IGA; Boulder County; Environmental Sustainability Matching Grant; Exp 4/30/2016Contract Tracking IGA > Thank You Page 1 of l
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C,IT':'
CITY ATT:'i?';_ ",i C:r"FIrE OFFICE OF THE CITY ATTORNEY
CONDITI01 6� jUN 15 AM 10: 10 JUN 0 9 2015
TC:
Document Routing Cover Sheet
Please print and attach to your document.
You can view the status of your contract using the Contract Tackino Status Pare,
Routing Number
20150605-0674
Originating Dept
Planning
Routing Contact Person
Elizabeth Vasatka Phone Number
Project Manager / Contract
1303-441-1964
Elizabeth Vasatka Email vasatkae@bouldercolorado.gov
I
Administrator
I(Z) •. n ad l (c
counter Parties
Boulder County
I Contract Title / Type
Boulder County Sustainability Matching GrantdGA—
INumber
IExpiration Date 12/31/2015
Description
An IGA with Boulder County for an Environmental Sustailiabillty Matching Gran[rc ramp providing
(Amount $15,000 1Expense Type (INCOMING
$15,000 and the city will match the n s through CAP Tax. These funds will be used to hfiri-a
consultant to re-evaluate and refine the commercial EnerovSmart euuloment rebates enerav and
Action Items
Date Note
I(1) Oc F 2v(7 y�xN�tnc
I(Z) •. n ad l (c
1(3) G 20 110 f:::1 V1 as o -p"
IExpiration Date 12/31/2015
(Amount $15,000 1Expense Type (INCOMING
• Dept. Mead Signature_ L:;�)
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
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• Central RecordrL.
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.
http://intraweb.ci.boulder.co.us/ContraetTracking/servlet/Controller 6/5/2015
Intergovernmental Agreement
Between Boulder County and City of Boulder
Concerning Boulder County's Environmental
Sustainability Matching Grant Program
This hitergovemmental Agreement (the "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 "Recipient") (each, a "Party"
or, collectively, the "Parties")
RECITALS
A. The Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S. §29-1-201
et. M provide 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; and
B. In 2013, Boulder County created and implemented the Sustainability Matching
Grant Program (the "Program") , which provides an opportunity for governmental organizations
within Boulder County to undertake environmental sustainability priorities within their
communities and helped the county collectively set goals for collaborative efforts, leveraging
resources for a more regional approach to environmental sustainability, and
C. In March 2015, Boulder County proposed recipients of the sustainability grants
awarded under the Program, including this award to the Recipient for a study of the energy
savings afforded by improved heating, ventilation and air-conditioning systems in commercial
buildings (the "Project").
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. The Reeinient's Oblieations. The Recipient shall complete the Project,
expending no less than $15,000.00 of its own funds on such Project (the "Matching Funds"),
supplemented by an estimated $1,800.00 in staff project management time and an estimated
$1,200.00 in staff time contributed by Boulder County Public Health. In accordance with the
scope of work proposed by the Recipient in its grant application, incorporated here as Exhibit C,
the Recipient shall report to the County on the progress of the Project on the first day of each
quarter (July and October 2015 and January and April 2016) using the format of the reporting
template attached hereto as Exhibit A.
2. Grant Award. Boulder County hereby awards the Recipient $15,000.00 (the
"Award") in support of the Project. The Award shall be paid to the Recipient upon presentation
of monthly invoices, of form and substance substantially similar to the form attached hereto as
Exhibit B, including a detailed reporting of Award Funds and Matching Funds Expended.
Monthly invoices shall be due by the 15`h day of each month for the prior month's expenditures.
3. Term of Agreement. This term of this Agreement shall be as the date of its
execution as set forth on the signature page attached to this Agreement. Subject to the annual
appropriations, this Agreement shall remain in effect until the completion of the Project, as
indicated in Exhibit C, or April 30, 2016, whichever is sooner.
4. Modification. This Agreement may be altered, amended, or repealed only on the
mutual agreement of the County and the Recipient by a duly executed written instrument. The
financial obligations contained in this Agreement may be adjusted from time to time, subject to
annual appropriations of the governing Party.
5. Assignment. This Agreement shall not be assigned or subcontracted by either
Party without the express prior written consent of the other Party.
6. Successors and Assigns. This Agreement shall be binding upon the successors
and assigns of the Parties.
7. 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 2& Judicial District of the State
of Colorado and the applicable Colorado Appellate Courts.
S. 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.
9. 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.
10. No Indemnification. Neither Party indemnifies the other Party. The County and
the Recipient 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.
11. Severabilitv. 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.
12. No Third Partv 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 Recipient, 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.
13. Not Aeent 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.
14. No Multinle-Fiscal Year Obligation. All of the Party's financial obligations
under this Agreement are contingent upon appropriation, budgeting, and availability of specific
funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or
indirect multiple fiscal year financial obligation, a pledge of either Party's credit, or a payment
guarantee by either Party to the other.
15. Counterparts. This Agreement may be executed by facsimile and in any
number of counterparts, each of which shall be deemed an original instrument, but all of which
together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this Os day of
-7;�nQ 2015.
Attest:01AA G ` _ I_,.0
Clerk to the B&rdu
4gy 15
Date (10 i_
BOULDER COUNTY
i ,u �" 4 P, it'L-
Michelle Krezek, Commissioners Deputy
Boulder County
[Further signature page follows]
ATTEST:
APPROVEL
CITY OF BOULDER
City Manager
ATT : -;ST:
"Ckty,'Clerk
APP Z076 AS TO FORM::
Nn4" /
City Attomey,� Office
Exhibit
r.
Boulder
County
Boulder County Commissioners' Office
1325 Pearl Street, Boulder CO 80302
Environmental Sustainability Matching Grant Application Form — 2015 Program
Please submit this form by March 6, 2015
NOW Application forms must be typewritten and each apphcart must also submit a completed IRS W-9 form when
submitting this appleation (IRS forms can be downloaded from www.irs.gov i Completed forms can be emailed to
Sustarnabdity Coordinator Suse Strife of Fetrrf Pboufdercc untv.oiq
I Communitv flame: City of Boulder I Tax IDa: 98 03489
98_03489 Elizabeth Vasatka. Business Sustamabikty Coordinator
Protect Coordinator Name and Title:
I Mailing Address: 1101 Arapahoe Ave I City: Boulder
State: Colorado CO _ I zip code: 80302
I Phone:303441-1964 I Email Address:vasatkae@bouidercolorado.gov
Proposed start Date: As soon as grant approval is awarded
Reimbursement Eligibility Criteria: (please provide yes or no answers only)
e Does this project meet an environmental pnority within the apphcant s municipality or town? Yes r
No
s Will this project be completed within a 12 month timeframe? Yes x No.
e Will your team provide acknowledgement that the city Is receiving funding from Boulder County to support
this project? Yes k No _
Please provide detailed answers to the followvng questions Before filling out the appticatfon please, make sure
to read our program orverview document to gain a better understanding of types of projects Badder County Is
most likely to fund- Your answers will help aid the application selection committee as they decode which
communities will be awarded funding
Prviect (]oals and Ralici al:
I I l slit -.n "'".min will thrs project serve -,City of Boulder and Boulder County ,.,ride
i 2) What are the goals of your community for this project
Tc r w ni c! •emSz se'br^6�] `�-cn at'p: aM zTYR � -a+N ase
tj s14=at er.nunniet lal susta na ty ere*ts r.dl your project provide to the local con nmunity '
Truing up the calcullled savings per energy of iic:ency measure implemented in commercial buildings
Project Design, Logistics and Tinneline: Please provide a brief description of the project/program you would
like to Implement using the requested funds Be sure to include how you will measure the success of this
prolecb�,ixltam and expected proaram outcomes Please limit text to no more than 7
iib been fax yews v1A eigbir -eba'aWe measu-es Issoeciay M'i Ar I were cabul,ned 'NS A:nding Nall Oe aseO 0 h� a bantul��a fM to
qi a t'y deemed every saengs fw replacing row 61VAC egwwneri ir mmmeral 1:. Idjngs The del vwaVe wO x an easy to Use 4veaasheet
too d At a'r Energy3mar, prog•am admn:strata's to savings b• sixaac Models CO MUrmeM; bases m effbMcy mmexms
l incuding a measure & Ow ants urn Toad e'foerry Tris Infer to' MP no used to update xmrrerda Ene+gySmaM CIVS trr;
R(IdgPl Infr,v itipl Rnl
i wl�ly.'Som,ny _ Anrrlaq
Aoxxont remwited from 6ouldm County
sr, ..._-1; V- 5115.000
Applicant cash rontriWtion
UP t0 $15. 0 0 0
•teer•hour contribution
i r ll p' L.T.! i!n!:C�tl- .ril'.'I g•'.
,Ida=t S33.000
. aa,
ow. perb, *til udornmtla) JLKO nfiy rax Krgecl slwu i be . vus,J—ed for (.&Jnq
fundi,
• �,.Yf )M LJ!►•Y /"�' '.T�RIi tMG'JL1r11'� Yrl � •dJ•Y ] iAYTt Yi.YP M) RrQb"t .�/ ]<•M'� YJ'QI t MR :�r T� ��ii
- tjCr _ J•dJ1! Suz:whB' atp llJIVtt-'alo` Suav tu`a at (Awo' , Co,:-%
o.etNr••n
Exhibit A
EXHIBIT A
QUARTERLY REPORTING TEMPLATE
Objective/Goal for your Sustainability Matching Grant:
Please list final desired outcome(s) as well as 3-4 intermediate milestones:
1. Evaluate new efficiency standards and the equipment
Please list the progress to date on your sustainability project below:
Please describe any challenges you are facing with implementation of your project.
Please list the measurable outcomes of this project to date. (Quantitative or qualitative)
Are you still on track to meeting your goals and your timeframe for project completion?
If applicable, please attach plans, projects, photos or data that showcases your accomplishments for
this quarter.
Submit photos, videos or similar so we can share your successes publicly.
Exhibit B
Exhibit B
Sustainalwhty Matchng Wants - Boulder County, Colorado
ReotraaMmem Ilegrsest corm
Contractor ! AfenCV Into[matlon Invoice Information
JAgewy NamC InyoiCe, Number: 1
coeriza person. I invoice Date
Contact phone NUmber Ming period
Itmpbyer 1 Taxpayer ID Number
]IIILayag t.)mz TranSa; tr+[%ions DY[n6t:rpnaS GOfdF: Se'virrs
I
I �
i
IW
i
Total sali1jlrty and gen.Trts($
1
Total np>-ating tsoer+tes{S - {I
i
+Ib Nv:enL ul ie %ale Y[ F<yrat
Total award amouhv. i
Total reimbursed prior to this irwpics
Current nvoite asnouni S
Award bahnce after invoice 5 -
i cemiy chat Uw goods and ' m 5ervrces Incit ded In thio invoke comply rectunernents or the boulde, County, Coloeado
Lusuinabilty MateMng Grarrti Supporting documents nor each line dam will M iunahed upon request
Sign
Print Name
Rend Request to,
Sufis Sn 4e
301441-4565 iaife�ha lM rrs- o -r
lebecca HUI 303-Aa1-4505 rlHl-t p•plgi_da,[turlT, 0j
[Oulcier Co ant, Swialnablln 7 0-,ce
P O 50, S73
Muw'el CO30±06
"i"10, County Use Only
Date ReceMed
Received N
'rtle