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HomeMy WebLinkAboutC11-009 Office of Resource Efficiency Gunnison County AGREEMENT BETWEEN EAGLE COUNTY AND THE OFFICE OF RESOURCE EFFICIENCY IN GUNNISON COUNTY This Agreement ( "Agreement ") dated as of this t , —' day of , is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "County "), and the Office of Resource Efficiency, a Colorado nonprofit corporation, with a principal mailing address of 202 East Georgia, Gunnison, Colorado, 81230 ( "ORE "). WHEREAS, the United States Department of Energy ( "DOE ") has partnered with Eagle, Pitkin and Gunnison counties to create the Energy Smart Program (the "Program ") with the objective to improve the energy efficiency of 10 %, or 4300 homes in Eagle, Pitkin, and Gunnison counties by 20 %, utilizing energy audits, resource centers, innovative financing options, workforce training, and comprehensive results calculations; and WHEREAS, the Program will establish one Energy Resource Center ( "Center) in each county to promote the Program and to provide a simple and convenient resource to assist the public in implementing energy efficiency and renewable energy improvements to existing buildings; WHEREAS, County is the lead recipient of the DOE grant for the creation and administration of the Centers; and WHEREAS, pursuant to the grant agreement, County is to manage and administer the Program within the three counties and distribute a portion of those grant funds to a Center located in Gunnison County and for the benefit of Gunnison County residents; and WHEREAS, ORE is a non - profit corporation whose mission is to facilitate resource savings through energy services and education programs that empower citizens to lower utility costs, develop renewable energy sources, decrease carbon emissions, and build a more sustainable self - sufficient economy; and WHEREAS, County and Gunnison County have selected ORE to receive a portion of the federal grant funds in order to operate the Center within Gunnison County; and WHEREAS, County and ORE intend by this Agreement to set forth the scope of the responsibilities of ORE in connection with the grant award and related terms and conditions to govern the relationship between ORE and County in connection with said award. ej( q AGREEMENT NOW THEREFORE, based upon the representations by ORE set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. S ope of Services: 1,1 The term "Work" as used herein shall mean the tasks, services and activities ORE is requir @d to perform to fulfill its obligations under this Agreement, particularly set forth in the attached (Exhibit "A" labeled Scope of Services (hereinafter called the "Work ") incorporated herein by reference. The Work is generally described as providing a comprehensive, on -demand Energy Resource Center that will provide technical support to Program constituents on residential building energy issues. ORE will help owners take advantage of energy audit incentives and available rebates, connect them with qualified contractors, provide feedback on potential improvements, provide available financing information and follow up evaluations. 12 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be expressly altered by the amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms and conditions of this Agreement shall control. 13 ORE agrees that ORE will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 114 ORE has given the County a proposal for performing the Work and represented that it ha$ the expertise and personnel necessary to properly and timely perform the Work. 2. fective Date and Term of Agreement: 21 This Agreement shall not be effective or enforceable until it is approved and signed by both parties (hereinafter called "Effective Date "). 22 The parties agree that the Term of this Agreement shall be November 1, 2010 through December 31, 2011, unless earlier terminated or extended in accordance with the terms of this Agreement. County shall not be liable to compensate ORE for any Work performed prior to November 1, 2010 or after the termination of this Agreement. 23 This Agreement may be terminated by either party for any reason with 15 days written notice, with or without cause, and without penalty. In the event ORE files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of ORE and obligations of County, except payment of accrued but unpaid f @es set forth in Section 2.3 hereof, shall terminate immediately. 2.4 In the event of any termination of this Agreement, ORE shall be compensated only for (accepted performance up to the date of termination, however, before any final payment will be Made, ORE shall forthwith return any and all unexpended funds, unused products and 2 materials, r r documents and re entirely or partially completed, whether in Program records, document ports, e t y p y electronic form or otherwise to County, together with any other data or materials supplied by County. 3. Independent Contractor: 3.1 With respect to the Work hereunder, ORE acknowledges that it is receiving grant money as a subgrantee for the purpose of providing Services to Gunnison County residents. Nothing in this Agreement shall be deemed to make ORE or any of its agents, employees or officers an agent or employee of County. 3.2 ORE shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3.3 ORE and its employees are not entitled to workers' compensation benefits through the County. ORE is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. ORE and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. ORE hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self - employment income, unemployment taxes and income taxes. 4. Payment Terms: 4.1 ORE shall employ staff, and procure goods and services necessary to complete the Work. Such employment and procurement shall be accomplished using the grant funds and/or ORE's resources and shall not increase the maximum amount payable hereunder by the County. 4.2 The maximum amount payable to ORE by County under this Agreement is $194,868. Payment will be made on a monthly basis, as determined appropriate by County from available associated DOE grant funds, upon invoice in the form and manner approved by County. Such invoices shall be submitted monthly by ORE and shall accompany the quarterly update reports, when such reports are due. Invoices must clearly demonstrate that the Work describe herein is being or has been accomplished. County shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents acceptable performance by ORE, however, payment will be delayed if quarterly reports are not submitted in a timely manner. 4.3 If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information before payment will be made. All invoices must be emailed to the following address to ensure proper payment: adam.palmer @eaglecounty.us . 4.4 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by ORE, County reasonably determines that 3 payment as requested would be improper because the Work was not performed as prescribed by the prow' ions of this Agreement, County shall have no obligation to make such payment. If, at any time i after or during the Term or after termination of this Agreement as hereinafter provided or expir tion of this Agreement, County reasonably determines that any payment theretofore paid by ounty to ORE was improper because the Work was not performed as prescribed by the provisio s of this Agreement, then upon written notice of such determination and request for reimburs ment from County, ORE shall forthwith return such payment to County. Upon terminate n of this Agreement as provided herein or expiration of the term, any unexpended funds advanced by County to ORE shall forthwith be returned to County. 45 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to ORE in excess of the amount for any work done in respect of any period after December 31st of the calendar year of the Term of this Agr ement, without the written approval in accordance with a budget adopted by the Board of Coun Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorad Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 5. eporting and Notification 15 1 The quarterly reports required to be produced by ORE shall be in accordance with the proc dures of and in such form as prescribed by the County. 52 ORE shall submit a final report to county upon expiration or sooner termination of this Agreement, containing an evaluation and review of ORE's performance and the final status of ORE's obligations hereunder. In addition, ORE shall comply with all reporting and meeting requirements, including quarterly meetings and reports updating ORE's progress on the Work described herein. 53 Within 10 days after being served with any pleading in a legal action filed with a court or *dministrative agency, related to this grant or which may affect ORE' s ability to perform its obligations hereunder, ORE shall notify county of such action and deliver copies of such pleadings to the County's principal representative for receiving notice as identified herein. If County' principal representative is not then serving, such notice and copies shall be delivered to the Eagl$ County Manager at 500 Broadway, P.O. Box 850, Eagle, CO, 81631. 54 Copies of any and all subcontracts entered into by ORE to perform its obligations hereunder shall be submitted to the County or its principal representative upon request by the County. Any and all subcontracts entered into by ORE related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subcontracts be governed by the laws of the State of Colorado. 6. Indemnification: Within the limits allowed by law, ORE shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature 4 whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by ORE. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of ORE. 7. ORE's Professional Level of Care and Additional Duties: 7.1 In rendering its services hereunder, ORE shall comply with the highest standards of customer service to the public. ORE shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by ORE, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to ORE. 7.2 All funds received by ORE under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. ORE shall provide the County with progress reports as more specifically set forth in the attached Exhibit "A ". 7.3 ORE shall make, keep, maintain and allow inspection and monitoring by the County of a complete file for all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of services (including, but not limited to the operation of programs) or goods hereunder. ORE shall maintain such records until the last to occur of the following: (i) a period of seven years after the date of this Agreement, along with any extensions or renewals, is completed or terminated; or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or ORE has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period "). 7.4 ORE shall permit the County to audit, inspect, examine and/or copy ORE's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate ORE's performance hereunder. If the Work fails to conform to the requirements of this Agreement, the County may require ORE to promptly bring the Work into conformity with the grant requirements at ORE's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the County may require ORE to take necessary action to ensure that future performance conforms to grant requirements and exercise the remedies available under this Agreement, at law or in equity in lieu of or in conjunction with such corrective measures. 7.5 ORE shall permit the County to monitor its activities conducted pursuant to this Agreement using any reasonable procedure, including but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring by County shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. 5 7 6 ORE shall comply with all applicable federal, state and local rules, regulations and law governing the Work to be performed under this Agreement. ORE shall be solely responsi le for ensuring proper licensing and credentialing of those providing services under this Agreement. 717 ORE shall comply with the requirements of the Civil Rights Act of 1964 and Section $04, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, 'religion, political beliefs, national origin, or handicap. 8. Notice: Any notice required under this Agreement shall be given in writing by registered or certified mail; retairn receipt requested which shall be addressed as follows: COUNTY: ORE: Adam Palmer Andris Zobs Community Development Department Executive Director 500 Broadway 202 E. Georgia P.O. Box 850 Gunnison, CO 81230 Eag1 , Colorado, 81631 With a copy to Eagl$ County Attorney 500 Broadway P.O. Eagl, Colorado 81631 9. I*isurance: %1 At all times during the term of this Agreement ORE shall maintain in full force and effect the following insurance: Insurance Type Coverage Minimums • Workelrs' Compensation Statutory • Employers Liability, including $600,000 Occupational Disease • Comptehensive General Liability, including $1,000,000 per occurrence; $1,000,000 Broad Form Property Damage and personal injury general aggregate. • Automobile Liability covering any auto $1,000,000 each accident 91.2 ORE shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreemnt. The above insurance policies shall include provisions preventing cancellation or non- renOwal without at least 45 days prior notice to ORE and the County by certified mail. The above insurance policies shall also include clauses stating that each carrier shall waive all rights 6 • of recovery, under subrogation or otherwise, against ORE or the County, its agencies, officers, agents, employees and volunteers. 10. Non - Assignment and Subcontractors: ORE shall not assign this Agreement or employ any subcontractor without the prior written approval of the County. ORE shall be responsible for the acts and omissions of its agents, employees and sub - contractors. ORE shall bind each subcontractor to the terms of this Agreement. The County may terminate this Agreement, if ORE assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 11. Jurisdiction and Confidentiality: 11.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado located in Eagle County. 11.2 ORE acknowledges that, during the term of this Agreement and in the course of the Contractor rendering the Services, the Contractor may acquire knowledge of the business operations of the County not generally known or deemed confidential. ORE may also collect and retain information from Program participants, including utility bills and other identifying information that shall be treated as confidential and not disclosed to third parties outside of the Program. Any such information must be marked as confidential. ORE shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge, information or data and shall retain all knowledge information or data which it has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party and/or Program participants during the term of this Agreement, and for a period of not less than five (5) years following termination of this Agreement. Identifying information collected from Program participants must always remain confidential. ORE recognizes that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information by the County that is subject to the same. 11.3 Disclosure of County records or other confidential information by ORE may be cause for legal action by third parties against County, ORE or their respective agents. ORE shall indemnify, save and hold harmless the County, its employees and agents, against any and all claims, damages, liability, and court awards incurred as a result of any act or omission by ORE or its employees, agents, or assigns pursuant to the Sectionl 1. 12. Miscellaneous: 12.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 12.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 7 1 .3 Invalidity or unenforceability of any provision of this Agreement shall not affect the othet provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 12.4 Notwithstanding any other provision to the contrary, nothing contained herein shall coihstitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act at C.R.S. § 24 -10- 101, et. seq., as amended (the "CGIA "). Liability for all claims or injuries to persons or property arising from the negligence of the County, its departments, agencies, boards, officials and employes is controlled and limited by the provisions of the CGIA. 12.5 Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by County if ORE fails to perform or comply as required. 1 .6 Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties a$ a result of this Agreement are incidental to the Agreement and do not create any rights for such third parties. 12.7 Waiver of any breach of a term, provision or requirement of this Grant or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision or requirement. 13. Prohibitions on Public Contract for Services: If ORE has any employees or subcontractors, ORE shall comply with C.R.S. § 8 -17.5- 101, et eq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By executio of this Contract, ORE certifies that it does not knowingly employ or contract with an illegal a4en who will perform under this Contract and that ORE will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. (a) ORE shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to ORE that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) ORE has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: 8 I http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm (c) ORE shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. (d) If ORE obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three (3) days that ORE has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the ORE shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the . subcontractor has not knowingly employed or contracted with an illegal alien. (e) ORE shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). (f) If ORE violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, ORE shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if ORE violates this provision of this Contract and the County terminates the Contract for such breach. /1 SIGNATURE PAGE TO FOLLOW // 9 IN WI SS WHEREOF, the parties hereto have executed this Agreement the day and year first above 'tten. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners ATTEST: By: 4! , • lira of c eF C Sara J. Fisher, airman gyp, • 6 � Teak J. 'imonton, Clerk to th ... °eoRpo® Board o County Commissioners ° ri.Dv► OFFICE OF RESOURCE EFFICIENCY By: Title: 4Fl aAve D ;'c' STATE OF l,f C' SS. COUNTY OF The foregoing instrument was acknowledged before me by Ala v , this �� day of 1)0444Alta.o-1/ , 2010. My commission expires: " /2 / 2- 11 ■••■ �► Notary Pub is QCP pVB , • •• . � i� '• KATHERINE e HAASE s 7 COL- My Commission Expires_ %Z' /2d // 10 EXHIBIT A Contractual Scope of Work Energy Resource Center Eagle County/ Energy Smart Program 81.128 EECBG Program • Objective: To provide a comprehensive, on- demand resource center that will provide technical support to program participants on residential building energy issues. • Duration: November 1st, 2010 through December 31 2011. • General Activities: Gunnison County's Energy Resource Center ( "Center ") will be hosted by ORE. ORE will operate the Center and offer a comprehensive set of residential consumer resources that support retrofit activities to Gunnison County residents including home - energy assessments, energy conservation suggestions and implementation of energy conservation measures (ECM). ORE must employ at least one full -time "home energy advisor," whose purpose is to help homeowners identify opportunities for energy retrofit, supply technical support and provide retrofit return on investment tools and financing advice. ORE will provide the following resources for the Center: a website, phone line, and storefront access for homeowners considering energy retrofits. The Center will be linked to the Governor's Energy Office (GEO), local utilities, and other complementary agencies to maximize market penetration and delivery of resources. ORE will also provide take -home topical information sheets and computer workstations that will allow consumers to access on -line forms and applications. ORE will also ensure that the Center will serve as a showcase for materials and literature on all home efficiency related information applicable to the Program. ORE will also support local capacity building through education and training events including best practice workshops, PACE enrollment events and access to building diagnostic tools. ORE will engage experts to conduct demonstrations at such educational and training events using the residential energy diagnostic equipment in addition to other topical teaching tools. ORE will maintain regular business hours of 9:00 a.m. to 5:00 p.m. Monday through Friday and will open the Center to the public during these times. In addition, ORE will host occasional events outside of normal business hours, such as Saturday markets and educational and training events. ORE will not be entitled to bill at overtime and /or double time rates for work done outside of normal business hours. Ore will also provide or obtain marketing services promoting the Center. Marketing of the Center should be focused on increasing participation in the Program. Marketing efforts will take advantage of existing community networks and venues such as Saturday markets, fairs, expos, and special events to network with homeowners and provide face -to -face referrals for the Center. Marketing may include local television, print, Internet, and radio with a focus on peer -to -peer contact. ORE will localize and distribute content materials generated by the regional marketing personnel. ORE will coordinate with the Eagle County and Pitkin County Centers to efficiently share resources and minimize costs. 11 Additional Activities: • Best Practice Workshops: ORE shall host 6 workshops per year for professionals within the residential energy services sector, including but not limited to building science for cold climates, mechanical systems, retewable energy systems and energy analysis. ORE may engage and use grant funds to pay a third -party specialist to conduct these workshops on its behalf. Grant funds used for these workshops must not exceed the budgeted amount shown herein. 1 • Pc}licy Planning Summit: ORE shall coordinate with the Eagle County and Pitkin County Centers to host ore regional policy - planning summit during the Grant Period. For the Policy Planning Summit hosted by 011E, ORE must secure a venue, book speakers, provide food, invite statewide stakeholders and produce event material. ORE may engage and use grant funds to pay a third -party specialist to conduct the Policy Planning Summit on its behalf. Policy Planning Summits rotate annually between the counties. Grant funds used for the Policy Planning Summit must not exceed the budgeted amount shown herein. • P CE enrollment events: ORE shall coordinate and host approximately 4 -6 events per year for residential e rgy consumers focused on supporting the development of individual energy action plans as related to a ilable finance programs. ORE may engage and use grant funds to pay a third party specialist to conduct th se PACE enrollment events on its behalf. Grant funds used for the PACE enrollment events must not exceed the budgeted amount shown herein. Qualifications and Staffing: Staffing decisions will be made in the discretion of ORE's executive director, but must include at least one full -time equivalent Home Energy Advisor and may not exceed the Center staffing budget amount. The hourl' rate, as paid out of grant funds, for ORE's staff members will not exceed: • e Home Energy Advisor at $27.40 per hour • O e Community Coordinator at $16.83 per hour The Hom$ Energy Advisor should possess the following qualifications: • At a mini um, an undergraduate college degree with preference given to candidates with degrees in related fields such as engineering and architecture. • Understanding of residential construction methods and materials. • Candidate}s must professional qualifications from RESNET, BPI, ASHRAE, USGBC or equivalent. • Experience in building analysis and /or building science. • Understanding of residential building energy topics, including building envelopes, construction technique, mechanical systems and renewable energy systems • Knowled e of residential scale cost /benefit analysis of building energy retrofits. • Ability to make professional public presentations. • Demonstr tes excellent customer service and organizational skills • Basic co puter graphic skills to support development of Center materials • Strong co petence in MS Office • Familiari with energy - related.incentive programs in Colorado Center Bidget: Table A 12 Activity Year 1 Year 2 Year 3 Total Staffing $107,333 $92,000 $76,666 $276,000 Events/resource development $12,500 $12,500 $12,500 $37,500 Marketing /resource development $12,500 $12,500 $12,500 $37,500 Best Practice Workshops $12,000 $12,000 $12,000 $36,000 Policy Planning Summit 0 0 $25,000 $25,000 PACE enrollment events $6,666 $6,666 $6,666 $19,998 Regional Finance Program $20,000 $20,000 $20,000 $60,000 Administration Administration $8,869 $7,602 $6,335 $22,807 Building Diagnostic Equipment $15,000 $15,000 Total $194,868 $163,268 $171,667 $431,998 Budget amounts for Years 2 and 3 are not included in this contract and are for planning and reference purposes only. Budgets outlined for Staffing, Events, Marketing/resource development, Best Practice Workshops, Policy Planning Summit, and PACE enrollment events are not to exceed amounts granted from the Department of Energy only. Actual events are to be discussed and agreed upon by the Program Management Team (which includes representation from each of the three ERCs and Jurisdictional Program Managers) and approved by the County prior to implementation, and all reimbursements will be for actual direct costs with the event or staff person(s) only. Performance and Metrics The Energy Smart Program has a stated goal of realizing a 20% energy savings in participating homes with a 10% overall market penetration. The Centers are a primary identified tool to achieve this goal. As such, the following deliverables are identified: • Centers are to demonstrate full spectrum of customer services: Information access, meeting availability, rebate, incentive, and financing information, customized customer plans and records, contractor coordination, work completion, improvement savings data tracking. • Centers are expected to log consumer inquiries to each Center with services provided. • Centers must also record the action taken by consumers as a result of the program. • When possible, each Center should enter quantitative building energy data into the regional Energy Smart tracking software currently under development. • Collected data, should, at a minimum, include: total building energy use, square footage, total building energy cost, estimated savings in dollars and GHG. • If a consumer decides to install ECMs, each Center should collect data that includes ECM type, installed cost, energy savings, energy cost savings, and GHG emissions reductions. 13 • Tiacking of the number of participating homes in their region as it pertains to the stated market p netration goals. • I ntify and implement alternative methods for such achievement within the overall scope and C nter intent as approved by Jurisdictional Program Managers. Energy source Center Hosts: o e Office for Resource Efficiency: Gunnison County o dris Zobs o 2 2 E. Georgia o Gunnison, CO 81230 o DUNS#: 141815949 o The Community Office for Resource Efficiency: Pitkin County o Katherine Dart o 215 N. Garmisch St. o PO Box 9707 I o Aspen, CO 81611 o DUNS #:942627092 o E g1e County Government e Valley Home Store P Box 850 E gle, CO 81631 D S #: 084024447 Payment Terms: Payments are to be made on a monthly basis upon submittal of an invoice as provided in the Agif Bement. Payment may be delayed pending timely submittal of report updates, completion of deliverabls as identified above, and submittal of proper invoice for payment. The invoice shall accompa* the necessary details in the quarterly reports which include the following: 1. Staff time allocated to the specific projects and scope of work identified in the Activities Section of this document 2. Specific activities, meetings, events participated in by staff of the Center. 3. Quantitative updates to Program participation including numbers from the past quarter as well as 1 Tbtal numbers demonstrating the following: a. Number of Participants in the program b. Number and type of EE improvements contracted/pending c. Number of loans or Program financing implemented • d. Number of EE home projects completed 4. Complete Request for Payment format as prescribed by the County and Department of Energy ptotocol. Request for Payments will be in reimbursement format for expenses incurred by the I Grantee during the time period being reported. Only expenses clearly articulated and d monstrated as relevant to the Scope of Work described herein can be reimbursed by the � P Y County. 5. Additional information on Program development, changes the Center is facilitating relevant to the Activities. 6. Any significant staff or role and responsibility changes. 14 I Report Deadlines: For 2010 -2011 scope of this agreement, the report deadlines are 5 pm on the identified date, or if the date falls on a weekend or holiday, the following business day as follows: • December 31, 2010 • March 31, 2011 • June 30, 2011 • September 30, 2011 • December 31, 2011 15