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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2019 - RESOLUTION 2019-002 AUTHORIZING THE MAYOR TO EXECUAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Brian Tholl, Energy Services Supervisor Cyril Vidergar, Legal SUBJECT Resolution 2019-002 Authorizing the Mayor to Execute a Renewal of an Intergovernmental Agreement with Larimer County to Continue Support for the Larimer County Conservation Corps Water and Energy Program. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of a renewed intergovernmental agreement (IGA) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corp (LCCC) Water and Energy Program. The IGA allows for four further annual renewals for a total of five years, based on budget appropriations. The City of Fort Collins Utilities has partnered with the LCCC since 2010 with tremendous success. LCCC crews have supported local resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities and Loveland Water and Power. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2018 spring season, LCCC crews have assessed over 3,200 homes in Fort Collins and enabled these customers to save on their utility bills. Due to its success, the Program is now part of the City’s Utilities Affordability Portfolio, which provides a mechanism for low to moderate income customers to control their energy use and costs for the benefit of all City electric and water utility customers. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The mission of the Program, which has been administered with Larimer County since 2010, is to positively impact the local community, as well as the environment, by promoting energy and water conservation. The Program has implemented a workforce development model of training young adults in the efficiency industry while addressing the community’s low-income population’s accessibility to conservation measures and education. This Program is an important component within a portfolio of programs and services which support progress towards Fort Collins’ goals related to the Energy Policy, Climate Action Plan and Water Conservation Plan. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2018 spring season, LCCC crews assessed over 3,200 homes in Fort Collins, saving customers over $107,000 annually by reducing energy and water use (1,382,000 kilowatt-hours, 32,000 therms, and over 20 million gallons of water annually). Results from the most recent program year are included as an attachment. By renewing the IGA between the City and Larimer County to support the LCCC program, the City can continue to receive the community utility education and conservation services that have helped reduce and control loads on City electric and water utilities since 2010. Agenda Item 6 Item # 6 Page 2 CITY FINANCIAL IMPACTS The IGA commits Fort Collins Utilities to an obligation of $123,968 from January 2019 through May 2019, based on the LCCC meeting requirements for the minimum number of assessments. Utilities has budgeted funds within the approved 2019 and 2020 Energy Services and Water Conservation Divisions for the provision of efficiency audits and directly installed efficiency equipment. No additional funding or appropriation is required under the IGA. Future agreements for services from LCCC will be dependent upon efficiency funding appropriations. BOARD / COMMISSION RECOMMENDATION At its December 13, 2018 meeting, the Energy Board voted 8-0 in support of renewing the IGA. PUBLIC OUTREACH Staff has not completed additional public outreach as it was determined that the implementation of this ongoing program was a business decision to achieve goals identified in the Energy Policy, Climate Action Plan and Utilities Affordability Portfolio. ATTACHMENTS 1. Larimer County Conservation Corps Water and Energy Program Report, 2018 (PDF) 2. Energy Board Meeting Minutes, December 13, 2018 (draft) (PDF) 1 2017-2018 Water and Energy Program Report Fort Collins Utilities Program History: The LCCC Water and Energy program was created in 2009 as a community initiative to promote residential energy and water conservation. Through partnerships with local utility providers, this program continues to evolve to best serve our community and local resources. The following report summarizes program year 2017-18, along with annual comparisons and trends. Program Goals Program Accomplishments • Conduct 325-425 assessments • Completed 425 assessments • Install high-efficiency toilets • Installed 110 high-efficiency toilets • Transition 8 corpsmembers into subsequent employment or education upon program completion • 7 of 8 corpsmembers transitioned into employment Program Dates: December 7, 2017 - May 02, 2018 (20 weeks) Training: • Assessment Practice • Building Science with Scott Suddreth • CPR/First Aid • Customer Service • HR/Risk Management • LCCC Policies and Procedures • Partnerships, PRPA Overview • Porchlight, Monitor My Use, Reading your Bill with Pete Iengo • Thermostat/HVAC Training with John Fassler • Toilet Installation with Neighbor to Neighbor and Independent Plumbing Solutions • Utility Services and Rebate Program • Van Driver Training with Colorado Safety Association ATTACHMENT 1 2 3 Educational Opportunities: • Career Counseling • Interviewing, Professionalism, and Resume Workshops • Informational Interviews/Job Shadows • Mid-term and Final Evaluations • Education and sustainability tours of Fort Collins Wastewater Treatment Plant, Fort Collins Utilities, Loveland Water and Power, Loveland Museum, New Belgium Brewing, National Renewable Energy Laboratory, Northern Water, Rawhide Energy Station, Revive Homes 4 Marketing Efforts: • 145 posters distributed in Fort Collins and Laporte • 500 postcards mailed to TANF participants • Email Blast o Temporary Assistance for Needy Families (TANF), Connecting Colorado, LCCC E- list of 500 subscribers • Newsletter o Larimer County’s Inside Information • Press Release • Web Presence and Social Media o Facebook, Craigslist, Next Door • Program Information Tables o Larimer County Courthouse Office, Larimer County Food Banks, CSU Housing Fair, Earth Day, Whole Foods, Eagles Game Program Changes: • Implemented Full Slate Scheduling Software • Lightbulbs purchased were 100% LEDS • Installed 76 Furnace Air Filters 5 Porchlight: • 83 Homes Visited • 34 LEDs installed • Interacted with 58% of residents 6 Summary of Products Installed in Fort Collins Homes Product Quantity Installed Energy Clotheslines 124 Thermostats 30 6w LED Globe Bulbs 942 8w LED Flood Bulbs 1101 9w LED Light Bulbs 2466 Total Number of Light Bulbs 4509 Water* Bathroom Aerators (.5 gpm) 115 Bathroom Aerators (1 gpm) 312 Kitchen Aerators (1.5 gpm) 130 Shower Heads 208 Tank Banks 41 High Efficiency Toilets 110 Safety and Air Quality CO/Smoke Detectors 120 Furnace Air Filters 76 *504.25 Gallons Per Minute (gpm) saved from aerators and showerheads *380.4 Gallons Per Flush (gpf) saved from tank banks and high efficiency toilets 7 8 9 Multi-family units assessed: • Neighbor to Neighbor- 50 units, 46 HETs installed • River Rock- 10 units assessed 10 11 12 Customer Evals and Quotes: • 36 evaluations collected • 100 % positive evaluations, only 3 contained minor critiques “This is a great program for teaching young people relevant skills. I'm glad that they learn in several different environments. Hope they can put their new skills to use as they work in other jobs. Keep up the good work.” “Brandon and Jessica were prompt, got right to their tasks, focused on them while here. I appreciate all they did to educate and to make my home more energy efficient. I have some changes to make and I have begun them already. Thank you very much for the service and products you provided me.” “They were on time, friendly and genuinely interested in the efficiency of my home and my concerns” “They did an excellent job and were very professional. I give them an A+!” “Friendly, knowledgeable, and strived to go above and beyond.” “That was a valuable experience. Thank you for providing it. I learned how my electric bill was figured. That was great to know.” “What a great service provided by these smart kids. Big thumbs up!” 13 End of Season Presentation: http://prezi.com/z69bt1l2jzi9/?utm_campaign=share&utm_medium=copy Corpsmember Post-LCCC Plans: Brandon Boehme Staff at Subway in Fort Collins and attending classes at Front Range. Pursuing work in plumbing or maintenance Cole Conger Maintenance Staff with Platte River Power Authority Emily Wenger Hiking the 2,700 mile Continental Divide Trail Evelin Preciado Seed Researcher for Anheuser Busch Hannah Langley Reading Corps in Loveland, Colorado Julie Stoyanova Energy Auditor with ICF in Rockville, Maryland Jessica Purtell Tour Guide at Anheuser Busch. Attending CSU for Masters Degree in Watershed Management Stephanie Moothart Attending Louisiana State University for a Masters in Renewable Natural Resources-Forestry 14 Corpsmember Testimonials: “This season was enlightening! I’ve never learned so much on a job. I felt like I was helping the community. I learned so much about myself, building science, and power distribution. The LCCC is a fantastic organization that I’m going to miss greatly. Thank you!” “I think this season has been a great experience. I got to work with wonderful people and I got to meet a lot of interesting customers. I love that I feel like I made a difference in the community and I got to help people with products and education. I also learned some team and problem-solving skills that are transferable and some specific install skills that will come in handy later in life.” “I am proud of the work I have done with the Corps. My time in the Corps has been very useful in helping me improve my professional skills. I have learned new ways I can improve myself as well as identifying personal areas in need of improvement. I would recommend other people to be corpsmembers.” “I learned how to interact with individuals (strangers) in their own homes and be comfortable with that over time as it was initially a little odd. I learned more about utility companies function and how our resources are distributed and used (electric and water). This is beneficial for my future career in the field and better guidance as to what I will choose to study for graduate school.” “I am glad I did this service position. It has taught me a lot about energy and water efficiency- topics I have always been interested in.” “Thanks for making this all happen and providing this opportunity to serve others. Hopefully this program can continue having a positive impact on the community-homeowners, utilities, and young people.” “I really liked the educational tours, presenting education topics, and that the program was free to residents.” “I gained a view into a world of career possibilities that is different from past exposures. I’m happy with my work this season. I think homeowners responded positively to the work I did and the information I had to share. I enjoyed learning from everyone I met this season.” Energy Board Minutes DRAFT – ABRIDGED - December 13, 2018 Energy Board Minutes DRAFT - ABRDIGED – December 13, 2018 Fort Collins Utilities Energy Board Minutes DRAFT – ABRIDGED - Thursday, December 13, 2018 Energy Board Chairperson Nick Michell, 970-215-9235 City Council Liaison Ross Cunniff, 970-420-7398 Energy Board Vice Chairperson Amanda Shores, 408-391-0062 Staff Liaison Tim McCollough, 970-305-1069 Roll Call Board Present: Chairperson Nick Michell, Alan Braslau, Bill Becker, Jeremy Giovando, Greg Behm, John Fassler, Stacey Baumgarn, Krishna Karnamadakala Late Arrivals: Board Absent: Vice Chairperson Amanda Shores Others Present Staff: Tim McCollough, Christie Fredrickson, John Phelan, Lindsay Ex, Brian Tholl, Lance Smith, Kevin Gertig, Rhonda Gatzke Platte River Power Authority: Paul Davis, Joel Danforth Members of the Public: Larimer County Conservation Corps Brian Tholl, Senior Supervisor, Mechanical Engineer Maelly Oropeza, Director of the Larimer County Conservation Corp (attachments available upon request) Mr. Tholl said the current five-year Intergovernmental Agreement (IGA) period with Larimer County Economic and Workforce Development Department completed in 2018. The Water and Energy Program is incorporated into the City’s suite of efficiency programs and is administered by Larimer County Conservation Corps (LCCC). This includes the staffing and recruitment of participants, and sourcing of direct-install materials. The customer offer is a no-cost home efficiency assessment on site with a Corp team staff member who also provides educational information for the tenant or homeowner. The customer is provided with direct-install equipment like shower heads and LED lightbulbs. The Water and Energy Program is marketed within the Utility Affordability Portfolio, which also includes the Income Qualified Assistance Program, Payment Assistance Fund, Medical Assistance Program, and Colorado Affordable Residential Energy. In 2019, staff plans to target customers who have signed up for LEAP and IQAP, though participation in those programs is not a requirement or prerequisite. LCCC has completed many installations since 2010, including 3,485 assessments, 32,300 efficient light bulbs, 637 programmable thermostats, 5,897 efficient sink aerators, and 409 low-flow toilets. ATTACHMENT 2 Energy Board Minutes DRAFT – ABRIDGED - December 13, 2018 Energy Board Minutes DRAFT - ABRDIGED – December 13, 2018 Chairperson Michell asked for clarification on how the City of Fort Collins supports the LCCC and the Water and Energy Program. Mr. Oropeza explained LCCC administers the program, which is funded by and serves both Fort Collins Utilities and Loveland Water and Power customers. Mr. Phelan added the funding from each of the municipalities is provided to their respective customers enrolled in the program. Mr. Tholl is seeking the Energy Board’s feedback and support of renewing the IGA with Larimer County. Board member Behm moved the Energy Offer its support to renew the IGA between the City of Fort Collins and the Larimer County Economic and Workforce Development Department to maintain the Water and Energy Program. Board member Braslau seconded the motion. Discussion: Board member Braslau said the Council Futures Committee discussed equity as an outcome, and this program aligns very well. Chairperson Michell agreed and said it’s important for renters and low-income population to have access to efficiency programs. Vote on the motion: it passed unanimously 8-0, with one absent. -1- RESOLUTION 2019-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO CONTINUE SUPPORT FOR THE LARIMER COUNTY CONSERVATION CORP ENERGY AND WATER PROGRAM WHEREAS, since 2010, the City’s Utility Services department has partnered with the Larimer County Conservation Corp Energy and Water Program (the “LCCC Program”) to support local resource conservation programming; and WHEREAS, the LCCC Program includes performing home efficiency assessments for customers of Fort Collins Utilities and Loveland Water and Power, including on-site evaluations, energy and water saving retro-fits, and customer education; and WHEREAS, the LCCC Program also includes training young adults in the efficiency industry and improves access for low-income populations to conservation measures and education; and WHEREAS, the LCCC Program is an important component of support for the goals of the City’s Energy Policy, Climate Action Plan, and Water Conservation Plan; and WHEREAS, the LCCC Program has also become an element of the City’s Utilities Affordability Portfolio, which provides a mechanism for low-to-moderate-income utility customers to control their energy use and costs through a suite of education and efficiency retro- fits tools; and WHEREAS, since its inception in 2010, the LCCC Program has provided assessments and education for 3,200 Fort Collins Utilities customer homes, resulting in an estimated annual savings of over 1,382,000 kilowatt-hours and 32,000 therms of energy, and 20 million gallons of water; and WHEREAS, the proposed 2019-2020 LCCC Program cycle will serve 400 additional Fort Collins Utility customers, requiring the City to commit $123,968 to continue its support of the LCCC Program; and WHEREAS, the City Council has determined it is in the best interests of the City and beneficial to the Fort Collins Utility ratepayers that the Mayor execute an intergovernmental agreement with Larimer County for the purpose of continuing the City’s support of the LCCC Program in the 2019-2020 cycle, with the option to renew the City’s support for up to four additional program cycles. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Mayor is hereby authorized to execute an intergovernmental agreement with Larimer County in support of the Larimer County Conservation Corp Energy and Water Program (IGA), in substantially the form of Exhibit “A”, with such modifications and additional terms and conditions not inconsistent with this Resolution as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution, and with the City to provide funds in the amount of $123,968 from existing appropriations in the Energy Services and Water Conservation Divisions budgets in furtherance of the services described in the IGA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES This Agreement is made this 4th day of December, 2018, by and between the City of Fort Collins, Colorado, a municipal corporation (hereinafter called the "City") and Larimer County, Colorado, through Larimer County Economic and Workforce Development Department, Conservation Corps, 200 West Oak Street, Suite 5000, Fort Collins, Colorado 80521 (hereinafter called the "Provider"). WITNESSETH WHEREAS, the City wishes to promote development of job skills in the efficiency industry for young adults in Larimer County while increasing availability of energy and water conservation measures and education to low-income electric customers; and WHEREAS, the City and Provider have successfully partnered on delivery of energy and water assessments since 2010; and WHEREAS, the Provider wishes to continue its established Conservation Corps program for another cycle in order to provide such opportunities through the LCCC Water & Energy Program; and WHEREAS, it is in the best interests of the City, the County, and their taxpayers to provide services efficiently and cost-effectively, and to minimize overhead expenditures for administration and program creation. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. Services. The Provider agrees to provide services generally described as providing assessment and completion of energy and water savings product installations for 325-425 utility customers of the City, and to provide related conservation education, assistance and promotion of the City’s home energy and water rebate programs, as more fully described in Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as of the date set forth above and completed no later than May 31, 2019,. This Agreement shall automatically renew for up to four additional one-year terms, to conclude no later than May 31, 2023, unless earlier terminated. 3. Compensation. In consideration for Provider’s services, the City agrees to pay Provider according to the schedule set forth in Exhibit “B”, consisting of one (1) page and incorporated herein by this reference, with a maximum not to exceed One Hundred Twenty Three Thousand Nine Hundred Sixty Eight Dollars ($123,968.00). Provider shall submit itemized invoices for payment in accordance with Exhibit B. The City will make payments within thirty (30) days after receiving a properly documented invoice from Provider. EXHIBIT A 2 4. No Joint Employer Relationship. All youth employed shall remain at all times subject to the sole and exclusive control, supervision, and direction of the Provider. The Provider shall have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of such employees. The Provider shall also have the sole and exclusive authority to determine the method, means, and manner of performance of such employees, and to establish their wages, hours and working conditions. The Provider shall be the sole employer of all employees providing services pursuant to this Agreement. This Agreement shall not be construed as creating a "joint- employer" relationship between the Provider and the City. 5. Payroll Processing. The Provider agrees to perform all necessary payroll processing and personnel administration with respect to employees hired or retained pursuant to this Agreement in compliance with all applicable federal and state laws and local ordinances, including but not limited to the maintenance of all employment-related records, the issuance of payroll checks and the withholding of FICA and applicable federal and state taxes. The City agrees not to provide anything of value to any employee of the Provider performing services under this Agreement, whether in the form of a gift or compensation, without prior written approval from the Provider. 6. Worker's Compensation. The Provider agrees to provide workers' compensation coverage for employees pursuant to this Agreement. It is the intent of the Provider and the City that the Provider's workers’ compensation insurance carrier shall be liable for any benefits awarded to any injured employee under the terms of this Agreement. 7. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the extent required by law. No term or condition of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protections available to any party under the Colorado Governmental Immunity Act. As the sole employer of all employees providing services pursuant to this Agreement, Provider agrees that the City shall have no obligation or liability in connection with: (a) the selection, hiring, discipline, firing or assignment of such employees; (b) the method, means or manner of performance of such employees; (c) the wages, hours or working conditions of such employees; (d) negligent conduct, intentional conduct, and criminal conduct, including commissions and omissions, of such employees; and (e) the employment relationship between the Provider and such employees. 8. Additional Provider Obligations. 8.01 No person with responsibilities in the provision of services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant or any applicant for participation on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs. 8.02 No services provided under this Agreement shall involve political activities and no funds made available under this Agreement shall be used for lobbying activities. 3 8.03 No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom (s)he has a relationship by blood or marriage or a close business, political or personal association. 8.04 Provider agrees to complete background checks reasonably satisfactory to the City on all youth or other employees of Provider prior to participation in the Program, and to limit participation to persons shown through said checks to be reliable and reasonably suited for work in the homes of City utility customers. Any such checks shall be completed in accordance with applicable laws. 9. Information Available to Provider. The City agrees to make available to Provider such information as is required to enable Provider to provide its services in compliance with local, state and federal laws, and subject to the following: 9.01 Provider must implement reasonable policies and procedures to detect, prevent and the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations Part 681, including requiring any Conservation Corp Energy Program employees to sign a confidentiality agreement as a condition of employment. Further, Provider must notify the City in writing of any information leading Service Provider to believe identity theft has occurred regarding a City covered account and must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts. 9.02 In connection with the Services to be provided to the City pursuant to this Agreement, the Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials, including but not limited to all name, address, telephone number, and personal information of all customers receiving services from Provider hereunder. 9.03 In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Provider has agreed to perform, including but not limited to any information generated by the Provider in connection with the performance of services under this Agreement, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with or as a result of the performance of services for the City may be confidential and/or proprietary. The Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City); and (c) all information generated by Provider in the course of or in connection with the provision of services under the Agreement. The Provider shall not disclose any such information to any person 4 except as authorized by the City. Further, the Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. 9.04 The foregoing to the contrary notwithstanding, the Provider understands that it shall have no obligation under this Agreement with respect to information and material that is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any such disclosure, Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. 9.05 In the event that Provider ceases to perform services for the City, or the City so requests for any reason, Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. 9.06 Provider understands and agrees that the City’s remedies at law for a breach of Provider’s obligations under this Confidentiality provision may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 10. Parties' Representatives. For the purposes of this Agreement, Provider hereby designates Maelly Oropeza, Corps Manager (moropeza@larimer.org, 970-498-6630) as its representative. The City designates John Phelan, Energy Services Manager (jphelan@fcgov.com, 970-416-2539) as its representative. 11. City Responsibilities. In addition to providing payment as set forth above, the City shall further be obligated to provide the following for use by Provider in performing Provider’s obligations hereunder: 1. Provide materials for direct installation into the assessed homes. Materials include, as appropriate, compact fluorescent light bulbs, low-flow showerheads, faucet aerators, high efficiency toilets, programmable thermostats, carbon monoxide detectors, and clotheslines; 2. Assist with marketing efforts in seeking households through agency materials, community partners, online or other means; 3. Identify a liaison to the LCCC Water & Energy Program with a focus on Corps member development. Examples of activities could include networking, shadowing, informational interviews, sitting on an industry panel for questions and answers, or site visits of the crew in the field. 4. Offer written feedback upon completion of the program. 12. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 5 13. Remedies upon Default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) seek any other remedy available at law or equity. 14. Compliance with Laws/Nondiscrimination. Contractor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices and to the origination of mortgage loans and other credit and lending activities. Contractor shall provide all services hereunder in a manner consistent with all laws and requirements pertaining to civil rights, nondiscrimination and constitutionally protected classes and rights, applicable to the provision of municipal services to members of the public. 15. Entire Agreement. This instrument and its exhibits constitute and contain the entire agreement and understanding of the parties hereto concerning the employee’s employment and the other subject matters addressed herein, and supersedes and replaces all prior negotiations, agreements, understandings, warranties, promises or otherwise between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto, concerning the subject matters hereof. 16. Severability of Invalid Provisions. In the event any covenant, condition or provision of this Agreement or the application thereof, is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the City or Provider in their or either of their respective rights and obligations under the valid covenants, conditions or provisions of the Agreement. 17. Governing Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Colorado. 18. Waiver of Breach -- Effect. No waiver of any breach of any term of provision of this Agreement by the City or Provider shall be construed to be, nor shall be, for any purpose, a waiver of any breach of any other provision hereof or of a continuing or subsequent breach of the same provision. No waiver shall be valid unless in writing and signed by the party waiving the breach. 19. Binding Effect. This Agreement shall be binding upon the parties hereto and their heirs, administrators, personal representatives, successors and assigns of each respectively. 20. Headings. Paragraph headings contained herein are for convenience and reference, and are not intended to define or limit the scope of any provisions of this Agreement. 6 21. Appropriation of Funds. Obligations of the City hereunder are contingent upon appropriation of funds sufficient and intended for this purpose by the City Council of the City, in its sole discretion. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective, as of December 4th, 2018. LARIMER COUNTY, COLORADO Date: ____________________ By: Chair, Board of County Commissioners Date: _____________________ By: ___________________________________________ CITY OF FORT COLLINS, COLORADO Date: _____________________ By: Wade Troxell, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ___________________________ City Clerk Assistant City Attorney 7 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES Exhibit A: Scope of Services BACKGROUND The Larimer County Conservation Corps (LCCC) has existed for twenty years in our local community. During this tenure, LCCC has specifically focused on providing workforce development programming for young adults, focusing on conservation. Since 2008, the LCCC– Water & Energy Program has implemented a workforce development model of training young adults in the efficiency industry while addressing the community’s low-income population’s accessibility to energy and water conservation measures and education. LCCC is excited that the City of Fort Collins Utilities sees the value of this partnership with the LCCC – Water & Energy Program to meet the needs of Fort Collins’ residents and further expose the next generation of young adult workers to careers in the utility industry in Northern Colorado. This Exhibit A addresses the objectives of the Water & Energy Program, the scope of services, training, roles and responsibilities, and benefits of this partnership. OBJECTIVE Implement the LCCC – Water & Energy Program within Fort Collins, Colorado in an effort to assess and further complete energy and water savings product installations for between 325 to 425 residences through service learning opportunities for Corpsmember development. The program will target low to moderate income communities for participation, however, any Fort Collins Utilities water and/or electric customers are eligible to participate. In addition, LCCC- Water & Energy Program will also provide conservation education, tips, and rebate opportunities to the resident’s home during the assessment. The LCCC is solely responsible for program oversight and implementation of targeted goals. SCOPE OF SERVICES 1. Community A. Target marketing efforts to low-income residents and partners that serve such populations with an emphasis on the multi-family housing sector. B. Schedule home efficiency assessment, verifying that homes are served by Fort Collins Utilities. C. Source appropriate materials for direct installation as identified in the D. LCCC crews will perform assessment, direct installation, educate residents about conservation techniques, and promote additional comprehensive audit services if interested. E. Gather data from assessments to compile energy and water conservation measures installed and associated savings (e.g. kilowatt-hours, carbon, gallons). F. Gather demographic information from participants to align with income guidelines for County services. 2. Auditor/Staff A. Train 6-8 Corpsmembers in home efficiency assessment and conservation retrofitting. 8 B. Encourage Corpsmembers to further develop their leadership style for personal and professional growth through peer mentoring, networking within industry, or facilitating group activities. C. Work with internal and external partners including the City of Fort Collins Utilities to help Corpsmembers better understand the utilities industry and future career opportunities through networking, shadowing, informational interviews, and site visits. D. Bi-weekly reports on residential assessment data outcomes to City of Fort Collins Utilities. E. Complete a final report summarizing all activities and results within 30 days of program completion. F. Upon program completion, Corpsmembers will present their findings to utility staff or boards at a quarterly meeting. G. Installation Requirements: Materials: Installation Requirement Installation limit Toilet New toilet will only replace 1.6 GPF and above 1 toilet per dwelling Aerator New aerators will only replace existing aerators greater than 1.5 GPM in the kitchen and 1.0 GPM in the bathroom. No limit per unit Showerheads New showerheads will only replace existing showerheads greater than 2.0 GPM No limit per unit LEDs All LEDs will only replace incandescent or halogen lamps, unless in a fixture with mixed lamps, in which case all would be replaced No maximum Thermostats Programmable thermostat to replace only manual adjusted thermostat 1 per dwelling Carbon Monoxide detectors Installed in absence of detector 1 per dwelling FORT COLLINS UTILITIES RESPONSIBILITIES The City of Fort Collins Utilities responsibilities towards the program include: 1. At the City of Fort Collins Utilities discretion, either provide materials for direct installation into the assessed homes or for products not provided, City of Fort Collins Utilities will reimburse LCCC for materials that LCCC has purchased and installed. Materials include, as appropriate, LEDs, programmable thermostats, carbon monoxide detectors, clotheslines, toilets, high efficiency showerheads and faucet aerators. 2. Assist with marketing efforts in seeking households through agency materials, community partners, online or other means. 9 3. Identify a liaison to the Water & Energy Program Coordinator with a focus on Corpsmember development. Examples of activities could include networking, shadowing, informational interviews, sitting on an industry panel for questions and answers, or site visits of the crew in the field. 4. Offer written feedback upon completion of the program. BENEFITS When the 2018-2019 LCCC Water & Energy Program is complete, the Fort Collins community will collectively have between 325 and 425 residences assessed and retrofitted with basic efficiency products. The program will be targeting low income populations for participation, but may provide services to any Utilities water and/or electric customer. Benefits will also include timely, accurate and usable data, and a willing and able workforce that may act as a feeder program for utility opportunities in the near future to better train and employ the next generation of utility workers. PROGRAM COSTS Program costs are summarized below. LCCC will not incur additional programs costs without written prior approval. Description Budget Notes Energy Efficiency Materials (e.g. LED bulbs, thermostats, smoke/carbon monoxide detectors, clotheslines) $19,950 Energy efficiency products will be purchased by LCCC. Reference resources and materials may be provided by the City upon request. Water Efficiency Materials (e.g. showerheads, aerators, toilets, tank banks, dye tabs) $1,280 Utilities Resource Conservation team will provide most materials for direct installation within homes. LCCC may be asked to purchase materials to supplement existing resources provided from Utilities. 2018-2019 Program Support $102,738 Total $123,968 Total may vary based on actual cost of purchases by LCCC, but will not exceed budget identified Exhibit B describes the payment schedule for services under this agreement. 10 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES Exhibit B: Payment Schedule Compensation. 3.01 In consideration for Provider’s services, the City agrees to pay Provider according to the schedule set forth below, with a maximum not to exceed One Hundred Twenty Three Thousand Nine Hundred Sixty Eight ($123,968). 3.02 Provider shall submit itemized invoices for payment. The City will make payments within thirty (30) days after receiving a properly documented invoice from Provider. Milestone Program Materials Signing Agreement (50% of program support) $51,369.00 $0 50% of Audits/installations completed (20% of program support plus materials reimbursement) $20,547.60 $10,615.00* 100% of Audits/installations completed (20% of program support plus materials reimbursement) $20,547.60 $10,615.00* Final Report and presentation(10%) (10% of program support plus materials reimbursement) $10,273.80 $0* Sub-Total $102,738.00 $21,230.00 Total $123,968.00 * Provide itemized receipts for materials invoicing.