HomeMy WebLinkAbout20260786 Resolution
Approve Intergovernmental Agreement for Provision of Home Water Audit Services
for Eligible Residents and Authorize Chair to Sign
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 Intergovernmental Agreement for
Provision of Home Water Audit Services for Eligible Residents 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 City of Evans, commencing March 1, 2026, and ending
February 28, 2027, 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 Provision of Home Water Audit
Services for Eligible Residents 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 City of Evans, 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 8th day of April, A.D., 2026, nunc pro tunc March 1 , 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0786
HR0098
Cbrnf l,ac--QT-I Oz 19
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: Intergovernmental Agreement for the Provisions of Home Water Audit
Services for Eligible Residents with the City of Evans
DEPARTMENT: Human Services DATE: January 27, 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 Evans to allow the Weld County Youth
Conservation Corps (WCYCC) to provide home water audit services to eligible residents. Services
provided to residents may include replacing toilets, shower heads, and aerators that do not meet
Gallons Per Minute (GPM) thresholds. The IGA outlines that the City of Evans will compensate the
Department $50.00 per water audit service and an additional $450.00 for any necessary
replacements, in a total amount not to exceed $25,000.00 for the term of the agreement.
The term of this agreement is 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 Evans.
• Deny approval of the IGA with the City of Evans.
Consequences: An IGA with the City of Evans will not be executed.
Impacts: The Weld County Youth Conservation Corps will not provide home water audit
services to the City of Evans, and as a result residents may continue to use
excessive water.
Costs (Current Fiscal Year/ Ongoing or Subsequent Fiscal Years):
• Funding for AmeriCorps staff time, test kits, change kits and other associated costs will be
funded through a grant award through Service Colorado.
Pass-Around Memorandum; January 27, 2026—CMS ID 10219
2026-0786
Recommendation: Approval of the Intergovernmental Agreement with the City of Evans 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 Peppier d�1"
Kevin D. Ross
Pass-Around Memorandum; January 27, 2026—CMS ID 10219
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals incorporated by
reference herein, by mutual promises and covenants herein contained, the Parties agree
as follows:
1. Scope of Work. The Parties agree that WCYCC shall provide the following home water
audit services to eligible City residents, such residents as determined by the City:
a. WCYCC staff and volunteers will remove and/or replace old plumbing fixtures that
do not meet the set Gallons Per Minute (GPM) threshold such as toilets, shower
heads, and aerators inside the homes of eligible residents of the City; and
b. The City Shall pay $50.00 to WCYCC for each twenty-minute water audit
c. The City shall pay $450.00 to WCYCC for each individual home water installation
service, for an amount not to exceed $23,750.00; and
d. The eligible City resident that qualified for the home water audit services is not
required to contribute to payment for said services; and
e. WCYCC staff and volunteers will provide tools, supplies, and delivery of fixtures for
each individual home water audit service; and
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 March 1, 2026, through February 28,
2027, unless sooner terminated as provided herein.
3. Payment Terms. The parties agree that the City shall pay the County for services
performed under this Agreement as follows:
a. The County shall submit monthly reports/invoices to the City by the 10th of each
month for individual water audit services provided during the previous month; and
b. The City shall pay/reimburse the County for services on a monthly basis by the end
of each month.
c. The City shall allow the County the opportunity to review all public records
maintained by the City for the home water auditing purposes; and
d. The City shall submit other reports as requested by County for monitoring and
evaluation purposes.
e. The County shall maintain records of home water audit services provided to the
City, including type of installations completed, and dates of completion.
4. 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 established procedures,
by-laws, and/or 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.
5. Confidentiality. Except as may otherwise be required by law, both Parties agree to use
best efforts to: maintain the confidentiality of the eligible City resident information; not use
the information for any purposes other than contained in the scope of work defined in this
Agreement; and not disclose the information to anyone other than those directly involved
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INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF HOME WATER AUDIT 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 Evans a municipal corporation situated within Weld County,
(hereinafter the "City") (collectively the "Parties" and individually, a "Party").
RECITALS
WHEREAS the Parties hereto are authorized to enter into governmental agreements
pursuant to the provisions of the Colorado Constitution, state statute, and 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 home water audit services to eligible residents in the City, and
WHEREAS the parties contemplate entering into an agreement whereby the City will
provide the names of eligible residents qualifying for home water audit services to the
County, and
WHEREAS, the home water audit services include replacing toilets, shower heads, and
aerators, 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 home water audit services for these eligible City
residents.
DEFINITIONS
The following terms shall be defined as follows for purposes of this IGA:
"Home Water Audit Services" means renovations limited to repair and/or replacement of
certain home plumbing fixtures.
"Plumbing Fixtures" means toilets, shower heads, and aerators.
"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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with this Agreement.
Confidential information will not include information that:
a. At the time of disclosure or subsequent to that time is generally available to the
public; or
b. Is made known to the County by a third party not connected with the City or the
County.
6. 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.
7. Termination. During the term set forth in Section 2, either party may terminate this
Agreement upon not less than ninety (90) days prior written notice to the other party. If
notice is so given, this Agreement shall terminate upon the expiration of the specified
period set forth in Section 2, and the liability of the Parties hereunder for further
performance of the terms of this Agreement shall thereupon cease; however, neither
Party shall be released from its duty to perform until the date of termination. This
Intergovernmental Agreement shall be terminated immediately in the event the City loses
funding for renovation services, except that the City shall be liable to the County for the
cost of any products purchased specifically for the renovation program and not otherwise
usable by the County. If the City pays for said products, said products shall be delivered
to the City.
8. 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 Parties.
9. Representatives
For the County: For the City:
Carol Slater Justine Schoenbacher
Workforce Center City of Evans
Division Head Water Conservation Coordinator
10.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 Justine Schoenbacher
Director Water Conservation Coordinator
P.O. Box A 1100 37th Street
Greeley, CO 80632 Evans, CO 80620-2036
(970) 400-6581 (970) 475-1186
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11.Liability; Insurance. Both Parties are public entities within the meaning of the Colorado
Governmental Immunity Act, CRS 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.
12.Independent Contractor. WCYCC Staff are independent contractors. Notwithstanding
any provision appearing in this Agreement, all personnel assigned by Weld County and /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.
13.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.
14.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 City receiving services or benefits under this Agreement
shall be deemed an incidental beneficiary only.
15.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.
16.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.
17.Entire Understanding. This Agreement, together with all attachments hereto, constitutes
the entire understanding between the Parties with respect to the subject matter hereof,
and may not 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.
18.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
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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.
19.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 nonrenewable 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.
20.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.
21.Compliance with laws. Both parties shall comply with all applicable federal and state
laws, rules and regulations in effect or hereafter established.
22.Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and
§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.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
�� { COUNTY:
ATTEST: ^�� ! -16e1444A BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
By:
PPAIA21/1 Ora, P
i . .- \4/1
puty Clerk to the Bo.e. .,• iScott K. James, Chair
,--1 ' (
�tn� 8 Lug.:
.,.
(,I N 3 Ci� ty of Evans
1100 37th Street
Evans, Colorado 80620-2036
Approved as to substance:
SSiigned by:
/ �/%/
BY: A7003CCA71CD2444S
Cody R. Sims, City Manager
3/30/2026 112:08:58 PM MDT
Date:
Approved as to form:
Signed by:
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SCR C-�e�
B,: 67000CCOOC7D44C_.
Scott Krob, City Attorney
3/27/2026 14:21:01 PM MDT
Ds Date:
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Attest:
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' ,—Signed by:
SEAL . = Julie Barnett, City Clerk
-,,C' 'O 3/30/2026 1 9:15:43 AM MDT
''�,OCORP�.•' Date:
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Contract Form
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
CITY OF EVANS @00001848 Banner, please email vendor
data to vbanner@weld.gov.
❑Suppliers will begin pulling
from Workday on 1/5/2026.
Contract Name* Contract ID Parent Contract ID
CITY OF EVANS (INTERGOVERNMENTAL AGREEMENT 10219
FOR THE PROVISION OF HOME WATER AUDIT Requires Board Approval
SERVICES) Contract Lead* YES
WLUNA
Contract Status Department Project#
CTB REVIEW Contract Lead Email
wluna@weld.gov;cobbxxl
k@weld.gov
Contract Description*
NEW INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF HOME WATER AUDIT SERVICES THAT WILL BE
CONDUCTED BY THE WELD COUNTY YOUTH CONSERVATION CORPS. TERM: JANUARY 1 , 2026 THROUGH
DECEMBER 31, 2026, UNLESS SOONER TERMINATED.
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB: 01 /07/26.
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT HUMAN SERVICES Date* 01 /10/2026
01 /14/2026
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@W EL
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
03/31 /2026 04/01 /2026 04/01 /2026
Final Approval
BOCC Approved Tyler Ref#
AG 040826
BOCC Signed Date
Originator
BOCC Agenda Date WLUNA
04/08/2026
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