HomeMy WebLinkAboutC09-005 American Public Works AssociationPublic Works
Department
Phone: (970) 328-8880
FAX: (970) 328-8899
EAGLE COUNTY
APWA Accreditation Council
Director of Credentialing
2345 Grand Blvd., Ste. 700
Kansas City, MO 64108-2625
December 16th, 2008
Dear Council,
Eagle County
P.O. Box 850
500 Broadway
Eagle, CO 81631
Eagle County is pleased to participate in the process of becoming accredited by the American
Public Works Association Accreditation Council. Our Public Works Department has
appropriately budgeted for the application process and staff will complete the requirements by
the end of summer 2011.
The department has the support of the Eagle County Board of County Commissioners and the
senior management within the County. We expect the process to help us develop more efficient
and sound processes and procedures across each of the departments, and, hope to see benefits in
other departments as well.
Respectfully,
Peter Runyon, Chairman,
Eagle County Board of County Commissioners
Y~~'
Y ~~.
ACCREDITATION COUNCIL
OF THE
AMERICAN PUBLIC WORKS ASSOCIATION
APPLICATION FOR
VOLUNTARY ACCREDITATION
Agency Name: * Eagle County Government
*An entire operating division of a public works agency can apply for accreditation if it is a separate, semi-
autonomous unit of government.
Street Address: 590 Broadwa
City: Eagle State: CO Zip: 81631
Mailing Address: P.O. Box 850
(If different from street address)
City: Eagle State: CO Zip: 81631
• Parent Agency's Chief Executive Officer: Keith Monta
Title: Acting County Manager Elected - ^ Or Appointed -
• Public Works Agency's Chief Executive: Tom Johnson
Title: Public Works Director Elected - ^
Phone: FAX: E-Mail
APWA Member? -- Yes, I.D. Number
APWA Agency Member? ^ -- Yes, Contact Individual
Or Appointed -
^--No
^--No
Web address: www.eaglecounty.us
• Public Works Agency's Accreditation Manager: Tom Johnson
Title: Public Works Director
APWA Member? -- Yes, I.D. Number 645955 ^ -- No
Phone: 970.328.8882 FAX: 970.328.8899 E-Mail tom.johnson _eaglecountv.us
The public works agency is responsible for the Functional Areas, which are checked on the reverse side of this application form. The agency is
responsible for complying with all recommended practices in the Functional Areas for which the public works agency has responsibility. Each area is
covered by a separate chapter in the Public Works Management Practices Manual and forms the basis for fees charged for the accreditation process.
We hereby apply for voluntary accreditation by the Accreditation Council of the American Public Works Association. By means of this application, the
agency acknowledges its commitment to accreditation and is willing to devote the resources necessary to complete the accreditation process. The
agency is prepared to provide such information necessary for the Council to fairly evaluate the agency's eligibility for accreditation.
Agency will indemnify and hold harmless APWA and the Council from liability, claims, suits, expenses, including court costs and attorneys' fees, and
other obligations arising out of or attributable to APWA's and the Council's negligence in such accreditation. Agency releases APWA and the Council,
and will indemnify them against and hold them harmless from, any claim or liability of Agency or its employees and agents, for damages for defamation,
libel or slander, arising out of, or attributable to, Agency's Application for Accreditation and/or the approval, denial, renewal or termination thereof.
Enclosed is a letter of commitment from the parent agency's Chief Executive Officer, a completed Accreditation Agreement and a check or purchase
order for the fees. We understand that our agency is entering into anon-adversarial, collaborative relationship with the Council for the purpose of
attaining accredited status. The agency can terminate its application status at any time upon notice as indicated in the aforementioned Accreditation
Agreement, Sections 4.2, 6.2, and 6.4, but will be eligible for only a partial refund as contained in the Agreement.
Executed this ,day of ~ ' ~. ' ~ , 2008
By: ~~_ 1~~~~`~ ~~--- ---~'"~-~~- Title: Public Works Director
Tom Johnson
(Typed or printed name)
Effective September 15, 2008 1
DETERMINATION OF FEES AND APPLICABLE FUNCTIONAL AREAS
Which of the following functions does your department administer, manage, or provide services --either directly or through a contractor or outside
vendor? The department is responsible for an entire chapter if they have any involvement in any portion of the practices contained in a chapter, even if
another department or agency has ultimate responsibility. If there is any accountability-the whole chapter applies. Explain reason for not being
responsible or accountable for a particular functional area.
FUNCTIONAL AREA (Chapter Number) E N REASON FOR NON-RESPONSIBILITY
Cha ter 1-9 Re uired for all a encies
Plannin and Develo ment 10 x
En ineerin Desi n 11 x
Bid Process 12 x
Pro'ect Mana ement 13 x
Ri ht-of-Wa Mana ement 14 x
Utili Coordination 15 x
Facilities Mana ement 16 x
E ui ment and Fleet Mana ement 17 x
Parks, Grounds and Forest 18 x
Solid Waste Mana ement 19 x
Solid Waste Collection 20 x
Solid Waste Rec clin and Reuse 21 x
Solid Waste Dis osal 22 x
Street Maintenance 23 x
Street Cleanin 24 x
Snow Removal and Ice Control 25 x
Storm Water and Flood Mana ement 26 x
Vector Control 27 x
Potable Water 28 x
Wastewater Collection and Conve ante 29 x
Wastewater Treatment and Dis oral 30 x
Traffic O erations 31 x
Parkin 32 x
Cemeteries 33 x
Air orts 34 x
Transit O erations 35 x
Bridges (36) x
TOTALS {please enter a number for both Yes and No) 19 9 Total for Yes and No must equal 28
Fees for accreditation are as follows: All applicants are responsible for Chapters 1 through 9 in the Public Works Management Practices Manual,
regardless of functional responsibilities.
Part A: Base Fee by Agency Population (2000 Census Data)
Check POPULATION Extension
Under 10,000 $1,000
10,001 to 25,000 $2,000
25,001 to 50,000 $5,000 5,000.00
50,001 to 100,000 $7,000
100,001 to 300,000 $9,000
300,001 to 1,000,000 $12,000
More than 1,000,000 $15,000
Subtotal Base Fee $ 5,000.00
Part B: Functional Area Fee (Added to the Base Fee
Functional Areas FUNCTIONAL AREAS Extension
9 First 9 Cha tern R uired for all a encies $800 $800
Each additional chapter
Maximum fee for additional cha tens is $4,800 $200
each $ 3,680
Subtotal Functional Area Fee $ 4,400
Total Fee (add Base Fee and Functional Area Fee)
S 9.400
Calculation of fees is subject to verification by the Accreditation Council. Additional fees will be charged for Functional Areas, which should have been
included in the original calculation.
Applications from agencies that are not Agency Members of APWA or where both the chief public works executive and the accreditation manager are
not APWA members are subject to a 50% surcharge.
An appeal fee of $1,000 will be charged for all appeals, with the full fee being rebated to agencies that prevail on the appeal. The re-accreditation fees
will be one-half of the then applicable fees for accreditation, plus the actual cost for an on-site assessment.
Excludes on-site assessment costs, instructional materials, reference materials, subscriptions, consultitng, or other services purchased directly from the American Public
Works Association.
z Each functional area is represented by a separate chapter in the manual. Conversely, each chapter will be counted as a functional area for the purpose of determining
accreditation fees.
2 Effective Sept 15, 2008
ACCREDITATION AGREEMENT
This agreement is entered into between the Eagle County Public Works Dept with principal offices located at 590 Broadwav,
Earle. CO 81631 herewith referred to as the "Agency"; the "Accreditation Council of the APWA", herewith refered to as the
"Council"; and the APWA, anon-profit 501(c)(3) corporation, herewith referred to as "APWA."
WITNESSETH
The Agency and the Council, for and in consideration of the mutual covenants set forth in this Agreement and the compensation to
be paid to the APWA, acting as the fiduciary agent for the Council, as hereafter specified, covenant and agree to be bound by the
provisions, terms, and covenants contained herein. WHEREFORE, each party covenants and agrees as follows:
Section 1. PURPOSE OF THIS AGREEMENT:
1.1 The purpose of this Agreement is to establish the relationships between, and set the responsibilities of, the parties of the
Agreement (a) by the Council assessing the Agency's compliance with recommended practices established by the APWA imrder
for the Council to determine if the Agency is eligible for designation as accredited, and (b) by the Agency's maintaining
compliance with those standards by which they were accredited.
Section 2. AGENCY'S RESPONSIBILITIES:
The Agency agrees to:
2.1 Provide all information, using its best and honest judgment in good faith, requested by the Council.
2.2 Provide all documents, files, records, and other data as required by the Council and APWA so far as the same may be
provided in accordance with laws, regulations, and ordinances of the state, county, locality, or municipality in which the agency is
located.
2.3 Conduct a self assessment as to compliance with recommended practices, and provide full and accurate results thereof to
the Council using software developed and approved by the Council.
2.4 Provide one or more persons to assist the Council representatives, hereafter referred to as the "Evaluators," in making the
necessary inquiries and assessments of agency information relative to compliance withrecommended practices; provide access to
files and records; and provide necessary facilities that are requested by the Evaluators*.
2.5 Respond to all communications from the Council within ten (10) business days from the receipt thereof.
Section 3. COUNCIL'S RESPONSIBILITIES:
The Council agrees to:
3.1 Provide necessary documentation, forms, and instructions regarding the accreditation process.
3.2 Provide Evaluators for the purpose of conducting an orrsite evaluation of the Agency's compliance with recommended
practices,
3.3 Promptly analyze compliance data and advise the Agency of the results of the or}site evaluation and the need for
additional information, if any.
3.4 Conduct a hearing and certify the Agency as accredited if the relevant standards are complied wih.
3.5 If the Agency is accredited, (a) provide a certificate and award, and (b) make available indicia of accreditation.
3.6 If the Agency is not accredited following an examination of compliance with recommended practices, provide the Agency
with reasons for the Council decision.
*This provision applies only after payment of oxrsite evaluation costs by the agency.
Section 4. TIME PERIOD COVERED BY THIS AGREEMENT:
4.1 This agreement shall take effect when the Agency's Chief Executive Officer, or authorized repreentative, and the
Executive Director of the APWA, acting on its behalf, sign the Agreement. This Agreement shall be effective upon signing by the
second party.
Rev. Sept 2008 APWA Agency
Accreditation Agreement Page 1 of 5
4.2 The terms and covenants of this Agreement shall terminate in the following circumstances:
(a) Upon execution of a Re-accreditation Agreement between the Agency and Council: or
(b) Upon expiration of the 36th month following the effective date of this Agreement unless a successful onsite
evaluation is completed within that period of time; or
(c) Upon written notice by the Agency that it withdraws from the accreditation process; or
(d) Upon termination pursuant to Section 5.2 or 6.3 hereof; or
(e) Upon expiration or revocation of the Agency's accredited status.
4.3 Council may, at its discretion, upon request by the Agency, extend this Agreement in accordance with Section 6.3.
Section 5. MODIFICATION:
5.1 There shall be no modifications of this Agreement except in writing, signed by both parties, and executed with the same
formalities as this document.
5.2 The Agency recognizes and acknowledges that it will be necessary for the Council to make reasonable modifications and
amendments to this Agreement and other related documents, including but NOT limited to the accreditation standards and
procedures thereof and hereby agrees to endorse all modifications and amendments, which the Agency deems reasonable. In the
event the Agency deems such modifications or amendments unreasonable, the Council reserves the right to terminate this
Agreement after due consideration thereof by giving notice by registered or certified mail, return receipt requested, that in the event
the Agency refuses to accept and execute such modifications or amendments, then and in such event, this Agreement will be
terminated.
Section 6. TIME AND MANNER OF PAYMENTS:
6.1 The Agency may elect one of two options (lump sum or installment) for payment of the accreditation fee, which is not
refundable (except as noted in Section 6.3). Under either option, the fees do not include the Agency's resprnsibility to reimburse
for costs associated with the on-site evaluation. On-site evaluation costs will be prepaid by the APWA and will be billed separately
upon completion of the on-site evaluation.
The Agency agrees to one of the following options by choking the appropriate block
(a) Lump Sum Option ^
The Agency is responsible for directly or indirectly administering, managing or providing public works related services in
18 functional areas, more fully described on the Agency's Appication for Accreditation, which is hereby incorporated into this
agreement. The Agency will remit to APWA a single payment in the lumpsum amount for processing of the accreditation of
$ 9.400.00, upon the signing of this Agreement by the Agency's Chid Executive Officer.
The total amount of 9 400 is herein remitted to the American Public Works Association via check number ; or
Purchase Order No. is herein remitted to the APWA in the amount of $
OR (b) Installment Option ^
The Agency is responsible for directly or indirectly administering, managing or providing public works related services in
functional areas, more fully described on the Agency's Application for Accreditation, which is hereby incorporated i~o
this agreement The Agency will remit to APWA a total payment of $ for processing of the accreditation. T'he first
installment of $ (50% of total fee) is due at the signing of this Agreement by the Agency's Chief Executive Officer. The
second installment of $ (remaining 50% of fee) is payable by the end of the eighteenth (18~'~ month from the
effective date of this Agreement or at the time of submission of the completed selfassessment and request for the onsite evaluation,
whichever occurs first
The first installment of $ is herein remitted to the American Public Works Association via check number ; or
Purchase Order No. is herein remitted to the APWA in the amount of $
*The Council reserves the right to terminate this Agreement if an installment payment is delinquent by more than sixty days.
6.2 If the Agency is determined ineligible to apply for participation in the accreditation program, subsequent to execution of
this Agreement and payment of fees, a refund of fees received will be paid to the Agency, less a $1,000 processing fee.
Rev. Sept 2008 APWA Agency
Accreditation Agreement Page 2 of 5
6.3 The Agency may request to be invoiced for the Council's and APWA's projected on-site evaluation costs plus a 10%
contingency (based on estimated costs,) and payment would be required at least thirty (30) days before the o~rsite evaluations. If
the projected costs exceed the actual on-site costs, the excess amount deposited will be returned promptly to the Agency by APWA.
If the actual costs exceed the deposit, the Agency agrees to reimburse APWA within thirty (30) days of receipt of an invoice for the
additional costs.
6.4 If an Agency voluntarily withdraws its application for Accreditation subsequent to execution of this Agreement, the
Agency shall receive a refund based on the following schedule, based on the effective date of this agreement:
Less than one-year: Seventy percent (70%) of the total fee
More than one-year, but less than two years: Fifty percent (50%) of the total fee
More than two-years No refund allowed
Refunds shall not exceed the amount actually paid by the Agency.
6.5 If the Agency requires more than 36 months to complete a successful or}site evaluation, the Agency may request a 12
month extension to this contract. Ifthe extension is granted, the Agency agrees to pay a non-refundable fee amounting to 25% of
the fee in effect on the effective date of this Accreditation Agreementfor that additional period. The Agency may continue to
request an additional extension every 12 months thereafter, until a successful on~site evaluation has been achieved or this
Agreement has been terminated in accordance with Section 4 supra. No such additional fee will be levied where the Council or
APWA delays the on-site evaluation for their convenience or where the on-site evaluation cannot be reasonably scheduled within
the origina136-month period.
6.6 If the Agency's initial on-site evaluation is not successful (i.e., work after the initial on-site evaluation is required to
achieve compliance with recommended practices), and the volume of review necessary for completion would require a second or}
site evaluation, the Agency shall prepay estimated costs, plus a 10% contingency, (based on estimated costs) for a subsequent on
site evaluation and/or additional stafflevaluator assistance required on or off site. The additional work required (on and/or off site)
must be completed within six (6) months. If the projected costs exceed the actual costs, the APWA will promptly return the excess
amount to the Agency.
Section 7. CONFIDENTIALITY:
7.1 The Council shall receive and hold confidential any and all reports, files, records and other data obtained from the Agency
pursuant to this Agreement. The Council shall not disclose, distribute, or release to any person or organization, except authorized
Agency officials, employees or agents, or upon order of any court, state or federal, any materials or contents thereof, either
provided by the Agency or developed by the Council and APWA in the furtheranceof its responsibilities under this Agreement.
Notwithstanding anything in this Agreement to the contrary including the above, the Council is authorized, but not required, in the
exercise of its sole discretion, to conduct an open meeting regarding the Agaicy's candidacy for accreditation or, its continued
compliance with applicable standards, including but not limited to all factual matters relating to the assessment, appraisal, and
determination of accreditation and all comments which form a basis for theopinion either in favor of or against accreditation,
unless specifically notified by the Agency in writing to the contrary, in which case such meeting shall be closed to the public.
Nothing herein shall be construed to require the Council to conduct all a~ part of its meeting in public, including but not limited to
the right of the Council, in the exercise of its sole discretion, to terminate an open meeting at any time and conclude such meeting
in a closed session.
7.2 In response to inquiries concerning the Agency, the Council's reply will be to identify the Agency's status. All other
requests for information will be directed to the Agency's Chief Executive Officer.
Section 8. NEWS RELEASES:
8.1 Notwithstanding any provision of this Agreement to the contrary, the Council and APWA shall have the right to identify
the Agency in news releases and its publicity program after the Agency's onsite evaluation has been scheduled; the purpose of said
news release and publicity program will be to identify the Agencyas seeking accreditation. Where specific mention of the Agency
is used in this regard, a copy of the news release or publicity material will be provided to the Agency for its information.
8.2 The Agency shall provide Council with a copy of all its news rdeases or publicity material concerning its accreditation
activities.
8.3 The Council and APWA may release the identity of the Agency to other agencies considering or involved in either a self
assessment or accreditation. The express purpose of releasing the identity is to encourage, promote and facilitate networking
among agencies.
Rev. Sept 2008 APWA Agency
Accreditation Agreement Page 3 of 5
Section 9. THE COUNCIL AS AN INDEPENDENT CONTRACTOR:
9.1 In all matters pertaining to this Agreement, the Council shall be acting as an independent contractor, and neither the
Council and APWA nor any officer, employee, or agent of the Council and APWA will be deemed an employee of the Agency.
The selection and designation of the personnel of the Council and APWA in performance of its responsibilities under this
Agreement shall be made by the Council and APWA.
9.2 In all matters pertaining to this Agreement and the relationship between the parties thereto, the Executive Director of the
Council and APWA will act in the name of the Council and APWA. '
Section 10. INDEMNIFICATION:
10.1 The Agency shall indemnify and hold harmless the Council and APWA from all claims, demands, suits, and actions
against the Council and APWA as a result of the distribution by the Agency to third persons of any reports, results of analyses,
recommendations, or other communications furnished to it by the Council and APWA.
10.2 The Agency shall indemnify and hold harmless the Council and APWA, its officers, employees, and agents from any and
all liability, loss or damage, which may be suffered or incurred as a result of claims, demands, suits, or actions arising out of the
Agency's actions related to this agreement.
10.3 The person signing on behalf of the Agency hereby represents and warrants that he or she has the power and authority to
execute this Agreement and to bind said Agency to all terms and covenants contained herein including, but not limited to, the
provisions of this Section 10.
10.4 Agency will indemnify and hold harmless APWA and the Council from liability, claims, suits, expenses, including court
costs and attorneys' fees, and other obligations arising out of or attributable to APWA's and the Council's negligence in such
accreditation. Agency releases APWA and the Council, and will indemnify them against and hold them harmless from, any claim
or liability of Agency or its employees and agents, for damages for defamation, libel or slander, arising out of, or attributable to,
Agency's Application for Accreditation and/or the approval, denial, renewal or termination thereof.
Section 11. INTEGRATION:
11.1 This instrument embodies the whole Agreement of the parties. The parties warrant that there are no promises, terms,
conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the parties hereto.
Section 12. SEVERABILITY:
12.1 If any provision of this Agreement a~ the application of such provision to any person or circumstance shall be held invalid,
the remainder of this Agreement and the application of such provisions to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.
Section 13. CHOICE OF LAW:
13.1 This Agreement and the rights of the parties hereunder shall be governed by and interpEted in accordance with the law of
the State of Missouri.
Section 14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS:
14.1 When the Agency is awarded accreditation by the Council, the Agency agrees to maintain compliance with those
applicable standards under which accreditation was awarded. ABer award of accreditation, the Agency agrees to (a) filea bi-annual
report on forms supplied by the Council that testify to its continuing compliance, and (b) promptly notify the Council when it
cannot or does not maintain compliance with recommended practices.
14.2 As regards maintaining the agency's accreditation status, the Agency and the Council acknowledge and agree to be bound
by the provisions of the Accreditation Process Guide.
Section 15. WARRANTY NOT INTENDED OR IMPLIED:
Rev. Sept 2008
APWA Agency
Accreditation Agreement Page 4 of 5
15.1 It is understood that the Council's award of accreditation does not constitute a warranty, express, or implied, of total or
continued compliance by the Agency with all recommended practices of accreditation and, further, that it is not a subtitute for the
Agency's ongoing and irrdepth monitoring and evaluation of its activities and the quality of its services.
Section 16. WAIVER:
16.1 Any waiver by the Council or any breach of this Agreement by the Agency shall relate only to that particula~breach and
shall not amount to a general waiver.
Section 17. NOTICE:
17.1 Any notice between the parties shall be in writing and set postage prepaid, to the addresses as specified in the preamble of
this Agreement or to such other address as either party may specify in writing in accordance with this section.
Section 18. HEADINGS:
18.1 The heading of this Agreement shall not be deemed part of it and shall not in any way effect its construction.
Section 19. ESTABLISHMENT OF RECOMMENDED PRACTICES:
19.1 The Agency and Council agree that the Sixth Edition of the Public Works Management Practices Manual (referred to as
the "Manual") published in September 2008, shall be the basis for the self assessment conducted by the Agency, unless otherwise
agreed to in writing by the Council.
19.2 The Council's evaluation of the self assessment prepared by the Agency and determination of the Agency's compliance
with recommended practices and thus eligibility for accreditation shall be based on the edition of the Manual cited in Sectirn 19.1.
19.3 The Agency agrees to submit results of the self assessment using software developed and approved by the Accreditation
Council for use with the Sixth Edition of the Manual
19.4 The Agency has read the following documents and agrees to and accepts 11em:
(a) Public Works Management Practices Manual, Sixth Edition
(b) Accreditation Process Guide
IN WITNESS WHEREOF, the Agency has caused this Agr
F
200_. ® ~w l e p
Witness:
1 ~`~',
Witness:
(Typed name), ~"~~
C-l C- ~,_1C... ; 121 ~ YL q ~
(Title)*
By:
(Typed name)
(Title)*
xecuted in duplicate on this _ day of ,
ca
.~
~Z
*Title of the Agency's Chief Executive Officer or Chief Elected Official and title and that of the appropriate civil authority in the
event such signature is required to effect this Agreement. If not required, please so note in this signature flock.
IN WITNESS WHEREOF, the Council has caused this Agreement to be executed by the Executive Director of the American
Public Works Association, acting on its behalf.
Witness: By:
M. Kaye Sullivan
Deputy Executive Director, COO
Rev. Sept 2008
APWA Agency
Accreditation Agreement Page 5 of 5
