Loading...
HomeMy WebLinkAbout20252098.tiffResolution Approve Intergovernmental Agreement for Provision of Home Water Audit Services for Eligible Residents Provided by Weld County Youth Conservation Corps and Authorize Chair to Sign — Town of Erie 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 Provided by the Weld County Youth Conservation Corps 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, and the Town of Erie, commencing upon full execution of signatures, and ending June 30, 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 Provision of Home Water Audit Services for Eligible Residents Provided by the Weld County Youth Conservation Corps 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, and the Town of Erie, 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 23rd day of July, A.D., 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 cc: NSD 2025-2098 H R0097 aenkva& O491 n BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Intergovernmental Agreement for Home Water Audit Services with the Town of Erie DEPARTMENT: Human Services DATE: July 15, 2025 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 Town of Erie, which will 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 Town of Erie shall pay $500.00 to the Department for each individual water audit service, for an amount not to exceed $25,000.00 for the term of the agreement. The term of this agreement is from the Effective Date through June 30, 2026, unless sooner terminated. What options exist for the Board? Approval of the IGA for Home Water Audit Services with the Town of Erie. Deny approval of IGA for Home Water Audit Services with the Town of Erie. Consequences: The IGA with the Town of Erie will not be executed. impacts: The WCYCC will not be able to provide home water audits to eligible residents within the Town of Erie that are intended to help save water. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Funded through the Service Colorado grant award. Recommendation: • Approval of this Intergovernmental Agreement with the Town of Erie 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 Kevin D. Ross Pass -Around Memorandum; July 15, 2025 — CMS ID 9738 2025-2098 7/ 23 N-12-0 1 Intergovernmental Agreement for Home Water Audit Services This Intergovernmental Agreement for Home Water Audit Services (the "IGA") is entered into this 2. Jvc4 day of 3 uLt, 2025 (the "Effective Date"), by and between the Board of County Commissioned of Weld County (the "County"), by and on behalf of the Weld County Department of Human Services' Weld County Youth Conservation Corps ("WCYCC"), and the Town of Erie, a Colorado home rule municipality (the "Town") (each a "Party" and collectively referred to herein as the "Parties"). Whereas, the Parties 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 the Town of Erie; Whereas, pursuant to C.R.S. §§ 29-1-201, et seq., the Parties desire to cooperate to provide home water audit services to eligible residents in the Town; Whereas, the Parties contemplate entering into an agreement whereby the Town will provide the names of eligible residents qualifying for home water audit services to the County; Whereas, the home water audit services include replacing toilets, shower heads, and aerators; Whereas, the WCYCC has the means and staff to enable the provisions of such services to eligible residents; and Whereas, the Parties are entering into this IGA for the purpose of WCYCC providing the home water audit services to eligible residents in the Town. Now, therefore, in consideration of the promises and the mutual covenants herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Definitions. For purposes of this IGA, the following terms shall have the following meanings: a. "Home Water Audit Services" means renovations limited to repair and/or replacement of certain home plumbing fixtures. b. "Plumbing Fixtures" means toilets, shower heads, and aerators. 2. Term and Termination. a. The term of this IGA shall commence on the Effective Date and terminate on June 30, 2026, unless sooner terminated as provided herein. 6/6/2025 IIPROD-NETAPP-OBAS-FSAS.SYSTEMS.DGGDIIINSITE DATA PRODIFILESIERIEiATTACHMENTS1240A3447-8C00-4F3OA255- 63A200FB0B25.DOCX b. Either Party may terminate this IGA upon 30 days' prior written notice to the other Party. If this IGA is terminated by either Party, the Town agrees to pay for any remaining outstanding service already fully completed and not yet paid for, upon an invoice for that service. 3. WCYCC Responsibilities. WCYCC shall provide the following home water audit services to eligible Town residents, as determined by the Town: a. WCYCC staff and volunteers will remove 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 Town. b. WCYCC staff and volunteers will provide tools, supplies, and delivery of fixtures for each individual home water audit service. c. WCYCC staff and volunteers will obtain all approvals or permits required by the Town in performance of their duties. d. The County shall maintain records of home water audit services provided to the Town, including the type of installations completed, and the dates of completion. 4. Town Responsibilities. a. The Town shall allow the County the opportunity to review all public records maintained by the Town for the home water auditing purposes. b. The Town shall submit other reports as requested by the County for monitoring and evaluation purposes. 5. Compensation. The Parties agree that the Town shall compensate the County for services performed under this IGA as follows: a. The County shall submit monthly reports/invoices to the Town by the 10th of each month for individual water audit services provided during the previous month. b. The eligible Town resident that qualified for the home water audit services is not required to contribute to payment for such services. The Town shall pay $500 to WCYCC for each individual home water audit service, for an amount not to exceed $25,000. c. The Town shall pay/reimburse the County for services on a monthly basis by the end of each month. 5. 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 (the "Act"). Each Party 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. Each Party shall at all 2 6/6/2025 ffPROD-NETAPP-0BAS-FSAS.SYSTEMS.DC.GDIIINSITE DATA PRODIFILESIERIEIATTACHMENTS1240A3447-8C00-4F3DA255- 63A200FB0825.DOCX times during the term of this IGA maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by one Party, the other Party shall show proof of such insurance. Nothing in this IGA shall be construed as a waiver of the protections of the Act. 6. Confidentiality. As permitted by law, the Parties agree to use their best efforts to: maintain the confidentiality of the eligible Town resident information; not use the information for any purposes other than contained in the scope of work defined in this IGA; and not disclose the information to anyone other than those directly involved with this IGA. Confidential information will not include information that: at the time of disclosure or subsequent to that time is generally available to the public; or is made known to the County by a third party not connected with the Town or the County. 7. Representatives. For the County: Elizabeth Barber Employment Services Division Head For the Town: Eryka Thorley, Sustainability Manager 8. Notice. All notices required under this IGA shall be given by first class U.S. Mail, addressed as follows: For the County: Jamie Ulrich, Director P.O. Box A Greeley, CO 80632 (970) 400-6581 For the Town: Eryka Thorley, Sustainability Manager 625 Pierce Street Erie, CO 80516 (303) 926-2880 9. Independent Contractor. WCYCC is an independent contractor. Notwithstanding any provision in this IGA, all personnel assigned by the County or WCYCC to perform services under this IGA, and remain at all times, employees, or agents of the County or WCYCC, respectively. WCYCC's staff is not entitled to workers' compensation benefits, 3 6/6/2025 IIPROD-NETAPP-OBAS-FSASSYSTEMS.DC.GDIIINSITE DATA PRODIFILESIERIEIATTACHMENTS1240A3447,8C00-4F3DA255- 63A200FB0B25.DOCX unemployment insurance benefits unless unemployment compensation coverage is provided by the WCYCC or some entity other than the Town. 10. Miscellaneous. a. Governing Law and Venue. This IGA shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this IGA by the Town shall not constitute a waiver of any of the other terms or obligation of this IGA. c. Integration. This IGA constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this IGA. e. Severability. If any provision of this IGA is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. f. Modification. This IGA may only be modified upon written agreement of the Parties. g. Assignment. Neither this IGA nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. h. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of either Party not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. i. Force Majeure. No Party shall be in breach of this IGA if such Party's failure to perform any of the duties under this IGA is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this IGA due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. j. 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. h. Employee Financial Interest/Conflict of Interest. The signatories to this IGA state that to their knowledge, no employee of the County or the Town has any personal or 4 6/6/2025 IIPROD-NETAPP-OBAS-FSAS.SYSTEMS.DGGDIIINSITE DATA PRODIFILESIERIEIATTACHMENTS1240A3447-8C00-4F3DA255- 63A200FB0B25.DOCX beneficial interest whatsoever in the service or property which is the subject matter of this IGA. In Witness Whereof, the Parties have executed this IGA as of the Effective Date. Town of Erie, Colorado Andrew J. Moore, Mayor Attest: ie Stamp, • erk Attest: ,.�4Z .dto; By: Clerk to the Board Deputy Clerk to the Boa 5 Weld County Board of County Commissioners Weld County, Colorado Perry L/Buck, Chair JUL 2 3 2025 6/6/2025 IIPROD-NETAPP-OBAS-FSAS.SYSTEMS.DC.GDIIINSITE DATA PRODIFILESIERIEIATTACHMENTS1240A3447-8C00-4F3DA155- 63A200F80825.DOCX Zo25- 209$ ntract F Entity Information Entity Name * ERIE, TOWN OF Entity ID* @00002374 ❑ New Entity? Contract Name* Contract ID TOWN OF ERIE (INTERGOVERNMENTAL AGREEMENT 9738 FOR HOME WATER AUDIT SERVICES) (WCYCC) 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* TOWN OF ERIE INTERGOVERNMENTAL AGREEMENT FOR HOME WATER AUDIT SERVICES. WCYCC WATER AUDIT. REIMBURSEMENT FROM ERIE NOT TO EXCEED $25,000.00 FOR SERVICES. TERM: EFFECTIVE DATE THROUGH JUNE 30, 2026. Contract Description 2 PA WILL ROUTE TO BOCC ON 7/15/25, ONCE SIGNED, WILL ROUTE WITH THIS ENTRY INTO CMS/ONBASE. Contract Type* AGREEMENT Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 07/19/2025 07/23/2025 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 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 * 04/30/2026 Committed Delivery Date Renewal Date Expiration Date* 06/30/2026 Contact Info 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 07/16/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/23/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07/17/2025 07/17/2025 Tyler Ref # AG 072325 Originator WLUNA Hello