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IGA Amendment (2); Boulder County; Energy Efficiency Programs SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CONCERNING THE FUNDING OF ENERGY EFFICIENCY PROGRAMS THIS SECOND AMENDMENT 'rO INTERGOVERNMENTAL AGREEMENT CONCERING THE FUNDING OF ENERGY EFFICIENCY PROGRAMS (this "Second Amendment") is made as of the 154,day of , 2012, by and between the City of Boulder, Colorado, a Colorado home rule municipality (the "City"), and Boulder County, a body corporate and politic of the State of Colorado (the "County"). WHEREAS, the City and the County (the "Parties") entered into an Intergovernmental Agreement Concerning the Funding of Energy Efficiency Programs dated June 21, 2011 (the "Agreement"); and WHEREAS, the Parties previously amended the Agreement on August 9, 2011; and WHEREAS, the Parties again desire to amend the Agreement to change certain provisions of the Agreement as they relate to the program administration and funding of the Commercial Program. NOW THEREFORE, in consideration of the promises and obligations set forth below, the Parties agree to amend the Agreement as follows: 1. Section 2.1) shall be amended by adding a new paragraph 3, which shall read as follows: 3. Round 3: Energy efficient lighting, funlaces, air conditioners, motors, and drives (from 1/1/12 through the earlier of 12/30/2012 or the depletion of funds for this program); amount of rebate is based on deemed energy savings. 2. Section 4.13.6 shall be amended by adding a new subparagraph c, which shall read as follows: c. In 2012, the County may use $300,000 of CAP "Tax Funds for the EnergySmart Commercial Rebates for the exclusive benefit of City Applicants; provided, however, that these 2012 funds shall only be expended if at least 60 percent of total Competitive Grant funds allocated for EnergySmart Commercial Rebates for the period frorn January 1, 2012 through December 31, 2012 have first been expended. 3. Section 4.B.7, subparagraph a., shall be amended by the addition of the following language, to read as follows: The County spent $25,000 of City Allocated Grant Funds for Energy Sweeps for City Applicants. The parties now wish to take the remaining balance of 58500 from the Energy Sweeps program and apply it to the "Technical Assistance program. Therefore, the parties agree that in 2012, 1 the County may use $8,500 of the City Allocated Grant Funds for Referral to provide Commercial Technical Assistance services through the Commercial Program, as provided in Section 2.B.3 in the Agreement. 4. Except as amended herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have set their hands to this Amendment on the day and year above first written. CITY OF BOULDER: By. Jane S. Brautigam, City Manager ATTEST: C Clerk APPROVED AS TO FORM: City Attorney BOULDER O Cindy Dom co, Chair Board of Boulder County Commissioners 1 l Attest: Q e Clerk to the Board Date Contract Tracking >'Thank You littp://intraweb,ci.boulder.co.tts/Conti-actTracking/scivleUCoiitroller '~/Ty AGE 41 1) STANDARD ti 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 120120411-7398 v Originating Dept Planning Contact Person i Sue Erickson Phone Number [303-441-4268 Project Manager / Contract Kelle Boumansour E-mail Iboumansourk@bouldercolorado.gov Administrator I Counter Parties I Boulder County Contract Title / Type (Intergovernmental Agmt Concerning Funding of Energy Efficiency Programs (Number 'T Description Second amendment to the EECBG IGA with Boulder County to address changes to the program administration and funding of the Commercial Program. (Special Instructions Please return both copies of the contract to Kelle Boumansour so she can obtain Boulder County Signatures Amount Expense Type OUTGOING Dept. Head Signature NOTE; Originating Depart e entify with a check mark all areas document needs to be routed. • Purchasing _ • Budget • Sales Tax Y- CAO N City Manager_ • Central Records Contract Tracking Horne Signature Routing Forrn I Track Contract Status UQd.ate Contract Status ID1I- 1 of 1 4/1I/2012 5:00 PM