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
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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:
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