HomeMy WebLinkAboutresolution.council.003-24RESOLUTION #003
(Series of 2024)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AUTHORIZING
THE EXPENDITURE OF FUNDS GENERATED THROUGH THE
RENEWABLE ENERGY MITIGATION PROGRAM AND APPROVING A
CONTRACT BETWEEN THE CITY OF ASPEN AND THE COMMUNITY
OFFICE FOR RESOURCE EFFICIENCY (CORE) AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO,
WHEREAS, on° �e�ember 13, 1999, the City Council approved Ordinance
=k
No. 55 Adopting the Aspen/Pitkin Energy Conservation Code; and
UVI�REAS, the Aspen/Pitkin Energy Conservation Code allows that funds
collected through the Renewable Energy Mitigation Program (REMP) be spent in
accordance with a resolution passed by the Aspen City Council; and
WHEREAS, the City of Aspen has set science -based targets for the
reductin of greenhouse gas emissi
oons by 63 % by 2030 and 100% by 205 0;
WHEREAS; the Community Office for Resource Efficiency (CORE) uses
REMP funds to support City Council's greenhouse gas emissions reduction goals
through the delivery of programs, tools, and services; and
V�REAS, the specific funding amounts total $1,150,000 and are assigned
as detailed in the scopes of work; and
WHEREAS, the City Council of the City of Aspen finds that the funding
requests are appropriate; and
WHEREAS, there has been submitted to the City Council a contract for
foundational programming and Building IQ support, between the City of Aspen
and CORE, a true and accurate copy of which is attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL UPIHE
CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
professional services between the City of Aspen and CORE, a copy of which is
annexed hereto and incorporated herein and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9" day of January, 2024.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, January 9, 2024.
Nicole Henning, City G�erk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
Y CIF ASPEN
City of Aspen Contract No.: 2023-456
AGREEMENT made this 12th of December, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Community Office for Resource Efficiency
(CORE)
c/o John Dougherty
PO Box 2449 and 129 Emma Road Unit B
Basalt, CO 81621
970-925-9775
ceogaspencore.org
For the Following Project:
Contract Amount:
Total: $1,150,000
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
untiI it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: January 9, 2024
Resolution No.: 2024-003
CORE — 2024 Foundational Programming and Building IQ Support
Exhibits appended and made a part of this Agreement:
Exhibit A:
Exhibit B:
Scope of Worlc.
Fee Schedule.
The City and Professional agree as set forth below.
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1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 31, 2024. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
o fees shall be earned after the effective date of the termination. Upon any termi
nation, ination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
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relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
For an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
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other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
ail premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1, 000, 000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City'(z
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
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prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f j City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein maybe hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
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employment -related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
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Cl) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
l . Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. ideration, or otherwise recover, the value of Deduct from the contract price or cons
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provion.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Piticin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
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21. Successors and Assigns. This Agreement and an of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon
or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
23. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's
fees.
24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Re ag rdin>; Debarment, Suspension, Ineli ig bility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
27. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF A 01 ,,ORADO: PROFESSIONAL:
(�Arx a. L17811T, 56t
OCUSigned by:
9nadn21AEFIO42R Vb
wfiof
[Signature] 4 92 '[Signature]
Sara �. ott 7ohn Dougherty
By: By:
[Name] [Name]
Title: City Manager Title: Chief Executive office r
1/10/2024 11H11m07 AM PST 12/12/2023 90009035 PM MST
Date: Date:
Approve as to Form:
E
gned by:
�{V WIC:+
City Attorney
General Conditions and Special
of Aspen Website.
Purchasing Aspen, CO
Conditions can be found on City
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Smart energy. Less carbon. More living.
Statement of Work between the City of Aspen Cl"d CORE for work performed M 2024
This Statement of Work is divided into two sections. Section 1 details Foundational Program
Support. Section 2 details Building IQ Implementation.
This Statement of Work ("SOW') is issued as an agreement ("Agreement") between:
the City of Aspen, Climate Action Office ("Client"), located at 427 Rio Grande Place, Aspen
CO, 81611
and
the Community Office for Resource Efficiency (CORE) ("Contractor"), located at 129 Emma
Rd, Unit B, Basalt CO, 81621
This SOW is subject to the terms and conditions contained between the parties and is made
a part thereof. In the event of any conflict or inconsistency between the terms of this SOW
shall govern and prevail. This SOW, effective as of January 1, 2024, is entered into by and
between Contractor and Client, and is subject to the terms and conditions specified below.
The Services shall commence on January 1, 2024, and shall continue through December 31,
2024. A Fee Schedule is established in Exhibit B.
Collaboration Commitments
Contractor will ensure:
• Coordination of strategic and operational guidance and program implementation
in alignment with City %J Aspen Climate Action Office's climate action goals and
regulatory and funding requirements.
• Proactive, open, transparent, and solution -focused communication and
coordination with City of Aspen Climate Action Office staff and collaborative
partners.
• Exploration, evaluation, and recommendations for pursuing strategic
opportunities that optimize the advancement of City of Aspen's Climate Action
goals.
• Actively engaged in continuous quality improvement to facilitate an iterative data -
driven program implementation process.
Client will ensure:
• Timely follow up on requests for information, assistance or approvals.
• Open, transparent and solution -focused engagement in both verbal and written
communications.
• Actively engaged in Continuous Quality Improvement to facilitate an iterative data.
driven program implementation process.
Fulfillment
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Contractor shall have fulfilled its obligations when any one of the following first occurs:
Contractor accomplishes the Contractor activities described within this SOW, including
delivery to Client of the materials listed under the header entitled "Reporting Procedures,"
and Client accepts such activities and materials without unreasonable objections. No
response from Client within five business days of deliverables being delivered by Contractor
is deemed acceptance.
Changes
The following process will be followed if a change to this SOW is required.
• A Project Change Request will be submitted in writing. The PCR must describe the
change, the rationale for the change, and the effect the change will have on the
project.
• Both project managers will review the proposed change and approve it or reject it.
Contractor and Client will mutually agree upon any charges in writing and an
amendment to the initial contract will be implemented and signed by the
Contractor and Client. Contractor will invoice Client for any such charges.
• A written Change Authorization and/or PCR must be signed by both parties to
authorize implementation of the investigated change.
Section 1
Foundational Program Support for Energy Efficiency and Building Electrification
Program Implementation
Energy Programs serve individual residents, multi -family buildings, and commercial
buildings located in Aspen and Pitkin County. Energy advising and financial incentives are
provided to the community by CORE to influence the completion of projects that improve
how energy is used in buildings. The overall intention of this work is to reduce community
greenhouse gas emissions (GHG). Of note, CORE is not continuing its membership
program in 2024. As such, all scopes and costs for foundational services are included in
this Section 1. A detailed scope for Section 1 is included as Table 1.
Funding Summary for Section 1
Develop Building Performance Hub
Energy Advising
Energy Assessments
Grants and Rebates
Multifamily Retrofifi Pilot
Admin /Engagement /Development
Total:
$425,000
$52,500
$170,000
$850,000
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Scope Categry Summaries for Section 1
Develop a Building Performance Hub
CORE recognizes that it can improve energy program design and delivery in order to
increase its impact. The Building Performance Hub (BPH) model is an emerging national
best practice for facilitating meaningful improvements in the energy performance of
buildings in a community. CORE's longstanding history presents the opportunity to elevate
its current services to the BPH model.
Deliverables:
• Launch as a BPH by December 31, 2024
Energy Advising
Bespoke guidance is key to community members ultimately completing energy
improvement projects (additional details in Table 1).
This also includes collaborating with the City of Aspen on programs and projects, serving
as a thought partner and a technical advisor.
Energy Assessments
Free commercial and multifamily energy assessments are conducted and reports are
provided to identify opportunities to improve how businesses use energy.
Subsidized home energy assessments include a visit to the home by a trained energy
analyst, installation of quick fix items, and a report to the participant identifying actions that
can be taken to improve how the home uses energy.
The overall intention of this work is to drive participation in CORE's grant and rebate
programs.
Deliverables:
• Number of assessments completed.
• Ratio of assessments converted to grant or rebate projects.
• Estimated impacts to energy use and GHG from quick fixes during assessments.
Grants and Rebates
Grants will be awarded to participants to incentivize large scale energy projects with large
greenhouse gas savings. Project types include energy efficiency and beneficial
electrification in buildings. A single grant program will be available to individual residents,
multifamily buildings, commercial buildings, and small lodges.
Rebates will be awarded to participants to incentivize completion of energy projects that
reduce greenhouse gas emissions. Project types include energy efficiency and beneficial
electrification in buildings. Rebates will be available for individual residents, multifamily
buildings, commercial buildings, and small lodges.
Deliverables:
• Between $375,000 and $425,000 of total funding awarded to 10 or more
participants.
• Estimated impacts to energy use and GHG emissions.
3
DocuSign Envelope ID: 491D74BEA-13427480A-13505-1 F5580093E66
Multifamily Retrofit Pilot
Improving energy use in workforce multifamily buildings aligns GHG reduction with
improved desirability and affordability of housing. CORE will pilot a program that delivers
multifamily buildings with the resources described previously in this SOW, plus additional
resources to facilitate commitments from buildings to complete energy upgrades in 2025.
Additional resources include funding for the buildings to hire Owner's Representative
services to scope and manage major projects, and bonus rebates/grants for projects.
Deliverables:
• Commitments from buildings to complete energy upgrades in 2025.
Admin /Engagement /Development
CORE requires funding on a percentage basis of the costs for the scopes listed above.
Those are 11 % for administrative overhead, 7% for community engagement, and 7% for
development.
Reporting Procedures for Section 1
Contractor will report on the following, quarterly, for quarters 1-3, provided to Client
by 30 days after each quarter.
• Progress the development of launching as a BPH.
• Promote CORE's grant and rebate programs, through targeted marketing and
outreach.
• Directly contact targeted potential participants and "key stakeholders" including:
o Previous CORE participants and new ones
o New participants
o Developers and general contractors
o Property managers
o Housing authorities
o Community groups
o Educational and childcare.administrators
o Large building owners and operators
• Advise participants via phone, email, text, web -based and in person consultation.
• Submit quarterly report including:
o Milestones toward launching as a BPH
o CORE's participation as a stakeholder on the design of large building projects
in the community.
o CORE's participation as a stakeholder on City of Aspen building projects and
energy programs.
o Energy assessments performed
o Ratio of assessments converted to grant or rebate projects.
DocuSign Envelope ID: 491D7413EA-13427-480A-1350&1 F5580093E66
o Energy and GHG savings from quick fixes during assessments
o Rebates awarded and estimated energy and GHG savings
o Grants awarded and estimated energy and GHG savings
o Case studies generated
o Summary of activities and outcomes associated with community
engagement.
• Year -End Report
o Cumulative summary of the items reported on in previous quarters, plus
quarter 4.
o Evaluation of program effectiveness.
Table 1
iD
Category
Deliverable
Cost
Community Benefit
Timeline
General Hub strategy
setting and design.
Defining year 1 main
Work with industry
Develop
services. Overall
experts to set the Hub up
Building
business plan (staffing,
for successfully serving
1
Performance
Hub for 2025
steering committee etc.).
Messaging strategy.
$10,000
the community from the
start.
Jan -Jun
Design Hub to be
prepared to guide
buildings to comply with
Be prepared to do most
local ordinances and
of the work in 2025 for
Develop
Building
requirements. Exs:
Building Performance
equipping the Hub to
serve the community for
2
Performance
Hub for 2025
Standards, HERS,
blower door tests
$10,000
BPS compliance in the
future.
Jul -Dec
Develop strategy for
participant intake and
Develop
Building
traffic control in Hub,
using a CRM to manage
3
Performance
Hub for 2025
emails, calls, referrals
etc..
$10,000
Essential to a highly
functioning hub.
Apr -Dec
Develop
Building
Develop a website that
Performance
aligns with national best
Essential to a highly
4
Hub for 2025
practices for a Hub.
$5,000
functioning hub.
Oct -Dec
Develop
Enhance commercial
Improved participant
Building
assessment process and
experience will facilitate
5
Performance
reports.
$5,000
a higher conversion rate
Jan -Sept
C
DocuSign Envelope ID: 49D74BEA-B427-480A-B505-1 F5580093E66
Hub for 2025
of assessments to
projects.
Improved participant
Develop
experience will facilitate
Building
Enhance multifamily
a higher conversion rate
Performance
building assessment
of assessments to
6
Hub for 2025
process and reports.
$5,000
projects.
Jan -Sept
Improved participant
Develop
experience will facilitate
Building
Enhance individual
a higher conversion rate
Performance
residential assessment
of assessments to
7
Hub for 2025
process and reports.
$53000
projects.
Jan -Sept
Develop
Building
Enhance CORE's
Lose less potential
Performance
contractor solicitation and
projects in this critical
8
Hub for 2025
bid review advising.
$5,000
step.
Jan -Dec
Enhance CORE's ability
to model how energy
Confidence for COA,
Develop
projects will result in
Aspen Electric, CORE
9
Building
Performance
Hub for 2025
changes in energy use,
GHG emissions, and
utility costs.
$5,000
and participant that
investments will result in
desired outcomes.
Apr -Sept
Develop
Enhance CORE's ability
Prepare community for
Building
to advise participants on
more aggressive codes.
Performance
building performance for
New buildings entering
10
Hub for 2025
new construction.
$10,000
BIQ start out efficient.
Jan -Dec
Develop
Enhance CORE's ability
Building
to advise participants to
Ex: Inflation Reduction
Performance
be confident on securing
Act tax credits and
11
Hub for 2025
non -CORE incentives.
$5,000
rebates.
Jan -Sept
Enhance CORE's ability
Develop
to advise participants to
Building
be confident on securing
Performance
subsidized project
Ex: Colorado Clean
12
Hub for 2025
financing.
$5,000
Energy Fund
Jan -Sept
Grants: Estimated GHG
savings, with all projects'
Develop
savings verified at 1 year
Building
Create system to verify
post project. All BIQ
Performance
project and program
participants' EUI
13
Hub for 2025
impacts.
$5,000
improvements tracked.
Jan -Sept
C
DocuSign Envelope ID: 49D746EA-13427480A-13505-1 F5580093E66
Rebates: Estimated
GHG savings, with a
sampling of 10% of
projects' savings verified
1 year post project.
Produce 3 or more local
case studies from among Case studies will include
these project types: process, outcomes, and
Residential space heat cost deltas and lessons
fuel switching. Multifamily learned/community
space heat fuel benefits/barriers.
switching. Commercial Examples of similar
space heat fuel potential projects that fell
switching. through and why. Inform
Commercial/multifamily and inspire future GHG
Develop retrocommissioning/contr reducing projects. Inform
Building ols. Commercial BPS. Maintaining our
Performance refrigeration. region as a leader in the
14 Hub for 2025 Weatherization. $105000 state and nation. Jan -Dec
Subtotal
15 Develop Hub $851000
16
Bespoke guidance to
participants to ultimately
complete a project.This
also includes
collaborating with the
City of Aspen on
programs and projects,
serving as a thought
partner and a technical
advisor. This funding
keeps the existing
advising services running
Provide in 2024, while the BPH is
Energy developed. In 2025, this
Advising in Provide Energy will be absorbed into
17 2024 Concierge services $853000 operating the BPH. Jan -Dec
Subtotal
18 Advising $85,000
L
7
DocuSign Envelope ID: 491D7413EA-13427480A-13505-1 F5580093E66
Provide Commercial Energy
Energy Assessments: Perform Commonly a critical
Assessments free Level I assessments starting point for an
20 in 2024 and provide reports. $10,000 interested party. Jan -Dec
Multifamily Building
Provide Energy Assessments:
Energy Perform free Level I Commonly a critical
Assessments assessments and provide starting point for an
21 in 2024 reports. $10,000 interested party. Jan -Dec
Individual Residential
Energy Assessments:
Provide Provide subsidized
Energy subcontracted Commonly a critical
Assessments assessments and reports starting point for an
22 in 2024 $12,500 interested party. Jan -Dec
Subtotal
23 Assessments $32,500
24
Award grants and
Provide rebates to participants. Lose less participants in
Grants and Prioritized for BIQ and this critical step toward
Rebates in Community Priority ultimately completing a
25 2024 Participants and SLEEP. $425,000 project. Jan -Dec
Subtotal
26 Incentives $4257000
27
Launch a program that
brings resources, in Potential examples:
addition to those detailed CORE provide buildings
in the rest of this with funding to hire
proposal, to facilitate Owner's Rep services to
commitments from scope and manage
multifamily workforce major projects. CORE
housing building owners award bonus
Multifamily to complete energy rebates/grants for
28 Retrofit Pilot upgrades in 2025. $52,500 projects. Jan -Dec
Subtotal
Multifamily
29 Retrofits $52,500
30
DocuSign Envelope ID: 49D7413EA-13427-480XB505-1 F5580093E66
Subtotal
Foundational
31
Programs
$680,000
32
Administrativ
33
e Overhead
11 %
$74,800
Jan -Dec
Print, website, social
media and targeting
direct marketing to
connect and activate
property occupants,
owners, managers and
homeowner association
leaders in advancing
CORE's mission through
Community
our foundational service
34
Engagement
7%
$471600
offerings.
Jan -Dec
Individual, corporate,
foundation and
government fundraising
to complement funding
sources secured through
REMP to amplify the
scale and scope of
CORE's work and
ensure sustainability of
CORE's mission to meet
the outsized demand for
35
Development
7%
$47,600
project funding.
Jan -Dec
Subtotal
Admin /
Engagement
36
Development
$170,000
37
Total
Foundational
38
Programs
$850,000
Section 2
0
DocuSign Envelope ID: 49D74BEA-13427480A-13505-1 F5580093E66
Building IQ Implementation
On April 127 2022, the City of Aspen passed Ordinance No. 05. This ordinance requires
certain property owners to address existing building performance through energy and water
benchmarking and a building performance standard. This ordinance will reduce greenhouse
gas emissions from required buildings, furthering the City of Aspen's climate action goal of
zero greenhouse gas emissions by 2050.
CORE will lead implementation of the 2024 benchmarking component of the Building IQ
program with direction from the City of Aspen. A detailed scope for Section 2 is included as
Table 3.
Funding Summary for Section 2
Building IQ Benchmarking $240,000
Implementation
Admin/Engagement/Development $60,000
Total: $300,000
Included Buildings for Section 2
Buildings will include covered commercial properties 10,000 square feet and larger, covered
multifamily properties 20,000 square feet and over, new construction and extensive remodels
level 3 & 4. Related timelines are detailed below, as Table 2.
Sector Property Properties Property Initial Calendar Date that
first notice owners/mana Reporting year of property
of gers collect Date utility data benchmark
upcoming property to report ing
benchmarki information in the first informatio
ng due date and utility benchmar n is
data king year included in
annual
aggregated
community
benchmark
ing report
Covered Covered January 1, January 1, June 1, 2023 + September
Propertie Commercia 2024 2024 - June 2024 30, 2024
s I Properties 2024
Non-C ty >_ 10k sq. ft.
I[I
DocuSign Envelope ID: 491D74BEA-13427480XB505-1 F5580093E66
Benchmarking
o Creating covered buildings list for 2025
■ November 2024
o Creating and updating individual building profiles in benchmarking software and
using project management tool
■ Create profile for each building
• February 2024
■ Update each profile
• Contacts
• Engagement, compliance
• Timeline: Ongoing
■ Utility data collection from buildings
• Initial site visit to identify utility meters
o February 2024
• Create and send utility release forms
o March 2024
• Collect utility release forms
o April 2024
• Portfolio Manager (PM)
o Create PM accounts, enter data and submit to the City:
June 1, 2024
■ _> 10,000 sq. ft. non -City commercial properties
■ >_ 20,000 sq. ft. non -City multifamily properties
■ Update benchmark for 15,000-19,999 sq. ft.
non -City properties
■ Update benchmark for >_ 20,000 sq. ft. non -City
properties
■ Update benchmark for City properties
■ Data quality checks
til
DocuSign Envelope ID: 49D7413EA-13427480A-650&1 F5580093E66
• August 2024
■ Building Owner Scorecards
• August 31, 2024
■ Annual program report.
• 2024 report due September 30, 2024
• Building Performance Standards (BPS) Stakeholder Committee Member
o CORE, acting as a stakeholder, will employ a collaborative approach, gathering
information from key external sources, and presenting it as a proxy to the BPS
stakeholder.
■ Timeline: Ongoing
• Admin /Engagement /Development: CORE requires funding on a percentage basis of
the costs for the scopes listed above. Those are 11 % for administrative overhead, 7%
for community engagement, and 7% for development.
Reporfiing Procedures for Section 2
Contractor will provide Client with a quarterly report detailing progress or completion for the
deliverables and timelines established in Section 2, by 30 days after the end of each
quarter.
Table 3
iD
Category
Deliverable
Cost
Community Benefit
Timeline
Operate benchmarking
software that increases
efficiency of
Benchmarking, supporting
data analytics and
insights, data tracking and
compliance,
communications, and
streamlines project
Enhance efficiency and
efficacy of program
execution and generate
program cost savings over
2
Benchmarking
management
$10,000
time.
Jan -Dec
Get accurate contact info
for covered buildings,
beyond limited info on
Maximize program
3
Benchmarking
Assessor's databases
$13,000
compliance rate
Jan -May
Work with building owners
to get account and meter
4
Benchmarking
numbers, and utility
consent release forms.
$671000
Reduce compliance
burdens
Jan -May
12
DocuSign Envelope ID: 49D74BEXl3427480A-B50&1 F5580093E66
BPS enforcement relies
on benchmarking data.
50% of those who
5
Benchmarking
Collect utility data.
Including first level of data
quality checking.
$21,000
self -report trigger errors. If
errors are not triggered,
but data is flawed, it is
usually underreported.
Jan -May
Create Portfolio Manager
accounts for first year
Reduce compliance
6
Benchmarking
buildings.
$53000
burdens
Jan -May
Reduce compliance
Upload data into Portfolio
burdens for program
Manager in standardized
participants and advance
7
Benchmarking
data format.
$60,000
data quality objectives
Jan -May
Check data quality.
Secondary, deeper data
Internal/external
8
Benchmarking
quality checking.
$15,000
confidence in the program
June -July
Analyze EUI, WUI and
other relevant
benchmarking data to
understand Aspen's
building stock and building
performance relative to
Valuable information that
climate goals and provide
will inform BPS
recommendations to
development and promote
building owners and the
internal/external support
9
Benchmarking
City.
$11,000
for program objectives
Jul -Sept
Enhance program
Provide building owner
transparency and educate
scorecards that show key
building owners about
insights from
potential savings through
10
Benchmarking
benchmarking.
$25,000
efficiency projects.
June -Aug
Internal/external
confidence in the
Provide internal and
external annual program
program. Improved
program
11
Benchmarking
reports.
$5,000
design/implementation.
Aug -Sept
An accurate covered
Create covered buildings
buildings list will enable
list for the 2025 program
targeted efforts to help
12
Benchmarking
year
$8,000
building owners achieve
Oct -Dec
13
DocuSign Envelope ID: 491)7413EX[3427-480A-6505-1 F5580093E66
compliance.
Represent the input of
BPS Policy Participate in BPS other stakeholders CORE
13 Development Stakeholder meetings $0 engages with. Jan -Dec
14 Subtotal BIQ 1 J$240,0001
Administrative
16 Overhead 11 % $26,400 Jan -Dec
Targeted marketing to
include direct mail,
dedicated website page
and in -person outreach to
connect and activate
property owners and
managers in advancing
Community BIQ programs and
17 Engagement 7% $16,800 activities. Jan -Dec
Individual, corporate,
foundation and
government fundraising to
compliment funding
sources secured through
REMP to amplify the scale
and scope of CORE's
work and ensure
sustainability of CORE's
mission to meet the
outsized demand for
18 Development 7% $16,800 project funding. Jan -Dec
Subtotal Admin
/ Engagement /
19 Development $60,000
20
21 Total BIQ ( ($300,000 � Jan -Dec
Cl
DocuSign Envelope ID: 491D74BEA-13427-480A-B505-1 F5580093E66
Smart energy. Less carbon. More living.
Exhibit B: FEE SCHEDULE
Services Performed By:
Community Office for Resource
Office Efficiency (CORE)
129 Emma Rd, Unit B
Basalt, CO 81621
Services Performed For:
City of Aspen, Climate Action
427 Rio Grande Place,
Aspen, CO 81611
Section 1, Foundational Program Support for Energy Efficiency an
Electrification Programs Implementation, Fee Schedule
Develop Building Performance Hub
Energy Advising
Energy Assessments
Grants and Rebates
Multifamily Retrofit Pilot
Admin /Engagement /Development
Tota
$85,000
$32,500
$425,000
$170,000
$850,000
Section 2, Building IQ Implementation, Fee Schedule
Building IQ Benchmarking
Implementation
Admin/Engagement/Development
Total:
Invoice Procedure
$240,000
$60,000
$300,000
Buil
Contractor shall invoice Client for $862,500 in January of 2024, and $287,500 in October
of 2024. Payment shall be received within 30 days of the invoice delivery.
Olient shall pay Contractor through
DocuSign Envelope ID: 49D7413EX[3427480A-13505-1 F5580093E66
ACH:
Community Office for Resource Efficiency
Alpine Bank Routing # 102103407
Account # 8911163395
By mail:
Community Office for Resource Efficiency
PO Box 2449
Basalt, CO 81621