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IGA Amendment (3); Boulder County; Energy Efficiency Programs THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this "Third Amendment") is made as of the L3~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"). A. 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 B. WHEREAS, the Agreement has been amended twice previously. The purpose of the first amendment, dated August 9, 2011, was to amend the residential rebate section. The purpose of the second amendment, dated May 15, 2012, was to amend the program administration and funding of the commercial program; and C. WHEREAS, the Parties desire to amend the Agreement a third time to define the City's 2012 contribution to the Residential Program for Energy Advisor Services and Quick Install Measures and its 2012 contribution to the Commercial Program, all as set forth in this Third Amendment; NOW THEREFORE, in consideration of the promises and obligations set forth below, the Parties agree to amend the Agreement as follows: 1. Subsection 2.C. is amended by striking the word "and" at the end of paragraph 3.b. and adding "and" at the end of subparagraph 4. and by adding a new paragraph 5, which shall read as follows: 5. City of Boulder EnergySmart limited-time promotional program rebates that provide for 50% of the cost of an upgrade measure, up to $1000 rebate per home (when combined with existing City of Boulder Residential Rebates) for energy efficiency measures as outlined by the City of Boulder and paid for with City funds ("City of Boulder Promotional Rebates"). 2. Subparagraph b of Section 4.B.4. of the Agreement is replaced in its entirety by the following subparagraph: b. In 2012, the City agrees to contribute $90,000 of CAP Tax Funds to the Residential Program for Energy Advisor Services and Quick Install Measures to assist compliance with the City's SmartRegs rental property regulations by the owners of rental property in the City, exclusively for the benefit of City Applicants; provided, however, that this 2012 contribution shall only be available if the County has first expended $1,653,000 of the Competitive Grant on the Residential Program in 2012 whether expended on City Applicants or otherwise. 1 S:\PLAN\LEAD\New LEAD Share Drive\Contracts\Boulder County_Sustainability Offtce\2012\a-FINAL Third Amendment to IGA Concerning the Funding of Energy Efficiency Programs-1250.doc These funds may also be carried over and expended on City Applicants in the first quarter of 2013. 3. Subparagraph c of Section 4.B.4. of the Agreement is eliminated entirely from the Agreement. 4. Subparagraph 3 of Section 4.B.5.a. of the Agreement is replaced in its entirety by the following subparagraph: 3. In 2012, the City agrees to contribute $127,000 of CAP Tax Funds to the Residential Program for SmartRegs Rebates for the purpose of assisting compliance with the City's SmartRegs rental property regulations by the owners of rental property in the City, exclusively for the benefit of City Applicants. These funds may also be carried over and expended on City Applicants in the first quarter of 2013. 5. Subparagraph 4 of Section 4.B.5.a. of the Agreement is eliminated entirely from the Agreement. 6. Subparagraph 2 of Section 4.B.5.b. of the Agreement is replaced in its entirety by the following subparagraph: 2. In 2011, the City agrees to contribute $200,000 of CAP Tax Funds to the Residential Program for City of Boulder Residential Rebates and City of Boulder Promotional Rebates for the exclusive benefit of City Applicants. This total includes both the cost of the rebate and a $6/rebate administrative fee. These funds may also be carried over and expended on City Applicants in 2012 and the first quarter of 2013. 7. Subsection 4.13.6. is amended by the addition of a new subparagraph d., which shall read in its entirety as follows: d. In 2012, the County may use $75,000 of CAP Tax Funds for the Commercial Program for City of Boulder's "Large Property Owner Rebates." If the funds are not used in 2012, they may be used by the County in the first quarter of 2013, for EnergySmart Commercial Rebates exclusively for City Applicants. 8. Except as amended herein, the Agreement shall remain in full force and effect. [SIGNATURE PAGES TO FOLLOW] 2 S:\PLAN\LEAD\New LEAD Share Drive\Contracts\Boulder County_Sustainability__Office\2012\a-FINAL Third Amendment to IGA Concerning the Funding of Energy Efficiency Programs-1250.doc IN WITNESS WHEREOF, the Parties have set their hands to this Amendment on the day and year above first written. CITY OF BOULDER: Jane S. Brautigam, City Manager ATTEST: r City Clerk APPROVED AS TO FORM: City Attorney [SIGNATURE PAGE TO FOLLOW] 3 S:IPLANILEAD1New LEAD Share Drive\Contracts\Boulder County_Sustainability Office120121a-FINAL Third Amendment to IGA Concerning the Funding of Energy Efficiency Programs-1250.doc IN WITNESS WHEREOF, the Parties have set their hands to this Amendment on the day and year above first written. BOULDER COUNTY f ' ; r t` f'4~ i.c cf „ . ~w Cindy Dom nico, Chair { Board of Boulder County Conunissioners Attest: Clerk to the oard Date 4 SAILAMLEAD1New LEAD Share DriveTontracts\11oulder_County_Sustaiuability_Offtce120121a-FINAL'I bird Amendment to IGA Concerning the Funding of Energy Efficiency Programs- I250.doe Contract Tracking IGA > Thank You http://intraweb.ci.boulder.co.Lis/ContractTracking/se.rvlet/Controller Orr `1 17 CONDITIONAL zo12 Document Routing Cover Sheet Please print and attach to your document. You can view the status of your contract using the Contract Tracking Status Pao Routing Number 20121017-7843 Originating Dept Planning Routing Contact Person Debbie Fox Phone Number 303-441-1931 Project Manager / Contract Megan Cuzzolino Email cuzzolinom@bouldercolorado.gov Administrator Counter Parties Boulder County Contract Title / Type IGA Third Amendment Number Description Amend the Agreement a third time to define the CityZs 2012 contribution to the Residential Program for EgD,M _AdA or-S-ervices and Quick Instaf Measbres, all as set forth in this Third Amendment; Action Items Date Note (1.) (2) (3) Expiration Date 3/31/2013 Amount n/a CA x Type OUTGOING V• Dept. Head Signat NOTE; Originating Department: Identify with a check mark all areas document needs to be routed. • Purchasing • Budget • Sales Tai V CA City Manager • Central Records A link to the electronic copy of the document(s) will arrive via e-mail to the e-mail addresses on the routing form once document has been scanned into LaserFiche. Contract Tracking Home I Signature Routing Form I Track Contract Status I Update Contract Status 2 I~ R C' i i v r"led bcs t l~ C} + , o- I~ r~~eb~ 1G fir ac*la ' t Si.g C--VL YC: . pwa ` p►~G ~c>-1 4-C d C b-0 of l 10/17/2012 10:49 AM