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HomeMy WebLinkAboutC13-040 Community Office of Resource Efficiency AGREEMENT BETWEEN EAGLE COUNTY AND THE COMMUNITY OFFICE OF RESOURCE EFFICIENCY (CORE) IN PITKIN COUNTY This Agreement ( "Agreement ") dated as of this day of , 013, is between the County of Eagle, State of Colorado, a body corporate and politic, by and t ough its Board of County Commissioners ( "County "), and the Community Office of Resource Efficiency, a Colorado nonprofit corporation, with a principal mailing address of PO Box 9707 Aspen, Colorado ( "CORE "). WHEREAS, the United States Department of Energy ( "DOE ") has partnered with Eagle County as the lead fiduciary agent to create the Energy Smart Program (the "Program ") for the benefit of Eagle, Pitkin and Gunnison Counties with the objective to improve the energy efficiency of 10 %, or 4,100 homes in Eagle, Pitkin (1300), and Gunnison counties by 20 %, utilizing energy audits, resource centers, innovative financing options, workforce training, and comprehensive results calculations; 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 Pitkin County and for the benefit of Pitkin County residents; and WHEREAS, on September 28, 2010, Pitkin County entered into an agreement with CORE to manage and administer the Program within Pitkin County for the benefit of Pitkin County residents; and WHEREAS, on January 11, 2011, Eagle County and CORE entered into an agreement whereby CORE would receive a portion of the grant funds for the purpose of providing an Energy Resource Center ( "Center ") in Pitkin County so as 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; and WHEREAS, CORE is a non - profit corporation whose mission is to work cooperatively with businesses, individuals, utilities and government entities to create measurable improvements in energy and water efficiency in order to benefit the environment and develop a more sustainable economy; and WHEREAS, County and CORE intend by this Agreement to continue working together under the grant agreement to implements the Program in Pitkin County and to set forth the scope of the responsibilities of CORE in connection with the grant award and related terms and conditions to govern the relationship between CORE and County in connection with said award. AGREEMENT NOW THEREFORE, based upon the representations by CORE set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: O 'DEED 1. Scope of Services: 1.1 The term "Work" as used herein shall mean the tasks, services and activities CORE is required 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. CORE 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. 1.2 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 the terms and conditions of this Agreement shall control. 1.3 CORE agrees that CORE will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 1.4 CORE has given the County a proposal for performing the Work and represented that it has the expertise and personnel necessary to properly and timely perform the Work. 2. Effective Date and Term of Agreement: 2.1 This Agreement shall not be effective or enforceable until it is approved and signed by both parties (hereinafter called "Effective Date "). 2.2 The parties agree that the Term of this Agreement shall be Effective Date through August 31, 2013, unless earlier terminated or extended in accordance with the terms of this Agreement. County shall not be liable to compensate CORE for any Work performed prior to the Effective Date or after the termination of this Agreement. 2.3 This Agreement may be terminated by either party for any reason with 30 days written notice, with or without cause, and without penalty. In the event CORE files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is terminated, and all rights of CORE and obligations of County, except payment of accrued but unpaid fees set forth in Section 2.4 hereof, shall terminate immediately. 2.4 In the event of any termination of this Agreement, CORE shall be compensated only for accepted performance up to the date of termination, however, before any final payment will be made, CORE shall forthwith return any and all unexpended funds, unused products and materials, Program records, documents and reports, entirely or partially completed, whether in 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, CORE acknowledges that it is receiving grant money as a subgrantee for the purpose of providing Services to Pitkin County residents. Nothing in this Agreement shall be deemed to make CORE or any of its agents, employees or officers an agent or employee of County. 3.2 CORE 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 CORE and its employees are not entitled to workers' compensation benefits through the County. CORE is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. CORE and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. CORE 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 CORE 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 CORE's resources and shall not increase the maximum amount payable hereunder by the County. 4.2 The maximum amount payable to CORE by County under this Agreement is $197,000.00 based on the budget set forth in Exhibit A. Payment will be made for services performed during the previous month on a monthly reimbursement basis, as determined appropriate by County from available associated DOE grant funds, upon invoice in the form and manner approved by County as more fully set forth in Exhibit A. Such invoices shall be submitted monthly by CORE and shall accompany the quarterly update reports, when such reports are due. Invoices must clearly demonstrate that the Work described 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 CORE, 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: john.gitchell@eaglecounty.us. 4.4 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by CORE, County reasonably determines that payment as requested would be improper because the Work was not performed as prescribed by the provisions of this Agreement, County shall have no obligation to make such payment. If, at any time after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to CORE was improper because the Work was not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, CORE shall forthwith return such payment to County. Upon termination of this Agreement as provided herein or expiration of the term, any unexpended funds advanced by County to CORE shall forthwith be returned to County. 4.5 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to CORE 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 Agreement, without the written approval in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado 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. Reporting and Notification 5.1 The quarterly reports required to be produced by CORE shall be in accordance with the procedures of and in such form as prescribed by the County. 5.2 CORE shall submit a final report to county upon expiration or sooner termination of this Agreement, containing an evaluation and review of CORE's performance and the final status of CORE's obligations hereunder. In addition, CORE shall comply with all reporting and meeting requirements, including quarterly meetings and reports updating CORE's progress on the Work described herein. 5.3 Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this grant or which may affect CORE's ability to perform its obligations hereunder, CORE 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's principal representative is not then serving, such notice and copies shall be delivered to the Eagle County Manager at 500 Broadway, P.O. Box 850, Eagle, CO, 81631. 5.4 Copies of any and all subcontracts entered into by CORE 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 CORE related to its performance hereunder shall comply with all applicable federal and state laws, DOE grant requirements, allowable use and reporting of ARRA funds, and shall provide that such subcontracts be governed by the laws of the State of Colorado. 6. Indemnification: Within the limits allowed by law, CORE 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 whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by CORE. 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 CORE. 7. CORE's Professional Level of Care and Additional Duties: 7.1 In rendering its services hereunder, CORE shall comply with the highest standards of customer service to the public. CORE 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 CORE, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to CORE. 7.2 All funds received by CORE 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. CORE shall provide the County with progress reports as more specifically set forth in the attached Exhibit "A ". 7.3 CORE 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. CORE 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 CORE 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 CORE shall permit the County to audit, inspect, examine and/or copy CORE's records related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or to evaluate CORE's performance hereunder. If the Work fails to conform to the requirements of this Agreement, the County may require CORE to promptly bring the Work into conformity with this Agreement or the DOE grant requirements at CORE's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the County may require CORE to take necessary action to ensure that future performance conforms to this Agreement or DOE 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 CORE 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 CORE's performance hereunder. 7.6 CORE shall comply with all applicable federal, state and local rules, regulations and laws governing the Work to be performed under this Agreement including the terms of the grant from DOE to Eagle, Pitkin and Gunnison Counties. CORE shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 7.7 CORE shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, 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; return receipt requested which shall be addressed as follows: COUNTY: CORE: Adam Palmer Mona Newton Community Development Department Executive Director 500 Broadway 215 North Garmisch Street P.O. Box 850 P.O. Box 9707 Eagle, Colorado, 81631 Aspen, CO 81612 With a copy to Eagle County Attorney 500 Broadway P.O. Box 850 Eagle, Colorado 81631 9. Insurance: 9.1 At all times during the term of this Agreement CORE shall maintain in full force and effect the following insurance: Insurance Type Coverage Minimums • Workers' Compensation Statutory • Employers Liability, including $600,000 Occupational Disease • Comprehensive 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 9.2 CORE 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 Agreement. The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to CORE and the County by certified mail. • The above insurance policies shall also include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against CORE or the County, its agencies, officers, agents, employees and volunteers. 10. Non - Assignment and Subcontractors: CORE shall not assign this Agreement or employ any subcontractor without the prior written approval of the County. CORE shall be responsible for the acts and omissions of its agents, employees and sub - contractors. CORE shall bind each subcontractor to the terms of this Agreement. The County may terminate this Agreement, if CORE 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 CORE 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. CORE 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. CORE 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. CORE 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 CORE may be cause for legal action by third parties against County, CORE or their respective agents. CORE 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 CORE 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. 12.3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other 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 constitute 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 ' I arising from the negligence of the County, its departments, agencies, boards, officials and employees 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 CORE fails to perform or comply as required. 12.6 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 as 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 CORE has any employees or subcontractors, CORE shall comply with C.R.S. § 8 -17.5- 101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, CORE certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that CORE 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) CORE 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 CORE that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) CORE 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: http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm (c) CORE 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 CORE 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 CORE 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 CORE 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) CORE 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 CORE 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, CORE 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 CORE violates this provision of this Contract and the County terminates the Contract for such breach. /1 SIGNATURE PAGE TO FOLLOW // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners II 1 ATTEST: By� * '" . g hairman A 7i / (0(0,, 0 V N� v 1 eak J. Simonto , Clerk to the Board of County Commissioners COMMUNITY OFFICE FOR RESOURCE EFFICIENCY k.-1/0 .l Title: &, -f-uc L) re STATE OF i 2 q c� ) ) SS. COUNTY OF fl i / �L !/► ) The foregoing instrument was acknowledged before me by, Au ,/t p c te.4 , this 5 day of )c /t/ , 2013 My commission expires: 7 „Ze( .::.!3t " Notary Public 'e JONATHAN i I. FELD AN t l 7, *O leo o +*'r My Carfikritieti E4 0411412013 EXHIBIT A Contractual Scope of Work Energy Resource Center Eagle County/ Energy Smart Program 81.128 EECBG Program Objective 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 of improving the energy efficiency of 10 %, or 4100 homes in Eagle, Pitkin, and Gunnison counties by 20% by December 2013 through the provision of energy audits, resource centers, financing options, workforce training, and comprehensive results calculations. The objective of the Energy Smart Program ( "the Program" or "ESP ") is to transform the local energy efficiency improvement market and stimulate significant, measurable retrofits in the existing housing stock by addressing existing barriers for access to information, capital, and a skilled workforce. The goal in developing the Program is to create a replicable and self - sustaining business model that will continue to operate beyond the performance period of the grant and beyond the term of this Agreement. The Energy • Smart Program is being implemented in Gunnison, Eagle and Pitkin Counties. Pitkin County, as a grantee, has nominated CORE to implement the Program and represent the interests of Pitkin County as a sub - grantee of the tri- county partnership. General Activities Program Management: As the entity responsible for Program management, CORE is responsible for the implementation and management of all key components of the Energy Smart Program in Pitkin County, including the function and performance of the Energy Resource Center ( "ERC ") (listed below), workforce development, delivery of financial incentives and programming, and coordination with utilities and other partnering entities to meet the goals of the Program. Management responsibilities also include the development of a local Energy Smart deployment model that leverages the regional assets of the program in order to create a self - sustaining program that will continue to operate beyond the grant period. This includes the development of revenue streams and service delivery models to support the deployment of the Program while continuing to meet the Program's goals. 1) Energy Resource Center: CORE will host and operate Pitkin County's Energy Resource Center (the "Center ") and offer a comprehensive set of residential consumer resources that support retrofit activities to Pitkin County residents including home - energy assessments, energy conservation suggestions and implementation of energy conservation measures (ECMs). CORE 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, CORE will host occasional events outside of normal business hours, such as farmers markets and educational, training and enrollment events. CORE will not be entitled to bill at overtime and /or double time rates for work done outside of normal business hours. CORE will also support local workforce development through education and training events and access to building diagnostic tools. CORE 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. CORE will also manage and coordinate marketing services promoting the Program. Marketing should be focused on increasing participation in the Program. Marketing efforts will take advantage of existing community networks and venues such as public 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. CORE will generate, localize and distribute marketing materials to target audiences. CORE will coordinate with the Eagle County and Gunnison County Centers to efficiently share resources and minimize costs related to all aspects of the Program. 2) Access to Information CORE is responsible for local communications that results in easy access to quality residential energy efficiency information. While communications activities may be contracted to sub - recipients, CORE will be responsible for oversight, program consistency, and project management. The regional strategy will be outlined and updated annually in the Operations Plan, and will include the following elements: Assist with marketing and branding of the Program, and guide the deployment of a coordinated, consistent regional campaign to drive consumer behavior in energy retrofits. Share information with public and private community stakeholders and deliver presentations to technical and public audiences including contractors and vendors. Ensure that activities are aligned with the Program. Assist in the development and adoption of a web -based regional information system that includes energy audit tools, data management, and performance tracking. 3) Access to Capital, Rebates, and Other Financial Incentives: CORE is responsible for deploying and driving demand to ESP financial products, specifically loans and rebates, and work with local stakeholders to increase uptake of the product and increase the capital of the ESP loan fund. In addition to promotion of ESP finance programs, the Jurisdictional Program Manager (hereinafter "JPM ") will develop a portfolio of financial incentives for residential efficiency improvements. The JPM will align and coordinate with existing energy retrofit programs and resources (federal, state, local, private) to make financial incentives and loan products easily accessible. JPMs will assure that financial products are fully represented in all marketing and information system components, and that retrofit contractors and other trade partners are fully aware of finance options. 4) Alignment of Workforce Strategies: CORE will work with Program partners in their region to connect a qualified, skilled workforce with energy efficiency upgrade jobs. Specific tasks will include: • Develop and maintain a "Contractor List" based on the Program's standards, to help assure the quality and integrity of home improvements and financing undertaken by the Program. • Implement workforce training through the Program. • Serve as liaison for all workforce development sub - recipients, and provide policy direction and oversight. • Coordinate with other regional training and workforce development activities to assure program alignment. • Ensure that workforce development opportunities are integrated with all other activities of the program, including communications strategy and information systems. 5) Deliverables: • Full spectrum of customer services: Public information, meeting availability, rebate, incentive, and financing information, customized customer plans and records, contractor coordination, work completion, improvement savings data tracking. • Log consumer inquiries with services provided, including actions taken by consumers as a result of the program and customer feedback. • Quantitative building energy data into the regional Energy Smart data management system. • Workforce Development training, certifications and program involvement. • Number of audits and upgrades completed with commensurate energy and cost savings. • Measurable customer and contractor follow -up and evaluation data. • Aggregate energy reductions directly resulting from the Program. • Reporting as required by DOE and County. Qualifications and Staffing: Staffing decisions will be made at the discretion of ORE's Executive Director. While some overlap of roles may occur, the following positions must be adequately covered: • One Jurisdictional Program Manager not to exceed $42.01 per hour and 40 hours per week • One Home Energy Advisor not to exceed $25.50 per hour and 40 hours per week • One Marketing Director not to exceed $26.15per hour and 20 hours per week • One Program Assistant not to exceed $16.25 per hour and 20 hours per week • One Director not to exceed 49.58 per hour 10 hours per month Staff at the Energy Resource Center shall possess the following minimum qualifications: • An undergraduate college degree with preference given to candidates with advanced degrees in related fields such as engineering and architecture. • Understanding of residential construction methods and materials. • Home Energy Advisors must possess current certifications from RESNET, BPI, ASHRAE, or equivalent. • Experience in building analysis and /or building science. • Understanding of residential building energy topics, including building envelopes, construction techniques, mechanical systems and renewable energy systems • Knowledge of residential scale cost/benefit analysis of building energy retrofits. • Ability to make professional public presentations. • Excellent customer service and organizational skills. • Adequate computer and software to operate within the parameters of the Program's data management system and manage presentation quality graphic files as provided by the Program's marketing subcontractor. Budget: As the appointed implementation body for the Energy Smart Program in Pitkin County, grant funds are allocated to the ERC. Expenses incurred by the ERC are reimbursable and may not exceed the total of all budget categories listed in Table 1. The allocation of the total budget to budget categories is based on anticipated service levels for the remainder of the grant period. December 2012 — August 2013 (9 Months) Total Not to Exc- d Jurisdictional Program Manager $62,400.00 Home Energy Advisor $42,120.00 Marketing Coordinator $21,060.00 Program Assistant $12,675.00 Director $19,500.00 „; ing To �, $ 00 Office $10,540.67 Marketing $19,992.09 Events $8,711.79 ERC Total $39,244.55 Tota I $196,999.55 Staff focus areas: Jurisdictional Program Manager • ERC Operations & Management • Pitkin Program Management & Reporting • Sustainable Program Development - Revenue Streams, Business Planning • Funding and resources for Energy Smart Colorado Post -Grant • Tri- County Data Management coordination • Multi- Family Coordination (Field Focused) • Workforce Development • QA and Support in the Field Home Energy Advisor • Residential Customer Service • Upgrade Support: Participant Follow -Up, RLF Assistance, Modeling, etc. • Rebate processing • Sustainable Program Development • Data Management and Reporting • Events and Outreach as needed Marketing Coordinator • Coordinate with Energy Smart Team on Quarterly Marketing Campaigns • ERC Communications Planning & Implementation • Develop Local Outreach Partners • Outreach/Enrollment Events • Develop, Coordinate, Deploy Collateral Materials Program Assistant • Events and Outreach Support • Data Management • Customer Service Support Director • Pitkin County Program Liaison: Partnership Development & Maintenance (Government, Utility, Real Estate, Organizational) • Sustainable Program Development - Revenue Streams, Business Planning • Efficiency Summit — Coordinated with Aspen Utility Exchange, Oct. 2012 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 Energy Resource 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 GreenHouse Gas(GHG) emissions. • If a consumer decides to install Energy Conservation Measures (ECMs), each Center should collect data that includes ECM type, installed cost, energy savings, energy cost savings, and GHG emissions reductions. • Tracking of the number of participating homes in their region as it pertains to the stated market penetration goals. • Identify and implement alternative methods for such achievement within the overall scope and Center intent as approved by Jurisdictional Program Managers. Payment Terms: Payments are to be made on a monthly basis upon submittal of an invoice as provided in the Agreement. Payment may be delayed pending timely submittal of report updates, completion of deliverables as identified above, and submittal of proper invoice for payment. The invoice shall accompany 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 Total numbers demonstrating the following: a. Number of Participants in the program b. Number and type of energy efficient (hereinafter "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 protocol. Request for Payments will be in reimbursement format for expenses incurred by the Grantee during the time period being reported. Only expenses clearly articulated and demonstrated as relevant to the Scope of Work described herein can be reimbursed by the 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. Payments will be made for reimbursement of Program- related actual costs only.