Renew DBQ — Contract with Dubuque County Energy DistrictCity of Dubuque
City Council Meeting
Consent Items # 6.
Copyrighted
April 18, 2022
ITEM TITLE: Renew DBQ — Contract with Dubuque County Energy District
SUMMARY: City Manager recommending City Council approval of a contract with the
Dubuque County Energy District (DCED), related to project
management of the Renew DBQ Solar pilot, which focuses on increasing
access to solar technology for low- to moderate -income (LMI )
residents.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
Contract with Dubuque County Energy District for
Renew DBQ-MVM Memo
Staff Memo
Contract DCED for RENEW DBQ
Type
City Manager Memo
Staff Memo
Supporting Documentation
THE C
DUj!BQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Renew DBQ — Contract with Dubuque County Energy District
DATE: April 11, 2022
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Sustainable Community Coordinator Gina Bell is recommending City Council approval
of a contract with the Dubuque County Energy District (DCED), related to project
management of the Renew DBQ Solar pilot, which focuses on increasing access to
solar technology for low- to moderate -income (LMI) residents.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gina Bell, Sustainable Community Coordinator
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
TO: Mike Van Milligen, City Manager
FROM: Gina Bell, Sustainability Coordinator
SUBJECT: Renew DBQ — Contract with Dubuque County Energy District
DATE: April 1, 2022
Dubuque
MI-Anerisa Cilr
NATIQIAL C]l'll. I J Nilll
1IIII®r
2007-2012*2013
2017*2019
INTRODUCTION
The purpose of this memorandum is to request City Manager approval of a contract with the
Dubuque County Energy District (DCED), related to project management of the Renew DBQ
Solar pilot, which focuses on increasing access to solar technology for low- to moderate -income
(LMI) residents.
BACKGROUND
In July 2021, City Council voted to fund a pilot project to help low-income families access solar
technology. This project includes the City's three-part approach to sustainability by offering a
reduction in monthly bills for low-income residents, an economic multiplier effect and jobs for
local installers and helps the City to reach its 50% by 2030 greenhouse gas reduction goals,
achieving the triple bottom line.
The pilot project will install solar panels on ten LMI homes in Dubuque and create a voluntary
Solar Renewable Energy Certificate (SREC) market. City staff have been working on the project
and have partnered with the Dubuque County Energy District to identify interested parties and
execute solar projects on individual homes.
DISCUSSION
While work has occurred, we have not yet formalized the partnership with the Dubuque County
Energy District to implement the program. This contract will formalize the partnership and direct
funding to the Dubuque County Energy District for the work they have done and will continue to
do related to project management. The contract documents that work began in August 2021 and
will continue through the current calendar year (2022).
BUDGET
The pilot has been funded at $40,710.49 using downtown urban renewal district funds and the
portion going to the DCED in this contract is $7,856.00. The remaining project funding will be
expended via individual SREC contracts with homeowners.
REQUESTED ACTION
I respectfully request the City Manager's approval of contract with Dubuque County Energy
District.
CC: Crenna Brumwell, City Attorney
AGREEMENT
BETWEEN
CITY OF DUBUQUE
AND
DUBUQUE COUNTY ENERGY DISTRICT
THIS AGREEMENT, dated for reference purposes the L day of A orb
2022, is made and entered into by and between the City of Dubuque, Iowa (City)
and the Dubuque County Energy District (Agency).
WHEREAS, Agency represents itself as technically and professionally qualified to
provide outreach and assistance to qualifying property owners in the installation of solar
panels on qualifying residential homes and the transfer of Solar Renewable Energy
Certificate (SRECs) from the property owners to the City of Dubuque within the City of
Dubuque Greater Downtown Urban Renewal District; and
WHEREAS, City has prioritized sustainability and set the goal to reduce
community -wide greenhouse gas emissions by 50% by 2030, including monitoring
progress toward achieving goals and increasing equity; and
WHEREAS, City has deemed it to be in the public interest to provide financial
assistance to be used to cover both general operating expenses of Agency's program
and programmatic support in furtherance of its sustainability goals for the organization
and the community.
NOW THEREFORE, in consideration of their mutual promises hereinafter set forth,
the parties hereto agree as follows:
SECTION 1. SCOPE OF SERVICE Agency shall provide within the City of Dubuque
the following services:
(A) Further City Goals of.
a. Sustainable Environment: Preserving and Enhancing Natural
Resources
b. Livable Neighborhoods and Housing: Great Place to Live
c. Partnership for a Better Dubuque: Building Our Community that is
Viable, Livable, and Equitable.
(B) Maintain and expand outreach on sustainability with the specific goals to:
it
a. Identify ten (10) low to moderate income, meaning 80% Area Median
Income or less, households located in the Greater Downtown Urban
Renewal District for installation of solar panels on their home.
b. Serve as project administrator including outreach, planning,
systems creation, data collection and education related to project
c. Partner with solar installers and financial institutions and seek
additional grant funding to further program impact.
d. Facilitate installation of solar panels on the homes working with
property owners and solar installers.
e. Following installation, provide necessary support and completion of
documents from households and to City in order to facilitate transfer
of Solar Renewable Energy Certificates (SRECs) from the property
owners to City.
SECTION 2. CITY RESPONSIBILITIES
2.1 City designates the Sustainability Coordinator to act as its representative with
respect to the work to be performed under this Agreement, and such person shall have
authority to transmit instructions, receive information, interpret and define City's policies
and provide decisions in a timely manner pertinent to the work covered by this Agreement
until Agency has been advised in writing by City that such authority has been revoked.
2.2 City will provide opportunities to demonstrate this support by inviting the Executive
Director of Agency and any employees working on services covered by this agreement
to participate in the following professional development opportunities and supporting
activities:
(A) The opportunity to be active and engaged participants in Inclusive Dubuque peer
learning opportunities and strategic efforts;
(B) The opportunity to attend intercultural and equity workshops offered by City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within Agency and through Agency's work;
(C)Assistance in creating semi-annual status reports that demonstrate the ways in
which Agency's efforts are advancing equity and inclusion; and
(D)Access to City's equity toolkit.
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SECTION 3. TIME OF PERFORMANCE
August 1, 2021, through December 31, 2022.
SECTION 4. COMPENSATION
The term of this Agreement shall be from
4.1 City shall pay Agency: $7,856.00 as compensation for the services provided by
Agency, which payment shall constitute full and complete compensation for such
services.
4.2 The compensation shall be paid by City to Agency in a lump sum, within ten (10)
days after receipt by City of a requisition of total sum from Agency.
SECTION 5. AUDIT AND EVALUATION Inasmuch as the funds to be provided to
Agency by City are public funds, Agency agrees that it will maintain books of account in
accordance with Generally Accepted Accounting Standards together with necessary
documentation to support all expenditures. The records of Agency, including payroll
accounts and other records of disbursements and receipts, and other records relating to
the performance of the activities herein specified, shall be made available for inspection
by City or any Certified Public Accountant acting on its behalf, in order to ascertain
performance of Agency under this Agreement. Agency agrees to retain such records for
not less than three (3) years.
SECTION 6. REPORTING AND MONITORING
6.1 Agency shall comply with City's Reporting and Monitoring requirements and report
the following information at the end of the pilot project:
• Number of projects completed with participant data as outlined below in 6.2
• If project reduced monthly utility bills for LMI homeowners by 30%
• If project reduced energy burden for LMI homeowners by 6%
• Calculation of city-wide GHG emissions reduction with SREC purchase
6.2 In alignment with the City Council's priority of racial equity, Agency must
demonstrate how their efforts advance equity and inclusion. This should include
program -level data disaggregated, at a minimum, by race, and also by any other
demographic Agency has prioritized. Agency should also identify community -level
outcomes in which they are actively working to advance the racial disparity.
6.3 The report shall be due 30 days after the last installation of solar array during the
pilot project. Such report shall include a performance report on the program supported
by City funds and a financial report on the use of City funds.
3
6.4 If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit report within sixty (60) days of audit completion. The Audit shall be submitted
as either an electronic or paper document to the Sustainability Coordinator.
SECTION 7. DISCRIMINATION
7.1 In carrying the services under this Agreement, Agency shall not discriminate
against any employee or applicant for employment because of age, color, familial status,
gender identity, marital status, mental/physical disability, national origin, race,
religion/creed, sex, or sexual orientation.
Agency shall take affirmative action to ensure that applicants for employment are
employed and that employees are treated during employment without regard to age,
color, familial status, gender identity, marital status, mental/physical disability, national
origin, race, religion/creed, sex, or sexual orientation.
Such action shall include but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
7.2 Agency agrees and will undertake whatever affirmative measures are necessary
so that no person shall be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activities funded in whole or in part with
any of the funds made available to Agency under the terms of this Agreement because
of age, color, familial status, gender identity, marital status, mental/physical disability,
national origin, race, religion/creed, sex, or sexual orientation.
SECTION 8. TERMINATION OF AGREEMENT If, through any cause, Agency
shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if
Agency shall violate any of the covenants, agreements or stipulations of this Agreement,
City shall thereupon have the right to terminate this Agreement by giving written notice to
Agency of such and specifying the effective date thereof not less than thirty (30) days
before the effective date of such termination. If Agency shall fail to cure its default to the
satisfaction of City in City's sole discretion within such thirty (30) day period, this
Agreement shall be deemed terminated at the end of such thirty (30) day period without
further action of either party.
Upon termination of this Agreement, Agency shall return to City all unexpended funds
and/or any funds utilized for purposes other than stated in the Agreement.
El
SECTION 9. ASSIGNABILITY Agency shall not assign any interest in this Agreement
without the prior written approval of City.
SECTION 10. INSURANCE At the time of execution of this Agreement by Agency,
Agency shall provide City copies of Agency's insurance certificates showing compliance
with the insurance requirements of Insurance Schedule G, included as Exhibit A.
CITY OF DUBUQUE
Brad M. Cali?n;gh, Mayor
WITNESS
Adrienne N. Breitfelder, tity Clerk
DUBUQUE COUNTY ENERGY
DISTRICT
-.. IW2= -
Theothoros Giannakouros, Board Chair
bj
Created By: Sign Doc
EXHIBIT A
INSURANCE SCHEDULE
INSURANCE SCHEDULE G
1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the contract commencement. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Insurance Division or an
equivalent. Each certificate shall include a statement under Description of Operations as to why
the certificate was issued. Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The service provider must
identify or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and
maintain such coverage. The City may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
7
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit$1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence)$50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers'
Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
C)
D)
E)
F)
INSURANCE SCHEDULE G (continued)
POLLUTION LIABILITY
Coverage required: —Yes _*_ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _*_ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
CYBER LIABILITY/BREACH $1,000,000
Coverage required: _ Yes _*_ No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
UMBRELLA/EXCESS $1,000,000
Coverage required: Yes —*—No
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
A
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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