by mutual promises and covenants contained herein, the
Parties agree as follows:
1. WCYCC Scope of Work. The Parties agree that WCYCC shall provide the
following toilet installation services to eligible City residents, as determined by
the City:
a. WCYCC staff and volunteers will promptly respond to any communication
from City staff, officials, or Customers;
b. WCYCC staff and volunteers will remove and replace old toilets that do not
meet the set Gallons Per Minute (GPM) inside Customers' homes;
c. The City shall pay $225.00 to WCYCC for each individual toilet
installation service, for an amount not to exceed $40,050.00;
d. The eligible City resident that qualified for the toilet installation is not
required to contribute to payment for said services;
e. WCYCC staff and volunteers will provide tools, supplies such as water
supply lines and wax rings as needed, and delivery of toilets for each
individual toilet install service;
f. WCYCC staff and volunteers will obtain all approvals or permits required
by the City in performance of their duties.
2. Term. The term of this Agreement shall be from January 1, 2026, through
December 31, 2026, unless sooner terminated as provided herein.
3. Compensation. The Parties agree that the City shall pay the County for
services performed under this Agreement as follows:
a. The County will submit monthly invoices to the City by the 10th calendar
day of each month for toilet installation services provided to the City
during the previous month; and
b. The City will reimburse the County for the WCYCC's toilet installation
services on a monthly basis. Such payment shall be due by the end of
each month.
4. Non-Compliance. The County acknowledges that significant delays in
communication and toilet installation frustrate the purpose of this IGA. If
WCYCC staff fail to respond to a written request by the City or its Customers
for a toilet installation within fourteen (14) days, or if the City determines that
the County is unable or unwilling to perform the scope of work for any
installation (collectively referred to as "non-compliance"), the City may proceed
with the toilet installation using a third-party contractor. In such cases of non-
compliance, any costs or expenses paid by the City to a third-party contractor
will not be paid to the County.
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If two (2) or more instances of non-compliance occur during the term of this
Agreement (as described in Section 2), the Parties shall follow the dispute
resolution procedures in Section 5.
5. Dispute Resolution. The Parties agree to attempt to resolve any dispute
arising out of this IGA between each other before resorting to court action or
terminating this Agreement. The Parties will cooperate to resolve any dispute
pertaining to this IGA efficiently, as timely as practicable, and at the lowest
possible level with authority to resolve such dispute. If, however, a dispute
persists and cannot be resolved, it may be escalated within each organization
as follows:
For the County: For the City:
First Point of Contact: First Point of Contact:
Dave Woolman Dena Egenhoff
WCYCC Supervisor Water Efficiency Manager
315 N. 11th Ave, Building B 1001 11th Ave, Second Floor
Greeley, CO 80631 Greeley, CO 80631
(970) 673-2538 (970) 350-9846
Second Point of Contact: Second Point of Contact:
Greg Cordova Erik Dial
Employment & Training Operator Deputy Director of Utility Finance
315 N. 11th Ave, Building B and Customer Service
Greeley, CO 80631 1001 11th Ave, Second Floor
(970) 400-6762 Greeley, CO 80631
(970) 350-9893
In the event the Parties cannot then agree on a resolution of the dispute, the Parties,
either jointly or separately, may choose to terminate this Agreement using the
procedures described in Section 6, below.
6. Termination. During the term of this Agreement (as established in Section 2),
either Party may terminate this Agreement upon thirty (30) days' prior written
notice to the other Party. Upon expiration of the notice period, this Agreement
shall terminate, and the Parties' obligation for further performance shall cease;
however, neither Party is released from its duty to perform any required
obligations up to the effective date of termination. This Intergovernmental
Agreement shall terminate immediately if the City loses funding for toilet
installation services, except that the City shall remain liable to the County for the
cost of any products purchased specifically for the toilet installation program that
are not otherwise usable by the County. Upon payment by the City for such
products, the County shall deliver those products to the City.
7. Legal Authority. Both Parties warrant that they possess the legal authority to
enter into this Agreement and that they have taken all actions required by
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established procedures, by-laws, and applicable law to exercise that authority,
and to lawfully authorize their undersigned signatory to execute this Agreement
and to bind the other to its terms. The persons executing this Agreement on
behalf of each Party warrant that such person has full authorization to execute
this Agreement.
8. Record-keeping.
a. Both Parties will maintain accurate records of the following information:
i. Customer's contact information;
ii. Customer's address;
iii. The date the Customer originally requested the toilet installation;
iv. The number of days the Customer has been waiting for an install; and
v. The known toilet installation status (including if an installation is
complete)
b. The Parties will update records of the information in subpart 8.a, above,
in a timely manner.
c. For monitoring and evaluation purposes, each Party will submit records
or reports associated with this Agreement to the other Party upon
request.
d. The County shall send the City monthly reports of toilet installation
services provided to the City, including location, type of toilet
installation(s) completed, and date(s) of completion. Such monthly
reports shall be due by the end of the month.
e. The City shall allow the County the opportunity to review all public records
maintained by the City for toilet installation purposes; and
9. Confidentiality. Except as may otherwise be required by law, both Parties agree
to use best efforts to: maintain the confidentiality of City Customers; not use
Customer personal information for any purpose other than those within the scope
of work defined in this Agreement;and not disclose Customer personal information
to anyone other than those directly involved with this Agreement.
Confidential information will not include information that:
a. Is, at the time of disclosure or thereafter, generally available to the
public; or
b. Is made known to the County by a third party not affiliated with either
the City or the County.
10.Assignment. Neither Party shall assign or transfer any interest in this
Agreement, delegate any of its obligations, nor assign any claims for money due
or to become due under this Agreement, without the prior written approval of
the other Party.
11.Changes and Amendments. No amendment to this Agreement shall be valid
unless it is made in a writing signed by the authorized representatives of the
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Parties.
12.Notice. All notices required to be given by the Parties hereunder shall be given
by certified or registered mail to the individuals at the addresses set forth below.
Either party may from time to time designate in writing a substitute person(s) or
address to whom such notices shall be sent.
For the County: For the City:
Jamie Ulrich Water& Sewer Department
Department Director Attention: Director Sean Chambers
P.O. Box A 1001 11th Ave., Second Floor
Greeley, CO 80632 Greeley, CO 80631
(970)400-6581 (970) 350-9811
13.Liability; Insurance. Both Parties are public entities within the meaning of the
Colorado Governmental Immunity Act, C.R.S: § 24-10-101, et seq., as amended
(Act). Both Parties 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. Nothing in this Agreement shall be construed as a
waiver of the protections of said Act. Upon request by one Party, the other Party
shall show proof of such insurance. Each Party hereto agrees to be responsible
for its own wrongful or negligent acts or omissions, or those of its officers, agents,
or employees to the full extent allowed by law.
14.Independent Contractor. WCYCC staff are independent contractors.
Notwithstanding any provision appearing in this Agreement, all personnel assigned
by Weld County or WCYCC to perform services under the terms of this Agreement
shall be, and remain at all times, employees, or agents of WCYCC for all purposes.
WCYCC or staff is not entitled to workers' compensation benefits, unemployment
insurance benefits unless unemployment compensation coverage is provided by
the WCYCC or some entity other than City, and, to the extent applicable, WCYCC
is obligated to pay federal and state income tax on any moneys earned pursuant
to this Agreement for Professional Services by Independent Contractor.
15.Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado, and any legal action concerning the provisions hereof
shall be brought in the County or District Court in and for Weld County, State
of Colorado.
16.Third Party Beneficiaries. 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 County and
the City. 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 City and the County that any such person or entity, other than County or the
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City, receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
17.Waiver. The waiver of any breach of a term, provision, or requirement of this
Agreement 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.
18.Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable by a court of competent jurisdiction, 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.
19.Entire Understanding. This Agreement, together with all attachments hereto,
constitutes the entire understarnciipg between the Parties with respect to the
subject matter hereof, and may nat•be changed or modified except as stated in
Paragraph 8 herein. This Agreement shall be binding upon the Parties hereto,
their successors, heirs, legal representatives and assigns. The City and the
County may not assign any of its rights or obligations hereunder without the prior
consent of both Parties.
20.Survival of Certain Contract Terms. Notwithstanding anything herein to the
contrary, the Parties understand and agree that all terms and conditions of this
Agreement, any exhibits, or attachments hereto which may require continued
performance, compliance, or effect beyond the termination date of the
Agreement shall survive such termination date and shall be enforceable by either
Party provided herein in the event of such failure to perform or comply by the
other Party.
21.Licenses, Permits, and Responsibilities. County certifies that, at the time of
entering into this Agreement, all necessary licenses, certifications, approvals, and
permits will be obtained to properly perform the services covered by this
Agreement. County warrants that it will maintain all necessary licenses,
certifications, approvals, and permits required to properly perform this Agreement,
without reimbursement by the City or any other adjustment in contract price. Any
revocation, withdrawal or non-renewable of necessary licenses, certifications,
approvals, and permits required for County to properly perform this Agreement,
shall be grounds for immediate termination of this Agreement by the City.
22.Tax Exempt Status. Both Parties are tax-exempt and are not liable for sales,
use, excise, property, or other taxes imposed by any federal, state, or local
governmental taxing authority.
23.Compliance with laws. Both Parties shall comply with all applicable federal
and state laws, rules and regulations in effect or hereafter established.
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24.Conflict of Interest— C.R.S. § 24-18-201, et seq., and C.R.S. § 24-50-507. The
signatories to this Agreement state that to their knowledge, no employee of the
County or City has any personal or beneficial interest whatsoever in the service
or property which is the subject matter of this Agreement.
COUNTY:
ATTEST:W I +�►'.a�ta:ri
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By: d14 �. . �'.'/ �� 144, By:
leputy Clerk to the B. . ` 1 . Sco K. James, Chair
A 4 C/
1 .
1861
.1I
a Colorado home rule municipal corporation
r DocuSigned by:
tVIt YViaL 1/29/2026 1 10:12:15 AM
By'E If k`IJial u 64ys
Deputy Director of Utility Finance
APPROVED AS TO LEGAL FORM
Signed by:
'• 1/29/2026 1 1:35:21 PM
By� ,t 43
Jessica . aybon
Assistant City Attorney
7
zczs-OLJ0
Contract Form
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
CITY OF GREELEY @00001 551 Banner, please email vendor
data to vbanner@weld.gov.
Q Suppliers will begin pulling
from Workday on 1/5/2026.
Contract Name* Contract ID Parent Contract ID
CITY OF GREELEY (IGA FOR TOILET INSTALL SERVICES) 10222
Requires Board Approval
Contract Status Contract Lead* YES
CTB REVIEW WLUNA
Department Project#
Contract Lead Email
wluna@weld.gov;cobbxxl
k@weld.gov
Contract Description*
CITY OF GREELEY NEW IGA FOR TOILET INSTALL SERVICES. CITY SHALL PAY $225.00 TO WCYCC FOR EACH
INDIVIDUAL TOILET INSTALLATION SERVICE, FOR AN AMOUNT NOT TO EXCEED $40,050.00. TERM:JANUARY 1,
2026 THROUGH DECEMBER 31, 2026. BOCC IS FIRST SIGNOR.
Contract Description 2
PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB 01 /14/2026.
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT HUMAN SERVICES Date* 01 /1 7/2026
01 /21 /2026
Amount* Department Email
$0.00 CM- Will a work session with BOCC be required?*
HumanServices@weld.gov NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be
CM-HumanServices- included?
Automatic Renewal DeptHead@weld.gov
Grant County Attorney
IGA GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
10/30/2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/31 /2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01 /15/2026 01 /22/2026 01 /22/2026
Final Approval
BOCC Approved Tyler Ref#
AG 012826
BOCC Signed Date
Originator
BOCC Agenda Date WLUNA
01 /28/2026
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