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HomeMy WebLinkAboutbocc.con.264.2015 �usoto(iot( t- 9 /5 CONTRACT IOC y-)-0/6- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING THE DESIGN ASSISTANCE GRANT OFFER FROM THE COMMUNITY OFFICE FOR RESOURCE EFFIICENCY Recitals: 1. On February 15,2015 the Community Office for Resource Efficiency (CORE)Board of Trustees awarded a$9,927.50 (not to exceed 50% of costs incurred)Design Assistant Grant. This grant is in support of Grantee's performance and completion of the work for the remodel of the existing 31,000 sf, Pitkin County Library, as well as a new 4,500 sf. library addition. 2. The Community Office for Resource Efficiency(CORE) awards Design Assistant Grants to support projects that result in significant measurable reductions of greenhouse gas emissions, foster clean energy generation and improvements in energy efficiency, and support the economic and environmental vitality of the region. 3. Grantor hereby agrees to provide Grantee with a Design Assistance Grant in an amount not to exceed $9,927.50 (not to exceed 50% of costs incurred) in support of Grantee's performance and completion of the work described, as follows: a. Energy Modeling to evaluate system design options for potential inclusion in the Pitkin County Library Addition and Renovation Project. i. Design options will be evaluated in terms of overall energy use, operational costs, and upfront costs. ii. A baseline energy model will be created for the existing and proposed-building elements, and upgrade options for roof insulation, a green roof, • HVAC systems, day lighting controls, and lighting systems will be evaluated. iii. A final report will present design recommendations based upon a comparative analysis of the `baseline' versus `upgraded' design options relative to energy use, energy cost, water use, and carbon emissions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: The Board accepts by resolution the CORE Design Assistance Grant in the amount of$9,927.50 awarded on Februarrtg5-2-94-5. - 4prc ( IN RODUCED, FIRST READ,AND SET FOR PUBLIC HEARING ON THE 0 OF 2015. 1 � NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMAR OF THE .61 RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON p,( q , 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POST D ON T OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE/ TAY OF Zvi ( , 2015. AD PTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF �� , 2015. PUBLISHED BY TITLE AND SHORT SUMMARY,#FTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF y i / , 2015. ATTES' : BOARD OF COUNTY COMMISSIONERS By\. .41/I_.�JI By: S ,rn,�,, 1,i Jea i-tte Jones / Steven F.Child, Chairman De buty County Clerk Date: if- -,2-2e/5- APPROVED f. -,2-2drsAPPROVED AS TO FORM: MANAGER APPROVAL ohn El runty Attorney Jon Peacock, County Manager 21 CONTRACT#1 .V/3 GRANTEE AGREEMENT THIS AGREEMENT dated the p day of ,2014 BETWEEN: Community.Office for Resource.Efficiency PO Box 9707 Aspen,CO.81612 (970)544:9808 "Grantor" . AND Pitkin County Library. . 120 North.Mill Street Aspen,CO 81611 (970)920-5396 "Grantee" CONTENTS I. Design Assistance..Grant Purpose,Award,and Payment 2: Document Submittal.Requirements 3. Conditions 4. Grant Term and Extension = 5. Performance of Work,Grant Modifications,and Termination Aspen:970.544.9808 - Energy Smart Resource Center:970..925:9775 Carbondale:970.963.1090 1. Design Assistance Grant Purpose,Award,and Payment: The Community Office for Resource Efficiency(CORE)awards Design Assistance Grants to support projects that result in significant measurable reductions of greenhouse gas emissions,foster clean energy generation and improvements in energy efficiency,and support the economic and environmental vitality of the region. Grantor hereby agrees to provide Grantee with a Design.Assistance Grant in the amount of$9,927.50(not to exceed 50%0 of costs incurred) in support of Grantee's performance and completion of the work described,as follows: a. Energy Modeling to evaluate system design options for potential inclusion in the Pitkin County Library Addition and Renovation Project. i. 'Design options will be evaluated in terms of overall.energy use,operational costs,and upfront costs. ii. A baseline energy model will be created for the existing and prOposed building a einen ts, and upgrade options for roof insulation,a green roof,HVAC systems,daylighting_ controls,and lighting systems will be evaluated. A•final report will present design recommendations based upon a comparative analysis of the`baseline' versus `upgraded' design options relative to energyuse,energycost,water - - use,and carbon emissions. : In order to receive payment,the Grantee shall be required to submit all required documentation and - - copies of paid invoices to Grantor.:In the absence of such documentation,the Grantor reserves the right to withhold payment until these conditions are satisfied: Grant funds may only be paid to the Grantee. The total disbursement of funds under this Agreement may be less than the not to exceed amount of - I $9,927.50,subject to Grantee's receipt of updated bid pricing,or actual project expenditures,as verified by paid invoices submitted by Grantee. At no time may.the Grantee assign:Grant funds forr any other purpose or to any other party or other group without the written consent of Grantor. 2. Document Submittal Requirements: a. Tax Status Documentation—Grantee shallrovide a Statement affirmingits tax P status as set forth in its determination letter from the IRS and further,pledges to notify the Grantor if there is a change in this tax status. b. Budget=Grantee Shall.submit a detailed project budget toIdescribe how Grant funds provided under this Agreement are to be used, including expenditures for labor, materials and other project costs. c. Work Plan—Grantee shall provide a detailed project work plan and timeline for completion, including project start and end dates. d. utility Data Release Form-Grantee shall submit a completed and signed Utility Data Release.Forin allowing Grantor access to Grantee's:utility bills for the facility_ benefited by this Grant award for two years post.the completion and occupancy of the Pitkin County Library Addition and Renovation Project. Data access-Will allow the II Grantor to track energy performance and savings associated with the Grant funded project. . Aspen:970.544.9808 Energy Smart Resource Center:970.925.9775 Carbondale:970.963.1090 . • e. Work Completion Report-Prior to receiving any disbursement of funds awarded under this Agreement,the Grantee shall submit a Work Completion Report. The report shall describe the work completed and total expenditures associated with the project. The report shall identify'any`lessons learned' and/or any ancillary benefits or complications'associated with the project. This report shall also serve as notice to: Grantor that the completed work is available for Grantor's review and verification. 3. Conditions: . • a. Published Acknowledgements.-Grantee shall acknowledge this Design Assistance Grant t and CORE's support in all published materials pertaining to the subject project;including,-but not limited to,printed materials(i.e,annual reports, pamphlets,newsletters,etc...),the Grantee's website,Grantee's social media,press releases and other press coverage. b. On-Site Acknowledgements—Upon completion of the Pitkin.County Library Addition and Renovation Project,Grantee shall install signage at the project site acknowledging that the project was made possible with.support from the Community Office for Resource Effciency,through the Renewable Energy Mitigation Program. Such signage shall include the CORE logo graphic,which shall be provided in an appropriate digital format by CORE upon Grantee's request. c. Project Documentation—Grantee shall provide a final copy of the completed energy modeling report:and all supporting analysis,as well as photo documentation of the completed project(if constructed),through still photography and videography (videographic documentation shall-be optional). d. Prohibition on Use of.Funds for Political Purposes-Grantee is prohibited from using Design Assistance Grant proceeds for carrying on political:propaganda and/or influencing the outcome of any specific public election or legislative action; :: including lobbying individual members of the CORE Board of Trustees,the City of Aspen,the Board of County Commissioners,the State of Colorado:and any other governmental entity: e. Non-Discriminatory Employment-Practices--Grantee:shall ensure these:practices are advertised and implemented by all staff involved in the project f Indemnification—The Grantee hereby indemnifies and holdsharmless the Grantor against any and all claims,demands,suits;and judgments of sums of money to any party resulting from,or by reason of any negligent act or omission,operation or work of the:Grantee,his agents,servants,or employees while engaged upon or in connection with services required or performedbythe'Grantee hereunder. 4. Grant Term and Extension The Design Assistance Grant awarded pursuant to this Agreement shall remain in effect until December 31,2014.If the work is not completed prior to that date,Grantor reserves the right to rescind the Grant • funds awarded-to Grantee. If the subject project is in progress,but will not be completed until after December 31,2014,the Grantee may submit an extension request to Grantor:.Grantee is required to deliver such request to Grantor by November 1,'2014. Aspen:970.544.9808.. Energy Smart Resource Center:970.925.9775 Carbondale;970.963.1090 • Grantor shall consider unforeseen complications,and other pertinent issues in making a final decision regarding a request to extend the term of the Grant,awarded pursuant to this Agreement. 5. Performance of Work,Grant Modifications,and Termination The Grantee is responsible for their ownperformance regarding activities associated with the use of funds_ awarded under this Grantee.Agreement.If the-Grantee violates this Agreement or any legislation, regulation,statute,rule,or otherlegal requirement applicable to the performance of this Agreement,the Grantor may withhold any disbursement otherwise due to the Grantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise cone to final.resolution. If the violation is not:cured,Grantor may terminate this Agreement,as well as further funding under this Agreement;and Grantee shall reimburse to Grantor all payments disbursed earlier to Grantee,together with any and all accrued interest Grantee agrees that responsibility for compliancewith this Agreement rests with the Grantee,and further. agrees that noncompliance with this Agreement shall be adequate cause for the rescission,suspension or termination of funding underthis Agreement,and may affect its eligibility for funding under future Grantee Agreements. Grantor may modify or terminate this Grant at any time by giving fifteen(15)business days written notice to Grantee. Should the Grantor elect to terminate this Grant,such termination shall not affect"the rights,interests,duties or responsibilities of either of the parties,or any allowable project expenses that have accrued,to.the Grantee as of the date of the notice of termination. Grantor may terminate.this Agreement for the refusal by Granteeto allow public inspection of any records that are made-or received by Grantee in connection with this Agreement:Substantial evidence of Grantee's noncompliance with these requirements shall constitute the nonperformance of a condition under this Agreement,and shall be adequate cause for termination. I,the undersigned,agree to fully comply with all provisions,requirements and recommendations cited above and accept the total approved reimbursement grant amount stated herein as full payment for my participation in this program.I shall also waive,release and relinquish any and all rights,claims, demands, liens,.claims for relief,causes of action and the like;whether arising:at law,under a contract, in tort,in equity-or otherwise,which the:undersigned.has now,may have in the future,arising out of the performance of work in the furnishing of labor and/or materials by the undersigned for this project.This release applies to plans,specifications,notes;instructions, labor and/or materials,and any other matters as used forthisproject,to all facts,acts;events,circumstances,changes and the likewhich may occur as a result of the"performance of the work under this agreement. I,the undersigned also understand that I am not to proceed with my grant project until such timethat the project receives final written notice of approval from the Community Office for Resource Efficiency (CORE): In addition to the above,I the undersigned further agree to strictly comply with the Work Plan schedule and acknowledge that noncompliance to any provision or failure to perform any of the work in the allocated completion time for any reason can be grounds for termination of this agreement and rejection for reimbursement for any and all parts of the work. 'This agreement represents the entire understanding between Grantor and Grantee and supersedes all prior writings and understandings. Aspen:970.544.9.808 Energy Smart Resource Center:970.925.9775 . Carbondale:970.963.1090 WITNESS WHEREOF,the Grantor and the Grantee,each acting through its duly authorized representatives,have caused this Agreement to be signed in their names and deliveredasof the day and year first above written: Community Office for Resource Efficiency Pitkin County Library Mona Newton Jodi Smith Signature: 411PA/Z . v v _ TitliTttkALZrT Title: / //c =:. i/q/ f-2-0ch ms �. , d f le: ehMr • Aspen:970.544.9808: Energy Smart Resource Center:970.925.9775 Carbondale:970.963.1090