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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/15/2020 - FIRST READING OF ORDINANCE NO. 113, 2020, MAKING S Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 15, 2020 City Council STAFF John Phelan, Energy Services Manager Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 113, 2020, Making Supplemental Appropriations and Authorizing Transfers of Appropriations for the Northside Aztlan Resilience HUB Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate $200,000 in Renewable and Clean Energy Challenge grant funds from the Department of Local Affairs (DOLA) for a project to establish the Northside Aztlan Community Center (Aztlan Center) as a resilience hub. The City has been notified of an award of $200,000 in support of energy and storage measures at the Aztlan Center to improve its function as a resilience hub during community emergencies. The total project cost is $425,000, which includes an additional $200,000 as a required local match, and $25,000 for non-reimbursable project fees. The structure of the funding for the total project would use the $200,000 in grant proceeds from DOLA, $200,000 for the required local match from the 2020 Energy Services budget (already appropriated in the Light & Power Fund), and $25,000 for the non-reimbursable project fees from the 2020 Municipal Innovation Fund (already appropriated in the Keep Fort Collins Great Fund). The $200,000 for the local match from the 2020 Energy Services budget is available as a result of anticipated underspend due to the COVID-19 pandemic. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION DOLA launched the Renewable/Clean Energy Challenge grant program in the summer of 2019 to spark efforts in reaching Colorado’s 2040 100% renewable energy goal. Projects funded by this initiative should achieve renewable energy, energy efficiency, and energy conservation efforts; support innovations in renewable energy; achieve multiple objectives and/or serve those with the greatest need. Proposed projects were also to respond to needs and opportunities identified by the local government. The grant requires a 50% match. The City submitted a letter of intent in August 2019 and a complete application in December before the impact of the coronavirus pandemic was felt on our community or facilities. The Aztlan Center has since served as a shelter for vulnerable populations over the last several months. The recent use of the facility has been a demonstration of a resilience hub; the Northside Aztlan Resilience Hub project would add capabilities for operation in emergencies where the electric grid may also be impacted. This highlights the importance of proceeding with projects such as this one, which will also provide active demonstration of additional distributed generation and battery storage on an ongoing basis to minimize operational costs and provide electric grid benefits. The battery storage system would remain a Light & Power-owned asset which can provide ongoing benefits to the ratepayers via this project. Agenda Item 6 Item # 6 Page 2 Given the current financial landscape, staff recommends the following approach: • Proceed with appropriating the full project amount of $425,000, funded from: o $200,000 from the DOLA Renewable and Clean Energy Challenge grant, which would reimburse the Light & Power Fund over the course of the project as expenses are incurred. o $200,000 in local match funds from the 2020 Utilities Energy Services budget, which is available from anticipated underspend due to the COVID-19 pandemic. o $25,000 from the 2020 Municipal Innovation Fund, which is already appropriated in the Keep Fort Collins Great Fund, to cover permit fees for building improvements, Poudre Fire Authority, and bonding required by DOLA. Those costs cannot be covered with DOLA grant funds. Use of the Municipal Innovation Fund accomplishes rapid deployment of the funding to support resilience, the municipal sustainability focus on resilience for 2020, and on a project that benefits the community. The CAP Executive Team, Utilities Senior Management, and the Executive Leadership Team each reviewed and supported the above funding approach, as detailed in the proposed Ordinance. • There are several internal project partners necessary to successfully execute this grant project, including Operations Services, Recreation, Emergency Preparedness and Security, Environmental Services, Social Sustainability and Utilities. • The circumstances presented by COVID-19 have demonstrated the need for and viability of incorporating resilience, efficiency, and innovation in providing services to the community. No APP contribution is required. The project is limited to placement of a battery and associated equipment, including potentially photovoltaic panels, located at, though not affixed to, the Aztlan Center. No structural modification, remodeling or improvement of any building, structure, street, sidewalk, or other public improvement are part of the project. As such, the project does not constitute “construction” under Chapter 23, Art. XII of the City Code for purposes of including contributions to the Art in Public Places Fund in the project budget. CITY FINANCIAL IMPACTS The proposed appropriation can be funded while still meeting service area and department target reductions for 2020. The Light & Power Enterprise Fund will be reimbursed by the DOLA grant, resulting in no negative impact to the enterprise fund. BOARD / COMMISSION RECOMMENDATION The Energy Board will receive a staff report on this project at its September 10, 2020 meeting. ATTACHMENTS 1. State Acknowledgement of Application and Grant Award (PDF) 2. Grant Agreement Terms (PDF) 3. Scope of Project (PDF) Governor Jared Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov Strengthening Colorado Communities April 3, 2020 The Honorable Wade Troxell, Mayor City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 RE: EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Dear Mayor Troxell: The Department of Local Affairs is in receipt of your application for state Energy and Mineral Impact Assistance funds under a special renewable and clean energy initiative launched by the Polis administration. Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of need, measurable outcomes, amount of request, relationship to community goals, level of local match and community support, management capacity, and readiness to go. Competition for these limited funds was intense and we had many more requests than we had funds available. Congratulations! After thorough review, I am excited to offer a grant award in the amount of $200,000 for completion of the RENW Fort Collins Aztlan Community Center Energy Resilience project. This is the first pool of Renewable and Clean Energy Challenge funding and we are excited to see this work begin. These grant funds will be from state severance tax proceeds, which may cause you to go to election to receive and spend them. You should confer with your legal and budget advisors to determine if such an election is necessary. Please contact your DOLA Regional Manager, Chris La May, at 970-679-7679 for information on how to proceed. Expenditure of State funds prior to the contract being fully executed cannot be included in the contract budget or reimbursed by the State. Per our program guidelines, this offer is valid for one year from the date of this letter. I wish you success with your project. Thank you for helping Colorado build an economy where all Coloradans can thrive. Sincerely, Rick M. Garcia Executive Director cc: Joann Ginal, State Senator Cathy Kipp, State Representative Katy McLaren, City of Fort Collins Chris La May, DOLA ATTACHMENT 1 SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Local Affairs DLG Number F20S9232 CMS Number 162007 Grantee City of Fort Collins Grant Award Amount $200,000.00 Retainage Amount $10,000.00 Project Number and Name EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Performance Start Date The later of the Effective Date or June 10, 2020 Grant Expiration Date April 30, 2022 Project Description The Project consists of the installation of solar panels, battery storage, and electrical and storage efficiency equipment on the Northside Aztlan Community Center in Fort Collins. Program Name Energy & Mineral Impact Assistance Program (EIAF) Funding Source STATE FUNDS Catalog of Federal Domestic Assistance (CFDA) Number N/A DOLA Regional Manager Chris La May, (970) 679-4501, (chris.la.may@state.co.us) Funding Account Codes DOLA Regional Assistant Robert Thompson, (970) 679-4503, (robert.thompson@state.co.us) VCUST# 14149 Address Code CN005 EFT THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER _______________________________________________ By: Tim Katers, EIAF Program Manager Date: __________________________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Rick M. Garcia, Executive Director ______________________________________________ By: Rick M. Garcia, Executive Director Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate (the “Effective Date”). STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Yingtse Cha, Controller Delegate Department of Local Affairs Effective Date:_____________________ ATTACHMENT 2 EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 2 of 10 Version 0717 TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter (the “State”) hereby obligates and awards to Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Grant Award Letter exists in the law as follows: A. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 3 of 10 Version 0717 accomplished from and with appropriate agencies. This Grant Award Letter is funded, in whole or in part, with State funds. B. Reserved. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. Reserved. B. Reserved. C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. D. “Exhibits” means the following exhibits attached to this Grant Award Letter: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter E. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter, an amendment, or an Option Letter. F. Reserved. G. Reserved. H. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. I. “Grant Award Letter” or “Grant” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. J. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. K. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. L. “Incident” means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. M. “Initial Term” means the time period between the Performance Start Date and the initial Grant Expiration Date. N. Reserved. O. “Other Funds” means all funds necessary to complete the Project, excluding Grant Funds. Grantee is solely responsible for securing all Other Funds. P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 4 of 10 Version 0717 Q. “Performance Start Date” means the later of the Performance Start Date or the Execution Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. R. Reserved. S. Reserved. T. Reserved. U. “Project” means the overall project described in Exhibit B, which includes the Work. V. “Project Budget” means the amounts detailed in §6.2 of Exhibit B. W. Reserved. X. Reserved. Y. “Services” means the services performed by Grantee as set forth in this Grant Award Letter, and shall include any services rendered by Grantee in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. Reserved. EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. FF. Reserved. GG. Reserved. HH. Reserved. II. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. JJ. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Performance Start Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 5 of 10 Version 0717 5. PURPOSE The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Grant Award Letter or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Erroneous Payments The State may recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Grant Award Letter, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the “Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 6 of 10 Version 0717 D. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Project Budget in Exhibit B. i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to de-obligation by the State. 8. REPORTING – NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 7 of 10 Version 0717 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security (http://oit.state.co.us/ois) and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 8 of 10 Version 0717 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 9 of 10 Version 0717 Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these provisions. 18. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee 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. F. Order of Precedence In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Any executed Option Letter ii. The provisions of this Grant Award Letter. iii. The provisions of any exhibits to this Grant Award Letter. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 10 of 10 Version 0717 G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Reserved. L. Digital Signatures If any signatory signs this Grant using a digital signature in accordance with the Colorado State Controller Contract, Grant, and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Grant by reference. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 1 of 5 EXHIBIT B – SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of the installation of solar panels, battery storage, and electrical and storage efficiency equipment on the Northside Aztlan Community Center in Fort Collins. 2.2. Work Description. The City of Fort Collins (Grantee) will hire a qualified contractor to install solar panels, battery storage and electrical and storage efficiency equipment on the Aztlan Center. Upon Project completion, the Grantee will provide a monitoring and reporting plan to DOLA that includes the delivery of semi-annual (every six month) reports on the energy and cost performance of the system. These reports are required for five years after the Expiration Date of the Grant Agreement or date of Project closeout (work is completed, all deliverables have been submitted and accepted, the final payment request has been submitted, and an agreement as to any amount of grant funds to be deobligated has been made), whichever is later.Grantee will own and maintain all improvements and, in accordance with §9 below, a contractor will be hired to complete the Work. 2.2.1. The Grantee warrants that the facility will continue to be utilized as a publicly available facility for at least ten (10) years following completion of the Grant. If the facility is used for any purpose other than intended during that ten-year period, the Grantee shall return a portion of the grant funds based on the following payback schedule: In year one, one hundred percent (100%) of the grant funds must be returned; in year two, ninety percent (90%); in year three, eighty percent (80%); in year four, seventy percent (70%); in year five, sixty percent (60%); in year six, fifty percent (50%); in year seven, forty percent (40%); in year eight, thirty (30%) percent; in year nine, twenty (20%) and in year ten, ten (10%) percent. At the end of the ten (10) year period following the date of completion of the renovations and thereafter, no State restrictions on use of the property shall be in effect. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: labor, materials, required testing and inspection. Engineering, permitting and legal fees shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. “Construction/Improvement of Public Utilities” means labor and materials costs, bond and insurance costs, bid advertisements, attorney’s fees, and right-of-way acquisition costs. 3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is completed installation of additional solar panels, battery storage and electrical and storage efficiency equipment on the Aztlan Center, resulting in lower electrical costs for the facility and a new community resilience resource and potential emergency shelter. In the case of community emergencies, the building will be able to operate independently of ATTACHMENT 3 EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 2 of 5 the power grid to provide shelter as a secondary evacuation site for the Fort Collins region. The Project encourages partnerships with Fort Collins, Larimer County, Red Cross and the community at-large, and demonstrates how grid-interactive building systems can minimize carbon emissions and operational costs during normal operations. Excess solar electricity stored will manage facility demand costs and lower the annual utility bill for the facility. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Fort Collins, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: By: Put Project out to bid. Within 90 days after the Effective Date of this Grant Award Letter. Award and finalize subcontract(s). Within 30 days of bid opening. Provide DOLA with Project Timeline and Bid Tab. Within 30 days after the Effective Date of the subcontract(s). Provide DOLA with Project photos. Prior to Project closeout. Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report July 29, 2022 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among budget lines, so long as the total amount of such “Other Funds” is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such change does not require an amendment or option letter. DOLA will verify the Grantee’s contribution of “Other Funds” and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 3 of 5 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 2nd (Apr-Jun) 2020 July 30, 2020 Yes Yes 3rd (Jul-Sep) 2020 October 30, 2020 Yes Yes 4th (Oct-Dec) 2020 January 30, 2021 Yes Yes 1st (Jan-Mar) 2021 April 30, 2021 Yes Yes 2nd (Apr-Jun) 2021 July 30, 2021 Yes Yes 3rd (Jul-Sep) 2021 October 30, 2021 Yes Yes 4th (Oct-Dec) 2021 January 30, 2022 Yes Yes 1st (Jan-Mar) 2022 April 30, 2022 Yes Yes 2nd (Apr-Jun) 2022 July 29, 2022 Yes Yes 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Katy McLaren, Lead Sustainability Specialist, (kmclaren@fcgov.com), who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. NONE. Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Regional Manager: Chris La May, (970) 679-4501, (chris.la.may@state.co.us) 5.5. DLG Regional Assistant: Robert Thompson, (970) 679-4503, (robert.thompson@state.co.us) 6. FUNDING The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 50% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project Cost do not require modification of this Grant Award Letter and/or Exhibit B. 6.2. Budget Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category 1 Construction/Improvement of Public Utilities $400,000 $200,000 $200,000 Grantee Total $400,000 $200,000 $200,000 EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 4 of 5 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Amount Interim Payment(s) $190,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $10,000 Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total $200,000 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience Page 5 of 5 required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK -1- ORDINANCE NO. 113, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE NORTHSIDE AZTLAN RESILIENCE HUB PROJECT WHEREAS, in the summer of 2019, the Colorado Department of Local Affairs (DOLA) launched the Renewable/Clean Energy Challenge grant program to support energy efficiency efforts that align with needs and opportunities identified by local governments and will help the State of Colorado reach its 2040 100% renewable energy goal; and WHEREAS, DOLA solicited Clean Energy Challenge grant projects with multiple objectives that targeted renewable energy, energy efficiency, and energy conservation efforts; supported innovations in renewable energy, and served populations with the greatest need; and WHEREAS, in December 2019, before the COVID-19 pandemic impacted Colorado communities and City facilities, the City filed a Clean Energy Challenge grant application detailing a $425,000 project to create a resiliency hub at the Northside Aztlan recreation center by adding off-grid energy storage and management capabilities through battery systems to enable operation in emergencies where the electric grid may be impacted (“Northside Aztlan Resilience Hub project”); and WHEREAS, throughout 2020 in response to the COVID-19 pandemic, the City used the Northside Aztlan Center property and facilities for waves of community sheltering and resiliency service efforts, through which the City demonstrated the community need and viability of the proposed Northside Aztlan Resilience Hub project; and WHEREAS, DOLA selected the Northside Aztlan Resilience Hub project for a Clean Energy Challenge grant award of $200,000, conditioned on a $200,000 local fund match by the City, which staff has identified is available in the 2020 Utilities Energy Services budget from anticipated underspending due to the COVID-19 pandemic; and WHEREAS, accepting the DOLA grant funds and commitment of matching funds, in conjunction with Keep Fort Collins Great monies and other community funding, to complete the Northside Aztlan Resilience Hub project will serve utility ratepayers by enabling installation of energy system features in a community emergency facility that will lower demands on the City’s electric grid and leverage outside funding to reduce the financial impact on the Electric Utility enterprise fund (“Light & Power Fund”) for the project; and WHEREAS, appropriating the DOLA grant and other matching and complementary financial resources described in this Ordinance to complete the Northside Aztlan Resilience Hub project benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of ensuring more stable standalone operation of the facility as a community emergency resource center ahead of the next pandemic or emergency; and -2- WHEREAS, Article V, Section 9, of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Light & Power Fund and will not cause the total amount appropriated in the Light & Power Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council, upon recommendation of the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the transfer of $25,000 from the Keep Fort Collins Great Fund to the Light & Power Fund for the Northside Aztlan Resilience Hub project and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the City Manager has recommended the transfer of $200,000 from the Utilities Energy Services operating budget to the Northside Aztlan Resilience Hub project and determined that the proposed transfer is from an account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated grant revenue in the Light & Power Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) for expenditure in the Light & Power Fund for the Northside Aztlan Resilience Hub project and appropriated therein. Section 3. That the unexpended and unencumbered appropriated amount of TWENTY FIVE THOUSAND DOLLARS ($25,000) is hereby authorized for transfer from the Keep Fort Collins Great Fund to the Light & Power Fund for the Northside Aztlan Resilience Hub project and appropriated therein. -3- Section 4. That the unexpended and unencumbered appropriated amount of TWO HUNDRED THOUSAND DOLLARS ($200,000) is hereby authorized for transfer from the Energy Services operating budget to the Northside Aztlan Resilience Hub project. Section 5. That the DOLA Renewable/Clean Energy Challenge grant program terms and conditions, as provided to the City, are approved and agreed to as a condition of accepting the grant funds without entering into a separate grant contract or intergovernmental agreement with the State. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2020, and to be presented for final passage on the 6th day of October, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk