IGA; Boulder County; funding for EnergySmart Program; Exp 12/31/2014Contract Tracking > Thank You
CITY OF 13OULDER
CITY CLERK'S OFFICE
CENTR "LPFrORDS
http: / /intraNveb.ci. boulder. co. us /ContractTracking/sery tet/Controller
CITv OF VOULDER
CITY CLERK'S OFFICE
CE° T' 11EC` R05
2014 APR 16 AM o: 52 2014 MA,R 12 PM 1: 36
STANDARD
Contract Routing Cover Sheet
I k c 2014
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Paoe
Routing Number
20140220 -9304
Originating Dept
Planning
Contact Person
Juliet Bonnell
Phone Number
303 - 441 -1931
Project Manager / Contract
Administrator
Elizabeth Vasatka
E -mail
vasatkae @bouldercolomdo.gov
Counter Parties
Boulder County
Contract Title / Type
IGA between Boulder County & City re: fu Yefficiency programs
Number
Description
IGA between Boulder County and City of Boulder concerning the implementation and funding of
the residential EnergySma Program designed to increase energy efficiency.
Special Instructions
This was approved by council on consent on 2/18/2014. Please have CAO, City Manager and
City Clerk sign and return to Juliet Bonnell. Juliet will gather county signatures and provide the
final, executed IGA to Central Records.
Amount
$280,000.00
Expense Type
OUTGOING
• Dept. Head Signatu -
NOTE; Originating Depa ment: Identify with a check mark all areas document needs to be routed
• Purchasing
• Budget
• Sales Tax
• CAO
• City Manager
• Central Records I/
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-, ;• _ ; Intergovernmental Agreement
��� .• °,�' ,� / Between Boulder County and City of Boulder
Concerning the Funding of Energy Efficiency Programs
o r
' This Intergovernmental Agreement (this "Agreement ") is entered into by the County of
Boulder, a body corporate and politic of the State of Colorado (`Boulder County" or "County "),
and the City of Boulder, a Colorado home -rule municipality (the "City"), The County and the City
may hereinafter be referred to individually as a "Party" or collectively as the "Parties.
RECITALS
A. The Colorado Constitution Article XIV, Section 18(2)(a), provides that political
subdivisions of the State may contract with one another to provide any function, service, or facility
lawfully authorized to each of the cooperating units.
B. Since 2010, the City and the County have partnered to provide energy efficiency
programs and services to their respective residents and businesses through the joint "EnergySmart"
program. Energy Smart includes such services as Energy Advisor services and contractor
certification, social mobilization, job creation, whole neighborhood retrofits, the creation of a debt
service reserve fund, microloans, and rebates.
C. The City and the County recognize the benefits of partnering to create a single point
of contact for residents and businesses interested in applying to participate in energy efficiency
programs. The City and the County further recognize that this partnership also permits the Parties
to manage the delivery of these services county -wide and increases economies of scale.
D. The purpose of this Agreement is to provide the framework for the continued
City /County partnership, describe which programs will be administered through the partnership,
and determine the rights and responsibilities of each Party.
AGREEMENT
In consideration of the covenants set forth herein and the mutual benefits to be derived by
the Parties hereto, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties do hereby agree as follows:
1. Programs Subiect to this Agreement This Agreement concerns the following energy
efficiency programs (the "Programs "):
A. The Residential EnergySmart program (the "Residential Program "), which includes:
(1) Advisors that visit residences /multi - family homes to complete an EnergySmart
audit or SmartRegs inspection, respectively, and, upon completion of the
audit/inspection, advise the residents /owners of measures they can take to
improve the residence's energy efficiency ( "Energy Advisor Services ");
(2) Quick installations of energy efficiency measures ( "Quick Install Measures ");
(3) An EnergySmart Recommendations Report or SmartRegs Prescriptive Checklist;
(4) Contractor pre - certification, technical assistance, contractor advice, and
information about the relative cost - effectiveness of energy efficiency measures
included in the EnergySmart Recommendations Report; and
(5) Assistance with rebate and loan applications.
B. The Commercial "EnergySmart" program (the "Commercial Program "), which
includes:
(1) High level energy efficiency walk - throughs and identification of energy saving
opportunities ( "Energy Assessments ");
(2) Referral to contractors to complete refrigeration, air compressor, and whole -
building tune -up services; and
(3) Technical implementation and assistance for equipment change -out
( "Commercial Technical Advisor ").
(4) Rebates for businesses that install approved energy efficiency measures
( "EnergySmart Commercial Rebates ").
2. County Administration of Programs The County shall administer the Programs in
compliance with this Agreement. In its administration of the Program, the County shall:
A. Advise City residents and businesses that contact the County regarding energy
efficiency programs ( "City Applicants ") that they are eligible to participate in the
Programs;
B. Provide administrative and coordination support for the Programs in which City
Applicants desire to participate;
C. Assign an Energy Advisor to each residential City Applicant;
D. Manage and support the residential and commercial electronic customer
management systems that can interface with each other and produce reports on
agreed -upon metrics for gauging success ( "Customer Management Systems" or
"CMS ");
E. Manage and support a sustainability information management system (SIMS) that
will take information on deemed and actual savings from Customer Management
Systems and will be able to report out to the community on energy, cost, and
greenhouse gas savings for peer comparisons and program success reporting.
3. Program Funding/Renorting
A. The County will fund the Programs using County general fund monies and federal
grant funds ( "County Funds "). The City will fund the Programs using Climate
Action Plan Tax funds ( "City Funds "). County Funds for the Programs will be paid
directly to or expended for the benefit of residents and businesses located in Boulder
County on a first come, first - served basis. City Applicants will have access to the
Programs, rebates, and loans being funded by the County, whether or not separate
City funding may be available to provide additional services, rebates, or loans to
residents and businesses within the City. This will be the case even if the City has
requirements that encourage participation in the Programs that go beyond any
County requirements. The City has elected to contribute City Funds to the
Programs, as provided herein. Such contributions shall be subject to annual
appropriation by the Boulder City Council.
B. In order to make County Funds for the EnergySmart Commercial Rebates available
to the businesses of Boulder County in a fair and equitable manner, the County and
the City agree on the following approach: the City agrees to provide $100,000 of the
City Funds for EnergySmart Commercial Rebates from the commencement of the
IGA. Once City Applicants have received $60,000 in EnergySmart Commercial
Rebates paid from County Funds, the City shall contribute up to an additional
$180,000 of the City Funds for EnergySmart Commercial Rebates. All City rebate
funds will be for the exclusive benefit of City Applicants. The City acknowledges
that the EnergySmart Commercial Rebates will be processed through a third -party
rebate processor and that the City shall pay to the County any processing fees
charged to the County for EnergySmart Commercial Rebates that are funded by City
Funds.
C. The City Funds shall be used only for the benefit of City Applicants in order to
provide benefits that are over and above the benefits funded by Boulder County
( "Additional Benefits "). These Additional Benefits are only available to City
Applicants; shall not exceed the amounts set forth in this Agreement, as amended
from time to time; and shall be administered pursuant to City- approved guidelines.
D. Consistent with the current Program structure, and subject to available funding, the
County will use County Funds for the following:
(1) All personnel and administrative costs for the Programs;
(2) Contract management of residential Energy Advisor Services for each City
Applicant;
(3) The cost and management of the residential and commercial Management
Systems;
(4) The cost and management of the SIMS.
E. Each month, the County will submit invoices to the City for the Additional Benefits
it has provided to City Applicants. The invoices shall be accompanied by a detailed
reporting of funds expended in order to receive payment from the City. The amount
available to supplement the Programs is reflected in this Agreement. Payment shall
generally be due within 30 days of receipt of the invoice.
F. If the County Funds and City Funds have been expended prior to the expiration of
this Agreement, the City and County staff will work cooperatively to provide
recommendations to the City and County Energy Efficiency Executive Team on the
appropriate next steps. The County may also request that the City identify any
additional City monies that may be available to offer additional services to City
Applicants in accordance with this Section. As a last resort, the City and County
staff may make a recommendation to cease offering certain Programs or loans to
Program applicants, including City Applicants.
G. The Programs will be funded by the City as provided in this Section, provided the
following criteria are met:
(1) The City and the County have identified and agreed upon specific deliverables
attributable to that contribution that provide benefits to City residents and
businesses;
(2) To the maximum extent possible without diluting messages, each event, print
material, or item associated with these deliverables will credit the City with its
contribution; and
(3) To the maximum extent possible, without diluting messages, the overall joint
project bears the City name or source of funding when used within the City
limits. The City shall identify certain of the City's proprietary trademarks that
the County may use for this purpose.
H. The allocation of City Funds described in this Section may be amended from time to
time, at the City's sole discretion; provided, however, that the City must provide the
County with adequate notice to allow the County to reasonably avoid expenditure of
any City Funds on the Programs in reliance on this Agreement, before such funds are
eliminated by the City's unilateral amendment pursuant to this subsection. The
availability of the City Funds described in this Section is subject to the annual
appropriation by the Boulder City Council.
The County shall forward a copy of the Populus quarterly report regarding the
Residential Program to the City upon its receipt from Populus.
4. City Support
A. To support the Programs, City staff will work cooperatively with County staff to:
(1) Draft necessary requests for proposals, review proposals, and recommend
contractors for selection;
(2) Recommend how County Funds will be distributed among the Programs;
(3) Make recommendations to the County staff regarding contractors' design
and/or implementation of the Programs;
(4) Follow a comprehensive communications plan and outreach protocol for the
Programs.
B. City staff will participate in meetings to coordinate and collaborate with Boulder
County Public Health, the City of Longmont, the residential program administrator,
and Boulder County staff to guide and direct the activities and services described in
subsection A, above.
C. City staff will endeavor to support and advise County staff in other mutually agreed
upon areas that are necessary to support the implementation of the Programs.
5. Access to Customer Management System
A. The County authorizes the City to access the County's EncrgySmart CMS, currently
administered by Salesforce.
B. The City shall not disclose to outside parties any customer information obtained
from the CMS, nor shall the County disclose any customer information of a City
Applicant, except as follows:
(1) To the extent compelled by law;
(2) With the valid written consent of the customer; and
(3) In aggregate form, without personally identifying information.
6. Outreach and Marketing
A. County staff will be present at social and business network meetings, events, and
other outreach opportunities to educate and market the commercial and residential
programs to the community.
B. The County will coordinate with the City for outreach and marketing within Boulder
city limits.
C. City staff may be present at social and business network meetings, events, and other
outreach opportunities when they are held within city limits of Boulder to educate
and market the commercial and residential programs to the Boulder community.
Nothing herein shall prevent the City from also providing its staff or contractors to
market the Programs or the City Programs to additional social and business networks
within the City limits.
D. The City and the County each hold a license to the EnergySmart logo (the "Logo')
and, subject to the terms and conditions set forth herein, may each use the Logo and
the goodwill appurtenant thereto, for the purpose of marketing the Programs. The
Parties shall use the EnergySmart Logo in accordance with any and all logo usage
guidelines in effect from time -to -time, as agreed upon by the Parties.
E. The County and the City will both be credited for their partnership in any and all
public communications regarding the success and effectiveness of the residential and
commercial programming. The Communications and Marketing Protocol shall be
followed by both parties to ensure Program credit is consistent and standardized on
outreach materials.
7. Not Agent or Representative Neither Party is an agent or representative of the other Party
and shall have no authority under this Agreement or otherwise to make representations or
commitments, verbal or written, on behalf of the other Party without that Party's express prior
consent.
S. Modification This Agreement may be altered, amended, or repealed only on the mutual
agreement of the County and the City by a duly executed written instrument. The City Manager for
the City is authorized to execute agreements modifying this Agreement on behalf of the City. The
financial obligations contained in this Agreement may be adjusted from time to time, subject to
annual appropriations of the governing Party.
9. Assignment This Agreement shall not be assigned or subcontracted by either Party
without the express prior written consent of the other Party.
10. Successors and Assigns This Agreement shall be binding upon the successors and assigns
of the Parties.
11. Choice of Laws The laws of the State of Colorado shall govern the interpretation and
enforcement of this Agreement. Any litigation that may arise between the Parties involving the
interpretation or enforcement of the terms of this Agreement shall be initiated and pursued by the
Parties in the Boulder Courts of the 20 Judicial District of the State of Colorado and the applicable
Colorado Appellate Courts.
12. Waiver of Breach Any waiver of a breach of this Agreement shall not be held to be a
waiver of any other or subsequent breach of this Agreement. All remedies afforded in this
Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy
provided herein or by law.
13. Integration This Agreement cancels and terminates, as of its effective date, all prior
agreements between the Parties relating to the services covered by this Agreement, whether written,
oral, or partly written and partly oral.
14. Indemnification Neither Party indemnifies the other Party. The County and the City each
assume responsibility for the actions and omissions of its own agents and employees in the
performance or failure to perform work under this Agreement. It is agreed that such liability for
actions or omissions of their own agents and employees is not intended to increase the amounts set
forth in the Colorado Governmental Immunity Act, now existing, or as the same may be later
amended. By agreeing to this provision, the Parties do not waive nor intend to waive the limitations
on liability which are provided to the Parties under the Colorado Governmental Immunity Act § 24-
10 -101 et seq., C.R.S., as amended.
15. Severability If any provision of this Agreement is found to be invalid, illegal, or
unenforceable, the validity and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
16. No Third Party Beneficiaries The enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
County and the City, and nothing contained in this Agreement 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
Agreement that any person receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
17. Effective Date. Duration. and Withdrawal This Agreement shall become effective on
the date of signature and shall remain in effect until December 31, 2014. This Agreement may be
extended for future years provided the Parties appropriate estimated costs for the future years.
Either party may withdraw from all or part of this Agreement, which withdrawal shall be effective
ten (10) days after the Parry mails by certified mail, return receipt requested, a written notice to the
other Party of its intent to withdraw. The withdrawing Party will then be released from its
obligations hereunder. No additional subawards of City Allocated Grant Funds shall be made by
the City to the County if this Agreement is terminated by either Party.
18. No Multiple- Fiscal Year Obligation Nothing herein shall constitute a multiple fiscal year
obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other
provision of this Agreement, the obligation of each Party under this Agreement is subject to annual
appropriation by the governing body of such Party.
19. Counterparts This Agreement may be executed by facsimile and in any number of
c- ounterparts -,each of which -shalUx deemed -an-original instrument-,but-all -of- which- together -sha1.1
constitute but one and the same instrument.
[Signature Pages to Follow]
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this _, day of
,\ , 2014.
BOULDER COUNTY
LO
Cindy Domenico, Chair
Board o Boulder
Attest: c '
Clerk to the oar
0qj OM ktA
Date
[Further SignaturePagelo-Follow]
CITY OF BOULDER
City Manager
ATTEST:
fby City Clerk
APPROVED AS TO FORM:
"KQ4-
City Attorney
Date: o—Ky