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IGA Amendment; Boulder County Public Health Amendment; Consluting services to address GHGs and recycling; Exp 12/31/2012 AMENDMENT TO CONSULTING SERVICES CONTRACT BE'rwEEN BOULDER COUNTY PUBLIC HEALTH THE CITY OF BOULDER DATED/ 13 / 1 This Amendment is made as of the 1 day of A t"( , 2012, by and between the City of Boulder, Colorado, a Colorado home rule city ("City"), and Boulder County Public Health (the "Consultant"). A. The City and the Consultant entered into a Contract dated July 13, 2011, to procure the implementation of energy efficiency and waste reduction programs to decrease greenhouse gas emissions and increase recycling and composting in the commercial building sector. B. The parties wish to amend the Contract as follows: (i) supplement the scope of work of the Contract to provide that the Consultant will be performing additional work for the City; (ii) extend the terms of the Contract through December 31, 2012; and (iii) renew the terms of the Contract and to clarify the promises and obligations of the parties as set forth in the Contract. NOW THEREFORE, in consideration of the promises and obligations set forth below, the parties agree to amend the Contract as follows: I . Section I. B of the Contract, is expanded to include the following additional provision, which fead. as follows: In addition to the services set forth in Appendix A, the Consultant agrees to perform the duties as set out in Appendix A-1, captioned "Scope of Work" which consists of nine (9) pages;and is attached hereto and made a pail hereof. 2. Section III of the Contract is expanded to include the following additional provision which read as follows: A detailed project schedule for the duties set out in Appendix A-1 is presented in Appendix A-1. 3. Section IV.A is deleted and replaced by the following: A. Aggregate Limits. Unless services in addition to those specified in Section I are subsequently agreed upon in writing, the total amount paid by the City to the Consultant pursuant to this Agreement shall not exceed the sum of $434,691. 4. Section IV of the Contract is expanded to include the following additional provision which reads as follows: I For the duties as set out in Appendix A-1, the Consultant's billing rates are set forth in Appendix B-1, which consists of one (1) page and is attached hereto and made a part hereof, 5. By this amendment the parties agree to extend the term of the Contract through December 31, 2012. A certificate of insurance shall be provided to the City evidencing coverage for the extended term of the Contract. 6. Except as amended herein, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands to this Contract Amendment on the day and year above first written. BOULDER COUNTY PUBLIC, I IF.ALTH By: Itle:.l STATE OF COLORADO ) ss. COUNTY OF BOULDER ) ckiiowled 'd orc me, a 1101a1-y public, is 2nd day of 1✓,1- rd _ 2012, by t_-z, its Witness my hand and official seal. My commission expires: Notal'1' llubllc (SEAL) s`~}r` A ?h` ' CITY OF BOULDER City Manager AT'FEST: 144-t-1-AD City Clerk APPROVED AS TO FORM: City Attorney's Office 2 APPENDIX A-1 SCOPE OF WORK BACKGROUND In June 2010, Boulder County ("the County") received a $25 million American Recovery and Reinvestment Act grant (the "Better Buildings Grant") from the Department of Energy to expand energy efficiency services to Boulder County residents and businesses. Of the $25 million, the County has an allotted $12 million in program dollars to identify the best ways to launch a robust building efficiency market in the County. With a portion of this Better Buildings Grant funding, the County is delivering energy efficiency services ("EnergySmart") to residents and businesses, with a target participation level of at least 10,000 homes and 3,000 businesses by June 2013. The Better Buildings Grant was developed in partnership with the City of Boulder ("the City"), the City of Longmont, the City and County of Denver, and Garfield County. In 2011, because of the City's aggressive climate action goals, the City contracted with Boulder County Public Health ("BCPH") to leverage the Better Buildings Grant funds that contribute to commercial EnergySmart services with additional Climate Action Plan ("CAP") Tax funding. The partnership between the City and BCPH in 2011 demonstrated the success of the EnergySmart and zero waste advisor services and rebate programs. Continuing the partnership in 2012 will build on this progress to stimulate behavior change and investments in energy efficiency and waste reduction in the commercial building sector. TASKS 1. Energy Efficiency Services A. BCPH will conduct four outreach campaigns to inform businesses in the City of EnergySmart services and/or encourage greater program participation. Target audiences for these campaigns will be identified and agreed upon by BCPH and the City. Examples of campaigns include, but are not limited to, outreach to office building owners/managers to promote heating and cooling optimization and upgrade opportunities, or outreach to businesses with refrigeration equipment to take advantage of utility and EnergySmart rebates for equipment upgrades and provide education on the importance of preventive maintenance. Contact will be made in the following ways: 1. BCPII will draft letters and/or emails to distribute to key target audiences describing the value of relevant EnergySmart services. 2. BCPH will follow up with phone calls to those key target audiences receiving letters and/or emails to provide more detailed information and to answer questions. BCPH will make three attempts to engage the business to participate in the services. 3. BCPl-I will track all business contacts in the Customer Management System ("CMS") used for EnergySmart services to ensure continuity of service and data accuracy. 4. BCPH will respond to hotline calls. 5. BCPII will participate in business meetings and events in coordination with the City. B. BCPI-I will provide energy advising to 550 businesses in the City. BCPH will track all business contacts in the CMS used for EnergySmart services to ensure continuity of service and data accuracy. Completing at least four (4) of these services will constitute advising one business for the purpose of this contract (example services listed below are subject to change based on staff use and experience with the CMS): 1. Opportunity analysis 2. Behavior change counseling 3. Technical assistance 4. Referral to partner programs 5. Cost and benefit assessment 6. Barrier assessment 7. Financial incentive support 8. Contractor information 9. Loan financing options 10. Compliance assistance 11. Post-implementation follow-up and recognition C. BCPH will identify and assist. 15 businesses in the City to achieve Partners for A Clean Environment ("PACE") certification. 1. BCPH will assist these businesses with entering appropriate utility data into the Envirotvnental Protection Agency's ("EPA") ENERGY STAR Portfolio Manager. 2. BCPH will work with eligible businesses in the City to ensure they are in compliance with environmental laws and regulations.) 3. BCPH will work with businesses in the City to install eligible energy efficiency and water conservation measures that are required for receiving PACE certification. 4. BCPH will track all business contacts in the CMS used for the. EnergySmart services to ensure continuity of service and data accuracy. D. BCPH staff will update the EnergySmart website and the PACE website, as needed, to keep current information posted regarding incentive programs and services, PACE certified businesses, upcoming events and press releases, and additional program and service resources. E. BCPH will provide program management and administration, including hiring and training new staff. BCPII will assist in the design of, and be trained in, rebate incentives specific to the City. BCPH will also maintain the quality of the CMS through monthly quality control and maintenance activities and meet with the City on a monthly basis to review data and lessons learned. F. BCPH will assist the City with data interpretation as necessary. II. Zero Waste Services A. BCPH will contact 300 businesses in the City to answer questions regarding zero waste and to encourage participation in EnergySmart zero waste services. Three attempts will BCPH manages environmental compliance in the County related to stormwater, food safety, and air quality. 4 be made to engage the business. 13CPH staff will track all business contacts in the CMS used for EnergySmart services to ensure continuity of service and data accuracy. B. BCPH staff will provide zero waste advising to 275 businesses in the City, primarily focusing on the restaurant sector. BCPH staff will track all business advising services in the CMS used for EmergySmart services to ensure continuity of service and data accuracy, Completing at least four (4) of these services will constitute advising one business for the purpose of this contract (example services listed below are subject to change based on staff use and experience with the CMS): 1. Opportunity analysis 2. Audit report 3. Behavior change counseling 4. Technical assistance 5. Referral to partner programs 6. Cost and benefit assessment 7. Barrier assessment 8. Financial incentive support 9. Contractor information 10. Compliance assistance 11. Post-implementation follow-up and recognition C. BCPH will assist seventy (70) businesses in the City to achieve PACE "Zero Waste Area of Isxcellence (AOE) certification. BCPH staff will meet with the business to confirm that all requirements have been fulfilled before awarding the AOF. D. BCPH will provide input and assist the City to design and implement zero waste incentives for businesses in the City. E. BCPH will update the PACE website as needed to keep current zero waste information regarding incentive programs and services, PACE-certified businesses, upcoming events and press releases, and program and service resources. F. BCPH will provide program management and administration, including hiring and training new staff. BCPH will assist in design of, and be trained in, rebate incentives specific to the City. BCPH will also maintain the quality of the CMS through monthly quality control and maintenance activities and meet with the City on a monthly basis review data and lessons learned. DELIVERABLT,S 1. Energy Efficiency Services A. A Semi-Annual Report will be provided to the City on July 31, 2012, and an Annual Report will be provided to the City on January 31, 2013. Each report will contain the following: 1. An update on the implementation of energy efficiency services and projects completed during the calendar year to date preceding the report, including: i. A two- to four-page (2-4 page) executive summary highlighting accomplishments of all the tasks listed in the Tasks Section I. ii. A narrative summary of lessons learned in providing technical assistance services for energy efficiency to businesses in the City. 5 iii. A narrative summary of barriers businesses are facing in implementing energy efficiency and successful approaches in helping businesses overcome those barriers. iv. A narrative summary on EnergySmart services, including the number of projects implemented County-wide and within the City, total energy savings, and total project costs?, businesses incurred to implement energy efficiency measures. 2. An update on the status of businesses receiving energy advising services. These reports will be generated from the CMS and will include: i. A list of City and County businesses contacted for EnergySmart services. ii. A list of City and County businesses that received energy advising services, as outlined above in Tasks Section 1, as well as: a. The status of these businesses in the process of receiving services; b. The types of energy efficiency measures being implemented by these businesses; and c. The deemed energy, cost, and greenhouse gas savings resulting from implementing these energy efficiency measures. iii. A list of rebates, and "rebateable measures" by rebate, issued to City and County businesses, including: a. Business names, business types, locations, and dollar amounts for rebates issued; b. A breakdown of rebateable measures being implemented; and c, The total number and dollar amount of rebates issued. iv. Estimated total project costs for City and County businesses that have completed energy efficiency measures. B. Status Reports 1. BCPH will provide both monthly and quarterly updates to the City: i. Quarterly Accomplishments Reports: BCPH will provide in-depth reports on the status of commercial EnergySmart services each quarter, The reports will describe activities during the prior three (3) month period. Quarterly reports will be due on the third Monday of each reporting month (January 23, 2012; April 15, 2012; July 15, 2012; October 21, 2012; January 20, 2013). ii. Monthly Rebate Reports: BCPI I will provide an overview of rebate activity in the City during the prior month and list businesses receiving rebate funds. Rebate reports will be provided on the third Monday of each month. 2. BCPH relies on contracted entities supporting the rebates and CMS to complete these reports. Reports may be incomplete or delayed due to reporting errors by contracted entities or system errors beyond BCPII control. BCPH will communicate any reporting issues as soon as possible to the City. 2Total project costs are only available for projects that received rebates. 6 11. Zero Waste Services; A. A Semi-Annual Report will be provided to the City on July 31, 2012, and an Annual Report will be provided to the City on January 31, 2013. Each report will contain the following: 1. An update on the implementation of zero waste services and projects completed during the calendar year to date preceding the report, including: i. A two- to four-page (2-4 page) executive summary highlighting the accomplishments of all the tasks listed in Tasks Section Il. ii. A narrative summary of businesses in the City that had site visits, audits, and certification, and an estimate of average increase in waste diversion. iii. A narrative summary of survey results from businesses in the City receiving zero waste site visits and technical assistance. iv. A narrative summary of lessons learned in providing technical assistance for zero waste to businesses in the City. v. A narrative summary of barriers businesses face in implementing zero waste and successful approaches in helping businesses overcome those barriers. 2. An update on the status of businesses receiving zero waste advising services. These reports will be generated from the CMS and will include: i. The number of businesses in the City contacted for zero waste services. ii. A list of businesses in the City that received zero waste assistance, as outlined above in Tasks Section II, as well as: a. The status of these businesses in the process of receiving services. b. The types of advising services provided to the businesses and the outcome of any additional subscribed services by these businesses. c. The waste audit results and estimated change in diversion rates for the year-to-date. iii. List of businesses that implemented zero waste services because of rebate incentives. iv. Five successful business case studies that implemented zero waste services and are achieving an increased diversion rate. 7 TIMELINE Rebate Status Quarterly Reports Semi-Annual and Month Reports Due Due Annual Reports Due January 2012 1/21 1/233 1/31 February 2012 2/18 March 2012 3/18 April 2012 4/15 4/15 Mav 2012 5/20 Junc 2012 6/17 Jul 2012 7/15 7/15 7/31 August 2012 8/19 September 2012 9/16 October 2012 10/21 10/21 November 2012 11/18 December 2012 12/16 January 2013 1/20 1/20 1131 BUDGET TAW - - - 7_14017RS I'I,1110C1z T0'I'AL A - f uergy I{Ificieney Services, Four Outreach Cam~lai ins 832 50.63 $42,124 Energy Advising to 550 businesses 3850 50.63 $194,926 ENERGY STAR Portfolio Manager for 15 75 50.63 $3,797 businesses Zero Waste Services _ Contact MO businesses 300 50.63 $15,189 Technical advice on zero waste to 275 businesses 1375 50.63 j $69,616 Zero Waste certification for 70 busitesses 280 50.63 _$14,176 Total Business Outreach - 6712 S339,829 Reportinland .-Administration ~ Work Plan and Re ports 410 50.63 x;20,758 Zero Waste Outreach Tools 45 50.63 $2,278 Maintain CMS and Website 480 50.63 $24,342 Administration 315 50.63 $15,948 Total Administration - 1250 $G3,?88 ToOl Personnel (including sttrcharges) _ i S403.1116 Operating Costs (t: jklS accem, computer' ;31,575 ec ui1fnrent, telnporary sulprr•t) ,rOTAL** 7962 $434,691 * For- Energy Efficiency Service, $8,500 will be invoiced to 130111der- County Finance, who will in turn invoice the City of Boulder f'or the services rendered and the obligations set forth in the Intergovernmental Agreement Between Boulder County and City of Boulder Concerning the Funding of 8 i Energy Efficiency Programs. "Mileage is pro-rated across business sustainability scopes of work and adjusted for city of Boulder proximity to BCPH offices. 9 APPENDIX B-I CONSULTANT PERSONNEL AND BILLING RATES Boulder County Public Health Billing Rates Staff Title Primary Duty/Role Hourly Rate Project Coordinator Develop work plan, track contract deliverables, $50.63/hour (Ener ySmart) and compile reports. Six (6) Advisors Provide energy efficiency services. $50.63/hour (Ener ySmart and Zero Waste) Project Coordinator Develop work plan, track contract deliverables, $50.63/hour (Zero Waste) provide zero waste services, and compile reports. 10 Contract Tracking > Thank You http://intraweb.ci.boulder.co,us/ContractTracking/servlet/Controller Gp- C1~~ A T Op TMF APR 1U~~ ro. STANDARD Contract Routing Cover Sheet Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Page. Routing Number 20120404-7372 Originating Dept Planning Contact Person Sue Erickson Phone Number 303-441-4268 Project Manager / Contract Elizabeth Vasatka E-mail vasatkae@bouldercolorado.gov Administrator Counter Parties , 113oulder County Public Health Contract Title / Type (Amendment to Consluting Services Contract Between BoCo Public Health & COB Number ~i Description Contract Renewal: City and the Consultant entered into a Contract dated July 13,2011, to procure t iie implernentation of energy efficiency and waste reduction programns.to decrease greenhouse gas emissions and increase recycling and composting in the commercial building sector. Special Instructions (Amount 1, 434691.00 Expense Type (OUTGOING • Dept. Head Signature___ NOTE; Originating Department: Identify with a check mark all areas document needs to be routed. • Purchasing • Budget • Sales Tax • CAO • City Manager✓ • Central Records Contract Tracking Home Signature Rou[ina Form Track Contract.5tatus Unclate Cantratt S,tus 1 of 1 4/4/2012 11:29 AM