The URL can be used to link to this page

Browse Search

Home My WebLink About20240496.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF HOME WATER AUDIT SERVICES FOR ELIGIBLE RESIDENTS AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS 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 the Provision of Water Audit 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 Evans, commencing January 1, 2024, and ending November 30, 2024, 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 Water Audit 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 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 above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2024, nunc pro tunc January 1, 2024. ATTEST: ddeitmj Weld County Clerk to the Board svci-opruf-t rl . fU W1 c k. - APP Deputy Clerk to the Board County Attorney Date of signature: 31 (4 124 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r.Th Kevin D. Ross, Chair erry L B k, Pro-Tem Mike Freeman Scott K. James cc:HSD 03111/2.4 2024-0496 HR0096 Con c+1D±-7 9 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Intergovernmental Agreement for the Provisions of Home Water Audit Services for Eligible Residents between Weld County Department of Human Services and the City of Evans. DEPARTMENT: Human Services DATE: February 20, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting to enter into an Intergovernmental Agreement (IGA) with the City of Evans, which will allow the Weld County Youth Conservation Corps (WCYCC) to provide home water audit services to eligible residents. Services provided to residents, identified by the City of Evans, 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 shall pay $500.00 to the Department for each audit service for an amount not to exceed $25,000.00. The term of this agreement is from January 1, 2024 through November 30, 2024, unless sooner terminated. Legal (B. Howell) has reviewed and approved this agreement. What options exist for the Board? • Approval of the IGA with the City of Evans. • Deny approval of 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 residence. 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 of $125,000.00 through Serve Colorado. Pass -Around Memorandum; February 20, 2024 - CMS 7839 2024-0496 Z/Z3 Recommendation: • Approval of the Intergovernmental Agreement and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine 49te VI a Ernact �r Pass -Around Memorandum; February 20, 2024 - CMS 7839 Karla Ford From: Sent To: Subject: Approve Sent from my iPhone Mike Freeman Wednesday, February 21, 2024 9:19 AM Karla Ford Re Please«Reply.--SPA FORRROUTINGi='Cityof`Evans`IGA for Home WaterAuditoServices (CMS 7839) On Feb 21, 2024, at 8:49 AM, Karla Ford <kford@weld.gov> wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford 8 Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@welduov.00m :: www.weldgov.com :. **Please note my working hours are Monday -Thursday 7:OOa.m.-5:00p.m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the pence or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication w error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lesley Cobb <cobbxxlk@weld.gov> Sent: Tuesday, February 20, 2024 12:29 PM To: Karla Ford <kford@weld.gov> Cc: Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattetli@weld.gov>; Chris D'Ovidio <cdovidio@wetd.gov>; Esther Gesick <egesick@weld.gov>; Lennie Bottorff <bottorll@weld.gov>; Tanya Geiser <tgeiser@weld.gov>; Tammy Maurer <maurertk@weld.gov>; HS -Contract Management <HS- ContractManagement@co.weld.co.us> Subject: PA FOR ROUTING: City of Evans IGA for Home Water Audit Services (CMS 7839) Good afternoon Karla, Please see the attached PA approved for routing to all five (5) Commissioners: 022O24 ES City of Evans IGA for Home Water Audit Services (CMS 7839) Thank you! Lesley Cobb Contract Management and Compliance Supervisor Weld County Dept. of Human Services 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. 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 $500.00 to WCYCC for each individual home water audit service, for an amount not to exceed $25,000.00; and c. The eligible City resident that qualified for the home water audit services is not required to contribute to payment for said services; and d. WCYCC staff and volunteers will provide tools, supplies, and delivery of fixtures for each individual home water audit service; and e. 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. 2024, through November 30, 2024, 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 10`s 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 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. 2 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: Karina Amaya-Ragland Employment Services Division Head Justine Schoenbacher City of Evans 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 Director P.O. Box A Greeley, CO 80632 (970) 400-6581 Justine Schoenbacher, Water Conservation Coordinator 1100 37' Street Evans, CO 80620-2036 (970)475-1186 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 shalt 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. 3 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 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 4 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. 5 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: Weld C By: lerk to the B+ard Deputy Cler -f o th 6 BOARD OF COUNTY COMMISSIONERS WELD COUN Kevin D. Ross, Chair FEB 2 8 2024 CITY: City of Evans 1100 37° Street Evans, Colorado 80620-2036 Approved as to substance: Ze7 By: Codity Manager Date: .'9-ZO24-- Approved as to form: By: Drew Lyman, eputy City Date: 2 — t 3 2d 2-i Attest: Attorney orney Contract Form Entity Information Entity Name CITY OF EVANS Entity ID* @00001848 Contract Name * Contract ID CITY OF EVANS (INTERGOVERNMENTAL AGREEMENT 7839 FOR THE PROVISION OF HOME WATER AUDIT SERVICES) Contract Lead COBBXXLK Contract Status CTB REVIEW O New Entity? Contract Lead Email cobbxxlk@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # 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, 2024 THROUGH NOVEMBER 30, 2024, UNLESS SOONER TERMINATED. Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. Contract Type" AGREEMENT Amount* $25,000.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 02/24/2024 02/28/2024 Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Termination Notice Period Contact Information Review Date" 09/30/2024 Committed Delivery Date Renewal Date Expiration Date* 11/29/2024 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 CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/22/2024 02/23/2024 02/23/2024 Final Approval BOCC Approved Tyler Ref # AG 022824 BOCC Signed Date Originator COBBXXLK BOCC Agenda Date 02/28/2024 Hello