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2023-245-E-AMS-Town of Chapel Hill-EV Garbage Truck
COMMUNITY CLIMATE ACTION GRANT PERFORMANCE AGREEMENT THIS AGREEMENT, made and enter ed into the first day of June, 2023, (“Effective Date”) by and between the County of Orange, a political subdivision of the State of North Carolina, Post Office Box 8181, Hillsborough, North Carolina, 27278, ("County") and Town of Chapel Hill, a legal entity corporation, located at 405 Martin Luther King Jr. Blvd, Chapel Hill, NC 27514 (“Provider”). WITNESSETH: WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need, as identified by the Board of Commissioners. NOW, THEREFORE, in consideration of the ab ove and the mutual covenants and conditions hereafter set forth, the County and Provider agree as follows: 1. Term of the Agreement. The term of this Agreement shall be two years beginning June 1, 2023 to June 1, 2025. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Community Climate Action Grant Program Application and any amendments or revision thereto which is attached as Exhibit “A” and incorporated by reference, to the residents of Orange County. The Scope of Services and the Program Budget may be different from the original application based on County appropriation; however, any revisions or amendments to this Agreement must be approved in writing by the County and attached to this Agreement as Exhibit B. b. The Pr ovider shall be solely responsible for the means, methods, techniques, sequence, safety program and procedures necessary to properly and fully complete the work set forth in the Scope of Services. 3. Funding. a. The County agrees to appropriate for the provision of services described in Exhibit A, the Community Climate Action Grant Program Performance Application, Exhibit B, the Revised, Scope of Services and more particularly described in the Revised Program Budget, the maximum sum of $50,000. b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not used for the purposes stated shall be returned to the County. Any changes in the use of funds must be authorized in writing by the County prior to any expenditure of the funds by the Provider. If the funds are expended not in accordance with the Scope of Services, at the discretion of the County the Provider may be required to repay the funds to the County. c. The Prov ider shall be paid in installments in the amount of See Exhibit C to be paid as follows: See Exhibit C. The first payment is contingent upon receipt of the agency’s performance agreement; the remaining payments are contingent upon receipt of the request for reimbursement and r elated supporting documentation and performance outlined in the Revised Scope of Services and Project Budget in Exhibit B. If the project described in Exhibit A requires funds to be provided on a different or more accelerated schedule, the Provider may request an alternative payment schedule, which if approved, will be attached to this Agreement as Exhibit C, Alterative Payment Schedule. Should an Alternative Payment DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C schedule be approved, the Provider will still be required to submit quarterly Progress Reports for the duration of the Term of the Agreement. d. The County’s obligation to make the quarterly payments is contingent upon receipt of Progress Reports, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Exhibits B and C. e. Once Provider has satisfied its obligations as provided in (c) payment will be made 21 days after receipt of the Progress Report and Request for Reimbursement or 21 days after due date of Progress Report whichever is later. f. The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. a. Provider will provide Orange County a Progress Report that includes a fiscal report and updates on performance measures as outlined in Exhibit B, Revised Scope of Services. . Progress Report dates are: April 1-June 30, July 1-September 30, October 1-December 31 and January 1-March 31. Reports are due on July 15, October 15, January 15 and April 15 of the program fiscal year. b. Provider agrees to allow the County to inspect its financial books and records, which document costs of those services, upon reasonable notice during normal working hours. 5. Termination. a. Termination for Cause. In the event of any of the circumstances set forth below (hereinafter referred to as “default”), the County may immediately terminate this Agreement, in whole or in part, and from time to time. Notice of termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination: i. In the event that Provider shall cease to exist as an organization or shall enter bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered; or iii. In the event of any fraudulent representation by the Provider in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iv. Nonperformance, incomplete service or performance, or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement, as determined by the County in its sole discretion. v. Failure to adhere to the terms of applicable county, state or federal laws, regulations, or stated public policy. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C b. In the event of default by the Provider, the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within ten (10) business days from written notice of default. The County may (but shall not be required to) grant the Provider an opportunity to cure the default without termination of this Agreement. This clause shall not be interpreted to limit the County’s remedies in law or in equity. c. Notwithstanding the foregoing, either party may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination and any unused funds shall be returned to the County within 10 days of termination. d. Any termination of this Agreement for default under this section that is later deemed to be unjustified shall be deemed a termination for convenience. e. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 6. Responsibilities of the County. Cooperation and Coordination. The County has designated (Amy Eckberg) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance. a. General Requirements. The Provider shall purchase and maintain, during the period of performance of this Agreement, insurance: i. Worker’s Compensation. For protection from claims under workers' or workmen's compensation acts; ii. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; iii. Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and iv. Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Consultant or his agents, consultants and employees. v. Sexual Misconduct. Sexual Abuse/Molestation Insurance is required when Provider works directly one-on-one with children, elderly or other at-risk populations. b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A - Statutory State NC & Coverage B - Employers Liability $500,000 each accident, disease policy limit and disease each employee • Commercial General $1,000,000 Each Occurrence Liability $2,000,000 Aggregate • Automobile Liability $500,000 Combined Single Limit • Professional Liability $1,000,000 Each Occurrence $2,000,000 Aggregate • Sexual Misconduct $1,000,000 Each Occurrence $2,000,000 Aggregate c. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party and as a certificate holder. For more information see the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements, (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough, NC 27278 d. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity defenses. 8. General Provisions. a. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. b. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by Orange County the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended and the Orange County Non -discrimination Policy, which is incorporated herein by reference and can be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The County may enforce this provision by an action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies if funds to pursue the same goal. The Orange County Living Wage Policy, which is incorporated herein by reference, can be viewed at: http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The County’s living wage is $16.60 per hour. To the extent possible, Orange County recommends that Provider provide a living wage to its employees. e. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. f. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, ordinances, orders and regulations of the federal, state or local governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following execution of this agreement. g. Subcontract. The County and Provider deem the services provided under this Agreement to be personal in nature and Provider may not subcontract any rights or duties under this Agreement to any other party without prior written consent from the County. h. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of the County. i. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of the Provider, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this s ection to require Provider to indemnify the County to the extent permitted under North Carolina law. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity defenses. j. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. k. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C l. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. m. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Town of Chapel Hill Attention: Amy Eckberg Attention: Brennan Bouma P.O. Box 8181 Address: 405 Martin Luther King Jr. Blvd. Hillsborough, NC 27278 Chapel Hill, NC 27514 Email:aeckberg@orangecountync.gov Email: bbouma@townofchapelhill.org n. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, the Orange County and the Provider have signed this Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of the Provider _____________________________ _______________________ , Date For and on behalf of Orange County Government _______________________________ ________________________ Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C , Deputy Town ManagerMary Jane Nirdlinger 5/22/2023 6/7/2023 Town of Chapel Hill [The Town of Chapel Hill is the vendor in this grant agreement] Vendor/Contractor Name: Vendor # Return To: Brennan Bouma Department: Manager’s Office Contract # From Munis Contract Entry TOWN OF CHAPEL HILL ROUTING FORM Date Received Date Forwarded Initials Department Head (Review & Approve) Purchasing & Contracts Manager Finance Officer (Per Budget Act) Legal Review (Legal Services Administrator) (Legal – Form and Authorization) Deputy/Town Manager (If Required) Town Clerk (Attest, Date and Notarize) Purchasing & Contracts Mgr (Distribution and Mailing) Deadline for Signing: None G/L Account Number(s): 23501-44230 Contract Dollar Amount(s): $50,000 Special Distribution Instructions Contract routing and approvals conducted through DocuSign. Once complete, Brennan Bouma will provide a fully executed copy to the Town of Chapel Hill’s Purchasing and Contracts Office. Notes/Explanation The Town of Chapel Hill is providing a service to Orange County (Electric Garbage Truck Pilot) per an approved Community Climate Action Grant project. Print Form Document Name/Title: Orange County Community Climate Action Grant - EV Garbage Truck Pilot Bid # (If applicable) N/A Department: Manager’s Office Contact Person: Brennan Bouma Phone Number: 919-969-5011 DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C 5/17/2023 5/17/2023 5/17/20235/17/2023 5/18/20235/18/2023 5/18/2023 5/18/2023 5/18/20235/18/2023 5/22/20235/22/2023 5/24/20235/24/2023 6/5/2023 6/5/2023 Vendor Mailing Address/Telephone Town of Chapel Hill 405 Martin Luther King Jr Blvd Chapel Hill, NC 27514 919-968-2743 Form Revised 12/2017 Please do not remove form if revisions to document are necessary DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Town of Chapel Hill Signature Page from Small Service Contract (Revised 9/2019): This Contract is between the Town of Chapel Hill and Orange County for the Community Climate Action Grant awarded to the Town for their proposed EV Garbage Truck Pilot (see Exhibit A). IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. Orange County Bonnie Hammersley, County Manager SIGNATURE PRINTED NAME & TITLE Joseph Herrin, Staff Attorney WITNESS PRINTED NAME & TITLE TOWN OF CHAPEL HILL DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: TOWN CLERK TOWN SEAL Town Clerk attests date this the day of , 20 . Approved as to Form and Authorization ATTORNEY FOR TOWN This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE OFFICER DATE DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C 5/18/2023 Mary Jane Nirdlinger, Deputy Town Manager 24 2023May ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Town of Chapel Hill Vendor Contact Person: Brennan Bouma Phone: 919-969-5011 Address: 405 Martin Luther King Jr. Blvd. City Chapel Hill State: NC Zip: 27514 Department: Asset Management Services Amount: $50,000 Purpose: EV Garbage Truck Budget Code(s): 61370035-803078-30052 Vendor # 64 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes X No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 6/1/23 End Date 6/1/25 Notice Date (Notice Purpose ) Award X Approved by Board (Agenda Date: 1/17/23); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C 6/5/2023 6/6/2023 6/7/2023 Exhibit A Provider’s Outside Agency Application -Community Climate Action Grant Proposal -Agenda – 1.17.23 BOCC Board Meeting – Item 6b DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Exhibit B Community Climate Action Grant Program’s Revised Scope of Services and Program Budget TOWN OF CHAPEL HILL Office of Sustainability and Resilience 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514- 5705 sustainchapelhill.org (919) 969-5075 MEMORANDUM To: Orange County Sustainability Program From: John Richardson, Community Resilience Officer Date: May 11, 2023 Subject: Revised Scope of Services and Program Budget – Electric Garbage Truck Pilot The scope of the project in the original Community Climate Action Grant (CCAG) application (see Exhibit A) was $74,600 to help cover the costs of purchasing and pilot-testing both an electric garbage truck and a set of electric landscaping equipment. After review, Orange County decided not to support the electric landscaping equipment pilot, and did approve funding support for the electric garbage truck pilot. The revised project budget is now $50,000 to cover “Cost match assistance for electric garbage truck and charging station,” in service of pilot-testing that vehicle and charger and proactively sharing the results with local government partners in the County. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Exhibit C Community Climate Action Grant Payment Schedule TOWN OF CHAPEL HILL Office of Sustainability and Resilience 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514- 5705 sustainchapelhill.org (919) 969-5075 MEMORANDUM To: Orange County Sustainability Program From: John Richardson, Community Resilience Officer Date: May 11, 2023 Subject: Alternative Payment Schedule – Electric Garbage Truck Pilot While the overall electric garbage truck pilot will take place over the course of a year, the equipment needs to be purchased to begin the project. The main grant supporting the 45% of the truck and charger purchase is a reimbursement-based grant meaning that this large amount of grant support will come at the end of the project. To reduce the impact of this large outlay of funds, the Town of Chapel Hill requests that the Orange County project funds be transferred at the beginning of the project, as follows: Quarter 1: $50,000 Quarter 2: $0 Quarter 3: $0 Quarter 4: $0 Total: $50,000 DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Climate Action Grant Program Revised 05/23 Page 14 of 10 ATTACHMENT “A” Orange County Certifications – FY 2022-2023 Community Climate Action Grant Performance Agreement Chief Contact, Administrators, Chief Executive Officer and Chief Financial Officer I certify that I have provided a list of the chief contact, administrators, chief executive officer and chief financial officer for my agency with this Agreement and that I will keep it current to the County of Orange. The list should be in writing with the name, title, residential address; phone and email address and if possible, fax number. Officers and Board of Directors I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and that we will continue to update the list as changes occur. The list should be in writing, with the name, physical address, mailing address and if possible, phone, fax and email address. Budget Submission I certify that I have provided a budget for the period to be covered by funding Orange County, and that any substantive changes made to this budget have been in advance authorized in writing by Orange County. Annual Financial Review I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget adopted by the agency for the fiscal years encompassing this Agreement. If not, please explain on a separate sheet of paper. Alignment with Organization’s Mission I certify that the programs and services for which this funding is requested align with the mission of the organization. Intended Purpose I certify that the funds provided to the agency under the terms of this Agreement will be used for a public purpose and shall only be used for the purposes intended and any money not used for those purposes will be promptly returned to Orange County. Certified by: _______________________ Title: __________________________ Date: ___________ (Provider’s Signature) DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C 5/22/2023, Deputy Town Manager Page 1 of 21 Community Climate Action Grant Program Application 2022-2023 SUBMISSION CHECKLIST Primary Applicant Organization: ____Town of Chapel Hill__________________________ Project Name: _Fleet Electrification Pilots__________________________________________ Section Subsection Cover Page Applicant and Collaborator/Partner Contact Information Funding Request Summary Signed Application Cover Page Disclosure Signed Disclosure of Conflicts of Interest and Clause Applicant Organization and Collaborator Information Applicant organization’s Date of Incorporation (if applicable) Applicant organization’s Purpose/Mission (if applicable) Living Wage Schedule of Positions (if applicable) Project Information Project Name Project Description and Climate Plan Alignment Collaborator Information (if applicable) Criteria-Specific Sections 1-7 Attachments (A description of these items is available on page 13: “Description of Required Attachments.” Please contact us if it will not be possible to provide any of these required attachments at the time of application: aeckberg@orangecountync.gov Applicant Organization’s Annual Budget and Proposed Project Budget (Use template provided) Applicable Financial Records to prove eligibility: IRS Federal Form 990 or Applicant Organization’s Tax Returns from 2021 Applicable Financial Records to prove eligibility of collaborator/partner (if they are receiving project funds): IRS Federal Form 990 or Tax Returns from 2021 List of members of organization’s Governing Board (if Board exists) Certificate of Insurance DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 2 of 21 COVER PAGE Applicant Organization’s Contact Information Organization’s Legal Name: Town of Chapel Hill Physical Address: 405 Martin Luther King Jr Blvd Mailing Address: 405 Martin Luther King Jr Blvd Web Address: https://www.townofchapelhill.org/ Telephone Number: 919-968-2743 E-Mail: info@townofchapelhill.org Tax ID Number: 56-6001199 Funding Request Summary Please list all Fiscal Year 22-23 Community Climate Action Grant funding requested for the project you are proposing and the proposed use of funds (please list project name only). Applicants will be asked to provide more details on their proposed project budget in the Budget Worksheets attachment. Project Equipment Operations Personnel Total Fleet Electrification Pilots $74,600 $74,600 Briefly explain your proposed use of funds (2-4 sentences): To the best of my knowledge and belief all information and data in this application is true and current. Signature: 8-19-2022 Applicant’s Authorized Signatory Date The requested funds will be used to help purchase and pilot test 1 electric garbage truck and 1 electric commercial mower with charging support equipment. These vehicles will replace older fossil fuel vehicles currently operating in the fleet. Lessons learned from operating this newly available equipment will be proactively shared with all other local governments in Orange County to help inform our shared interest in adding more electric vehicles to our fleets and better prepare all parties to take advantage of upcoming federal funding opportunities. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 3 of 21 DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND NON- DISCRIMINATION CLAUSE Are any of the Board Members or employees of the organization which will be carrying out this project or their named project collaborators/partners or members of their immediate families, or their business associates: YES NO a) Employees of or closely related to employees of Orange County? b) Members of or closely related to members of the governing bodies of Orange County? c) Current beneficiaries of the program for which funds are being requested? d) Paid providers of goods or services to the program or having other financial interest in the program? If you have answered YES to any question or know of any other potential conflict of interest regarding your application, please provide a full explanation here: There are Town employees who are closely related to employees of Orange County, though these staff members are not working on this project directly. Town Board Members and employees who live in Chapel Hill could benefit from this project indirectly through reduced operational expenses/tax burden over time. NON-DISCRIMINATION Provider agrees as part of consideration of the granting of funds by funding agencies to the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, gender identity/expression, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended and the Orange County Anti-discrimination Policy. This provision is enforced by action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. To the best of my knowledge and belief all of the above information is true and current. I acknowledge and understand that the existence of a potential conflict of interest does not necessarily make the program ineligible for funding, but the existence of an undisclosed conflict may result in the termination of any grant awarded. Signature: Applicant’s Authorized Signatory Date 8-19-2022 DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C P.O. Box 8181 * Hillsborough, North Carolina 27278 Telephone: 919 245-2626 Applicant Organization & Collaborator Information Please provide the following information about the primary applicant organization: Contact Information for Primary Contact, Chief Executive Officer / Executive Director, and Chief Financial Officer Primary Contact Name Brennan Bouma Title Sustainability Program Analyst Preferred phone number 919-969-5011 Email address bbouma@townofchapelhill.org Fax number (if applicable) Chief Executive Officer / Executive Director Name Mr. Maurice Jones Title Town Manager Preferred phone number 919-968-2743 Email address manager@townofchapelhill.org Fax number (if applicable) Chief Financial Officer Name Amy Oland Title Business Management Director / Finance Officer Preferred phone number 919-968-2712 Email address finance@townofchapelhill.org Fax number (if applicable) DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 5 of 21 1. Date of Incorporation (Month/Year): 01/1851 2. Applicant organization’s Purpose/Mission (2-4 sentences): Our Mission: Learning, serving and working together—to build a community where people thrive. 3. Please provide a brief description of your organization’s past achievements in carrying out similar projects and evidence of successful record of meeting proposed budgets and timetables (2-4 sentences): The Town is actively working to advance community sustainability and resilience. Many of these efforts are described here. Recently, the Town completed these similar projects: (1) Purchase and operation of 3 grant-funded electric transit buses and charging stations (2) installation of multiple public electric vehicle charging stations, including recent upgrades at the 140 West parking deck, Town Hall and The Aquatic Center. 4. Living Wage: Does this organization pay permanent employees a minimum living wage? (Yes / No) Yes If yes, is this organization an Orange County Living Wage Certified Employer? (Yes / No) If no, please briefly explain. Yes 5. Schedule of Positions: a. Number of Full-Time Paid Positons: 762 b. Number of Part-Time Paid Positions: 7 c. Number of volunteers: Over 800 Average hours worked per volunteer per month Around 2 hours Collaborators: Please provide the following information about all significant collaborators and partners whether or not they will be receiving grant funding for this project. Feel free to copy and paste Questions “a” through ”e” as needed if you have more than one significant collaborator/partner: a. Date of Incorporation (Month/Year): N/A b. Applicant organization’s Purpose/Mission (2-4 sentences): DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 6 of 21 c. Please provide a brief description of your organization’s past achievements in carrying out similar projects and evidence of successful record of meeting proposed budgets and timetables (2-4 sentences): d. Living Wage: Does this organization pay permanent employees a minimum living wage? (Yes / No) If yes, is this organization an Orange County Living Wage Certified Employer? (Yes / No) If no, please briefly explain. e. Schedule of Positions: a. Number of Full-Time Paid Positons: b. Number of Part-Time Paid Positions: c. Number of volunteers: Average hours worked per volunteer per month DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 7 of 21 Project Information *Please submit for each project if applying for funding for more than one project. 6. Project Name: Fleet Electrification Pilots 7. Please briefly describe the proposed project and the target population to benefit from the program. How many people will benefit? (100-300 words) The requested funds will be used to help purchase and pilot test 1 electric garbage truck and 1 electric commercial mower with charging support equipment. These vehicles will replace older fossil fuel vehicles currently operating in the fleet. Switching to electric vehicles would reduce GHG emissions, improve local air quality for residents, and improve the working environment for the Town Staff who use these vehicles daily. Garbage trucks and commercial grade lawnmowers are some of the newest vehicle classes to enter the market. While early tests have shown they are capable vehicles, full pilot tests need to be conducted before the additional costs of these vehicles can be justified. Lessons learned from operating this newly available equipment will be proactively shared with all other local governments in Orange County to help inform our shared interest in adding more electric vehicles to our fleets and better prepare all parties to take advantage of upcoming federal funding opportunities. 8. Please choose the best description for the type of project: ☐ Infrastructure/Clean Tech: New ☐ Infrastructure/Clean Tech: Repair ☒ Infrastructure/Clean Tech: Replacement ☐ Communication/Education ☐ Natural Systems Management/Restoration ☐ Circular Economy/Waste reduction ☐ Analysis/Plan ☐ Other (Please describe): 9. Please choose the primary climate change mitigation focus for this project (select all that apply): ☐ Energy Efficiency ☐ Renewable Energy ☒ Beneficial Electrification ☐ Carbon Sequestration ☐ Other (Please describe): 10. Has your organization or have your collaborators/partners completed projects of this type in the past? If so, what funds were used? ☐ Yes ☐ Funding used (Please describe): ☒ No (This is new territory. Each new EV platform is engineered differently and these would be the first electric mower and electric garbage truck in our fleet.) DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 8 of 21 11. If this project is not selected for funding in this round, what other funding might be used to support it within the next 5 years? ☐ Other capital or operational funds ☐ None. This is a unique opportunity. ☒ Unknown (please describe): the Town’s vehicle replacement budget was eliminated and then brought back at a low level during the past 2 budget cycles due to the global pandemic. This past year we were able to purchase a single garbage truck with regular funds. We also used one-time surplus funds to purchase additional fleet replacement vehicles, but these are non-recurring funds. Given that these vehicles and their charging equipment are often double the purchase price of a fossil-fueled vehicle and the limited funding available for replacing the legacy fossil-fueled fleet, our Business Management Office has told us that electric fleet vehicle purchases of this kind are unlikely with current resources. Pilot testing these vehicles should help us track actual lifecycle cost savings and make the case for future investments or federal grants. 12. Please select the jurisdiction(s) where your project is focused and briefly state how your project aligns with the relevant Climate Action Plans (2-4 sentences). Please name the action items from each relevant plan that best align with your proposed project: ☐ Carrboro: https://townofcarrboro.org/928/Community-Climate- Action-Plan ☒ Chapel Hill: https://www.sustainchapelhill.org/featured/2020/2/18/climate- action-and-response-plan ☒ Orange County: In progress, please instead show alignment with the Orange County BOCC Goals and Priorities. This proposed project aligns with the above plan(s) in the following ways: This project’s focus on improved operations and environmental protection through electrification, energy efficiency, decreased fuel expenses, reliable infrastructure, and lower greenhouse gas emissions are aligned with each of the following: (1) The Town of Chapel Hill’s near-term climate action goal of a 26-28% reduction in community carbon emissions by 2025; (2) Our adopted goal within the Climate Action and Response Plan to electrify all light- and medium-duty fleet vehicles by 2040 and all Heavy-duty fleet vehicles by 2050. (3) The County’s goal to “create, preserve, and protect a natural environment that includes clean water, clean air, wildlife, important natural lands, and sustainable energy for present and future generations” DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 9 of 21 Collaborators and Partners In some projects, collaborators and partners provide essential capacity and connections. If collaborators or partners are an essential part of your project whether or not they are receiving grant funds, please use this section to provide more details. If you are not working with collaborators or partners, please feel free to write N/A in this section and move to the Social Justice and Racial Equity section. 13. Please describe one to three key partnerships/collaborations that add the most value to the success of the proposed project: N/A Criterion 1 - Social Justice and Racial Equity 14. Who will directly or indirectly benefit from your project? Please be as specific as possible on the characteristics of those who will benefit including, gender, race, age, income level and geographic location. Also, what are the demographics of the area where your project takes place? Does your project help to address any racial disparities in the location it is proposed for? Please list any data sources used and show the steps of any calculations: More than 50% of the greenhouse gas emissions from Town operations come from the vehicle fleet, and those emissions are generated in chapel hill neighborhoods and parks. Garbage trucks are used daily to provide their essential service in every neighborhood across Chapel Hill. These heavy-duty vehicles drive long distances each year and burn thousands of gallons of diesel fuel in the process. Their pattern of stopping and starting during those miles, reduces their efficiency and increases the wear-and-tear on the vehicle’s brakes. This driving pattern becomes an efficiency bonus when using regenerative braking in an electric vehicle. Garbage trucks also return to the depot each night, which can enable them to be fully recharged for the next day. These factors make them an ideal fleet vehicle to electrify to help reduce lifetime costs and neighborhood-based emissions. Commercial zero-turn lawnmowers are critical pieces of equipment that maintain the functionality of 1,376 acres of parkland and open space. This space is distributed across town to bring it close to town residents (an interactive map of the Town’s parks can be found here: https://www.townofchapelhill.org/Home/Components/News/News/17866/4048) Both of these vehicles also begin their workdays early in the morning and often operate close to residential areas. The large reduction in vehicle noise associated with operating the electric versions of these vehicles would improve the livability of all Chapel Hill neighborhoods as well as reducing the fumes and noise that dozens of front-line Chapel Hill staff face each day when fueling and operating these vehicles. Based on the most recent census figures, Chapel Hill’s racial demographics are as follows: 71.3% white, 13.5% Asian, 10.2% Black, 73.2% Hispanic or Latino, and 3.8% all other categories. These proportions generally align with overall County racial demographics except for the Asian category which is 70% higher than the County’s overall proportion. In part this is due to DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 10 of 21 Chapel Hill’s refugee population which made up 9,600 of the roughly 61,000 Chapel Hill residents in 2019 (15.8% of Chapel Hill residents were born outside of the U.S). 15. Please describe any ways in which low- income or marginalized communities/househol ds were engaged in the creation of this project proposal: Human services advocates working with marginalized communities across the Town of Chapel Hill were engaged in the creation and prioritization of projects in the Town’s adopted Climate Action and Response Plan. Project ideas were generated and prioritized through community workshops and a survey, and the adopted plan reflects the input of 9 advisory boards and more than 35 public and private organizations, each representing a different set of community perspectives. This proposed project helps to implement that plan. 16. Please describe any potential negative side effects of the project and describe the steps you are taking/will take to eliminate or minimize these impacts to any low-income or marginalized communities/househol ds: None 17. Are the impacted residents already aware of the potential positive and negative impacts of your project and the steps you are taking? If not, please describe your plan to engage with them and how you will act based on their input: If awarded, our plan is to share the positive impacts of this project with Town residents. We are also considering vehicle decals and signage that would promote and educate about the positive impacts of the project. 18. During and after the project, what will your continued engagement with the community be? Chapel Hill’s Office of Sustainability and Resilience will be working with staff from Parks and Solid Waste to track the emissions and cost reductions and proactively communicate the ongoing performance of these vehicles on social media and the sustainchapelhill.org website. Chapel Hill’s sustainability staff will continue to partner with other local government sustainability staff directly and through our shared professional networks to share results. 19. Please describe any other aspect of your project that is relevant to Social Justice and Racial Equity: None Criterion 2 - Emissions Reduced 20. How many tons of greenhouse gas emissions will your project Across the Town’s 15 commercial lawnmowers the average annual use in 2021 was 157 engine hours. According the to calculations done DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 11 of 21 reduce/avoid each year? Please list any data sources used and show the steps of any calculations. Feel free to submit in a separate document if clearly labelled: by the California Air Resources Board, “Today, operating the best- selling commercial lawn mower for one hour emits as much smog- forming pollution as driving the best-selling 2017 passenger car, a Toyota Camry, about 300 miles – approximately the distance from Los Angeles to Las Vegas.” Using the EPA Greenhouse Gases Equivalencies Calculator shows that each commercial mower the Town uses emits as much annual emissions as 4 gasoline passenger vehicles. Using a ratio from Fueleconomy.gov showing that EVs are 2 – 3 time more efficient at converting energy into motion, replacing one of our current gasoline-powered mowers with an electric mower should be equivalent to removing 2 cars from the road each year and save 9.3 metric tons of Carbon Dioxide (CO2) equivalent (MTCDE). Over the 7-year expected lifetime of this mower this should save on average 65.1 MTCDE. According to the EPA’s Diesel Emissions Quantifier, replacing our diesel garbage truck with an all-electric garbage truck will save 33.11 metric tons of C02 emissions per year. Over the expected 7 year working life of this truck, this will add up to 231.78 metric tons of avoided emissions. 21. For how many years will this emissions reduction take place as a result of your project? Please consider the expected lifetime of the technology/program/impact etc. As discussed above, the expected lifetime will be 7 years for both the new electric mower and the electric garbage truck. 22. Please describe the location of the emissions reduction. Where would fossil fuels have been burned if not for your project? For projects creating electricity usage reductions, it can be difficult to determine the location of the power produced. Please feel free to state “Grid-tied electricity reduction” These are avoided vehicle emissions and so they would be burned in Chapel Hill. 23. Please describe any other aspect of your project that is relevant to the amount of emissions that it will reduce or avoid. Criterion 3 - Efficient use of Funds 1. Please estimate the impact of your project per grant dollar requested. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 12 of 21 This cost per unit of impact must reflect the total program budget divided by the total impact of the project described in this application. If the proposed project is new, please write N/A in the first column of the table below, and just fill out the second column. Actual Annual Project Costs (If your proposed project expands or accelerates an ongoing effort) Projected Project Costs Total Cost of Project N/A $74,600 Unit of Impact: Total # of tons of greenhouse gases reduced 296.88 (total lifetime MTCDE avoided) Cost Per Ton of GHG’s Reduced $251.28 Unit of Impact: Total # of individuals served/benefitted 61,128 Cost Per Individual Served/Benefitted $1.22 Other Unit of Impact: Please describe here Cost Per Unit of Impact Other Unit of Impact: Please describe here Cost Per Unit of Impact (Please feel free to add rows if necessary to show any additional units of impact.) 24. Please describe any avoided financial costs or savings related to the project and over what period of time those costs will be avoided/reduced: The total cost of the EV garbage truck and its charging equipment is $ 470,554. To bring down the cost of this purchase, Chapel Hill has successfully applied for a Mobile Source Emissions Reduction Grant from the NC Division of Air Quality. They have offered to provide 45% of the total cost ($211,749). While this is a significant help, the remaining 55% of the cost is still a significant barrier at $258,805. As discussed previously, the Town’s vehicle replacement funding was zeroed out over the pandemic and the small amount that is expected in the upcoming FY24 budget is uncertain. Even though this amount represent only 1/5th of the remaining cost match, the additional support of $50,000 from the County’s Community Climate Action Grant would make sure that this vehicle was purchased. 25. Does your project accelerate or expand on existing programs that already show positive impact? This would represent an important expansion of EVs into two new vehicles classes in the Town’s fleet. 26. Does your project also take advantage of other funding sources? Yes. This proposed project takes advantage of $211,749 in grant funding as well as over $200,000 in the Town’s annual funds. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 13 of 21 27. Would your proposed project help you to take advantage of funding from other sources besides this grant in the future? Yes. These 2 vehicles would be considered pilot projects which would help the Town and all other Orange County governments apply for millions of dollars in expected federal grant opportunities from the Infrastructure Investment and Jobs Act and the Inflation Reduction Act. 28. Please describe any other aspect of your project that is relevant to the efficient use of grant funds: Criterion 4 - Capacity of Applicant 29. Please describe any projects that you have completed successfully in the past which are similar to the project you are proposing: The Town currently operates 3 all-electric transit buses with 8 more expected in the coming year. These were funded by several sources including a federal grant, the N.C. Department of Transportation, the Towns of Chapel Hill and Carrboro, UNC, and UNC’s student- run Renewable Energy Special Projects Committee. https://www.dailytarheel.com/article/2022/04/city-new-electric-buses- reveal 30. If you are proposing to collaborate with other organizations on this project, please briefly describe their relevant experience to the project and/or the target population: N/A 31. Please describe any other relevant expertise or capacity to carry out the project in your application: Town sustainability staff have a combined 25 years of experience with alternative-fueled vehicles and grants management. Criterion 5 - Local Economic Development 32. How many Orange County residents are employed by your organization? 218 DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 14 of 21 33. What percent of project materials will be purchased from sources within Orange County or North Carolina? We will state a preference for project materials to be sourced within Orange County and North Carolina, but we do not know what the final percentage will be at this time. 34. Please describe any other aspect of your project that is relevant to local economic development. Criterion 6 - Amount and Duration of Engagement 35. Please describe how you will engage with and/or educate project participants. Chapel Hill’s Office of Sustainability and Resilience will be working with staff from Parks and Solid Waste to track the emissions and cost reductions and proactively communicate the ongoing performance of these vehicles on social media and the sustainchapelhill.org website. Chapel Hill’s sustainability staff will continue to partner with other local government sustainability staff directly and through our shared professional networks to share results. We are also considering vehicle decals and signage that would promote and educate about the positive impacts of the project. 36. How will you measure the success of that engagement or educational effort? We are currently investing in open, 2-way relationships with communities in Chapel Hill who are most impacted by climate change. Town communications staff already regularly pass along news, questions, and comments to the Sustainability Office. The Town also benefits from active and engaged residents who will help to provide an ongoing assessment of their experience with these EV pilots. 37. Please describe any other aspect of your project that is relevant to the amount, or quality, or length of engagement and/or education that your project will produce. Criterion 7 - Time to Complete 38. How much time will your project require to demonstrate the positive impacts you describe? Global supply chain disruptions and the scarcity of raw materials and components have slowed the delivery of electric vehicles worldwide. Should this proposal be funded, the Town will be prepared to place our orders in the spring of this fiscal year with expected delivery in the winter/spring of 2024. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 15 of 21 Submission Guidance Applications are to be submitted as email attachments to Orange County Sustainability Programs Manager, Amy Eckberg at aeckberg@orangecountync.gov. Please also CC the lead staff member supporting the Commission of the Environment, Wesley Poole at wpoole@orangecountync.gov. The Application Submittal Deadline for the Fiscal Year 22-23 round of the Community Climate Action Grant is Friday, August 19, 2022 at 5pm. Please note that late, handwritten, or incomplete applications will not be accepted. Submit all documents including attachments in PDF format. This will ensure the original content and formatting is preserved. Digital signatures on applications are accepted. Accommodations for applicants with disabilities or those in need of technical assistance are available upon request. Please contact the Orange County Sustainability Programs Manager, Amy Eckberg (919- 245-2626, aeckberg@orangecountync.gov) to discuss what is needed. ATTACHMENTS Description of Required Attachments a) Applicant Organization’s Budget and Project Budget Please complete the provided budget worksheets for your organization and your proposed project or submit your own budget file (as long as it contains the same information, and in a similar format, as requested in the provided worksheets. Please explain other in your budget). The Budget Worksheets file is available for download from the County website here. Please submit the budget in PDF form as well as in the original editable Excel format. b) IRS Federal Form 990 or 2020 Tax Returns A copy of the applicant organization’s most recent Form 990 or IRS Tax Returns is required to determine eligibility. The specific form depends upon the applicant organization’s financial activity. Review the IRS’ guide, for more details. For Form 990-N (e-postcard) filers, include a copy of the postcard, with the organization’s application materials. c) List of Board of Directors (if applicable) Provide the following information about each board of director’s member: name, telephone number, and address, of each member and the list must identify the principal officers of the governing body, and length of term. Please feel free to use the template provided in Table 2 of the appendix or your own format. d) Certificate of Liability Insurance A copy of the applicant organization’s current certificate, from the organization’s insurance carrier. Table 1 below outlines insurance types and minimums required, for each jurisdiction. If exempt from Worker’s Compensation compliance, include a statement explaining why, with the applicant organization’s application materials. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 16 of 21 NOTE: Proof of insurance is not required at the time of application submission. If your agency is approved for funding, documentation of insurance must be provided to the jurisdiction awarding the funding when the contract is awarded. The insurance certificate should reflect the funding jurisdiction as an additional insured party and certificate holder and provide coverage for the duration of the funding period (two years, beginning as early as October 1, 2022). If proof of insurance can only be written for one year, an update will be required for all ongoing projects. Renewal certificates must be sent to the jurisdiction 30 days prior to any expiration date, cancellation or modification of any stipulated insurance coverage. NOTE: Upon request, insurance requirements may be reviewed on a case by case basis by the County. Please contact the staff identified on the Submission Requirements on Page 15 if you have questions or would like to request a review of your insurance requirements. APPENDIX Table 1. Forms of Liability Insurance and Minimum Policy Amounts Required INSURANCE ORANGE COUNTY3 Worker's Compensation1 Limits for Coverage A - Statutory State NC, for each employee Limits for Coverage B - Employers Liability of: $500,000 each accident, $500,000 Bodily Injury by Disease (BID).for each employee $500,000 for BID limit Commercial General Liability $1 million Each Occurrence $2 million Aggregate Automobile Liability $1 million Each Occurrence Professional Liability $1 million Each Occurrence $2 million Aggregate Sexual Abuse & Molestation $1 million Each Occurrence $2 million Aggregate Cyber Liability $1 million Each Occurrence $2 million Aggregate Environmental/Pollution Liability (Required if demolition, use of hazardous material or environmentally sensitive) $1 million Each Occurrence Visit the NC Industrial Commission’s website for more information regarding Coverage A. Also, note that if an agency uses subcontractors, it must require subcontractors to have workmen’s compensation insurance. Please visit Orange County’s Risk Management page for more information about the County’s Minimum Insurance Requirements. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 17 of 21 Table 2 - Contact Information for Board of Directors and Officers of the Board Name (also title and term length if Officer) Physical Address Mailing Address Phone number Email address Fax number (if applicable) [See link in attachment C] ATTACHMENTS DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 18 of 21 A.) Applicant Organization’s Budget and Project Budget Enclosed on following page. The Town’s budget can also be viewed here: https://www.townofchapelhill.org/government/departments-services/business- management/budget/2022-2023-budget-development/2022-2023- recommended-budget DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Applicant Organization's Budget Actual Total for Previous Year Estimated Total for Current Year Projected Total for Next Year Percent Change -$ -$ -$ 0 65,502,241$ 68,717,055$ 74,031,555$ 8% -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 950,914.00$ 681,997.00$ 681,997.00$ -$ Private Foundation Grants -$ -$ -$ 0 Other Revenue: please briefly explain here -$ -$ -$ 0 66,453,155$ 69,399,052$ 74,713,552$ 8% 50,281,000$ 51,543,000$ 52,897,000$ 3% 1,547,341$ 1,558,288$ 1,544,976$ -1% -$ -$ -$ 0 -$ -$ -$ 0 14,459,659$ 17,918,712$ 21,154,024$ 18% 66,288,000$ 71,020,000$ 75,596,000$ 6% 165,155$ (1,620,948)$ (882,448)$ 46% ORGANIZATION NAME: AGENCY EXPENSES Total Organization Revenue (Most recent complete calendar year or fiscal year) ORGANIZATION REVENUE Private Donations Town of Chapel Hill Ending Date: June 30, 2022 Local Government Grants (Please list separately): Starting date: July 1, 2021 Generated Revenue (fees, sales, etc) Other Expenses: all other Operating costs Total Agency Expenses Supplies & Equipment Travel & Training SURPLUS/(DEFICIT) FOR PERIOD: Other Government Grants Triangle United Way State Government Federal Government (CDBG/HOME/etc.) Compensation Rent & Utilities FY 2018-19 Agency Budget DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Proposed Project Budget Use for all projects Actual Total for Previous Year Estimated Total for Current Year Projected Total for Next Year Percent Change -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 Private Foundation Grants -$ -$ -$ 0 Other Revenue: please briefly explain here -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 Greenworks 60" COMMERCIAL ZERO TURN MOWER 21,000$ 100% Electrical upgrades for mower charging 3,000$ 100% Portable battery charger for handheld equipment 600$ 100% Cost match assistance for electric garbage truck and charging station 50,000$ 100% -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ 74,600$ 0 -$ -$ (74,600)$ 0SURPLUS/(DEFICIT) FOR PERIOD: Total Project Expenses Travel & Training Other Expenses: please briefly explain here Federal Government (CDBG/HOME/etc.) Supplies & Equipment Total Project Revenue PROJECT EXPENSES Compensation Rent & Utilities Other Government Grants Triangle United Way State Government Private Donations Project Generated Revenue: Local Government Grants (Please list separately): Orange County Community Climate Action Grant PROJECT REVENUE PROJECT NAME:Fleet Electrification Pilots Use only if project is ongoing FY 2018-19 Program Budget DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 19 of 21 B.) Applicable Financial Records to prove eligibility: The Town is exempt from filing a 990. See guidance from IRS below: https://www.irs.gov/charities-non-profits/annual-exempt-organizationreturn- who-must-file. Every organization exempt from federal income tax under Internal Revenue Code section 501(a) must file an annual information return except: 1. A church, an interchurch organization of local units of a church, a convention or association of churches 2. An integrated auxiliary of a church 3. A church-affiliated organization that is exclusively engaged in managing funds or maintaining retirement programs 4. A school below college level affiliated with a church or operated by a religious order 5. Church-affiliated mission societies if more than half of their activities are conducted in, or are directed at persons in, foreign countries 6. An exclusively religious activity of any religious order 7. A state institution, the income of which is excluded from gross income under section 115, 8. A corporation described in Section 501(c)(1) that is organized under an Act of Congress, an instrumentality of the United States and is exempt from federal income taxes 9. A stock bonus, pension or profit-sharing trust that qualifies under Section 401(required to file Form 5500, Annual Return/Report of Employee Benefit Plan) 10. A religious or apostolic organization described in Section 501(d) (required to file Form 1065, U.S. Return of Partnership Income) 11. A governmental unit or an affiliate of a governmental unit that meets the requirements of Revenue Procedure 95-48 PDF, 1995-2 C.B. 418 12. A private foundation described in Section 501(c)(3) and exempt under Section 501(a) (required to file Form 990-PF, Return of Private Foundation) 13. A political organization that is a state or local committee of a political party, a political committee of a state or local candidate, a caucus or association of state or local officials, or required to report under the Federal Election Campaign Act of 1971 as a political committee 14. An exempt organization (other than a private foundation) that normally has annual gross receipts of $50,000 or less and therefore is eligible to file an annual electronic notice Form 990-N instead of an annual information return)* 15. A foreign organization, or an organization located in a U.S. possession, that normally has annual gross receipts from sources within the United States of $50,000 or less and therefore is eligible to file an annual electronic notice (Form 990-N instead of an annual information return) DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 20 of 21 c.) List of members of organization’s Governing Board (if Board exists) A full listing of the Mayor and Council members can be viewed here: https://www.townofchapelhill.org/government/mayor-and-council DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Page 21 of 21 D.) Certificate of Insurance If awarded, the Town is prepared to provide proof of insurance in the form requested. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 17, 2023 Action Agenda Item No. 6-b SUBJECT: Community Climate Action Grant (CCAG) – FY 2022-23 Project Selection for General Applicants and Schools DEPARTMENT: Asset Management Services ATTACHMENT(S): 1) CCAG 2022-23 Project Descriptions, Scoring, and Comments for General Applicants and Schools INFORMATION CONTACT: Amy Eckberg, (919) 245-2626 Steven Arndt, (919) 245-2658 PURPOSE: To: 1) Receive the grant project funding recommendations from the Commission for the Environment (CFE) and the Human Relations Commission (HRC) for the FY 2022 -23 Orange County Community Climate Action Grant Program; and 2) Approve funding for the recommended Community Climate Action Grant projects for FY 2022-23 as outlined in the attached report. BACKGROUND: As part of the FY 2019-20 budget, the Board of Orange County Commissioners (BOCC) created the Orange County Climate Action Fund dedicated to accelerating climate change mitigation actions in Orange County. This decision was motivated in part to hel p the County meet the climate change mitigation goals set by the Board in recent years: • Reduce greenhouse gas emissions community -wide by 26 percent by 2025 (from 2005 levels). • Transition to a 100% renewable energy based economy by 2050. For the 2022-23 funding cycle, $550,150 in funding was budgeted to support climate action projects that will benefit Orange County residents both socially and financially. Following the direction of the Board of Orange County Commissioners (BOCC), the process for solicitin g and selecting projects to receive funding was conducted through a formal Community Climate Action Grant (CCAG) program. For this grant cycle, the BOCC reserved half of the total funding for this grant program ($275,075) to be awarded to projects submitt ed by either of Orange County's two public school districts. The remaining half ($275,075) was to be made available to all other eligible general applicants in this round. The Community Climate Action grant program received seven (7) applications in this round from a variety of general applicants representing non -profit and public organizations whose total requests add up to $585,873. No private sector applications were received. One (1) project, totaling $368,000 was submitted from the Chapel Hill Carrboro City School district. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C Grant applications were completed over the summer and reviewed and scored by the Commission for the Environment (CFE) and the Human Relations Commission (HRC). In fall 2022, each of these Commissions voted to forward their final s coring and comments to the BOCC. The following is a rank-order summary table of the combined project scoring and recommendations. More details on each project are available in Attachment 1: Project Applicant Funding Requested Recommended Funding Level Running total Total Score (Out of 26 pts) Rank* (Out of 7 applica- tions) General Applicants: Habitat Rooftop Solar Habitat for Humanity $112,000 $100,000 $100,000 24.2 1 Weatherization Rebuilding Together of the Triangle $150,000 $25,000 $125,000 23 2 Food Waste Monitors Eno River Farmers Market $4,500 $4,500 $129,500 21.8 3 203 Solar Project Town of Carrboro $89,243 $40,575 $170,075 17.1 4 Fleet Electrification Pilot Town of Chapel Hill $74,600 $50,000 $220,075 17 5 Solar Roof The ArtsCenter $134,664 $55,000 $275,075 15.8 6 Refillable Water Bottle Station The ArtsCenter $20,866 $0 $275,075 10.9 7 Total Requested by General Applicants: (Funds available: ($275,075) $585,873 $275,075 $275,075 School Applicants: Emission Reductions Through HVAC Replacements Chapel Hill Carrboro City Schools $368,000 $275,075 $275,075 19 1 Total Requested by Schools (Funds available: $275,075) $368,000 * All projects were placed in rank order by CFE and HRC voting. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C FINANCIAL IMPACT: The Community Climate Action Grant Tax funding of $550,150 in FY 2022-23 intends to identify impactful projects and distribute these funds promptly to accelerate action on the urgent issue of climate change and to help further stimulate t he local economy. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. Social Justice and Racial Equity is the most heavily-weighted factor in scoring projects proposed through this grant program, ensuring that the equitable distr ibution of funds and the repair of environmental inequities are a central element of each funded project. Local investments in energy efficiency and renewable energy in Orange County provides direct reduction of monthly energy bills and supports jobs and investments in clean energy technologies. GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental an d commercial operations or policies. Reducing energy usage from the electric grid improves air quality impacts. Improving local air quality helps to protect the health of vulnerable populations in Orange County whose health is disproportionately affected by ground-level ozone and other emissions. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impacts are applicable to this item: ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve ener gy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. Investing in local climate change mitigation actions will conserve energy, reduce resource consumption, and increase the use of renewable resources. RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize production of greenhouse gases. The Climate Action Fund will continue to support high -impact projects which will improve local air quality and minimize the local production of greenhouse gases, reducing Orange County's contribution to the adverse impacts of climate change on human and n atural resources both inside and outside of the County. RECOMMENDATION(S): The Manager recommends that the Board DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C 1) Receive the grant project funding recommendations from the Human Relations Commission and the Commission for the Environment for the FY 2022 -23 Orange County Community Climate Action Grant Program; and 2) Approve funding for the recommended Community Climate Action Grant projects for FY 2022-23. DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C 05/05/2023 Surry Insurance P. O. Box 128 Dobson NC 27017-0128 Lori Hiatt, CIC, CSRM, Account Manager (336) 386-8228 (336) 386-4661 lori.hiatt@surryinsurance.com Town of Chapel Hill 405 Martin Luther King Jr. Blvd Chapel Hill NC 27514-5705 The Charter Oak Fire Insurance Company 25615 A ZLP-41M7991A 07/01/2022 07/01/2023 1,000,000 1,000,000 1,000,000 2,000,000 2,000,000 A 810-5J243370 07/01/2022 07/01/2023 1,000,000 10,000 Certificate holder is an additional insured on the General Liability policy and the Auto policy with respect to the Climate Action Grant for an EV Garbage Truck. Orange County PO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 494A0BDA-FFC8-478D-826D-7FA71E3E3A5C