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HomeMy WebLinkAboutC22-214 Community Office For Resource Efficiency AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND COMMUNITY OFFICE FOR RESOURCE EFFICIENCY THIS AGREEMENT (“Agreement”) is effective as of January 1, 2022 by and between Community Office for Resource Efficiency, a Colorado non-profit corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County’s Strategic Plan includes a goal to provide regional leadership on climate protection and reduction of community greenhouse gas (GHG) emissions; and WHEREAS, in 2016 County contracted with a consultant to engage over 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County in the creation of a communitywide Climate Action Plan (CAP) to help guide GHG reductions into the future; and WHEREAS, in 2017 County contracted with a consultant to develop the Climate Action Collaborative (CAC) to implement the CAP, and achieve the goals for the benefit of the Eagle County community by engaging local governments, businesses, schools, and nonprofits in working groups focused on GHG reduction from energy supply, buildings, transportation, and waste; and WHEREAS, on April 27, 2021, County approved and signed Resolution No. 2021-023, which adopts the Climate Action Plan, Update 2020, which sets shared community goals to reduce GHG emissions 25% by 2025, 50% by 2030, 70% by 2045, and 80% reduction by 2050 (baseline 2014), provides revised priorities for climate actions, and endeavors to meet the goals through ongoing County initiatives, integration with County and community plans, and through promotion of and participation in community actions that reduce GHG emissions; and WHEREAS, County desires to retain Contractor to administer the Energy Smart Colorado program to assist residents of Eagle County in the Roaring Fork Valley with building energy improvements and GHG reduction, and to perform certain services in connection with these programs as more fully set forth below in Exhibit A, Scope of Work; and WHEREAS, rebates and incentives available in 2022 to Eagle County residents in the Roaring Fork Valley are described in Exhibit B, Rebates Available through CORE ; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E 1. Services or Work . Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work described in Exhibit A and Exhibit B (“Services” or “Work”) which are attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than December 31, 2022. and in accordance with the schedule established in Exhibit A . If no completion date is specified in Exhibit A , then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Resiliency Department’s designee shall be Contractor ’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through December 31, 2022. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor ’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A . The performance of the Services under this Agreement shall not exceed $140,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. County may request a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. 2 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). 6. Subcontractors . Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 7. Insurance . Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C . ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. 3 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents, and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. Contractor is obligated to pay all federal and state income tax on any monies paid pursuant to this Agreement. 8. Indemnification . The Contractor shall indemnify and hold harmless County, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which County may become subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal, and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability, or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents . All documents (including electronic files) and materials obtained during, purchased, or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice . Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention:John Gitchell, Climate Action Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8766 E-Mail: John.Gitchell@EagleCounty.US With a copy to: Eagle County Attorney 500 Broadway 4 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Community Office for Resource Efficiency (CORE) Attention: Phi Filerman, Community Sustainability Manager 111 Aspen Airport Business Center, Suite M PO Box 9707 Aspen, CO 81612 Telephone: 970-925-9775 E-Mail: Phi@AspenCore.org 11. Termination . County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction, and Applicable Law . Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules, and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as it deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. 5 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of care, skill, and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules, and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 6 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E 15. Prohibitions on Government Contracts . As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor 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 Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement 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: https://www.uscis.gov/e-verify c. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor 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 Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. 7 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONTRACTOR: By:________________________________ Print Name: _________________________ Title: ______________________________ 9 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E John Dougherty Interim Executive Director EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 10 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E Exhibit A, 2022 Scope of Work for Eagle County Community Office for Resource Efficiency (CORE) CORE works to lead the Roaring Fork Valley to a carbon-free, net-zero energy future. Focusing on the built environment, CORE supports our communities to save energy and cut carbon emissions by offering the community energy assessments, advising, and funding for qualified projects. Eagle County’s strategic goal for climate protection is to reduce community GHG emissions each year by 5% (or 75,000 tons) to meet the Climate Action Plan goal of 50% reduction by 2030 (baseline 2014). In 2022 and 2023, the county’s primary strategy for achieving the goal is through electrification of buildings and vehicles for the benefit of low and middle income residents. In support of this goal and strategy in 2022, CORE will provide the following services to Eagle County residents located in the Roaring Fork Valley through its Net Zero Homes Grants program, and the Energy Smart Colorado / Path to Zero program which serves as a foundation and platform for managing and reporting on all CORE programs. Net Zero Home Grants This program provides homeowners interested in pursuing high performance homes with the opportunity to apply for a project grant. Net Zero Homes grants are based on the Home Energy Ratings System index (HERS) and are secured with a Projected HERS index of 10 or lower. Grants of up to $8,000 per project are available. Under CORE’s previous funding model, we were able to offer Net Zero Home Grants to citizens in Eagle County with funding provided through the City of Aspen and Pitkin County Renewable Energy Mitigation Fund. In 2020, CORE accepted Net Zero Grant applications from two homeowners in Eagle County. Applicants have two years to complete their projects, with the ability to extend their application one year if needed. Income Qualified Incentives At CORE we strive to be inclusive to all our community members. We offer increased energy efficiency support to income-qualified homes, including free assessments and advising and increased rebates. CORE offers double rebates for income-qualified residents, available for homeowners and renters with household income below 120% of AMI for Eagle County. Energy Smart Colorado / Path to Zero Program As a member of Energy Smart Colorado, Inc.,a Colorado non-profit corporation, CORE is one of 10 Colorado community partners serving 25 counties, whose collective goal is to make energy efficiency improvements simple and affordable while advancing community-based goals for climate action. CORE has customized the Energy Smart Colorado program under the name or brand of Path to Zero. The foundation of the Path to Zero program is the EnergySmart Colorado program platform, and its implementation meets the same requirements and follows similar processes. Path to Zero services and rebates apply to everyone: renters, homeowners, business owners, facility managers, nonprofits, and institutions. There are several ways to engage with the program and access energy advising through CORE. Each step builds on the one before to maximize the participant’s budget and minimize carbon emissions. CORE recognizes that some projects are unique and will customize the Path to Zero for individual customers, as needed. CORE’s Path to Zero is based on the concept of net zero buildings — buildings that generate as much energy as they use. Properly designed net zero buildings result in zero carbon emissions and often lower 1 DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E energy bills. CORE has broken down the process of reaching net zero and eliminating carbon emissions into the five most effective steps for any home, business or facility whether it is new construction or a remodel: 1. Assess + ease in : The first step is evaluating the energy performance of the space with an energy assessment and then tackling the low-hanging fruit of efficiency, like smart thermostats and LED lighting. This step is available to everyone, including renters. 2. Tighten building envelope : Shoring up the space by sealing drafts and insulating walls, attics, and crawl spaces. This ensures the occupant(s) will get the most out of heating and cooling systems and upgrades. 3. Electrify mechanicals : Replacing gas and propane appliances with all-electric options like heat pumps and induction cooktops. By using electricity instead of fossil fuels, buildings take advantage of renewable energy sources and an increasingly cleaner energy grid. 4. Power renewably : Using on-site renewable energy, like solar photovoltaic systems, ensures electrified mechanicals and appliances from Step 3 are powered by clean, carbon-free sources of energy. 5. Drive change : Installing a battery storage system and/or electric vehicle charging at home or work to take advantage of renewable energy anytime regardless of weather and other conditions. As the Energy Smart community partner serving Eagle County residents within the Roaring Fork valley, CORE staff shares access to Energy Smart program resources including field assessment tools, data management and results tracking, participant enrollment support, and equipment and training for building analysts and consultants. Through the program, homeowners and businesses receive energy assessments, direct installs, energy advising, access to rebates, loan information, and referrals to local contractors to complete energy improvements. Historically the majority of Energy Smart participants are individual homeowners. Multifamily Buildings In 2022 Eagle County increased CORE’s funding by $70,000 to increase the support for Energy Smart assessments and incentives to assist lower and middle income households, and begin converting existing multifamily buildings to high efficiency, all-electric homes and buildings. This proactive work requires identifying and targeting specific buildings for improvements, developing incentives for building owners and tenants, and assisting with project completions through advisory and referral services. 2022 Funding for CORE Energy Programs within Eagle County: 2022 Staff Expenses: Indirect/Administration $10,000 2022 Incentives and Outreach: Marketing & Communications* (ongoing and targeted outreach to LMI) $ 8,000 Outstanding Net Zero grants and committed rebates (1 grant for $8,000, 5 rebates) $18,000 Assessments and Rebates (No income restrictions, all bldg types) (goal: 23 buildings) $34,000 Multi-family building assessments by contractor for LMI households (goal: 35 units) $20,000 Multi-family rebates/incentives for benefit of LMI residents (goal: 4 buildings / 35 units) $50,000 2022 Total Funding from Eagle County for Staff, Marketing, Assessments and Incentives $140,000 2 DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E *Marketing, Outreach and Engagement These services provide an array of marketing, outreach and engagement components to effectively engage individuals, businesses, property owners, and CORE members and partners. This work is focused on both motivating actions and growing the environmental sustainability ethos across the community. Specific deliverables include, but are not limited to: ● Broad-based climate action marketing and advertising campaigns ● Targeted promotional campaigns (i.e multi-family properties, low to moderate-income properties) ● Collateral informational material production and distribution ● Customer service staff for in-person information, technical assistance, and referral ● Public relations and communications on behalf of project-based initiatives and climate action advancements. Results Measurement and Reporting CORE’s Energy Smart goal is to reduce annual GHG emissions by 150 MtCO2e in 2022. Program results are measured and reported quarterly (beginning with the 2nd quarter), including the number of Eagle County households that receive home energy assessments, health and safety issues identified, number of low and middle income multifamily buildings converted to all-electric, rebated electrification projects that convert gas and propane heating appliances to electric or, if receiving a net zero grant, are built using electric heating and appliances, resulting annual energy savings for residents, and resulting annual GHG reduction. Results reporting for the Energy Smart program will be sent to Eagle County’s Resiliency Department within two weeks after the end of each quarter. Payments from Eagle County During the term of this Agreement, Eagle County shall advance an amount not to exceed one hundred thousand dollars ($100,000) to Consultant for disbursement to third parties as described above. Such funds are restricted for incentives, education, and outreach for the Energy Smart Colorado program locally ("Energy Smart Funds"). These Energy Smart Funds shall be provided by County to Consultant as follows: a. Upon execution of this Agreement County shall advance one hundred thousand dollars ($100,000) to Contractor (the “First Distribution”). b. At such time as the First Distribution has been or will within thirty (30) days be expended for the purposes authorized herein, then Contractor shall provide a written notice of the same to the County. Upon receipt of such notice, County and Consultant shall discuss and mutually agree upon the amount of the next distribution or distributions to Consultant which shall not exceed forty thousand dollars ($40,000). The distribution of the remaining funds by County to Consultant may occur in one or more distributions to Consultant and shall be documented in writing by the parties. c. Consultant shall deposit all Energy Smart funds delivered by County to Consultant in an account with a bank that is federally insured. 3 DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E EXHIBIT B AVAILABLE REBATES 11 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E Exhibit B, 2022 Rebates available through CORE for Eagle County Residents Category Project Criteria CORE Rebate Holy Cross Rebate Town of Basalt Rebate Insulation & Air Sealing Home Energy Assessment required for rebate for air sealing, including blower door test, project must demonstrate at least 10% improvement in air leakage as measured in CFM50 by blower door test $100 rebate Post Blower Door Test Required for rebate for air sealing $100 rebate Insulation Home Energy Assessment required; Air sealing must be completed prior to adding insulation unless already at or below 6 ACH50; Insulation projects must confrom to the 2015 IECC; R-value of insulation must meet requirements outlined in CORE residential rebates. 25% of project cost up to $500 25% of project cost up to $500; multi-family building (4+ units) = 25% of project cost up to $2,500. 25% of project cost up to $500; consider multi-family Air Sealing Home Energy Assessment required; Air infiltration levels must be measured by a blower door test before and after sealing; project must demonstrate at least at 10% air leakage reduction as mesured in CFM50 by a blower door test. 25% of project cost up to $500 25% of project cost up to $500 25% of project cost up to $500 Electrification (Fuel Switching) Electrical upgrades (e.g. breaker box panel, exterior control unit, equipment and labor) 25% of project cost up to $200 Cold climate heat pump - materials and installation Eligible controls include: solar thermal meter, solar pv meter, heat tape timer, heat tape moisture sensor, lighting controls 25% of project cost up to $2,500 (primary heat source). Cooling or supplemental heating = rebate of 25% of project cost up to $500 25% of project cost up to $3,000. Cooling only 24% of project cost up to $200 25% of project cost up to $1,500 (primary heat source). Cooling or supplemental heating = rebate of 25% of project cost up to $500 Electric Heat pump water heater - materials and installation Heat pump must be Energy Start certified; installed location space should not be heated by tgas or electric resistance source 25% of project cost up to $500 25% of project cost up to $500 25% of project cost up to $500 Energy Efficiency Cold climate heat pump - materials and installation 25% of project cost up to $2,500 (primary heat source). Cooling or supplemental heating = rebate of 25%of project cost up to $500 25% of project cost up to $3,000. Cooling only 24% of project cost up to $200 25% of project cost up to $1,500 (primary heat source). Cooling or supplemental heating = rebate of 25% of project cost up to $500 Heat pump water heater - materials and installation 25% of project cost up to $500 25% of project cost up to $500 25% of project cost up to $500 Other Battery Storage System A home Energy Assessment is required 25% of project cost up to $2,500 25% of project cost up to $1,500 LED Lighting Minimum $50 spent for eligibility; must upgrade existing bulbs, rebate not available for the addition of new bulbs and/or fixtures 25% of project cost up to $500 25% of project cost up to $10025% of project cost up to $100 Programmable Thermostat Must be programmable; Smart thermostats (e.g. Nest) are eligible 25% of project cost up to $500 Smart or Programmable Thermostats - 25% of project cost up to $300 Smart or Programmable Thermostats - 25% of project cost up to $200 Controls for lighting, solar thermal meter, solar pv meter, heat tape timer, heat tape moisture sensor Eligible controls include: solar thermal meter, solar pv meter, heat tape timer, heat tape moisture sensor, lighting controls 25% of project cost up to $500 Heat tape timer - 25% of project cost up to $200 Heat tape timer - 25% of project cost up to $200 Notes and Follow Up Items: 1. Combined rebate not to exceed 75% of total project costs 2. Basalt rebates available to Town of Basalt residents only DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E EXHIBIT C INSURANCE CERTIFICATE 12 Eagle County General Services Final DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/2/2022 (970) 384-8341 18058 Community Office for Resource Efficiency PO BOX 9707 Aspen, CO 81612 41190 A 1,000,000 X PHPK2375117 3/21/2022 3/21/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A PHPK2375117 3/21/2022 3/21/2023 B 4112735 4/1/2022 4/1/2023 500,000 500,000 500,000 A Professional / Error PHPK2375117 3/21/2022 A Property PHPK2375117 3/21/2022 3/21/2023 Certificate Holder is listed as Additional Insured in regards to the Ongoing Operations of the Insured for General Liability. Eagle County Government PO Box 179 Eagle, CO 81631 COMMOFF-01 APHIPPS GIA Group, LLC 1605 Grand Avenue Suite K Glenwood Springs, CO 81601 Audrey Phipps audreyp@glenwoodins.com Philadelphia Insurance Companies Pinnacol Assurance X 3/21/2023 X X X X X X DocuSign Envelope ID: BC9B9D4E-4199-45C4-812B-F948FB86270E