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HomeMy WebLinkAbout286209 BOULDER COUNTY FINANCE DIVISION LONGS PEAK - CONTRACT - CONTRACT - 8855405 RESIDENTIAL ENERGY ASSISTANCEAGREEMENT i. �t i THIS AGREEMENT is entered into this f'U day of 2008 by and between THE CITYOF FORT COLINS, COLORADO, ("City") and BOULDER COUNTY, COLORADO, ("County"), for Longs Peak Energy Conservation, a division of County. WITNESSETH: WHEREAS, the City desires to offer the Residential Energy Assistance through Community Help (REACH) program for the benefit of the citizens of the City, as said program is described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the County desires to assist in providing weatherization services to persons living in Larimer County which includes the City of Fort Collins; and WHEREAS, the County currently provides services of this type in Boulder, Weld and Larimer counties utilizing federal, state and local funds; and WHEREAS, both the City and the County provide services for.the citizens of the City and wish to avoid duplication of services and maintain a high level of stewardship with the public's funds; and WHEREAS, pursuant to Article XIV, Section 18 of the Constitution of the State of Colorado, and statues enacted pursuant thereto, the City and the County may cooperate together to provide any function lawfully authorized to each; and WHEREAS, Longs Peak Energy Conservation will follow all purchasing and procurement polices according to Boulder County Policy, TO ACCOMPLISH THE FOREGOING, the parties hereto for good and valuable consideration agree as follows: 1. The City and County shall work together cooperatively to implement the REACH program, as defined in Exhibit A, attached hereto and incorporated herein by this reference, during the term of this Agreement. 2. The City shall be responsible for promotion of the REACH program to its residential electric customers. 3. The County shall provide services to participants in the program, including, without limitation, receiving applications from interested participants, determining eligibility of potential participants, and providing weatherization services to participants, as more particularly described in Exhibit B, attached hereto and incorporated herein by this reference (the "Work"). The County shall maintain detailed records of all applications received, participant names, addresses where work has been done or is scheduled to be done, and a recorded of all payments, and shall retain all such records during the term of this Agreement. Upon termination of this Agreement, the County shall provide a copy of all such records generated during the performance of this Agreement to the City. 4. The County shall bill the City within 4 weeks for weatherization expenses incurred by the County in performing the Work, based on the following rates and charges: • Labor: $50/person/Hr. for first 3 hours, $25/person/hr after 3 person hours • Equipment: minimum fee of $10 per crew hour. Example: 4 crew hours= $40, 8 crew hours= $80, maximum charge $160 • Mileage : $.70/mile for 18' trucks and $.55/mile for van use • Materials: At cost with no mark-up • Sub -contracted labor and materials: At cost with no mark-up • Project Delivery Fee: 14% of the total invoice amount (no administrative charges) 5. The County shall provide monthly reports to the City of the amount of REACH program funds that have been committed for use in providing weatherization services. Upon provision of written notice by the City that available funds for the REACH program hereunder have been expended, the County shall cease further Work until such time as additional funds may become available. 6. The County will procure all services and materials in a manner consistent with the Boulder County Purchasing Policy, including all competitive process, insurance, and bonding requirements. 7. Either the City or the County may terminate this Agreement upon sixty (60) days written notice to the other party. 8. Each party assumes responsibility for its negligent actions and omissions, and those of its officers and employees, in the performance of or failure to perform the Work or any other obligations under this Agreement. Be agreeing to this provision, neither the City nor the County waives or intends to waive as to any person the limitations and procedural protections provided to the parties under the Colorado Governmental Immunity Act, Section 24-10-101, C. R. S., etseq., as the same may, from time to time, be amended. 9. In the performance of the Work, The County agrees to at all times comply with Section 504 of the Rehabilitation Act of 1973 (29 USC 794)(, the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Title VI and VII Civil Rights Acts of 1964, and all other applicable nondiscrimination and other laws. The County shall require any subcontractors performing work for the REACH Program to comply with these acts and all applicable laws. 10. Prohibition against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly' employed or contracted with an illegal alien. f. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the, duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 11. This Agreement constitutes the entire understanding of the parties; and shall not be construed to create an employer/employee relationship in either of the parties, the County being an independent contractor with respect hereto. 12. This Agreement shall not be assigned by either of the parties hereto without the prior written consent of the other party. 13. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. The initial term of this Agreement shall begin as of the date of this Agreement, and shall continue through December, 2008. The City may, by written notice to the County, extend this Agreement for up to four (4) successive additional one (1) year terms. The rates and charges for the Work, as set forth hereinabove, may by mutual agreement of the parities be adjusted to reflect changes in the Denver -Boulder Consumer Price Index from year to year. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. °�T C S ATTEST: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporatiop / Jams 0. O'Neill, II, CPPO, FNIGP Direbtof of Purchasing & Risk Management Date: G/ 6(, L LONGS PEAK ENERGY CONSERVATION, A Division of Boulder County, Chair, Boulder County Board of Commissioners Date: EXHIBIT A REACH PROGRAM REACH (Residential Energy Assistance through Community Help) is a free weatherization service for Fort Collins residents meeting income guidelines. Since 1984, the REACH program has been used to weatherize homes, saving energy and money and improving comfort for the residents. REACH services include safety testing of furnaces and water heaters; blower door testing for air leakage; insulation; duct sealing; furnace tune-ups, repair or replacement; low -flow showerheads, water heater blankets and client educations. Improvements are expected to have a 10-year lifespan and a 2- to-1 benefit to cost ratio. Eligibility: To qualify, households must be City residential electric customers and must have a household income that does not exceed seventy percent (70%) of the Area Median Income (AMI) based on the Colorado Housing and Finance Authority Area Median Income data for Larimer County. Households also must not qualify for other government -sponsored weatherization programs. EXHIBIT B SCOPE OF WORK The County will process applications and perform the weatherization services for the City of Fort Collins residential electric customers. The County shall carry out this work in the same manner generally as similar services are performed for Boulder, Weld and Larimer counties as part of the `State of Colorado Energy Savings Partners Weatherization Program' through the Governor's Office of Energy Management and Conservation. The County shall use a qualified and trained staff to carry out the Work. The County will receive applications for the City's REACH Program; will screen applications to determine eligibility for the Program. For qualified applicants, the County will conduct an energy audit to check for air infiltration, pressure imbalances, areas of heat loss as well as health and safety conditions, such as carbon monoxide hazards, gas leaks and moisture problems that can be improved with cost effective weatherization. If improvements have an expected 10 year lifespan and a positive cost to benefit ratio, the County will be responsible for completing the weatherization job. In the case that an audit does not result in a weatherization job, the County will provide education regarding energy efficiency. The County will complete no less than 24 jobs per year, subject to qualified applications. The County will make reasonable efforts to perform jobs in a timely manner, or within 6 months of application. The County will provide tracking of applications, job status and expected completion dates on a monthly basis.