HomeMy WebLinkAbout20194788.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR WELD COUNTY
YOUTH CONSERVATION CORPS (WCYCC) AND AUTHORIZE CHAIR PRO-TEM 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 Agreement for Professional Services
for various services to be performed by the Weld County Youth Conservation Corps (WCYCC)
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 City of
Evans, 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 Agreement for Professional Services for various services to be
performed by the Weld County Youth Conservation Corps (WCYCC) 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 City of Evans, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 18th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dactif44)
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FOR
Tce
s3. County Attorney
Date of signature: 11//7/Iq
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
CC. HSI).
03/05 /7_O
2019-4788
H R0090
/7)4,9.51
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: November 12, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Agreement for Professional Services by
Independent Contractor with the City of Evans
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Agreement for Professional Services by
Independent Contractor with the City of Evans. The Weld County Youth Conservation
Corps (WCYCC) is requesting to partner with the City of Evans on a project in the Tuscany
neighborhood. The City of Evans has purchased the property, which consists of a drainage ditch
and four (4) retention ponds, all of which are covered in noxious weeds and other various tree
species. The WCYCC will clear cut and treat the area for a fixed rate of $35,000. The project is
anticipated to take no more than four (4) weeks. The WCYCC will work with City of Evans
staff to remove the cleared material.
This agreement has been reviewed and approved by Karin McDougal.
I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to
sign.
Approve Schedule
Recommendation Work Session
Sean P. Conway
Mike Freeman, Pro -Tern
Scott James
Barbara Kirkmeyer, ChairaA/awQ_,)
Steve Moreno
Other/Comments:
Pass -Around Memorandum; November 12, 2019 -- (CMS 3237)
Page 1
Cheryl Hoffman
From:
Sent:
To:
Subject:
Approve
Sent from my 'Phone
Barbara Kirkmeyer
Friday, November 15, 2019 10:02 AM
Cheryl Hoffman
Re: Pass around/Agreement for Professional Services by Independent Contractor with
the City of Evans
On Nov 15, 2019, at 7:29 AM, Cheryl Hoffman <choffm an welcifiovhcom> wrote:
Good morning, Barb.
Could you let me know if you approve, please? I know I could go ahead and send with 3
signatures, but I prefer you approve before I send it.
Thanks so much!
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk tthe Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
<image001. jpg>
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From: OV11.03-6,550@co.weldsco.us <CM103-0555( co.weld.:.o,us>
Sent: Friday, November 15, 2019 8:23 AM
To: Cheryl Hoffman <cho11ct@ri1a2weld ov.co - >
Subject: Attached Image
<1921_001.pdf>
1
City of Evans, Colorado
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT
CONTRACTOR
THIS AGREEMENT is made and entered into this 16th day of October 2019, by and
between the City of Evans, State of Colorado (hereinafter referred to as the "City"), and Weld County
Youth Conservation Corps (hereinafter referred to as "WCYCC").
RECITALS:
A. The City requires professional services.
B. WCYCC has held itself out to the City as having the requisite expertise and experience
to perform the required services for the Project.
NOW, THEREFORE, it is hereby agreed, for the consideration hereinafter set forth, that
WCYCC shall provide to the City professional consulting services for the Project.
I. SCOPE OF SERVICES
WCYCC shall furnish all labor and materials to perform the services required for the complete
and prompt execution and performance of all duties, obligations and responsibilities for the Project,
which are described or reasonably implied from Exhibit A, which is attached hereto and incorporated
herein by this reference.
II. THE CITY'S OBLIGATIONS/CONFIDENTIALITY
The City shall provide WCYCC with reports and such other data as may be available to the
City and reasonably required by WCYCC to perform hereunder. No project information shall be
disclosed by WCYCC to third parties without prior written consent of the City or pursuant to a lawful
court order directing such disclosure. All documents provided by the City to WCYCC shall be
returned to the City. WCYCC is authorized by the City to retain copies of such data and materials at
WCYCC's expense.
III. OWNERSHIP OF INSTRUMENTS OF SERVICE
The City acknowledges that the WCYCC's documents are an instrument of professional
service. Nevertheless, the documents prepared under this Agreement shall become the property of
the City upon completion of the services. Any reuse of the WCYCC's documents is at the City's own
risk.
IV. COMPENSATION
A. In consideration for the completion of the services specified herein by WCYCC, the
City shall pay WCYCC an amount not to exceed thirty-five thousand dollars ($35,000). Payment shall
be made in accordance with the schedule of charges in Exhibit A, which is attached hereto and
incorporated herein by this reference. Invoices will be itemized and include hourly breakdown for all
personnel and other charges. The maximum fee specified herein shall include all fees and expenses
incurred by WCYCC in performing all services hereunder.
City of Evans, Colorado PROFESSIONAL SERVICES AGREEMENT
Revised 6/26/19
a0/9-473! 62
B. WCYCC may submit monthly or periodic statements requesting payment. Such
request shall be based upon the amount and value of the services performed by WCYCC under this
Agreement, except as otherwise supplemented or accompanied by such supporting data as may be
required by the City.
1. All invoices, including WCYCC's verified payment request, shall be submitted by
WCYCC to the City no later than the twenty-fourth (24th) day of each month for
payment, pursuant to the terms of this Agreement. In the event WCYCC fails to
submit any invoice on or before the twenty-fourth (24th) day of any given month,
WCYCC defers its right to payment, pursuant to said late invoice, until the following
month.
2. Progress payments may be claimed on a monthly basis for reimbursable costs actually
incurred to date as supported by detailed statements, including hourly breakdowns for
all personnel and other charges. The amounts of all such monthly payments shall be
paid within thirty (30) days after the timely receipt of invoice, as provided by this
Agreement.
C. The City has the right to ask for clarification on any WCYCC invoice after receipt of
the invoice by the City.
D. In the event payment for services rendered has not been made within forty-five (45)
days from the timely receipt of the invoice for any uncontested billing, interest will accrue at the rate
of twelve percent (12%) per annum compounded annually. In the event payment has not been made
within ninety (90) days from the receipt of the invoice for any uncontested billing, WCYCC may, after
giving seven (7) days' written notice and without penalty or liability of any nature, suspend all
authorized services specified herein. In the event payment in full is not received within thirty (30)
days of giving the seven (7) days' written notice, WCYCC may terminate this Agreement. Upon receipt
of payment in full for services rendered, WCYCC will continue with all authorized services.
E. Final payment shall be made within sixty (60) calendar days after all data and reports
(which are suitable for reproduction and distribution by the City) required by this Agreement have
been turned over to and approved by the City and upon receipt by the City of WCYCC's written
notification that services required herein by WCYCC have been fully completed in accordance with
this Agreement and all data and reports for the Project.
V. COMMENCEMENT AND COMPLETION OF SERVICES
Within seven (7) days of receipt from the City of a Notice to Proceed, WCYCC shall
commence services on all its obligations as set forth in the Scope of Services or that portion of such
obligations as is specified in said Notice. Except as may be changed in writing by the City, the Project
shall be complete and WCYCC shall furnish the City the specified deliverables, as provided in
Exhibit A.
VI. CHANGES IN SCOPE OF SERVICES
A change in the Scope of Services shall constitute any material change or amendment of
services which is different from or additional to the Scope of Services specified in Section I of this
Agreement. No such change, including any additional compensation, shall be effective or paid, unless
2
City of Evans— Professional Services Agreement Form Revised 6/26/19
authorized by written amendment executed by the City. If WCYCC proceeds without such written
authorization, then WCYCC shall be deemed to have waived any claim for additional compensation,
including a claim based on the theory of unjust enrichment, quantum merit or implied contract.
Except as expressly provided herein, no agent, employee or representative of the City shall have the
authority to enter into any changes or modifications, either directly or implied by a course of action,
relating to the terms and scope of this Agreement.
VII. PROFESSIONAL RESPONSIBILITY
A. WCYCC hereby warrants that it is qualified to assume the responsibilities and render
the services described herein and has all requisite corporate authority and professional licenses in good
standing, as required by law.
B. The services performed by WCYCC shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing
professional firms in the same or similar type of services in the applicable community.
C. WCYCC shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all designs, drawings, specifications, reports, and other services
furnished by WCYCC under this Agreement. WCYCC shall, without additional compensation,
correct or resolve any errors or deficiencies in his designs, drawings, specifications, reports, and other
services, which fall below the standard of professional practice, and reimburse the City for
construction costs caused by errors and omissions which fall below the standard of professional
practice.
D. Approval by the City of drawings, designs, specifications, reports and incidental
services or materials furnished hereunder shall not in any way relieve WCYCC of responsibility for
technical adequacy of the services. Neither the City's review, approval or acceptance of, nor payment
for, any of the services shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement, and WCYCC shall be and
remain liable in accordance with applicable performance of any of the services furnished under this
Agreement.
E. The rights and remedies of the City provided for under this Agreement are in addition
to any other rights and remedies provided by law.
VIII. COMPLIANCE WITH LAW
The services to be performed by WCYCC hereunder shall be done in compliance with
applicable laws, ordinances, rules and regulations.
IX. INDEMNIFICATION
A. INDEMNIFICATION — GENERAL: The City cannot and by this Agreement does
not agree to indemnify, hold harmless, exonerate or assume the defense of the WCYCC or any other
person or entity whatsoever, for any purpose whatsoever.
3
City of Evans — Professional Services Agreement Form Revised 6/26/19
X. INSURANCE
A. WCYCC upon request will provide evidence of general liability insurance
coverage through Weld County Government. The coverage must at least be in the
minimum amount required by the Colorado Governmental Immunity Act for
protection from claims for bodily injury, death, property damage, or personal
injury which may arise through the execution of this contract.
B. No term or condition of this contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act g24-10-101 et seq., as applicable now or hereafter amended.
XI. NONASSIGNABILITY
Neither this Agreement nor any of the rights or obligations of the parties hereto shall be
assigned by either party without the written consent of the other.
XII. TERMINATION
This Agreement shall terminate at such time as the services in Section I are completed and the
requirements of this Agreement are satisfied, or upon the City's providing WCYCC with seven (7)
days' advance written notice, whichever occurs first. In the event the Agreement is terminated by the
City's issuance of said written notice of intent to terminate, the City shall pay WCYCC for all services
previously authorized and completed prior to the date of termination. If, however, WCYCC has
substantially or materially breached the standards and terms of this Agreement, the City shall have any
remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason
other than cause prior to completion of the Project, any use of documents by the City thereafter shall
be at the City's sole risk, unless otherwise consented to by WCYCC.
XIII. CONFLICT OF INTEREST
The WCYCC shall disclose any personal or private interest related to property or business
within the City. Upon disclosure of any such personal or private interest, the City shall determine if
the interest constitutes a conflict of interest. If the City determines that a conflict of interest exists,
the City may treat such conflict of interest as a default and terminate this Agreement.
XIV. 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 of Weld, State of Colorado.
XV. INDEPENDENT CONTRACTOR
A. WCYCC is an independent contractor. Notwithstanding any provision appearing in this
Agreement, all personnel assigned by 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 shall
make no representation that it is the employee of the City for any purposes.
4
GO of Evans — Professional Services Ayreemenl Form Revised 6/26/19
B. Disclosure: WCYCC is not entitled to workers' compensation benefits, unemployment
insurance benefits unless unemployment compensation coverage is provided by the WCYCC
or some other entity, and WCYCC is obligated to pay federal and state income tax on any
moneys earned pursuant to this Agreement for Professional Services by Independent
Contractor.
XVI. NO WAIVER
Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the City shall not constitute a waiver of any of the other terms or obligations of this
Agreement.
XVII. ENTIRE AGREEMENT
This Agreement and the attached Exhibit A and B is the entire Agreement between WCYCC
and the City, superseding all prior oral or written communications. None of the provisions of this
Agreement may be amended, modified or changed, except as specified herein.
XVIII. NOTICE
Any notice or communication between WCYCC and the City which may be required, or which
may be given, under the terms of this Agreement shall be in writing, and shall be deemed to have been
sufficiently given when directly presented or sent pre -paid, first class United States mail, addressed as
follows:
The City:
City of Evans
Attn: James L. Becklenberg, City Manager
1100 37`h Street
Evans, Colorado 80620-2036
WCYCC: Weld County Youth Conservation Corps
Attn: Holly Bernhardt
315 N 11`" Ave Bldg. B
Greeley, CO 80631
XIX. EFFECTIVE DATE AND EXECUTION
This Agreement shall become effective following execution by both WCYCC and City. This
Agreement may be executed in counterparts, including by facsimile or electronically, each of which
shall be considered an original, but all of which together shall constitute one instrument.
XX. SPECIAL PROVISIONS
The "Special Provisions" attached hereto as Exhibit B and incorporated by this reference
are made a part of this Agreement. For purposes of the Special Provisions, the WCYCC shall be
referred to as the "Contractor."
5
City of Evans — Professional Sen ices /Igreement Form Revised 6/26/19
I\ WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate,
as of the date first written above.
CITY OF EVANS, COLORADO
:\I'Cks'l :
Karen Frawley, City Clerk
\I?PROVI D .\S TO FORM:
Scotty- P. I'rob, City Attorney
.APPROVED .AS TO CONTENT:
, City Manager
C&dy e.. 0 -c(1, AO'
cf
A Fl kST: WAJ
SEAL
•
11rrrrirrt►t
WCYCC
•
rg, City Manager
1 -
BOARD OF COUNTY C:OMMISStONFRS
Weld $''ou try Clerk to the oard At'1-:I.D COCNIN, COLORADO
By:
Deputy Clerk tr t he I. oard / p f „�. ; . - ike Freeman, Chair Pro-Tem
/ rt
I
1
6
N0V 1 8 2019
Ret•rsed 6 26 I'7
o2oi9- 7 6 )
Exhibit A
Scope of Services
The following shall be completed by the WCYCC:
1. Provide an eight -person crew and all tools and safety equipment necessary for cutting and
chipping of trees on the site.
2. Cut and remove all woody vegetation on the property close to ground level, including trees
in the water at the perimeter of the ponds, except for trees identified and marked by City
staff for preservation.
3. Apply herbicide provided by the City to cut stumps immediately after the removal of the
trees.
4. Chip all woody vegetation on site into piles where they may be accessed by motorized
equipment.
5. Consolidate all trash on the site and load into City vehicles for disposal.
6. All work is to be completed during regular business hours Monday through Friday from 8am
to 5pm, and the project shall be completed within eight consecutive weeks from when the
project begins.
7. Payment for services will be paid in a single payment upon invoice.
7
City o/Leans— Professional Services AAXreement Form Revised 6/26/19
Exhibit B
Special Provisions Required by §§ 8-17.5-101 et seq., C.R.S.
A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the
time of this certification, it does not knowingly employ or contract with an illegal alien and that
Contractor has participated or attempted to participate in the basic pilot program administered by the
U.S. Department of Homeland Security in order to verify that it does not employ any illegal aliens.
B. Prohibited Acts. Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform work under this
Agreement; or
2. Enter into a contract with a subcontractor that fails to certify to Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
C. Verification.
1. Contractor has verified or attempted to verify through participation in the
basic pilot program administered by the U.S. Department of Homeland Security that
Contractor does not employ any illegal aliens and, if Contractor is not accepted into the basic
pilot program prior to entering into this Agreement, that Contractor shall apply to participate
in the basic pilot program every three (3) months until Contractor is accepted or this
Agreement has been completed, whichever is earlier.
2. Contractor shall not use basic pilot program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
i. Notify the subcontractor and the City within three (3) days that
Contractor has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
ii. Terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to subparagraph i. hereof, the
subcontractor does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during such three
(3) days the subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an illegal alien.
D. Duty to Comply with Investigations. Contractor shall comply with any reasonable
request by the Colorado Department of Labor and Employment made in the course of an
investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying
with the terms of this Agreement.
8
City of brans — Professional Senzces Agreement Farm Revised 6/26/19
Entity Information
Entity Name*
CITY OF EVANS
Entity ID*
@00001848
Contract Name*
CITY OF EVANS (AGREEMENT FOR PROFESSIONAL
SERVICES BY INDEPENDENT CONTRACTOR)
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3237
Contract Lead*
CULLINTA
Contract Lead Email
cullinta@coco.us
Contract Description*
AGREEMENT FOR REMOVAL OF PLANT MATERIAL BY THE WCYCC.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
Department
HUMAN SERVICES
Department Email
CM-
HurnanServices@ia weldgov.com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL.
County Attorney Email
CM-
COUNTYATTORNEY@ia WELD
GOV.COM
Requested BOCC Agenda
Date*
11/1812019
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
11/1412019
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
On Base
Effective Date
Review Date*
09/01/2020
Contract Da
Termination Notice Period
Committed Delivery Date
Renewal Date
Expiration Date
1113012020
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JUDY GRIEGO
OH Approved Date
11/14/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/18/2019
Originator
CULLIN!TA
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
11/14/2019
Tyler Ref
AG 111819
Legal Counsel
KARIN MCDOUGAL
Legal Counsel Approved Date
11/14/2019
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