Loading...
HomeMy WebLinkAboutbocc.con.066.24Bocc.con.066.24 1 PITKIN COUNTY FUNDING AWARD COMMUNITY OFFICE FOR RESOURCE EFFICIENCY, 2024 This Grant is made as of the date last below signed between Pitkin County, herein referred to as “County”, and the Community Office for Resource Efficiency, hereafter referred to as “Agency” or “CORE”. Whereas, CORE, a private non-profit agency, serves the community by leading the Roaring Fork Valley to a carbon-free, net zero energy future and whereas Pitkin County wishes to award a grant for the provision of these community services. 1. Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of the Agreement, the term of this Agreement shall continue from January 1, 2024, to December 31, 2024, subject to budget appropriation and compliance with contract obligations. In the event that the scope of work has not been completed prior to the initial expiration of this Agreement, the term may be extended by a mutually signed Amendment. 2. Agency Obligations: Agency shall: a) Strictly adhere to all applicable Federal, State and Local laws or regulations that have been or may hereafter be established. f) Hold and maintain for the term hereof the necessary licenses(s) as specified under State law, which permits the performance of the service(s) to be provided herein. g) Maintain an affordable sliding-fee scale schedule for its services in order to accommodate low-income individuals. h) Be responsible for the performance of any subcontractor. i) Maintain written requirements for safeguarding client information and comply with the same. j) Maintain service program records, fiscal records, documentation and other records relevant to this Grant for the duration of the grant plus six years. The above shall be subject at all reasonable times to inspections, review or audit by Federal, State or County personnel, and other persons authorized in writing by the County. k) Use the grant funds for the execution of the Scope of Work, as attached to this agreement as Attachment A. l) Provide semi-annual Performance Measure reports and Financial Reports in accordance with the approved Scope of Work (Attachment A). The reports will include Agency’s annual goals and actual results year-to-date, as well as an explanation of any variances to the scope of work. m) Provide an update to Pitkin County staff on or before September 30 of the current grant year which includes qualitative updates. n) Deliver two presentations to the Pitkin County Board of County Commissioners each grant year. i. The first presentation, a mid-year progress update, should be completed before the last day of June. ii. The second presentation, a year-end update, should be completed before December 31st. Bocc.con.066.24 2 o) Agency shall manage the supplied grant funds responsibly and measurably to ensure that the mission, goals, and outcomes hereto listed are met to the satisfaction of the granting agency. Failure to report on requested outcomes outlined in the application, mid-year report, and year-end report may result in forfeiture of grant funds. 3. Pitkin County’s Obligations: a) County agrees to grant $850,000 to CORE as approved in the County’s annual budget, which was approved by the Board of County Commissioners. b) In 2024, the County will pay 75% ($637,500) of the total amount on or before March 31st and will pay the remaining 25% ($212,500) on or before October 31st contingent on the submission and approval of the mid-year report. 4. General Provisions a. The Parties to this Grant intend that the relationship between them contemplated by the Grant is that of independent agency. No agent, employee, or servant Agency will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of the Grant. b. Payment pursuant to the Grant, if in County, State or Federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability and appropriation of County funds for the purpose thereof. c. This Grant constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Agency understands that no County official or employee, other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a Grant or to modify the terms of this Grant on behalf of the County. Any such Grant or modification to this Grant must be in writing and be executed by the parties hereto. 5. Default/Cancellation. If Agency shall default in the performance of Agency’s Obligations pursuant to the terms of this Agreement, and/or fails to provide an accounting or use or appropriation of monies granted in the manner in which such accounting was represented to the County, Agency shall have the right to cure said default after written notice by the County of the default to Agency. If Agency fails to cure such default within sixty (60) days after written notice is given from the County to Agency specifying the nature of such default (or if such default cannot be cured within the aforesaid period of time, if the Agency shall fail to promptly commence to cure the same and to thereafter diligently proceed with such cure), County shall reserve the right to cancel this Agreement and make a demand for the return of all monies that County determines, at its sole discretion, were not appropriated in accordance with this Agreement. Written notice Bocc.con.066.24 3 of default and cancellation shall be made to Agency by first class mail, postage prepaid and by certified mail, return receipt requested, to the following address: John Dougherty CORE 111 Airport Business Center, Suite M Aspen, CO 81611 6. Entire Agreement: This Agreement constitutes the full and complete Agreement of the parties hereto and shall not be modified except by a written agreement signed by the parties. Bocc.con.066.24 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PITKIN COUNTY, COLORADO By: ____________________________________________________________ Ashley C. Perl Date Community Resiliency Manager By: ____________________________________________________________ Jon Peacock Date County Manager Community Office for Resource Efficiency (CORE) By: ____________________________________________________________ John Dougherty Date Executive Director Jan-16-2024 Jan-16-2024 Jan-23-2024 Certificate Of Completion Envelope Id: 894E24BD5510422C8FCA471ADD2756B2 Status: Completed Subject: CORE | Pitkin County Grant Contract 066.24 for Review and Signature Source Envelope: Document Pages: 4 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 216.147.123.154 Record Tracking Status: Original 1/16/2024 10:43:35 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Ashley Perl ashley.perl@pitkincounty.com Community Resiliency Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/16/2024 10:46:15 AM Viewed: 1/16/2024 1:30:40 PM Signed: 1/16/2024 1:34:00 PM Electronic Record and Signature Disclosure: Accepted: 1/23/2024 11:57:44 AM ID: ebc305c1-aef1-4194-8edd-539f6b110c73 Company Name: Pitkin County, Colorado Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Sent: 1/16/2024 1:34:02 PM Viewed: 1/16/2024 3:08:07 PM Signed: 1/16/2024 3:09:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign John Dougherty ceo@aspencore.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.95.153.86 Sent: 1/16/2024 3:09:11 PM Resent: 1/23/2024 11:43:53 AM Viewed: 1/23/2024 7:22:35 PM Signed: 1/23/2024 7:24:21 PM Electronic Record and Signature Disclosure: Accepted: 1/23/2024 7:22:35 PM ID: 79e330ae-d1e7-4159-9695-6c4b66165ee9 Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Michael Port michael.port@pitkincounty.com Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/23/2024 7:24:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/23/2024 7:24:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/23/2024 7:24:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/16/2024 10:46:15 AM Envelope Updated Security Checked 1/23/2024 11:43:52 AM Certified Delivered Security Checked 1/23/2024 7:22:35 PM Signing Complete Security Checked 1/23/2024 7:24:21 PM Completed Security Checked 1/23/2024 7:24:23 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Ashley Perl, John Dougherty Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.