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HomeMy WebLinkAboutC24-111 Community Office for Resource Efficiency COREAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND COMMUNITY OFFICE FOR RESOURCE EFFICIENCY THIS AGREEMENT (“Agreement”) is effective as of ________________ 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, Eagle County’s Strategic Plan includes a vision to provide regional leadership on climate protection and reduction of community greenhouse gas (“GHG”) emissions; and WHEREAS, on December 13th, 2016, The Board of County Commissioners for Eagle County (the “BoCC”) adopted Resolution 2016-101 to adopt the Climate Action Plan (“CAP”) for the Eagle County Community to help guide GHG reductions in the future; and WHEREAS, on April 27, 2021, the BoCC 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 Eagle County initiatives, integration with Eagle 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 that reduce GHG emissions, and to perform certain services in connection with these programs as more fully set forth below in Exhibit A; 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: 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 (“Services” or DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 2/23/2024 2 Eagle County General Services Final 8/15/2022 “Work”) which is 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, 2024 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 the 31st day of December, 2024. 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 $200,000. 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. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of 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. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 3 Eagle County General Services Final 8/15/2022 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. 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. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 4 Eagle County General Services Final 8/15/2022 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 B. 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. 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. The Contractor is obligated to pay all federal and state income tax on any moneys 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. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 5 Eagle County General Services Final 8/15/2022 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 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 Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONTRACTOR: Community Office for Resource Efficiency (CORE) Attention: Ryland French, Senior Director of Climate Programs 129 Emma Rd., Unit B PO Box 2449 Basalt, CO 81621 Telephone: 970-925-9775 x1001 E-Mail: ryland@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. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 6 Eagle County General Services Final 8/15/2022 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 he 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. 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 DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 7 Eagle County General Services Final 8/15/2022 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. 15. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 8 Eagle County General Services Final 8/15/2022 iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 9 Eagle County General Services Final 8/15/2022 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 COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT COMMUNITY OFFICE FOR RESOURCE EFFICIENCY By: _____________________________________ Ryland French, Sr. Director of Climate Programs DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 10 Eagle County General Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 1 CORE 2024 Funding Proposal to Eagle County Eagle County’s strategic priorities in 2024 include reducing building-related GHG emissions through building code adoptions, home energy improvements, and building electrification. Eagle County provides funding for programs provided by the Community Office for Resource Efficiency (CORE) that help to deliver on these priorities. CORE guides businesses, homeowners associations, and individual residents to complete impactful energy efficiency or electrification projects in their buildings by providing technical advising, performing energy assessments, connecting with contractors, and awarding grants and rebates to help fund the projects. CORE operates in the Roaring Fork Valley portion of Eagle County, as well as Pitkin County. To allow CORE to run these programs in 2024, CORE requests $200,000 in total funding from Eagle County, in the categories listed in the table below. Each category is summarized after the table. Funding and Invoicing Category Cost Invoicing Jan '24 End of Q1 End of Q2 End of Q3 Dec '24 Energy Advising (10% of total) $20,000 $5,000 $5,000 $5,000 $5,000 Energy Assessments (2.5% of total) $5,000 $5,000 Rebates and Grants (57.5% of total) $115,000 $115,000 Customer Service Improvements (10% of total) $20,000 $5,000 $5,000 $5,000 $5,000 Programs Subtotal $160,000 Community Engagement (7% of Programs Subtotal) $11,200 $2,800 $2,800 $2,800 $2,800 Fundraising (7% of Programs Subtotal) $11,200 $2,800 $2,800 $2,800 $2,800 Administrative Overhead (11% of Programs Subtotal) $17,600 $4,400 $4,400 $4,400 $4,400 Grand Total $200,000 Category Descriptions ● Energy Advising: CORE’s Energy Concierge service is designed to reflect that bespoke guidance is key to community members ultimately completing energy improvement projects. This includes understanding a participant's goals, determining if an energy assessment is needed and coordinating if so, choosing a DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 2 project to pursue, soliciting and reviewing quotes from contractors, and identifying incentives available to complete the project. ○ 2024 goal: 200 MTCO2e saved altogether through CORE’s 2024 programs. ○ Potential participants in ReEnergize Eagle County will be identified. ● Energy Assessments: Free commercial and multifamily energy assessments are completed by CORE staff. Subsidized home energy assessments are completed by contractors CORE coordinates with. ○ 2024 goals: 15 home energy assessments. 2 commercial/multifamily assessments. ○ Free home energy assessments from NWCCOG are provided for ReEnergize Eagle County participants. ● Rebates and Grants: Grants will be awarded to participants to incentivize large scale energy projects with large greenhouse gas savings. Rebates will be awarded to participants to incentivize completion of energy projects that reduce greenhouse gas emissions. Community Priority Participants receive double rebates. They include individuals or organizations that fall in any of the following categories: workforce housing, education and childcare providers, the energy efficiency industry, first responders, nonprofits and their staff, military or veterans, or households under 150% of Area Median Income (AMI). Residents under the AMI threshold will be directed to the ReEnergize Eagle County program. In 2024, CORE will have a soft start for offering ReEnergize Eagle County. CORE will not market it specifically, but the Energy Concierge team will identify leads through their regular advising process. Leads will fill out the application that connects to NWCCOG. ○ Overall 2024 Goals: 20 rebates and 1 grant. ○ ReEnergize 2024 goal: CORE aims for 5-10 leads that result in 5 projects through ReEnergize Energy County. ● Customer Service Improvements: CORE can improve its program design and delivery in order to increase its impact. A Building Performance Hub (BPH) is a national best practice for how an organization can comprehensively serve a community by advising on energy performance in buildings. CORE staff, supported by national experts, will enact customer service improvements to elevate its current services to the BPH model, integrating improvements by December 31, 2024. ● Community Engagement: CORE attracts new leads and re-engages past leads and past participants in order to intake those leads into CORE’s energy advising services to ultimately convert the leads to completed projects. ● Fundraising: CORE pursues funding from foundations, philanthropic donors, and state and national grant programs in order to multiply the funding from local partners like Eagle County, so that CORE can grow its GHG impact. ● Administrative Overhead: This funding allows CORE to operate as an effective organization. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 3 Reporting Quarterly reports will be provided to Eagle County by the 14th of the month following the end of each quarter. Quarterly reports will include: ● Customer service improvement milestones ● Energy assessments performed ● Assessments converted to grant or rebate projects. ● GHG savings from quick fixes during assessments ● Rebates awarded and estimated GHG savings ● Grant projects completed and estimated GHG savings ● Summary of activities and outcomes associated with community engagement. A year-end report will be provided to Eagle County by January 30, 2025 and will include: ● Cumulative summary of the items reported on in previous quarters, plus quarter 4. ● Evaluation of program effectiveness. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 4 CORE 2024 Program Plan for Rebate, Grants and Assessments Energy Assessments ● Residential: $100 participant co-pay for all participants. ● Commercial/Multifamily: Free CORE site visits / Level 1 assessments. Residential Rebates (single family homes, or individual units in a multifamily building) (for projects in existing buildings, unless otherwise noted) Project Types (full project criteria in Appendix): ● Space Heating, Water Heating, Snowmelt and Ventilation ○ Adding or improving control systems, such as ■ Replacing constant-temperature thermostats on a fossil fuel (natural gas, propane) heating system with a smart or programmable thermostats ■ Changing the supply temp of a boiler or water heater based on outdoor temperature (“outdoor temperature reset”) ■ Replacing a constant-speed motor or pump with a variable speed replacement ■ Adding or improving a Building Automation Systems (BAS), aka Building Management Systems (BMS) ■ Recommissioning existing systems ■ Tune-ups on existing systems ○ Installing a heat pump for space heating, water heating or snowmelt, when switching from fossil fuel or electric resistance (electric baseboard, electric tank) ■ Design costs and electrical capacity upgrade costs associated with a completed heat pump project will be included in the project cost used to determine the rebate. ○ Replacing an existing fossil-fuel-heated ventilation system with a heat-recovery or heat pump ventilation system ● Insulation and Air Sealing (roofs, attics, walls, crawlspaces, floors, pipes, ducts, etc) ● Design Assistance and Commissioning (Major renovations or new construction. Pre- approval is required.) ○ Energy modeling ○ Engineering design peer review ○ Commissioning when not required by code Participant Type Rebate Amount Standard 50% of project cost up to $7,500 CPP (definition in Appendix) 50% of project cost up to $15,000 DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 5 ● New Construction: All-electric individual homes without natural gas lines, which use heat pump technology for all space heating and water heating, and which use heat recovery technology for fresh air ventilation. Rebates can be requested once final construction design documents (“100% CD’s”) are provided to CORE. If the building code prohibits natural gas, then no rebate will be provided. ● Custom Rebates (will be considered, at the discretion of CORE staff, for projects that do not fall within the project types above, but do produce meaningful energy savings) Commercial and Multifamily Rebates (for projects in existing buildings, unless otherwise noted) (Multifamily definition: 4+ units in a building. A Multifamily project must be in the common area of the building, or in every unit of the building) Project Types (full project criteria in Appendix): ● Space Heating, Water Heating, Snowmelt and Ventilation (occupant and cooking) ○ Adding or improving control systems, such as ■ Replacing constant-temperature thermostats on a fossil fuel heating system with a smart or programmable thermostats (a majority of all thermostats in the building must be replaced) ■ Changing the supply temp of a boiler or water heater based on outdoor temperature (“outdoor temperature reset”) ■ Demand controlled ventilation ■ Replacing a constant-speed motor or pump with a variable speed replacement ■ Adding or improving a Building Automation Systems (BAS), aka Building Management Systems (BMS) ■ Recommissioning ■ Tune-ups on existing systems ○ Installing a heat pump for space heating, water heating or snowmelt, when switching from fossil fuel (natural gas, propane) or electric resistance (electric baseboard, electric tank) ■ Design costs and electrical capacity upgrade costs associated with a completed heat pump project will be included in the project cost used to determine the rebate. ○ Replacing an existing fossil-fuel-heated ventilation system with a heat-recovery or heat pump ventilation system ● Insulation and Air Sealing (roofs, attics, walls, crawlspaces, pipes, ducts, etc) ● Appliances and Cooking Participant Type Rebate Amount Standard 50% of project cost up to $15,000 CPP (definition in Appendix) 50% of project cost up to $30,000 DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 6 ○ Heat pump clothes dryers replacing natural gas clothes dryers. Commercial or multifamily common area only. ○ Commercial induction cooktop/stove replacing natural gas cooktop/stove. Commercial only. ● Level II or III Energy Audits (pre-approval is required) ● Design Assistance and Commissioning (Major renovations or new construction. Pre- approval is required.) ○ Energy modeling ○ Engineering design peer review ○ Commissioning when not required by code ● Custom Rebates (will be considered, at the discretion of CORE staff, for projects that do not fall within the project types above, but do produce meaningful energy savings) Grants ● Commercial and Multifamily applicants only ● Implementation projects only (design work is served by the rebate program) ● Energy efficiency and building electrification projects in existing buildings are the focus of CORE’s grant program, but applications for new construction will be considered. ● Grant awards can be up to $200,000 ○ Below $50,000: At the discretion of CORE staff to award. ○ Above $50,000: CORE staff bring recommendations to the Programs and Services Committee to approve. ● Applications will be accepted on a rolling basis. ● CORE will work with potential applicants to estimate the greenhouse gas impact of a project, before an application is submitted. In some cases, there may be a cost to the applicant associated with that analysis, and that cost can be partially mitigated by the CORE design assistance rebate. ● Grants are intended for larger, longer, or more impactful projects, where rebates are not enough, and grants are a difference maker. ● Grants cannot be awarded to projects already completed. ● Any aspect of CORE’s grant program may be changed at any time, while CORE staff will attempt to make changes at the start of a new quarter. Rebates are subject to change and/or discontinuation without notice. Funding is limited. ● Evaluation criteria: Applications will be evaluated based on the following criteria and scoring. The higher an application’s score, the more likely a grant will be awarded and the more likely it will be awarded at the amount requested. Applications with a score of 6 or below will automatically not be awarded a grant. ○ Greenhouse gas emissions reduction or prevention ■ Scoring: 0, 1, 3 or 5 ○ Likelihood the applicant will complete the project on time, at a maximum of 18 months after the application date. ■ Scoring: 0, 1, 3 or 5 ○ Potential for replication (for CORE to learn from it to guide other participants to do similar projects; potential for a case study) DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 7 ■ Scoring: 0, 1 or 2 ○ Community and social benefits, with a score of 2 for applicants that are CPP (defined in Appendix) ■ Scoring: 0 or 2 ○ Influence a CORE grant would have on the project moving forward or not, with a project design that CORE views favorably ■ Scoring: 0, 1 or 2 Appendix CPP (“Community Priority Participants”) criteria: ● Childcare facility or Childcare facility staff ○ Qualification ■ Facilities: case by case basis ■ Staff: a recent pay stub ● School facility or School staff ○ Qualification ■ Facilities: case by case basis ■ Staff: a recent pay stub ● Nonprofit facility of Nonprofit staff ○ Facilities: case by case basis ○ Staff: a recent pay stub ● Local government facility or Local government staff ○ Facilities: case by case basis ○ Staff: a recent pay stub ● Veteran or Active Military ○ Qualification: Drivers license or Military ID ● First responder facility of First responder staff ○ Facilities: case by case basis ○ Staff: a recent pay stub ● All APCHA and TOSV Housing households and multifamily buildings. ○ Exception: APCHA Resident Owned (RO) category households must demonstrate an income of 150% of county AMI or lower.* ○ APCHA Qualification: Screenshot and a piece of mail addressed to the same address and the applicants’ name(s). ○ TOSV Qualification: TBD ● Other workforce housing residents and multifamily buildings ○ An individual home/condo with an enforceable commitment to house workforce for employers within the county. ○ A multifamily building with an enforceable commitment for 50% or more of units to house workforce for employers within the county. ○ Qualification on a case by case basis ● Other income qualified residents and multifamily buildings ○ An individual home/condo occupied by residents with an income of 150% of county AMI or lower.* ○ A multifamily building with 50% or more of units occupied by households with an income of 150% of county AMI or lower.* ○ Qualification on a case by case basis ● Building Performance Contractors DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 8 ● *Income reported to CORE in a signed statement from the residents’ employer(s), or through the most recent year tax return for self-employed individuals. Additional Project-Specific Rebate Criteria (applies to all building types, unless otherwise noted): ● Heat pump space heating ○ Criteria ■ Must be used for space heating, and must be the primary heating source. May be used for space cooling. ■ Outside unit must be elevated at least 12 inches off the ground to defrost properly ■ Recommended: load calculation to right size heat pump system and derate for high elevation ■ Unit must be rated for cold climate (-5° or lower heating capability) ■ Must have electrical upgrade quote ○ Heat pump efficiency rating ■ Ducted heat pump ● HSPF2 - 8.1 or higher ● COP @ 5° = 1.75 or higher ■ Ductless mini-split heat pump ● HSPF2 - 9.5 or higher ● COP @ 5° = 1.75 or higher ■ Variable Refrigerant Flow (VRF) ● EER 10 or higher ● COP 2 or higher ■ Packaged heat pumps (Roof Top Units etc.) ● 13.4 SEER2 (14 SEER) or higher -- A/C component ● 6.7 HSPF2 (8 HSPF) or higher -- heating component ● 3.3 COP at 47 degrees dB (dry bulb) ● 2.05 COP at 15 degrees dB ■ Case by case basis ● Air-to-water heat pumps ● Ground source heat pumps ● PTACs / VTACs ● Heat pump water heating ○ Energy-Star certified with heat pump technology https://www.energystar.gov/productfinder/product/certified-water-heaters/results ● Recomissionioning ○ The contractor's report and proof of implementing recommendations must be provided ● Major insulation improvements ○ For roof or siding replacements, rebate amounts will be based on the project cost specific to insulation and air sealing improvements that exceed any levels required to receive a permit for the project. Rebate amounts will not be based on the overall project cost for the roof or siding replacement. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 9 ○ Must reach the following R-values/details: ■ Exterior Wall: Insulate exterior/foundation walls to minimum R-19 ■ Attic: Insulate floor of unfinished attic to minimum R-60 ■ Floor: Insulate floor of living space above garage/unconditioned crawlspace to min R-30 ■ Crawlspace wall: to minimum R-19 ○ For residential projects, an energy assessment is required before project is started ● Major air sealing improvements ○ For residential and multifamily projects: ■ An energy assessment is required before the project is started ■ A post-project blower door test is required. CORE can connect you with a contractor for the blower door test. ■ Air leakage must be reduced by 10% or more as measured in CFM50 by blower door test. ■ Post-project Natural Air Changes per Hour (NACH) must not be lower than 0.35. If lower, a mechanical ventilation system must be in place. ○ For commercial projects: a mechanical ventilation system must be in place. ○ Radon testing is recommended before project design. ○ Duct insulation and air sealing ■ Required ● Repair any damaged and disconnected ducts and straighten out flexible ducts that are tangled or crushed ● Seal all leaks and connections with mastic, metal tape, or an aerosol-based sealant ● Seal all registers and grills tightly to the ducts ● Before and after CFM measurements for ducts required ● Insulate ducts to R-6 or higher in unconditioned areas (attics/crawlspaces/garages) ■ Recommended ● Evaluate your system's supply & return air balance, to ensure air return ducts are not too small ● Replace filters at completion of any duct system improvement ● If you have natural gas appliances, ensure there is no back drafting by getting a CAZ (combustion appliance zone) safety test after ducts are sealed ● Heat pump clothes dryers replacing natural gas clothes dryers (commercial or multifamily only) ○ Energy-Star certified dryer with heat pump technology ■ https://www.energystar.gov/productfinder/product/certified-clothes- dryers/results ● Energy modeling or engineering peer review ○ Pre Approval by CORE required ○ Report must be shared with CORE DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 10 General Rebate Criteria ● Any aspect of CORE rebates may be changed at any time, while CORE staff will attempt to make changes at the start of a new quarter. Rebates are subject to change and/or discontinuation without notice. Funding is limited. Applications will be accepted on a first come, first served basis. ● Total project cost definition ○ Total project cost is considered to be all reasonable* costs associated with an eligible project. Tax, travel, mileage and permit expenses may be considered to be included in the project total cost, at CORE staff’s discretion. *At CORE staff’s discretion ■ For example, drywall and painting costs associated with replacing baseboard heat with a wall-hung heat pump would be included in the total project cost. ○ Electric capacity upgrade costs as part of projects are considered to be a cost included within the electrification or efficiency project; the capacity upgrade cost is not considered a separate project. ● For permitted projects, all rebates are only for the project scope and costs beyond the code requirements. ● Detailed invoices and receipts for purchases and work performed must be furnished. ● Rebate application and associated receipts and invoices must be received no later than 90 days from date of purchase or documented completion of project. ● Rebate checks will be distributed within 4-6 weeks of receiving the completed rebate application. ● Rebated equipment must be installed prior to applying for a rebate. CORE reserves the right to inspect the installation premises. ● CORE is not liable or responsible for any act or omission of any party, consumer, or contractor whatsoever. ● CORE reserves the right to refuse payment and participation if the consumer or contractor violates program rules and procedures. ● CORE is not liable for rebates promised to consumers because of a contractor misrepresenting the program. ● Equipment must meet the technical requirements listed in the application forms. CORE reserves the right to withhold payment for products that do not meet the requirements. ● Rebates will be awarded based on fair and reasonable price of equipment and labor. CORE reserves the right to adjust rebate based on a price that is commensurate with the extent and complexity of the services/equipment to be provided and is comparable to the price paid by entities for projects of similar scope and complexity. ● Gas/Electric utility account(s) name and number and consent form to provide CORE with usage data for 12 months prior to the project completion date and continuously ongoing into the future is required. ● Rebates may be assigned to the contractor completing the project, and this credit must be shown on the invoice. DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 11 DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 11 Eagle County General Services Final 8/15/2022 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5 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 1/31/2024 (970) 384-8339 (970) 945-6027 18058 Community Office for Resource Efficiency PO BOX 2449 Basalt, CO 81621 41190 A 1,000,000 X PHPK2533291 3/21/2023 3/21/2024 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A PHPK2533291 3/21/2023 3/21/2024 B 4112735 4/1/2022 9/30/2022 500,000 500,000 500,000 A BPP PHPK2533291 3/21/2023 3/21/2024 50,000 Certificate Holder is Additional Insured in regards to General Liability and ongoing operations of the insured as required by written contract. Eagle County Government PO Box 850 Eagle, CO 81631 COMMOFF-01 HPENA GIA Group, LLC 1605 Grand Avenue Suite K Glenwood Springs, CO 81601 Leila White, AFIS leila.white@glenwoodins.com Philadelphia Insurance Companies Pinnacol Assurance 2 X X X X X X X DocuSign Envelope ID: 09697AB7-F4D7-4C70-9242-16DCF14727D5