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HomeMy Public PortalAbout150_020_Tybee_MOU_draft_v4 5: TLARIZF TYBEE City of Tybee Island &Tybee Island Community Resource Committee PO Box 2749,403 Butler Ave Jason Buelterman, Mayor Tybee Island,GA 31328 Diane Schleicher,City Manager (912)786-4573 Paul Wolff,City Councilman solarizetybee @gmail.com Kathryn Propst, Chair, Community Resource http://www.solarizetybee.org Committee Solarize Tybee Agreement This agreement (Agreement) will set forth the mutual understanding and agreement between The City of Tybee Island, Georgia a/k/a "Solarize Tybee" (the City of Tybee Island, GA and the Tybee Island Community Resource Committee) and (the "Installer") regarding the Installer's and associated team participation in the Solarize Tybee Program, and shall be in effect as of February , 2015 (Effective Date). 1. Solarize Tybee Program a) Installer and Solarize Tybee agree to work cooperatively to implement the Solarize Tybee Program (the "Program") specified in the RFP to drive adoption of solar PV projects. The Program will be open to all residents, businesses, and governmental entities within Chatham County (the "Community"), provided the governing body in each jurisdiction does not object to having its citizens participate. b) Installer agrees that the term of this Agreement begins as of the Effective Date. 2. Solarize Tybee Commitment To the extent possible, and within the constraints of law, Solarize Tybee will: a) Assist the Installer with marketing, outreach, Solar 101 educational workshop/s, and solar open homes. b) Coordinate and attend meetings as necessary between Solarize Tybee and Installer. 3. Installer Commitment and Deliverables Installer agrees to meet the following terms and conditions: a) Cooperate and collaborate with Solarize Tybee; b) Provide customers in the Community with pricing available at the appropriate tiered level and provide tiered pricing reductions as outlined and updated in Installer's competitive bid to all customers under the Program dated February 3, 2015. Appropriate tiered pricing must be applied to projects at the time contracted capacity level is met for the tier. Installer's contracts with customers must clearly indicate that final pricing is dependent on the final Solarize Tybee pricing tier that is achieved; contracts must specify how costs for each customer will be calculated, collected, and/or partially rebated; c) Track the pricing associated with each project, and justify in detail why any specific project requires an add-on cost; d) Track contracted capacity under the Program; e) Recommend alternative opportunities for customers without feasible sites for solar PV project; f) Provide weekly metrics which include, but are not limited to, the number of leads generated, the percent of leads contacted, the number of feasible project sites identified, the percent of feasible sites contacted, the number of contracted projects, and the tracked information maintained by Installer listed in subsections c) and d); g) Provide, prior to performing work, all contact information for subcontractors and their individual employees not listed in the original proposal; h) Lead and participate in appropriate marketing and outreach events within the Community; i) Insert the following language into every contract the installer has with any customer: DISCLAIMER/WAIVER OF LIABILITY: Customer(s) is/are aware that the City of Tybee Island, Georgia, a municipal corporation, and its elected officials, committees (including the Community Resource Committee), officers, directors, attorneys, divisions, affiliates, agents, employees, volunteers, successors, and assigns (hereafter "City"), are not responsible for the Work of the Company, Installer's employees, subcontractors, successors and assigns (hereafter "Installer"). Customer understands that the City does not endorse nor represent the Company. For and in consideration of the efforts on behalf of the City in facilitating this opportunity to participate in Solarize Tybee and the competitive tiered pricing structure offered by Company, which would not otherwise be possible if it were not for the City, Customer(s), Customer'(s) heirs, assigns, and any other person claiming by or through Customer(s), agree to waive any claims against the City, including any claims which Customer(s) may have against Page 2 of 3 Company. Customer shall not seek to recoup from the City any costs, expenses, or damages incurred by them, and will not bring any claim or suit for any losses, damages, lien, or other cause of action, which in any way relate to or arise out of the Work performed by Company, or the actions or inactions taken by the City in connection with Solarize Tybee. Customer has read and understands this DISCLAIM/WAIVER and executes it voluntarily. 4. Terms and Conditions a) With sixty (60) days written notice, this Agreement may be terminated by Solarize Tybee for any reason; b) All conditions, duties and obligations contained in this Agreement may be amended only through a written amendment signed by Solarize Tybee and Installer; c) Installer shall not assign or in any way transfer this Agreement without the prior written consent of Solarize Tybee. d) To the fullest extent permitted by law, Installer agrees to indemnify and hold harmless the City of Tybee and its elected officials, officers, employees and volunteers, and Solarize Tybee, its officers, employees and volunteers and others working on behalf of Solarize Tybee ("indemnified parties"), against any and all claims, demands, suits or loss, including all costs connected therewith, specifically including but not limited to all liability, loss, claims, damages, fines, penalties, costs and expenses related to or arising out of the Program and for any damages which may be asserted, claimed or recovered against or from the indemnified parties, their/its officers, employees, volunteers or others working on behalf of the indemnified parties. The undersigned is a duly authorized representative of the Installer with the authority to bind the company for the proposed Solarize Tybee Program. The Installer has read and understands the RFP requirements. The undersigned acknowledges that all of the terms and conditions of the RFP are required. I certify that the information contained in this Proposal or any part thereof, including its exhibits, schedules and other documents or instruments delivered or to be delivered to Solarize Tybee, is true, accurate and complete. CITY OF TYBEE ISLAND: INSTALLER: By: By: Date: Date: Page 3 of 3