HomeMy WebLinkAbout2019-002-01/02/2019-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO CONTINUE SUPP RESOLUTION 2019-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY TO CONTINUE SUPPORT FOR
THE LARIMER COUNTY CONSERVATION CORP ENERGY AND WATER PROGRAM
WHEREAS, since 2010, the City's Utility Services department has partnered with the
Larimer County Conservation Corp Energy and Water Program(the"LCCC Program")to support
local resource conservation programming; and
WHEREAS, the LCCC Program includes performing home efficiency assessments for
customers of Fort Collins Utilities and Loveland Water and Power, including on-site evaluations,
energy and water saving retro-fits, and customer education; and
WHEREAS, the LCCC Program also includes training young adults in the efficiency
industry and improves access for low-income populations to conservation measures and education;
and
WHEREAS, the LCCC Program is an important component of support for the goals of the
City's Energy Policy, Climate Action Plan, and Water Conservation Plan; and
WHEREAS, the LCCC Program has also become an element of the City's Utilities
Affordability Portfolio, which provides a mechanism for low-to-moderate-income utility
customers to control their energy use and costs through a suite of education and efficiency retro-
fits tools; and
WHEREAS, since its inception in 2010,the LCCC Program has provided assessments and
education for 3,200 Fort Collins Utilities customer homes,resulting in an estimated annual savings
of over 1,382,000 kilowatt-hours and 32,000 therms of energy, and 20 million gallons of water,
and
WHEREAS, the proposed 2019-2020 LCCC Program cycle will serve 400 additional Fort
Collins Utility customers, requiring the City to commit $123,968 to continue its,support of the
LCCC Program; and
WHEREAS, the City Council has determined it is in the best interests of the City and
beneficial to the Fort Collins Utility ratepayers that the Mayor execute an intergovernmental
agreement with Larimer County for the purpose of continuing the City's support of the LCCC
Program in the 2019-2020 cycle, with the option to renew the City's support for up to four
additional program cycles.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Mayor is hereby authorized to execute an intergovernmental
agreement with Larimer County in support of the Larimer County Conservation Corp Energy and
Water Program (IGA), in ,substantially the form of Exhibit"A", with such modifications and
additional terms and conditions not inconsistent with this Resolution as the City Manager, in
consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City or effectuate the purposes of this Resolution, and with the City to provide
funds in the amount of$123,968 from existing appropriations in the Energy Services and Water
Conservation Divisions budgets in furtherance of the services described in the IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of January, A.D. 2019.
Mayor
ATTEST:
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City Cl
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EXHIBIT A
AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES
This Agreement is made this 4th day of December, 2018, by and between the City of Fort
Collins, Colorado, a municipal corporation (hereinafter called the "City") and Larimer County,
Colorado,through Larimer County Economic and Workforce Development Department,
Conservation Corps, 200 West Oak Street, Suite 5000, Fort Collins; Colorado 90521 (hereinafter
called the "Provider").
WITNESSETH
WHEREAS,the City wishes to promote development of job skills in the efficiency industry
for young adults in Latimer County while increasing availability of energy and water conservation
measures and education to low-income electric customers; and
WHEREAS, the City and Provider have successfully partnered on delivery of energy and
water assessments since 2010 and
WHEREAS, the Provider wishes to continue its established Conservation Corps program for
another cycle in order to provide such opportunities through the LCCC Water& Energy Program;
and
WHEREAS, it is in the best interests of the City,the County, and their taxpayers to provide
services efficiently and cost-effectively, and to minimize overhead expenditures for administration
and program creation.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
1. Services. The Provider agrees to provide services generally described as providing_
assessment and completion of energy and water savings product installations for 325425 utility
customers of the City, and to provide related conservation education, assistance and promotion of
the City's home energy and water rebate programs, as more fully described in Exhibit "A",
consisting of two (2)pages and incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as of the date set forth above and completed no later
than May 31, 2019,. This Agreement shall automatically renew for up to four additional one-year'
terms, to conclude no later than May 31, 2023, unless earlier terminated.
3. Compensation. In consideration for Provider's services,the City agrees to pay
Provider according to the schedule set forth in Exhibit`B", consisting of one (I) page and
incorporated herein by this reference, with a maximum not to exceed One Hundred Twenty Three
Thousand Nine Hundred.Sixty Eight Dollars ($123,968.00). Provider shall submit itemized
invoices for payment in accordance with Exhibit B. The City Will make payments within thirty
(30)days after receiving a properly documented invoice from Provider.
4. No Joint Employer Relationship. All youth employed shall remain at all times
subject to the sole and exclusive control,.supervision, and direction of the Provider. The Provider
shall have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of
.such employees. The Provider shall also have the sole and exclusive authority to determine the
method, means, and manner of performance of such employees, and to establish their wages, hours
and working conditions. The Provider shall be the sole employer of all employees providing
services pursuant to this Agreement.. This Agreement shall not be construed as creating "joint-
employer" relationship between the Provider and the City.
5. Pavroll Processing. The Provider agrees to perform all necessary payroll
processing and personnel administration with respect to employees hired or retained pursuant to this
Agreement in compliance with all applicable federal and state laws and local ordinances, including
but not limited to the maintenance of all employment-related records,the issuance of payroll checks
and the withholding of FICA and applicable federal and state taxes. The City agrees not to provide
anything of value to any employee of the Provider performing services under this Agreement,
whether in the form of a gift or compensation, without prior written approval from the Provider.
6. Worker's Compensation. The Provider agrees to provide workers'compensation
coverage for employees pursuant to this Agreement. It is the intent of the Provider and the City that
the Provider's workers' compensation insurance carrier shall be liable for any benefits awarded to
any injured employee under the terms of this Agreement.
7. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and
assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents
or employees to the extent required by law. No term or condition of this Agreement shall be
construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights,
benefits or protections available to any party under the Colorado Governmental Immunity Act.
As the sole employer of all employees providing services pursuant to this Agreement, Provider
agrees that the City shall have no obligation or liability in connection with: (a)the selection, hiring,
discipline, firing or assignment of such employees; (b)the method, means or manner of
performance of such employees; (c)the wages, hours or working conditions of such employees; (d)
negligent conduct, intentional conduct, and criminal conduct, including commissions and
omissions, of such employees; and (e) the employment relationship between the Provider and such
employees.
8. Additional Provider Obligations.
8.61 No person with responsibilities in the provision of services or the operation
of any program referred to in this Agreement will unlawfully discriminate with respect to any
program participant or any applicant for participation on the basis of race, color, national origin,
age, sex, religion, handicap, political affiliation or beliefs.
8.02 No services provided under this Agreement shall involve political activities
and no funds made available under this Agreement shall be used for lobbying activities.,
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8.03 No person with responsibilities in the provision of the services or the
operation of any program referred to in this Agreement will use his or her position for his or her
own private gain or for the gain of any person with whom (s)he has a relationship by blood or
marriage or a close business, political or personal association.
8.04 Provider agrees to complete background checks reasonably satisfactory to the
City on all youth or other employees of Provider prior to participation in the Program, and to limit
participation to persons shown through said checks to be reliable and reasonably suited for work in
the homes of City utility customers.. Any such checks shall be completed in accordance with
applicable laws.
9. Information Available to Provider. The City agrees to make available to Provider
such information as is required to enable Provider to provide its services in compliance with local,
state and federal laws, and subject to the following:
9.01 Provider must implement reasonable policies and procedures to detect,
prevent and the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at
16 Code of Federal Regulations Part 681, including requiring any Conservation Corp Energy
Program employees to sign a confidentiality agreement as a condition of employment. Further,
Provider most notify the City in writing of any information leading Service Provider to believe
identity theft has occurred,regarding a City covered account and must take appropriate steps to
mitigate identity theft if it occurs with one or more of the City's covered accounts.
9.02 In connection with the Services to be provided to the City pursuant to this
Agreement,the Provider hereby acknowledges that it has been informed that the City has
established policies and procedures with regard to the handling of confidential information and
other sensitive materials, including but not limited to all name, address,telephone number, and
personal information of all customers receiving services from Provider hereunder.
9.03 In consideration of access to certain information,data and material
(hereinafter individually and collectively, regardless of nature, referred to as "information")that are
the property of and/or relate to the City or its employees, customers or suppliers, which access is
related to the performance of services that the Provider has agreed to perform, including but not
limited to any information generated by the Provider in connection with the performance of services
under this Agreement, the Service Provider hereby acknowledges and agrees-as follows:
That information that has or will come into its possession or knowledge in connection with or as a
result of the performance of services for the City may be confidential and/or proprietary. The
Provider agrees to treat as conf dential (a) all information that is owned by the City, or that relates
to the business of the City, or that is used by the City in carrying on business, (b)all information
that is proprietary to a third party(including but riot limited to customers and suppliers of the City);
and (c) all information generated by Provider in the course of or in connection .With the provision of
services under the Agreement. The Provider shall not disclose any such information to any person
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except as authorized by the City. Further;the Provider shall not use such information to obtain any
economic or other benefit for itself, or any third party, except as specifically authorized by the City.
9.04 The foregoing to the contrary notwithstanding; the Provider understands that
it shall have no obligation under this Agreement with respect to information and material that is
required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
such disclosure, Provider shall furnish a copy of this Agreement to anyone to whom it is required to
make such disclosure and shall promptly advise the City in writing of each such disclosure.
9.05 In the event that Provider ceases to perform services for the City, or the City
so requests for any reason, Provider shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries(handwritten or mechanically
produced)thereof, in its possession or control or as to which it otherwise has access.
9.06 Provider understands and agrees that the City's remedies at law for a breach
of Provider's obligations under this Confidentiality provision may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief(including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
10. Parties' Representatives. For the purposes of this Agreement, Provider hereby
designates Maelly Oropeza, Corps Manager(moropezanlarimer.org, 970-49&6630)as its
representative. The City designates John Phelan, Energy Services Manager(jphelan(ilfceov.com,
970-416-2539) as its representative.
11. City Responsibilities. In addition to providing payment asset forth above, the City
shall further be obligated to provide the following for use by Provider in performing Provider's
obligations hereunder:
i. Provide materials for direct installation into the assessed homes. Materials include,
as appropriate, compact fluorescent light bulbs, low-flow showerheads, faucet
aerators, high efficiency toilets, programmable thermostats, carbon monoxide
detectors, and clotheslines;
z. Assist with marketing efforts in seeking households through agency materials,
community partners, online or other means;
3. Identify a liaison to the LCCC Water& Energy Program with a focus on Corps
member development. Examples of activities could include networking, shadowing,
informational interviews, sitting on an industry panel for questions and answers, or
site visits of the crew in the field.
4. Offer written feedback upon completion of the program.
12. Default. Each and every term and condition of this Agreement shall be deemed to
be amaterial element of this Agreement. In the event either party shall fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
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13. Remedies upon Default. In the event a party has been declared in default hereof,
such defaulting party shall be allowed a period of five (5) days within which to cure said default. In
the event the default remains uncorrected, the party declaring default may elect to: (a)terminate the
Agreement and seek damages;(b) treat the Agreement as continuing and require specific
performance; or(c) seek any other remedy available at law or equity.
14. Compliance-With Laws/Mond incrimination. Contractor shall strictly comply with all
applicable federal and state laws,rules, and_regulations in effect or hereafter established, including,
without limitation, laws applicable to discrimination and unfair employment practices and to the
origination of mortgage loans and other credit and lending activities. Contractor shall provide all
services hereunder in a manner consistent with all laws and requirements pertaining to civil rights,
nondiscrimination and constitutionally protected classes and rights, applicable to the provision of
municipal services to members of the public.
15. Entire.Aereetnent. This instrument and its exhibits constitute and contain the entire
agreement and understanding of the parties hereto concerning the employee's employment and the
other subject matters addressed herein, and supersedes and replaces all prior negotiations,
agreements, understandings, warranties, promises or otherwise between the parties hereto, whether
written, spoken or implied from the conduct of the parties hereto, concerning the subject matters
hereof.
16. Severability of Invalid Provisions. In the event any covenant, condition or provision
of this Agreement or the application thereof, is held to be invalid by final judgment of any court of
competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way
affect any of the other covenants, conditions or provisions of this Agreement, provided that the
invalidity of any such covenant, condition or provision does not materially prejudice either the City
or Provider in their or either of their respective rights and obligations under the valid covenants,
conditions or provisions of the Agreement. w
17. Governing Law. This Agreement shall be construed and enforced in accordance
with and governed by the laws of the State of Colorado.
18. Waiver of Breach -- Effect. No waiver of any breach of any term of provision of
this Agreement by the City or Provider shall be construed to be, nor shall be, for any purpose, a
waiver of any breach of any other provision hereof or of a continuing or subsequent breach of the
same provision. No waiver shall be valid unless in writing and signed by the party waiving the
breach.
19. Binding Effect. This Agreement shall be binding upon the parties hereto and their
heirs, administrators, personal representatives, successors and assigns of each respectively.
20. Headings. Paragraph headings contained herein are for convenience and reference,
and are not intended to define or limit the scope of any provisions of this Agreement.
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21. Appropriation of Funds. Obligations of the City hereunder are contingent upon
appropriation of funds sufficient and intended for this purpose by the City Council of the City, in its
sole discretion.
IN WITNESS WHEREOF,the parties hereto have entered into this Agreement effective, as
of December 4th, 2018.
LARIMER COUNTY, COLORADO
Date: By:
Chair, Board of County Commissioners
Date: By:.
CITY OF FORT COLLINS, COLORADO
Date: By:
Wade Troxell,Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
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AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES
Exhibit A: Scope of Services
BACKGROUND
The Larimer County Conservation Corps (LCCC) has existed for twenty years in our local
community. During this tenure, LCCC has specifically focused on providing workforce
development programming for young adults, focusing on conservation.. Since 2008,the LCCC—
Water& Energy Program has implemented a workforce development model of training young
adults in the efficiency industry while addressing the community's low-income population's
accessibility to energy and water conservation measures and education. LCCC is excited that the
City of Fort Collins Utilities sees the value of this partnership with the LCCC—Water& Energy
Program to meet the needs of Fort Collins' residents and further expose the next generation of
young adult workers to careers in the utility industry in Northern Colorado. This Exhibit A
addresses the objectives of the Water& Energy Program,the scope of services, training, roles and
responsibilities, and benefits of this partnership.
OBJEC.TIV.E
Implement the LCCC — Water& Energy Program within Fort Collins,Colorado in an effort to
assess and further complete energy and water savings product installations for between 325 to 425
residences through service learning opportunities for Corpsmemberdevelopment. The program will
target low to moderate income communities for participation, however, any Fort Collins Utilities
water and/or electric customers are eligible to participate. In addition, LCCC- Water& Energy
Program will also provide conservation education, tips, and rebate opportunities to the resident's
home during the assessment. The LCCC is solely responsible for program oversight and
implementation of targeted goals.
SCOPE OF SERVICES
i. Community
A. Target.marketing efforts to low-income residents and partners that serve such populations
with an emphasis on the multi-family housing sector.
B. Schedule home efficiency assessment, verifying that homes are served by Fort Collins
Utilities.
c. Source appropriate materials for direct installation as identified in the
D. LCCC crews will perform assessment, direct installation, educate residents about
conservation techniques, and promote additional comprehensive audit services if interested.
E. Gather data from assessments to compile energy and water conservation measures installed
and associated savings (e.g. kilowatt-hours, carbon, gallons).
F. Gather demographic information from participants to align with income guidelines for
County services.
z. Auditor/Staff
A. Train 6-8 Corpsmembers in home efficiency assessment and conservation retrofitting.
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B. Encourage Corpsmembers to further develop their leadership style for personal and
Professional growth through peer mentoring, networking within industry, or facilitating
group activities.
c. Work with internal and external partners including the City of Fort Collins Utilities to help
Corpsmembers better understand the utilities industry and future career opportunities
through networking;shadowing, informational interviews, and site visits.
D. Bi-weekly reports on residential assessment data outcomes to City of Fort Collins Utilities.
E. Complete a final report summarizing all activities and results within 30 days of program
completion.
F. Upon program completion, Corpsmerbers will present their findings to utility staff or
boards at quarterly meeting.
G. Installation Requirements: _
Materials: Installation Re uirement Installation limit
Toilet New toilet will only replace 1 toilet per dwelling
1.6 GPF and above
Aerator New aerators will only replace No limit per unit
existing aerators greater than
1.5 GPM in the kitchen and
1.0 GPM in the bathroom.
Showerheads New showerheads will only No limit per unit
replace existing showerheads
_ greater than 2.0 GPM
LEDs All LEDs will only replace No maximum
incandescent or halogen
lamps, unless in a fixture with
mixed lamps, in which case all
would be re laced
Thermostats Programmable thermostat to l per dwelling
replace only manual adjusted
thermostat
Carbon Monoxide detectors Installed in absence of detector 1 perdwelliruz
FORT COLLINS UTILITIES RESPONSIBILITIES
The City of Fort Collins Utilities responsibilities towards the program include:
t. At the City of Fort Collins Utilities discretion, either provide materials for direct installation into
the assessed homes or for products-not provided, City of Fort Collins Utilities will reimburse
LCCC for materials that LCCC has purchased and installed. Materials include, as appropriate,
LEDs, programmable thermostats, carbon monoxide detectors, clotheslines,toilets, high
efficiency showerheads and faucet aerators.
z. Assist with marketing efforts in seeking households through agency materials;community
partners,online or other means.
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3. Identify a liaison to the Water& Energy Program Coordinator with a focus on Corpsmember
development. Examples of activities could include networking, shadowing, informational
interviews; sitting on an industry panel for questions and answers, or site visits of the crew in
the field.
4.. Offer written feedback upon completion of the program.
BENEFITS
When the 2018-2019 LCCC Water& Energy Program is complete,the Fort Collins community will
collectively have between 325 and 425 residences assessed and retrofitted with basic efficiency
products. The program will be targeting low income populations for participation, but may provide
services to any Utilities water and/or electric customer. Benefits will also include timely, accurate
and usable data, and a willing and able workforce that may act-as a feeder program for utility
opportunities in the near future to better train and employ the next generation of utility workers.
PROGRAM COSTS
Program costs are summarized below. LCCC will not incur additional programs costs without
written prior approval.
Description Budget Notes
Energy Efficiency Materials (e.g. LED bulbs, $19,950 Energy efficiency products will be
thermostats, smoke/carbon monoxide detectors; purchased by LCCC. Reference
clotheslines) resources and materials may be
provided by the City upon request.
Water Efficiency Materials $1,280 Utilities Resource.Conservation team
(e.g. showerheads, aerators,toilets,tank banks, will provide most materials for direct
dye tabs) installation within homes. LCCC may
be asked to purchase materials to
supplement existing resources provided
from Utilities.
2018-2019 Program Support $102,738
Total $123,968 Total may vary based on actual cost of
purchases by LCCC, but will not
exceed budget identified
Exhibit B describes the payment schedule for services under this agreement,
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AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES
Exhibit B: Payment Schedule
Compensation.
3.01 In consideration for Provider's services, the City agrees to pay
Provider according to the schedule set forth below, with a maximum.not to exceed
One Hundred Twenty Three Thousand Nine Hundred Sixty Eight($123,968). .
3.02 Provider shall submit itemized invoices for payment. The City will
make payments within thirty (30)days after receiving a properly documented invoice
from Provider.
Milestone Program Materials
Signing Agreement 50% of programsupport) $51369.00 $0
50%of Audits/installations completed $20,-547.60 $f 0,615.00*
(20%of program support plus materials
reimbursement
100% of Audits/installations completed $20,547.60 $10,61S.00*
(20%of program support plus materials
reimbursement
Final Report and presentation(10%o) $10,273.80 $0*
(10%of program support plus materials
reimbursement
Sub-Total $102,738.00 $21;230.00
Total $123,968.00_ ._
* Provide itemized receipts for materials invoicing.
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