HomeMy WebLinkAbout20250177.tiffResolution
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 an 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, 2025, and ending December 31, 2025,
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 15th day of January, A.D., 2025, nunc pro tunc January 1, 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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0 If/5
2025-0177
HR0097
Conoc+l49UOZ
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental Agreement for the Provision of Toilet Installation Services for
Eligible Residents between Weld County Department of Human Services and the
City_ of _Greeley.
DEPARTMENT: Human Services DATE: December 10, 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 Greeley, which will allow the Weld County Youth Conservation Corps (WCYCC)
to provide toilet installation services to eligible residents. Services provided to residents may include removing
and/or replacing old toilets that do not meet Gallons Per Minute (GPM) thresholds. The IGA outlines that the
City of Greeley shall pay $180.00 to the Department for each audit service, for an amount not to exceed
$36,000.00 for the term of the agreement.
The term of this agreement is from January 1, 2025 through December 31, 2025, unless sooner terminated.
What options exist for the Board?
• Approval of the IGA with the City of Greeley.
• Deny approval of IGA with the City of Greeley .
Consequences: An IGA with the City of Greeley will not be executed.
Impacts: The Weld County Youth Conservation Corps will not provide toilet installation services
to the City of Greeley residence.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• Funding for AmeriCorps staff time, supplies, delivery, and other associated costs will be funded through
a grant award through Serve Colorado.
Pass -Around Memorandum; December 10, 2024 — CMS 9002
2025-0177
Recommendation:
• Approval of the Intergovernmental Agreement and authorize the Chair to sign.
Support Recommendation Schedule
Place on BOCC Agenda Work Session OtherLComments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
vi
Pass -Around Memorandum; December 10, 2024 -CMS 9002
See () QM&
ina
Karla Ford
From:
Sent:
To:
Subject:
Lori Saine
Monday, December 9, 2024 5:21 PM
Karla Ford
RE: Please Reply #3 PA FOR ROUTING: ES City of Greeley IGA for Toilet Installation
Services (CMS TBD)
Question on this regarding youth corps
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person 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 communicatio-i in 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: Karla Ford <kford@weld.gov>
Sent: Monday, December 9, 2024 1:58 PM
To: Lori Saine <Isaine@weld.gov>
Subject: Please Reply #3 PA FOR ROUTING: ES City of Greeley IGA for Toilet Installation Services (CMS TBD)
Please advise if you support recommendation and to have department place on the agenda.
1
Karla Ford
From:
Sent:
To:
Subject:
Approve
Sent from my iPhone
Mike Freeman
Monday, December 9, 2024 11:4" AM
Karla Ford
Re: Please Reply #3 PA FOR ROUTING: ES City of Greeley IGA for Toilet Installation
Services (CMS TBD)
On Dec 9, 2024, at 12:02 PM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(a�weld.gov :: www.weldgov,com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-4:0op.m.**
<image002.jog>
Confidentiality Notice: This electronic transmission and any attached documents or other writings ore intended only for the person 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 in 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: Sara Adams <sadams@weld.gov>
Sent: Monday, December 9, 2024 9:59 AM
To: Karla Ford <kford@weld.gov>
Cc: Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Chris D'Ovidio
<cdovidio@weld.gov>; Jill Scott <jscott@weld.gov>; Esther Sesick <egesick@weld.gov>; Lennie Bottorff
<bottorll@weld.gov>; Tanya Geiser <tgeiser@weld.gov>; HS -Contract Management <HS-
ContractManagement@co.weld.co.us>
Subject: PA FOR ROUTING: ES City of Greeley IGA for Toilet nstallation Services (CMS TBD)
Hi Karla,
Attached please find the attached PA that has been approved for routing to all five (5)
Commissioners: ES City of Greeley IGA for Toilet Installation Services (CMS TBD).
Thank you,
Docusign Envelope ID: E40E75C8-0388-4614-BD9F-DB561CC70406
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 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 toilet installation 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 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:
"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.
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:
Docusign Envelope ID: E40E75C8-0388-4614-BD9F-DB561CC70406
1. Scope of Work. The Parties agree that WCYCC shall provide the following toilet
installation services to eligible City residents, such residents as determined by the
City:
a. WCYCC staff and volunteers will remove and/or replace old toilets that do not
meet the set Gallons Per Minute (GPM) inside the homes of eligible residents
of the City; and
b. The City shall pay $180.00 to WCYCC for each individual toilet installation
service, for an amount not to exceed $36,000.00; and
c. The eligible City resident that qualified for the toilet installation is not required
to contribute to payment for said services; and
d. 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; 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, 2025, through December
31, 2025, 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 toilet installation 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 toilet installation services provided to
the City, including location, type of toilet installation(s) 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:
2
Docusign Envelope ID: E40E75C8-0388-4614-BD9F-DB561CC70406
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 toilet installation services, except that the City shall be liable to
the County for the cost of any products purchased specifically for the toilet
installation 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:
Elizabeth Barber
Employment Services
Division Head
Dena Egenhoff
Water Conservation Manager
Water and Sewer Department
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 Cit
Jamie Ulrich
Department Director
P.O. Box A
Greeley, CO 80632
(970) 400-6581
City of Greeley Water & Sewer
Attention: Director Sean Chambers
1001 11th Ave., 2nd Floor
Greeley, CO 80631
(970) 350-9811
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
3
Docusign Envelope ID: E40E75C8-0388-4614-BD9F-DB561CC70406
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 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
4
Docusign Envelope ID: E40E75C6-0388-4614-BD9F-DB561CC70406
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.
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 govemmental
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
Docusign Envelope 0_ E40E75C8-0388-4614-BD9F-DB561CC70406
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of
the day, month, and year first above written.
COUNTY:
ATTEST:.la
Weld CoorlttyClttfgf'tb f Te BWafdt-
By:
Deputy Clerk to the
6
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
--s
ck, Chair
JAN 1 5 2025
CITY:
City of Greeley,
a Colorado Home Rule Municipality
1001 11th Avenue, 2nd Floor
Greeley, Colorado 80631
APPROVED AS TO SUBSTANCE
Signed by:
rrclthW
irl3rewafer Raymond C Lee III, City
Manager
Date: 12/26/2024
AVAILABILITY OF FUNDS
p --Signed by:
1'y►�a j if�jau.
Yy turDirector of Finance
Date:12/20/2024
APPROVED AS TO LEGAL FORM
,e-Signad by:
j at. SWau,t4a. Fnr
StaeeyAda, Interim City Attorney
Date: 12/23/2024
LO l' - Oifl
Docusign Envelope ID: E40E75C8-0388-4614-BD9F-DB561 CC70406
, it, ,t
G i�eeley
DOCUMENT ROUTING MEMORANDUM
The purpose of this memorandum is to provide information regarding the attached
document routed to you for your signature.
TO:
(Select Recipients Below - See Signature Authortly Requirements)
Stacey Aurzada, City Attorney: Legal Services greeleygov.com
Tyra Litzau, Finance Director: Tyra.Litzau i greeleygov.com
Blair Snow, Acting City Manager: CMO Admin ct,greeleygov.com
John Gates, Mayor: via CityClerk@e.reeleygov.com
Heidi Leatherwood, City Clerk (Attest): Heidi.Leathenvood@Uureeleygov.com
FROM: Dena Egenhoff, Water Conservation
ON BEHALF OF (If applicable): Weld County
Initials of above: (Must be first in signing order)
RE: Flush and Flow IGA
Executive Summar
•
•
Greeley's Flush and Flow program is a partnership between the Weld County Youth
Conservation Corps (WCYCC) and the City of Greeley, designed to help qualified
families, single-family residential homes directly install up to two free toilets free of
charge. Weld County will be handling the toilet installation process and the City of
Greeley will conduct home water assessment. This customer focus program ran in
2024 and this is a contract renewal.
Time Sensitivity? If yes, deadline date 1/20/2025 and reason:
Contract work will start latest by February 2025.
Legal Review: _
Is this a standard contract as defined by City Code Section 2-184(a)(2) ? m Yes o No o N/A
If this is not a standard contract, and has not been reviewed by CAO, this document may not be routed for signatures.
Please submit for Le • al Review on COGI rior to routin .
•
If this is not a standard contract, which attorney reviewed the document?
Name:
Obtained Approvals, Reviews, or Recommendations (If applicable
o City
Council
•
(specify)
Board or Commission
•Other
Ord./Res.
#:
Date:
Date:
Date:
Contract Amount:
(if applicable)
Send all fully signed documents to City Clerk: CityClerksqi'greeleygov.com
9.8.23
Contractt
Entity Information
Entity Name *
CITY OF GREELEY
Entity ID*
@00001551
❑ New Entity?
Contract Name* Contract ID
CITY OF GREELEY (IGA FOR TOILET INSTALL SERVICES) 9002
Contract Status
CTB REVIEW
Contract Lead *
WLUNA
Contract Lead Email
wluna@weld.gov;cobbxxl
k@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
CITY OF GREELEY NEW IGA FOR TOILET INSTALL SERVICES. TERM: JANUARY 1, 2025 THROUGH DECEMBER 31,
2025.
Contract Description 2
PA ROUTING WITH ENTRY. ETA TO CTB JANUARY 3, 2025.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date* 01/04/2025
01/08/2025
Department Email
CM-
HumanServices@weld.gov
Department Head Email
CM-HumanServices-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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
Contact Info
Review Date *
10/31/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
01/07/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01/15/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
01/08/2025 01/08/2025
Tyler Ref*
AG011525
Originator
WLUNA
Hello