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HomeMy WebLinkAboutbocc.con.211.2016 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING A DESIGN ASSISTANCE GRANT FROM THE RENEWABLE ENGERGY MITIGATION PROGRAM FROM THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY CONTRACT# 9-i RESOLUTION NO. e'(9--- 2016 (, 4e ) 1. On January 15, 2016 the Community Office for Resource Efficiency(CORE) Board of Trustees awarded a$12,000 Design Assistance Grant to Pitkin County. 2. This Grant is to be used in match to Pitkin County funds to perform a solar feasibility study evaluating Pitkin County's use of electricity and potential for mitigation of that use using solar energy by either rooftop installation or with a solar farm. • 3. Grantor herby agrees to provide Grantee with a a Design Assistance Grant in the amount not to exceed $12,000 in support of the Pitkin County Solar Feasibility Study, which will be matched in kind by Pitkin County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: Pitkin County accepts by resolution the CORE Design Assistance Grant in the amount of $12,000 awarded on January 15, 2016. INTRODUCED AND FIRST READ ON THE 7 DAY OF /P•a-0 v , 2016 AND SET FO ECOND READING AND PUBLIC HEARING ON THS -Y�DAY OF &r 2016. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUT N PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE // DAY OF �.- rv4_ 2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL/A�TKIN COUNTY WEBSITE (ww w.pitkincounty.com) ON THE /p-klDAY OF I C- rear 2016. ADOPTED FTER FINAL READING AND PUBLIC HEARING ON THE DAY OF asec r 2016. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 3 DAY OF a_r , 2016. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUI ITY WEBSITE(www.pitkincounty.com) ON THE a.6 DAY OF - rec`rir, 2016. 1 ATTEST: BOARD OF COUNTY COMMISSIONERS / t By / / :/ , u-�- By: ,/ I A Je. Pette Jones / hel E. Ric �. - C� D: uty County Cle Da -: p_ APPROVED AS TO FORM: MANAGER APPROVAL �--� John Ely, Co Orney on P cock, County Manager 2 c _.,<4.-,7z.T.,,Ii %. CONTRACT # / ____ Community Office for Resource Efficiency GRANTEE AGREEMENT THIS AGREEMENT dated the 15th day of January,2016 BETWEEN: Community Office for Resource Efficiency PO Box 9707 Aspen,CO 81612 (970)925-9775 "Grantor" -AND- Pitkin County 530 E.Main St., Suite 201 Aspen,CO 81611 "Grantee" CONTENTS 1. 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 CORE Office: 970.925.9775 www.aspencore.org mailto:info@aspencore.org .c'6 rr %0 - Community Office for Resource Efficiency 1. Design Assistance Grant Purpose,Award,and Payment: The Community Office for Resource Efficiency(CORE)awards Design Assistance Grants that serve the purpose of promoting new technology and innovation during the design phase of new building construction. Grantor hereby agrees to provide Grantee with a Design Assistance Grant in an amount not to exceed $12,000 in support of Grantee's performance and completion of the work described,as follows: a. Grantee shall study the feasibility of using these sites as solar farms or simple rooftop applications and vet each scenario based on its own merits. 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,unless prior arrangements have been made. At no time may the Grantee assign Grant funds for 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 shall provide a Statement affirming its tax 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 to describe 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 Form allowing Grantor access to Grantee's utility bills for the facility benefited by this Grant award for two years prior and two years post the completion of work contemplated under this Agreement. Data access will allow the Grantor to track energy savings associated with the Grant funded project. 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 project is available for Grantor's inspection and verification. CORE Office: 970.925.9775 www.aspencore.org mailto:info@aspencore.org c4,0RE• Community Office for Resource Efficiency 3. Conditions: a. Published and On-Site Acknowledgements—Grantee shall recognize this Green Key Grant award and CORE's support in all published materials associated with the subject project(i.e. press releases, annual reports or pamphlets). Grantee shall display an on-site acknowledgement of the systems installed and benefited by this Grant award and CORE's support of the project. b. Prohibition on Use of Funds for Political Purposes—Grantee is prohibited from using Green Key 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. c. Non-Discriminatory Employment Practices--Grantee shall ensure these practices are advertised and implemented by all staff involved in the project. d. Indemnification—The Grantee hereby indemnifies and holds harmless 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 performed by the Grantee hereunder. 4. Grant Term and Extension The Green Key Grant awarded pursuant to this Agreement shall remain in effect until January 12,2017. If the project 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 January 12,2017,the Grantee may submit an extension request to Grantor. Grantee is required to deliver such request to Grantor by October 1,2016. 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 own performance 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 other legal 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 come to fmal 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 compliance with this Agreement rests with the Grantee,and further agrees that noncompliance with this Agreement shall be adequate cause for the rescission,suspension or CORE Office: 970.925.9775 www.aspencore.org mailto:info@aspencore.org CvtiPRE Community Office for Resource Efficiency termination of funding under this 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 Grantee to 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 for this project,to all facts, acts,events,circumstances,changes and the like which may occur as a result of the performance of the work under this agreement. I,the undersigned also understand that we may start the project prior to executing this contract at the grantee's risk. If the project is started prior to execution of this agreement this will not jeopardize the Grant funding as long as the project is completed within the Grant Term,and meets all other specifications outlined in the Grant agreement,and as may be provided for in the final written notice of approval from the Community Office for Resource Efficiency.The project will be required to meet all work plan and schedule requirements of the Grant. In addition to the above, I the undersigned further agree to strictly comply with the Work Plan schedule and acknowledge that noncompliance with 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. 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 delivered as of the day and year first above written. Community Office for Resource Efficiency Pitkin County Mona Newton RAcko , Signature: -/) Z Signature. ' 1 Title: Executive Director Title: / tii-� l` r CORE Office: 970.925.9775 www.aspencore.org mailto:info@aspencore.org