IGA; Boulder County Public Health; Keep it Clean Partnership; Exp 12/31/2013
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Contract") is entered into between Boulder County Public Health
("BCPH") and the City of Boulder, Colorado ("Contractor").
In consideration of the rights and obligations specified below, BCPH and the Contractor agree as follows:
1. The Contractor will, in a good and workmanlike manner and at its own cost and expense, furnish all
labor and equipment and do all work necessary and incidental to complete Minimum Control Measure
(MCM) #1, Public Education and Outreach, and MCM #2, Public Participation and Involvement, on behalf of
the Keep it Clean Partnership (KICP), as specified in the attached Scope of Work (Attachment A), and this
Contract (the "Work"). By signing this Contract, the Contractor affirms that they have met all licensing
requirements to operate within the State of Colorado, and that all licenses and certificates necessary to
provide the services specified in this Contract are current.
2. Term of Contract: This Contract shall begin and become effective on January 1, 2013, and shall
continue through December 31, 2013.
3. Payment for Work Performed: In consideration of the Work to be performed by the Contractor, and
subject to the "Termination and Related Remedies" paragraph of this Contract, BCPH shall pay to the
Contractor an amount not to exceed $165,130, as services are provided, approved by BCPH, and upon
submission of invoicing to: BCPH, Accounts Payable, 3450 Broadway, Boulder, CO 80304.
4. Quality of Performance: The Contractor shall perform the Contract in a manner satisfactory and
acceptable to BCPH. BCPH shall be the sole judge of the quality of performance.
5. Extension and(or Renewal of Contract Term:
a. Only upon the mutual agreement of BCPH and the Contractor may this Contract be extended or
renewed. If both parties deem it appropriate and necessary, this Contract may be renewed for
an additional one-year period through December 31, 2014, during which time this Contract shall
be in full force and effect, subject to the termination provisions of the "Terminations and
Related Remedies" paragraph of this Contract.
b. All of the provisions of this Contract shall remain in full force and effect during any extension or
renewed term except that the scope of services and compensation to be paid to Contractor
during any extension or renewed term shall be mutually agreed upon prior to the
commencement of any extension or renewed term. The agreed-upon scope of services and
compensation shall be reduced to writing, signed by both parties, and attached to this Contract.
c. TEN CALENDAR DAYS BEFORE THE COMMENCEMENT OF ANY EXTENDED TERM THE
CONTRACTOR SHALL SUBMIT TO THE COUNTY PROOF OF INSURANCE IF APPLICABLE AND AS
REQUIRED IN THE "INSURANCE REQUIREMENTS" PARAGRAPH OF THIS CONTRACT.
d. Should the parties fail to agree upon the scope of services or compensation to be paid to
Contractor for any extension or renewed term, or should Contractor fail to submit the required
documents within the time period specified in subsection (c) of this "Extension and/or Renewal
of Contract Term" paragraph, then this Contract shall terminate at the end of the then current
term and no extension or renewal of the term of the Contract shall occur.
6. Schedule of Work: The Contractor shall perform the Work during the hours designated by BCPH so
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as to avoid inconvenience to BCPH and its personnel and interference with BCPH's operations.
7. Indemnity: Each party agrees to be responsible for its own negligent actions or omissions, and those
of its officers, agents, and employees in the performance or failure to perform work under this Agreement.
By agreeing to this provision, neither BCPH nor OTHER PARTY waives or intends to waive, as to any person
not a party to the Agreement, the limitations on liability which are provided to BCPH and OTHER PARTY
under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.
8. Insurance Requirements: The Contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, C.R.S. §24-10-101, et seq., as amended, and shall at all times during the terms
of this Contract maintain such liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the Act. The Contractor further agrees, without waiving any governmental
immunity protections to which it and its officials or employees are entitled under C.R.S. §24-10-101, et seq.,
as amended, to obtain adequate insurance to cover the liability and other risks to which it may be exposed
as a result of the services to be provided pursuant to this Agreement, if it does not already have such
insurance, and to maintain such insurance throughout the term of this Agreement, and to provide
satisfactory proof of such insurance to the Boulder County Risk Manager. This insurance shall have minimum
limits, which shall match or exceed the maximum governmental liability limits setforth in C.R.S. §24-10-114,
as amended, and shall name Boulder County as an additional insured.
9. Nondiscrimination: The Contractor agrees to comply with the letter and spirit of the Colorado Anti-
Discrimination Act, C.R.S. § 24-34-401, et sea., as amended, and all applicable local, state, and federal laws
respecting discrimination and unfair employment practices.
10. Nondiscrimination Provisions Binding on Subcontractors: In all solicitations by the Contractor for any
Work related to this Contract to be performed under a subcontract, either by competitive bidding or
negotiation, the Contractor shall notify each potential subcontractor of the Contractor's obligations under
this Contract, and of all pertinent regulations relative to nondiscrimination and unfair employment practices.
11. Information and Reports: The Contractor will provide to authorized governmental representatives,
including those of the county, state, and federal government, all information and reports which they may
require for any purpose authorized by law. The Contractor will permit such authorized governmental
representatives access to the Contractor's facilities, books, records, accounts, and any other relevant sources
of information. Where any information required by any such authorized government representative is in the
exclusive possession of a person other than the Contractor, then such Contractor shall so certify to BCPH,
and shall explain what efforts it has made to obtain the information.
12. Independent Contractor: The Parties recognize and agree that the Contractor is an independent
contractor for all purposes, both legal and practical, in performing services underthis Contract, and thatthe
Contractor and its agents and employees are not agents or employees of Boulder County for any purpose.
As an independent contractor, the Contractor shall be responsible for employing and directing such
personnel and agents as it requires to perform the services purchased under this Contract, shall exercise
complete authority over its personnel and agents, and shall be fully responsible for their actions.
Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers'
compensation benefits from Boulder County, its elected officials, agents, or any program administered or
funded by Boulder County. Contractor shall be entitled to unemployment insurance or workers'
compensation insurance only if unemployment compensation coverage or workers' compensation
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coverage is provided by Contractor, or some other entity that is not a party to this Contract. Contractor is
obligated to pay federal and state income tax on any monies earned pursuant to this Contract.
13. Termination and Related Remedies:
a. The other provisions of this Contract notwithstanding, financial obligations of BCPH payable
after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available. BCPH is prohibited by law from making financial
commitments beyond the term of its current fiscal year. BCPH has contracted for goods and/or
services under this Contract and has reason to believe that sufficient funds will be available for
the full term of the Contract. Where, however, for reasons beyond the control of BCPH as the
funding entity, funds are not allocated for any fiscal period beyond the one in which this
Contract is entered into, BCPH shall have the right to terminate this Contract by providing seven
(7) days written notice to the Contractor pursuant to the "Notices" paragraph of this Contract,
and will be released from any and all obligations hereunder. If BCPH terminates the Contract for
this reason, BCPH and the Contractor shall be released from all obligations to perform Work and
make payments hereunder, except that BCPH shall be required to make payment for Work
which has been performed by the Contractor prior to the effective date of termination under
this provision; and, conversely, the Contractor shall be required to complete any Work for which
BCPH has made payment prior to providing written notice to the Contractor of the termination.
b. The preceding provisions notwithstanding, BCPH may terminate this Contract, either in whole or
in part, for any reason, whenever BCPH determines that such termination is in BCPH's best
interests. Such termination shall be effective after BCPH provides seven (7) days written notice
to the Contractor pursuant to the "Notices" paragraph of this Contract.
c. In the event BCPH exercises either of the termination rights specified in subsections (a) or (b) of
this "Termination and Related Remedies" paragraph, this Contract shall cease to be of any
further force and effect, with the exception of all Contract remedies which are specified herein
and may otherwise be available to the parties under the law, and with the exception of any
rights or liabilities of the parties which may survive by virtue of this Contract.
14. Notices: For purposes of the notices required to be provided under this Contract, all such notices
shall be in writing, and shall be either sent by electronic, U.S. Mail, or hand-delivered to the following
representatives of the parties at the following addresses:
For BCPH: Stephanie Martz
Director of Administrative Services
3450 Broadway
Boulder, CO 80304
smartz@bouldercounty.org
For Contractor: Curry Rosato
Watershed Outreach Coordinator
City of Boulder, Colorado
40497 Sth Street
Boulder, CO 80301
E-mail: rosatoc@bouldercolorado.-gov
Phone: 303-413-7365
In the event a notice is mailed pursuant to the provisions of this paragraph, the time periods specified in the
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"Termination and Related Remedies" paragraph of this Contracts ha I I commence to run on the day after the
postmarked date of mailing.
15. Statutory Requirements: This Contract is subject to all statutory requirements that are or may
become applicable to counties or political subdivisions of the State of Colorado generally. Without limiting
the scope of this provision, the Contract is specifically subject to the following statutory requirement:
a. Contract payments may be withheld pursuant to C.R.S. §38-26-107 if BCPH receives a verified
statement that the Contractor has not paid amounts due to any person who has supplied labor
or materials for the project.
16. Amendments: This Contract may be altered, amended or repealed only on the mutual agreement of
BCPH and the Contractor by a duly executed written instrument.
17. Assignment: This Contract shall not be assigned or subcontracted by the Contractor without the
prior written consent of BCPH.
18. Benefit to Successors and Assigns: This Contract shall be binding upon the successors and assigns of
the parties.
19. Governing Law: The laws of the State of Colorado shall govern the interpretation and enforcement
of this Contract. Any litigation that may arise between the parties involving the interpretation or
enforcement of the terms of this Contract shall be initiated and pursued by the parties in the Boulder Courts
of the 20t" Judicial District of the State of Colorado and the applicable Colorado Appellate Courts.
20. Breach: Any waiver of a breach of this Contract shall not be held to be a waiver of any other or
subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and construed as
cumulative, that is, in addition to every other remedy provided herein or by law.
21. Termination of Prior Agreements: This Contract cancels and terminates, as of its effective date, all
prior agreements between the parties relating to the services covered by this Contract, whether written or
oral or partly written and partly oral.
22. Severability: If any provision of this Contract is found to be invalid, illegal or unenforceable, the
validity and enforceability of the remaining provisions shall not in anyway be affected or impaired thereby.
23. Third Party Beneficiary: The enforcement of the terms and conditions of this Contract and all rights
of action relating to such enforcement shall be strictly reserved to BCPH and the Contractor, and nothing
contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third
person. It is the express intent of the parties to this Contract that any person receiving services or benefits
under this Contract shall be deemed an incidental beneficiary only.
G Wdm,n Se",cas\Con1-ac1501V ENVIRONMENTAL HEALI HIKICPr20131City of Boulder MCNI 1 and 2 doc Page 4 of 11
IN WITNESS WHEREOF, BCPH have set their hands and seals this S day of 5 2013.
BOULDER COUNTY PUBLIC HEALTH, COUNTY OF BOULDER, STATE OF COLORADO
J, 4 J,
Stephanie Mart irector of A ministrati a Se S
Approved as to form:
i
r
J~seph M. Malinowski a ice Buswell L itz, KICP Project Coordinator
environmental Health Division M ager
KICP Partner
~GI~~rOI/F
/ rC e/
Name:
Title:
CITY OF BOULDER, COLORADO
Jane S. Brautigam, City Mana r
Approved as to form:
L -
Name
n0 e:
GAAdmin ServiceMContracIMDIV ENVIRONMENTAL HEALTH\KICPX20131City of Boulder MCM 1 and 2 doc Page 5 of 11
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G,Mmin Services%ContractsMIV ENVIRONMENTAL HEALTH\KICP\2013\City of Bolder MCM land 2 doc Page 6 of 11
January 24, 2013
Keep it Clean Partnership (KICP)
Janice Lopitz, Partnership Coordinator
c/o Boulder County Public Health
3450 Broadway
Boulder, Colorado 80304
Re: Keep it Clean Partnership (KICP)
2013 Public Education and Outreach and Public Involvement Program
Proposal
The City of Boulder is pleased to submit the following Scope of Work (SOW) to complete the
Public Education and Outreach and Public Involvement and Participation programs for the KICP
in 2013.
The purpose of the SOW is to provide the program components to comply with Phase II
Municipal Stormwater Discharge Permit and to meet the general goals of the KICP to manage
non-point source pollutants and to protect water quality.
The attached SOW outlines the following components:
• Scope of Work (tasks)
• Strategy
a Activity
• 2013 Plan
• Deliverables
• Estimated Operating and Personnel Budget
• Annual Report
The city realizes that the implementation of the Public Education and Outreach and Public
Involvement and Participation programs will require a significant effort. With that in mind, we
envision utilizing the city's staff to facilitate the effort and efficiently utilize the funding that has
currently been set aside for this project. In addition, we will make every effort to ensure the
KICP Steering Committee has opportunities to provide input on work products. The KICP
Steering Committee will be updated quarterly on work activities and status of work products.
We understand that there are certain defined work products which must be completed. However,
the strength of the education program is its ability to be opportunistic. Therefore, the estimated
budget in the SOW is based on the understanding that there is flexibility among budgeted items.
This flexibility will allow the program to take advantage of opportunities, which may present
themselves during the year. Changes to budgeted items will be submitted to the KICP Steering
Committee for approval.
All tasks outlined in the SOW will be completed by December 31, 2013 within the total
budgeted amount of $165,130. As the fiscal agent for the KICP, Boulder County Public Health
will be billed on a quarterly basis for completed project items and personnel costs.
Thank you for the opportunity to work with the KICP project. Our project team is excited to
work on the KICP Education and Public Participation programs. If there are any questions or
comments regarding the city's proposal, please do not hesitate to call.
Regards,
Curry Rosato
Watershed Outreach Coordinator
cc. Donna Scott, City of Boulder Stormwater Quality Specialist
Stephanie Martz, Director of Administrative Services
2/4/2013 MCM 1 and 2 Scope of Work Summary Table
Strategy Activity 2013 Deliverables Operating Personnel
Estimates
Maintain and enhance web site via weekly Word Press training. Implement search engine optimization (SEO) Track hits using Google
updated blog, quarterly newsletter, home page improvements including identifying and securing new partnerships analytics. Post at least 1
seasonal message and general maintenance. with like minded organizations who will link to KICP web site. Utilize on school and community event
Web Site line pledge program including tracking data base. Reinstate newsletter story with image per Partner. $3,270 $5,104
4% with goal of first newsletter out 2013. Investigate use of OR codes on
key collateral pieces and evaluate website hits accordingly. Develop,
post and/or link to kids activities.
Identify and implement annual messaging Pet Waste campaign development and implementation. Explore Implement campaign as
campaign and feature seasonal messages on funding to participate in NPR underwriting for PSA delivery via radio ' determined. Provide
web site and through existing strategies. Initial underwriting. Develop SOP template for annual campaign, and adapt developed collateral to
focus of resources and high impact message per campaign message. KICP staff will continue Value of Water community members and
Annual delivery will focus on the campaign topic of the campaign project participation. KICP Partners.
Campaign year. Once established, campaigns will be $6,990 $6,840
5% implemented and supported year to year. Create
collateral materials including brochures and
prompts (pet waste bag dispensers, water
bottles, etc.)
Deliver 16 customized presentations indoors or Develop improved customizable "Keep it Clean " Water Story Boulder 3
outdoors to specific audiences including HOA, presentation featuring multi media and interactive components to Longmont 3
Speakers Civic Groups, etc. Create and utilize newsletter engage audience. Identify and implement marketing strategy including Lafayette 2
Bureau sign up sheet and follow up thank you email to message and format. Post module descriptions on website Explore Boulder County 2 $1,000 $13,679
10% event participants. utilizing cable stations to advertise. Develop and implement use of Louisville 2
quick survey to assess pre event knowledge and intent for behavior Erie 2
change. Superior 2
KICP staff will host 13 interactive outreach booth Develop, print and implement new outreach booth components Boulder 3
in key community events in each KICP including tent canopy with KICP logo, easily constructed interpretive Longmont 3
Outreach Booth Community. Ed staff will support KICP Partners signage, interactive game and quick pledge commitment format. Lafayette 2
Events should additional booth events be identified. Boulder County 2 $1,500 $15,519
11% Louisville 1
Erie 1
Superior 1
Coordinate KICP traveling display in each KICP Develop new display graphics (2/3 section that is currently Colorado Display set up at least 1 week
Traveling community for a minimum of 1 week a year. Water Focus) in 2013. Market and schedule traveling exhibit to appear in 1 location.
Display at a highly visible community location (e.g., recreation center, library, $500 $5,000
4% etc.) a minimum of 1 week in each KICP community.
Maintain, print, incorporate and track community Coordinate on line pledge program, including tracking results. Delivery Implement pledge program
Pledge and family pledge program into each program community (storm drain marking) pledge program via speaker's events and track results.
Program area including Speaker's Bureau, Traveling and community outreach booth events. Investigate grants to purchase $1,000 $6,840
5% Display, Outreach Booth, Stream Team events, digital pledge program resources for use at outreach and education
and School Programs. events.
2!4!2013 MCM 1 and 2 Scope of Work Summary Table
Strategy Activity 2013 Deliverables Operating Personnel
Estimates
Coordinate with and/or host a minimum of 11 Promote Stream Team program to key stakeholders in each KICP Boulder 2
Stream Team events. Support additional community. These include local business green teams, HS Honor Longmont 2
community groups and volunteers to participate Society and other service organizations. Develop list of Stream Team Lafayette 2
in Stream Team program. Invite and support large event opportunities and coordinate with sponsors to include Boulder County 2
community members of all ages to remove trash KICP component, Follow up with event participants by sending KICP Louisville 1
Stream from local streams. Program will be marketed via information and link to web site. Erie 1
Teams the web site, and as an "action" for those wishing Superior 1 $1,090 $16,415
12% to participate in water protection. Marketing
materials will be distributed to corporate green
teams, high school clubs and community
organizations and annual clean up event will
occur in each KICP community.
Mark 235 storm drains and distribute 1,350 door Coordinate completion of approximately 3% of storm drains marked in Boulder 125/450
hangers. Maintain current maps for each of the each community/year (with exception of Lafayette) Gather updated Longmont 55/400
KICP Partner communities. Maps feature KICP maps and develop plan including time line for electronic Lafayette 0/100
locations of marked drains and areas where door management of marking and door hanging activities. Boulder Cnty 71100
Storm Drain hangers have been distributed. Invite and Louisville 181200
Marking/Door support community members to apply storm Erie 21150
Hanging drain markers with message "Dispose No Waste, Superior 9/50 $2,180 $10,000
Drains to Creek" and deliver water protection
7% door hangers throughout nearby neighborhoods.
KICP will work in partnership with BCPH to plan
for Boulder County Youth Corps stream clean up
and storm drain marking activities.
Teach 93 programs. Develop and implement Boulder 35
survey for distribution to students. Water quality Longmont 31
education programs will be used as a tool to Lafayette 7
deliver stormwater/water quality information to Boulder County 6
Boulder Valley School District (BVSD) and Saint Louisville 5
Vrain Valley School District (SWSD) students. Erie 5
Classroom and Email and direct mail materials will be used to Offer KICP Education programs to SWSD and BVSD as well as Superior 4
Field Programs promote the program including materials that are independent schools in KICP communities. Develop and implement
available for check out for teachers. survey to assess pre program knowledge gained through education $3,270 $20,000
15% program.
Field based stream programs involve students in
assessing riparian area, testing water quality
parameters and investigating macro
invertebrates. Programs are customized to meet
grade level and time available.
Host 1 annual 2 day KICP/Project WET Teacher Host two day workshop. Develop and distribute survey to assess Host two day workshop.
Teacher Workshop offered to all BVSD, SWSD and local teacher's preprogram knowledge and to quantify follow up activities. Distribute pre and post
Workshop independent school teachers. Teachers receive Consider forests to faucets workshop model for 2014. Provide workshop survey to assess $1,000 $7,000
5% copy of KICP curricula, as well as Project WET recommendation teacher knowledge and to
guide. quantify follow u activities.
2/4/2013 MCM 1 and 2 Scope of Work Summary Table
Strategy Activity 2013 Deliverables Operating Personnel
Estimates
Host 2 Operation Water Festival orientation Offer KICP Education programs to SWSD and BVSD as well as Host 1 OWF orientation
meetings. Support all BVSD and SWSD independent schools in KICP communities. Develop and implement meeting in Boulder and
participating teachers in program delivery. Work survey to assess preprogram knowledge gained through education Longmont. Develop and
Operation in collaboration with Boulder and Longmont program. summarize survey results.
Water Festival Festival coordinators, KICP staff to prepare, $6,540 $8,000
6% deliver and implement the pre festival program to
all classes participating in the two festivals. KICP
is responsible for printing of materials.
Provide program management, program Supply quarterly and annual reports and presentations. Develop Approximately 16% of the total
planning, staff training and project and budget tracking and reporting methods for preprogram surrey results. personnel budget has been
Program oversight and evaluation to support the assigned to program
strategies. In addition, administrative activities administration and evaluation.
Administration include preparing presentations on program $22,393
16% status, scopes of work defining annual activities,
and quarterly and annual reports as well as
attending meetings.
Total $28,340 $136,790
Contract Tracking > Thank You Page 1 ot'1
STANDARD
Contract Routing Cover Sheet FEB 19 2013
Please print and attach to your document T0.-
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20130219-8206
Originating Dept Public Works
Contact Person Andrea Flanagan Phone Number 303-413-7372
Project Manager / Contract Curry Rosato E-mail rosatoc@bouldercolorado.gov
Administrator
Counter Parties Boulder County Public Health (BCPH)
Contract Title / Type Annual Intergovernmental Agreement
Number N/A N/A
Description Annual Intergovernmental Agreement between BCPH and the City (contractor) for the Keep it
Clean Partnership (KICP). The term of contract is effective January 1, 2013 throe i December 31,
2013.
Special Instructions * 2Originals bt'1C On S~"r'e,`l 4.0 ~LJ
Amount $165,130.00 Expense Type INCOMING
• Dept. Head 5 gnatu
NOTE; Originating Depa nt: dentify with a check mark all areas document needs to be routed.
• Purchasing-
• Budget ~~~JJ1
• Sales Tax
• CAO " x
• City Manager__
• Central Records
Try rk nn Ilome I Siu; ature Rourirc Form i T-arx Co r;racl Slalus I Uud,Ae Cuntw[A Stwtus
http://iiitraweb,ci.boulder.co.us/Contract"Tracking/servlet/Controller 2/19/2013