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Trailhead Energy Contract_Georgetown University Engery Prize Copyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Trailhead Energy Contract SUMMARY: City Manager recommending approval of the execution of a contract with Trailhead Energy to complete work related to Dubuque's competition as one of 52 semi-finalists for the Georgetown University Energy Prize. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Trailhead Energy Contract-MVM Memo City Manager Memo ❑ Staff memo Staff Memo ❑ Trailhead contract Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contract with Trailhead Energy for Georgetown University Energy Prize DATE: August 12, 2015 Sustainable Community Coordinator Cori Burbach recommends City Council approval of the execution of a contract for $10,000 with Trailhead Energy to complete work related to Dubuque's competition as one of 52 semi-finalists for the Georgetown University Energy Prize. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Cori Burbach, Sustainable Community Coordinator THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael Van Milligen, City Manager FROM: Cori Burbach, Sustainable Community Coordinator SUBJECT: Contract with Trailhead Energy for Georgetown University Energy Prize DATE: August 11, 2015 INTRODUCTION The purpose of this memo is to recommend the execution of the attached contract with Trailhead Energy to complete work related to Dubuque's competition as one of 52 semi- finalists for the Georgetown University Energy Prize (GUEP). BACKGROUND The GUEP is a new challenge initiated in 2013 by Georgetown University to incent small to medium-sized cities to implement creative strategies to reduce energy use in residential, municipal, and K-12 school buildings. In 2014, the City of Dubuque reached out to Alliant Energy and Black Hills Energy to explore the opportunity to join the competition. After working with our utility partners to gather data about existing energy use patterns and meeting with additional partners working in the energy efficiency space, the City submitted a letter indicating our intent to compete in the program. Of over 200 communities that indicated interest, 52 communities, including Dubuque, were chosen as semi-finalists. These 52 communities will compete to reduce energy use in residential, municipal, and K-12 schools in 2015-2016, using 2013-2014 data as a baseline. At the end of that competition, ten communities will be chosen, based on energy use reduction, to advance to a finalist round where they will be asked to submit a final report of the work completed during the competition. In addition to the environmental and economic benefits all communities will experience by participating in the program, the GUEP will award one community $5 million at the end of the competition based on a combination of the energy use reduction and community's final report, which will include information regarding: competition performance, innovation, potential for replication, likely future performance, equitable access, community engagement, education, and overall success. The timing for the GUEP competition aligns well with Dubuque's commitments to energy efficiency and renewable energy. Notably, the following goals and programs can be leveraged to support Dubuque's competition in the GUEP: • The 50% by 2030 Community GHG Reduction plan includes recommendations for energy efficiency in residential and municipal buildings. • The City is currently participating in the Iowa Community Energy Management Program, which will assist us in developing an action plan for energy efficiency in our own facilities. • The Dubuque Community School District, Holy Family Schools, and City of Dubuque all have significant capital improvements planned that will decrease our energy use per square foot. • Programs including Operation New View's Low Income Heating Assistance Program and Green Iowa Americorps provide hands-on assistance for residents to decrease energy use. • Alliant and Black Hills have robust community programs available, including audits, rebates, community education, and financing, that can all be leveraged. Trailhead Energy is a newly-launched Dubuque non-profit whose mission is to promote energy efficiency and renewable energy solutions for homeowners, nonprofits, churches, schools, municipalities and commercial building owners. Lead by Eric Coffman and Carrie Lohrmann, PE, Trailhead Energy currently manages the Grants to Green program at the Community Foundation of Greater Dubuque and will launch additional community energy education initiatives in the fall of 2015. DISCUSSION Alliant Energy, Black Hills Energy, the Dubuque Community School District, Holy Family Schools, Green Vision Schools, Trailhead Energy and the City have all committed to participating in the GUEP. This partnership will utilize a collective impact model to compete in the GUEP, relying on existing outreach initiatives, financing, staffing, and resources with the goal of reducing energy use in residential, municipal, and K-12 school facilities in 2015-2016. However, the group has identified a need for one organization to facilitate the work of the group, organizing meetings, coordinating and implementing public outreach efforts, and collecting and analyzing data. For that reason, I am recommending execution of the attached contract with Trailhead Energy. Through the activities laid out in the contract, Trailhead Energy staff would work with me to facilitate the work of the partners listed above and the requirements as a semi-finalist of the GUEP. BUDGETIMPACT The Sustainability Department budget experienced a $9,000 savings in the FY15 budget by not using all of the line item devoted to hiring a temporary intern. That savings, in addition to $1 ,000 from the current year's intern budget, are recommended as the funding source to hire Trailhead Energy. This efficient and effective use of funds is recommended, as Trailhead staff are experienced in energy efficiency and outreach work and have experience partnering with the organizations listed above. They are highly capable to complete the work which City staff do not currently have the capacity to do with limited orientation and direct supervision, which would be required of an intern. 2 REQUESTED ACTION I respectfully recommend approval to execute the attached contract with Trailhead Energy to complete work related to Dubuque's competition as one of 52 semi-finalists for the Georgetown University Energy Prize (GUEP). 3 CONSULTING AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND TRAILHEAD ENERGY. This Consulting Agreement (the "Agreement"), dated for reference purposes this day of4 q - , 2015, is by and between the City of Dubuque, Iowa ("City"), a municipal corporation, and Trailhead Energy ("Consultant"). WHEREAS, the City of Dubuque is one of fifty (50) semi-finalists in the Georgetown University Energy Prize competition, which challenges communities to compete over a two (2) year period to reduce energy use in residential, municipal, and kindergarten through twelfth grade (K-12) public and private schools; and WHEREAS, the City seeks a professional and technical consultant who can coordinate work of all engaged stakeholders, perform public outreach efforts related to energy efficiency, and coordinate data collection related to energy efficiency; and WHEREAS, Consultant represents it is duly qualified and willing to perform such professional and technical services set forth in this Agreement. NOW THEREFORE, it is agreed by and between the parties hereto as follows: SECTION 1. SCOPE OF CONSULTANT'S SERVICES. 1.1 Coordinate Stakeholder Team. In coordination with City Sustainability Coordinator, Consultant will facilitate regular meetings and correspondence with the key stakeholders that include Alliant, Black Hills, City of Dubuque, Operation New View, and Dubuque Community Schools District, and Holy Family Schools. Consultant will provide regular updates to all partners on community progress. 1.2 Expand Public Education Campaign. Consultant will execute the following energy efficiency public education campaigns, taking into account feedback provided by stakeholder team: 1) Execute Energize Dubuque campaign to generate wider residential exposure and participation in energy efficiency and renewable energy programs. 2) Facilitate creation of Dubuque Cool Congregations chapter in partnership with local religious organizations. 1.3 Support Partner Programs and Efforts to Reduce Energy Use. Consultant will support City and additional stakeholders to implement and expand existing programs which have the potential to reduce energy use in residential, municipal, and K-12 school buildings: 1) Work closely with Green Iowa AmeriCorps (managed by City of Dubuque and Operation New View) to support the Energize Dubuque campaign and complete energy efficiency audits and weatherizations. 2) Work closely with Green Vision Education to support their focus on energy education in 2015-2017. 3) Utilizing data required for the Georgetown University Energy Prize, assist City and school officials in planning energy efficiency improvements as requested. 1.4 Technical Support. Consultant will support Alliant Energy and Black Hills Energy to deliver data required by competition on a timely basis, as well as mine the data for indicators of performance and quality assurance. 1.5 Outreach. Consultant will assist City to develop and review press materials related to the competition. 1.6. Competition Reporting. Consultant will assist City in completing any reports as required by the Georgetown University Energy Prize, including but not limited to a final report if Dubuque is chosen as a finalist. Consultant will document stakeholder activity and prepare quarterly reports on community energy use to assist in the preparation of the final report. SECTION 2. CITY'S RESPONSIBILITY. The City is the primary contact for the Georgetown University Energy Prize and is responsible for communicating with Prize coordinators, submitting all required reports and data on behalf of Dubuque stakeholders, and reviewing any outreach efforts and initiatives prepared by the Consultant. City, to the extent permitted by law, will provide to Consultant all records, files and information needed for the project upon Consultant's reasonable request. SECTION 3. TERM OF AGREEMENT. Consultant will assist the City through the end of the competition on December 31, 2016. If City is chosen as a finalist, the Consultant will assist the City in preparing the final report, which will be completed by June 30, 2017. SECTION 4. TERMINATION. 4.1 City may terminate this Agreement for any reason, with or without cause, upon seven (7) calendar days' written notice to Consultant. If City terminates this Agreement prior to completion of the Scope of Services, Consultant will be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the maximum compensation amount provided in Section 7. 4.2 Upon termination of this Agreement, Consultant must furnish copies of all notes, charts, computations, press releases, outreach materials, and any other data prepared or 2 obtained by Consultant pursuant to this Agreement without cost, and without restriction or limitation. Consultant will not be liable for City's use of such documents on other projects. SECTION 5. INSURANCE AND INDEMNIFICATION. 5.1 During the term of this Agreement, Consultant must maintain insurance as set forth in the attached Insurance Schedule A. Consultant must present a certificate of insurance to City prior to beginning work on this project. 5.2 Consultant will indemnify and hold harmless City, its officers, agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Agreement to the extent caused in whole or in part by actions, negligent acts or omissions of Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant, Consultant's subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. SECTION 6. CONFIDENTIAL INFORMATION. All business, technical, creative and financial information Consultant learns or obtains in connection with this Agreement and services performed hereunder that is related to City or that is received by or for City in confidence, constitutes "Confidential Information." Consultant will hold in confidence and, except in performing services for City, not disclose or allow such Confidential Information to be disclosed. Consultant will not at any time during the term of this Agreement or any time thereafter divulge Confidential Information in any manner to any person other than Consultant's employees or agents with a legitimate need to know in order to perform services for City. Consultant's employees and agents have no expectation of privacy with respect to City's telecommunications, networking or information processing systems and any activity, files or messages on or use of those systems may be monitored at any time. Confidential Information does not include any information that: i) is or becomes within the public domain through no act of Consultant; ii) was in the possession of Consultant prior to its disclosure under this Agreement as shown by written records; iii) is independently developed by Consultant without reference to any Confidential Information; iv) is received from a source other than City or its affiliates, employees, agents, subcontractors or consultants without any restriction on its use or disclosure, as shown by written record; or v) is required by law to be disclosed in the written opinion of Consultant's legal counsel. SECTION 7. COMPENSATION FOR SERVICES. Consultant will be paid consideration in the total amount of ten thousand dollars ($10,000.00) for all services performed pursuant to this Agreement in increments of $625.00 per month. All compensation and reimbursement will be paid in a timely manner. However, failure of Consultant to satisfactorily perform in accordance with this Agreement will constitute grounds for City to withhold payment in an amount determined by City to be sufficient to properly complete the project in accordance with this Agreement. 3 SECTION 8. FORCE MAJURE. A party's performance under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of actions due to causes beyond its reasonable control such as, but not limited to, acts of God, the acts of civil or military authority, Toss of potable water source, floods, quarantine restrictions, riots, strikes, commercial impossibility, fires, circumstances reasonably beyond the control of the party obligated to perform, whether such other causes are related or unrelated, similar or dissimilar, to any of the foregoing. In the event of any such force majeure, the party unable to perform shall promptly notify the other party of the existence of such force majeure and shall be required to resume performance of its obligations under this Agreement upon the termination of the aforementioned force majeure. SECTION 9. NOTICE. All notices and correspondence related to this Agreement must be sent to the following: Consultant: City: Eric Coffman Executive Director Trailhead Energy 3395 Ashly Lane Dubuque, IA 52002 Michael C. Van Milligen City Manager 50 West 13th Street Dubuque, IA 52001-4845 Cori Burbach Sustainability Community Coordinator 50 West 13th Street Dubuque, IA 52001-4845 SECTION 10. MISCELLANEOUS. 10.1 Consultant must not discharge or refuse to hire any individual because of race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Consultant must not discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Consultant must prohibit any contractors or subcontractors hired by Consultant in connection with this Agreement from committing any of the discriminatory employment practices described herein. 10.2 This Agreement shall be binding upon the successors and assigns of the parties and may not be assigned without the written consent of both parties. 4 10.3 Consultant must comply with all applicable state, federal, .and local laws and ordinances in the performance of this Agreement. 10.4 If any part of this Agreement is found invalid, the remaining parts of this Agreement will be deemed valid and severable and shall continue in full force and effect. 10.5 Consultant acknowledges that Iowa Code §3625 prohibits a City officer or employee from having an interest in a contract with City, and certifies that no employee or officer of City, which includes members of the City Council and City boards and commissions, has or will have a prohibited interest, directly or indirectly, in this Agreement. 10.6 This Agreement is governed by the laws of the State of Iowa and venue for any action with respect to this Agreement will be in Dubuque County, Iowa. CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen, City Manager 5 TRAILHEAD ENERGY By: Eric Coffman, President