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HomeMy WebLinkAboutResolution 194-R-26 Authorizing CMO to Sign An Agreement with Elevate (1) (1) (1)08/24/2026 194-R-26 A RESOLUTION Authorizing the City Manager to Execute an Agreement with Elevate Energy (Elevate) for Building Decarbonization Support WHEREAS, Elevate, in partnership with the Center for Neighborhood Technology, has successfully implemented the Evanston Green Homes Pilot; and WHEREAS, owners and managers of large multifamily buildings containing affordable housing require additional support to understand their unique paths to decarbonization; and WHEREAS, the 2018 Climate Action and Resilience Plan and the 2025 Healthy Buildings Ordinance establish a continued need for mitigating fossil fuel pollution and supporting resilience to the effects of climate change; and WHEREAS, the Healthy Buildings Accountability Board has expressed a desire to provide additional technical support to Equity Prioritized Buildings; and WHEREAS, the Evanston City Council believes entering into an Agreement with Elevate is in the best interests of the Evanston community, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston, an Agreement between the City and Elevate. Page 1 of 11 194-R-26 SECTION 2: That the City Manager is hereby authorized and directed to negot iate any terms of an Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2026 Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 2 of 11 August 24 AGREEMENT THIS AGREEMENT is made by and between the City of Evanston (the “City”), a municipal corporation, and Elevate Energy (Elevate), an Illinois not for profit corporation exempt pursuant to Section 501(c)3 of the U.S. Internal Revenue Code, as of the day and year indicated below. WHEREAS, Elevate, in partnership with the Center for Neighborhood Technology, has successfully implemented the Evanston Green Homes Pilot; and WHEREAS, owners and managers of large multifamily buildings containing affordable housing require additional support to understand their unique paths to decarbonization; and WHEREAS, the 2018 Climate Action and Resilience Plan and the 2025 Healthy Buildings Ordinance establish a continued need for mitigating fossil fuel pollution and supporting resilience to the effects of climate change; and WHEREAS, the Healthy Buildings Accountability Board has expressed a desire to provide additional technical support to Equity Prioritized Buildings; NOW THEREFORE, in consideration of the mutual obligations and benefits set forth herein, the parties hereto agree as follows: 1. ENGAGEMENT; SCOPE OF SERVICES The City hereby engages Elevate to undertake the Scope of Work attached as Appendix A. Site selection will be coordinated between the City and Elevate to ensure suitability and alignment with project objectives. 1. TERM; TERMINATION (a) Unless sooner terminated, this Agreement will be effective through December 31st, 2026. (b) Notwithstanding anything to the contrary contained herein, the City may terminate this Agreement at any time by giving Elevate such written notice as may be reasonable under the circumstances. Upon receipt of such written notice, Elevate shall cease, and shall notify any Contractors then performing work to cease, all work undertaken hereunder, except as may be necessary to provide for an orderly transition of such work. Elevate may terminate this Agreement at any time with thirty (30) days written notice to the City. (c) Upon any termination of this Agreement, Elevate shall provide a final invoice to the City, showing all costs incurred but unpaid, and the City shall pay such costs, as shown therein. Elevate shall forthwith deliver all files, reports, and other materials concerning the services provided, maintained or controlled by Elevate at the time of such termination, subject to all applicable federal and state law. (d) Elevate shall have no claim, right or cause of action against the City for termination of this Agreement by City in accordance with the provisions of this paragraph, except as may be otherwise expressly provided with respect to Elevate’s earned but unpaid costs as of the date of such termination. Page 3 of 11 (e) Nothing herein shall be construed as relieving Elevate from liability to the City for damages sustained by the City as a result of a breach of this Agreement by Elevate, and the City may withhold any payments otherwise due to Elevate as a set-off against all or part of such damages, until such time as the exact amount of damages due the City from Elevate is determined and that amount paid to (and/or withheld by) the City in full. 2. COMPENSATION AND PAYMENT For services rendered hereunder, Elevate shall invoice the City as frequently as monthly for services provided in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00). Payment of undisputed amounts shall be due and payable thirty (30) days after the City’s receipt of the invoice. Each invoice shall include a detailed accounting of the equipment purchased and related labor costs for installation thereof, the purchase price, and the installation location. 3. RELATIONSHIP OF PARTIES Elevate (and each agent, employee and sub-contractor employed or engaged by Elevate to fulfill Elevate’s obligations hereunder) shall be an independent contractor performing professional services for the City and not an employee of the City or an agent of the City for any purpose beyond the specific engagement for services set forth herein. As independent contractors, Elevate and its agents and employees shall not qualify for or receive any employee benefits from the City, including but not limited to leave, retirement, insurance, bonding, use of City vehicles, or any other benefits afforded to City employees. 4. STANDARD OF PERFORMANCE Elevate agrees and represents that it has the personnel, experience and knowledge necessary to qualify it for the particular duties to be performed under this Agreement. Elevate shall perform the work described herein in accordance with the industry standard of care for performance of the services. Elevate is not a general contractor and, in no event will Elevate perform the services of a general contractor. 5. EMPLOYEES AND SUBCONTRACTORS Elevate shall be solely responsible for payment of wages, salary or benefits to any and all employees or contractors retained by Elevate in the performance of the services. Elevate agrees to indemnify, defend and hold harmless the City for any and all claims that may arise from Elevate’s relationships to its employees and subcontractors. 6. INSURANCE Elevate shall procure and maintain, at its own expense, all necessary or appropriate insurance coverage for itself and its agents and employees. 7. ASSIGNMENT AND DELEGATION Elevate shall not delegate or subcontract any portion of the services to be performed hereunder without the prior written approval of the City or customary in the provision of Elevate’s services, provided, however, that Elevate shall engage one or more Contractors to complete the shovel- Page 4 of 11 ready projects and building decarbonization assessments specified in this Agreement. Nor shall Elevate assign or transfer any interest in this Agreement without the prior written consent of the City; provided, however, that, notwithstanding the foregoing, amounts due hereunder from the City to Elevate may be assigned to a bank or trust company. Notwithstanding anything to the contrary contained herein, no assignment or transfer of funds and/or Elevate’s right to payment hereunder shall bind the City to pay any person other than Elevate for services provided hereunder. 8. RECORDS AND AUDIT Elevate shall maintain appropriate accounts and records to adequately identify and account for all services provided and costs chargeable to the City hereunder and such other records as may be required by law. Subject to applicable federal and state law, such records will be made available to the City and/or its authorized representative(s) during regular business hours, upon reasonable request, and will be retained for two (2) years after the expiration or termination of this Agreement, unless provided otherwise by the City in writing. 9. APPROPRIATIONS The terms of this Agreement and all amounts payable hereunder are contingent upon sufficient appropriations therefor by the City Council. If sufficient appropriations are not made, the City shall notify Elevate of the termination of this Agreement in accordance with the provisions of paragraph 1, above. 10. CONFIDENTIALITY Any confidential information provided to or developed by Elevate in the performance of this Agreement shall be kept confidential and shall not be revealed or made available to any person by Elevate without the prior written approval of the City. 11. COMPLIANCE WITH LAWS AND POLICIES; CONFLICT OF INTEREST (a) In the performance of their obligations hereunder, the parties shall obey and abide by all applicable laws, rules and regulations, and with all applicable ordinances, policies and procedures. (b) Elevate hereby covenants, warrants and represents that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services under this Agreement. Without limiting the generality of the foregoing, Elevate shall comply with all applicable legal or regulatory provisions concerning conflicts of interest. (c) Both parties shall abide by all applicable federal and state laws, rules, regulations, and executive orders pertaining to equal employment opportunity; pursuant thereto, shall assure that no person shall, on the grounds of race, color, national origin, sex, age, or disability, sexual orientation, or gender identity be excluded from employment with, participation in, be denied the benefits of or be otherwise subjected to discrimination under, any program or activity performed under this Agreement; and to promptly take appropriate steps to correct any deficiency that may be found to occur in compliance with such laws and rules. Page 5 of 11 12. RELEASE; INDEMNITY By its receipt of final payment of all amounts due under this Agreement, Elevate shall release the City, and its officers and employees, from all liabilities, claims, and obligations whatsoever, arising from or under this Agreement. Elevate shall indemnify and defend the City and hold the City harmless for and from any and every claim, action, liability, loss, damage or suit, arising from the fault of Elevate in performing (or omitting to perform) services hereunder. 13. FORCE MAJEURE Neither the City nor Elevate shall be liable for any delay in the performance of this Agreement, nor for any other breach, nor for any loss or damage arising from uncontrollable forces such as fire, theft, storm, war, or any other force majeure that could not have been reasonable avo ided by exercise of due diligence. 14. LICENSES Elevate shall maintain all required licenses, including without limitation all necessary professional and business licenses, throughout the term of this Agreement. Elevate shall require and shall assure that all Elevate employees and subcontractors maintain all required licenses, including without limitation all necessary professional and business licenses. 15. NONEXCLUSIVITY The City reserves the right to engage other contractors to perform services described herein and Elevate likewise may provide the same services to other clients; provided, however, Elevate shall devote reasonable time and effort to any task undertaken hereunder. 16. SEVERABILITY In the event that a court of competent jurisdiction shall hold any part or provision of this Agreement invalid, void or of no effect, the remaining provisions of this Agreement shall remain in full force and effect, provided that continued enforcement of such remaining provisions does not materially prejudice either Elevate or the City in their respective rights and obligations contained in such valid provisions of this Agreement. 17. NOTICES Any notice required or permitted to be given hereunder shall be sufficient if mailed or emailed to the address shown below for the party receiving notice, or to such other address of which such party has duly notified the other party in accordance with the provisions of this paragraph. For notice to the City: For notice to Elevate: City of Evanston Elevate Energy Cara Pratt, Sustainability & Resilience Manager Dara Reiff 909 Davis St. 322 S. Green Street, Suite 300 Evanston, IL 60201 Chicago, IL 60607 cpratt@cityofevanston.org Dara.Reiff@elevatenp.org Page 6 of 11 18. MERGER; AMENDMENT This Agreement represents the entire agreement between the parties with respect to the matters addressed herein, and all prior agreements, covenants, and understandings between the parties concerning the same have been merged into this written Agreement. This Agreement shall not be altered, modified, changed, or amended except by a written instrument executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date executed by both parties. City of Evanston Elevate Energy By: Luke Stowe, City Manager its: Antonia Ornelas, Chief Program Officer Date: Date: APPROVED AS TO FORM: Alexandra Ruggie, Corporate Counsel Page 7 of 11 Scope of Work Evanston Green Homes Continuation August 14, 2026 Following discussions with the City of Evanston regarding the future of Evanston Green Homes as the pilot phase concludes, Elevate Energy (Elevate) is pleased to present a proposed scope of work for the program's next phase. This proposal covers the period from August 25, 2026, through December 31, 2026, with a total funding request of $100,000. From late 2023 through June 2026, Elevate implemented the Evanston Green Homes pilot, providing income-eligible households with energy assessments, electrification planning, access to funding and financing resources, and construction management and installation services. Through this work, the program helped participating residents improve home affordability, comfort, resiliency, and energy efficiency while advancing the City's climate goals. Building on the pilot's success, the proposed services described below align with the launch of Sustain Evanston, implementation of the Healthy Buildings Ordinance (HBO), and the City's broader climate and equity priorities. Under the Sustain Evanston umbrella, this next phase, Sustain Evanston Residential, will expand the program's focus to Evanston’s largest (over 20,000 square feet) multifamily properties—delivering comprehensive energy assessments and strategic decarbonization planning for buildings prioritized by the Healthy Buildings Accountability Board. By evolving the pilot into a targeted multifamily energy-efficiency initiative, Sustain Evanston Residential will help property owners prepare for building performance standard compliance while increasing housing affordability, improving resident health and comfort, and advancing equitable decarbonization throughout the community. Proposed Services - 2026 SUSTAIN EVANSTON RESIDENTIAL: MULTIFAMILY ASSESSMENTS AND STRATEGIC DECARBONIZATION PLANNING—COHORT 1 Elevate will conduct a comprehensive assessment and prepare a customized Strategic Decarbonization Plan for each participating Sustain Evanston Residential property. Together, these deliverables will Page 8 of 11 Scope of Work: Evanston Green Homes Continuation © Elevate Energy 2026 provide qualifying multifamily building owners with practical, building-specific pathways to reduce energy use and emissions and prepare for HBO compliance. Assessment and Planning Deliverables: Each assessment will evaluate the building envelope, mechanical systems, and lighting to identify and prioritize cost-effective energy-efficiency and electrification opportunities. The resulting Strategic Decarbonization Plan will outline estimated project costs and savings and identify relevant funding and financing resources, including Sustain Evanston grants and other housing resources. Program Operations: Elevate will coordinate utility data collection, assessment scheduling, and delivery of Strategic Decarbonization Plans. The City will conduct outreach and marketing, as well as participant intake and eligibility. Participating property owners will provide site access and utility data needed to complete the assessments. Cohort size: The first cohort will serve 4-6 qualifying multifamily residential buildings. The final number will depend on the size and complexity of the participating properties. Subject to program outcomes, City priorities, and available funding, Elevate is prepared to serve a second cohort and provide additional services such as construction management for retrofit projects in 2027. Timeline: The proposed services will begin during the remainder of 2026 and may be extended in future years. The program can be adjusted annually to reflect the City’s goals and available resources. Services will be provided on a time-and-materials basis, with annual fees not to exceed the contract amount. Next Steps Elevate looks forward to continuing its partnership with the City of Evanston through the remainder of 2026, delivering Sustain Evanston Residential as a strategic next step in the City's building decarbonization efforts. Building on the success of Evanston Green Homes and supporting implementation of the Healthy Buildings Ordinance, this initiative will advance Evanston's climate, housing affordability, and equity priorities while laying the foundation for long-term community impact. Page 9 of 11 SOLE/ SINGLE SOURCE JUSTIFICATION (Requester completes Section A and B) SECTION A – SOLE/SINGLE SOURCE PURCHASE: Complete if sole/single source purchase is $2,500 or over, AND competition is not available. Sole/Single Source approv als are valid one year from approval date, unless specified elsewhere. PO No. (if applicable): Amount: Date: Supplies/Services Required (be specific): Proposed Vendor Vendor No: Requested by: Dept: Ext: J ustification prepared by: Dept: Ext: Check One: The requested supply/service is a sole source procurement due to: AVAILABILITY/ONE OF A KIND – No competitive product exists or is available from another vendor. COMPATIBILITY – Must match existing piece or brand of equipment and is available from only one vendor. REPLACEMENT/MAINTENANCE – Repair or maintenance for specific brand of ex isting equipment and is available from only original equipment manufacturer or designated service dealer. OTHER - Provide below full explanations, details, complete descriptions, and relevant reasons to support the sole source justification: SECTION B - REQUESTER CERTIFICATION : By submitting this request, I certify that the above justification/information is accurate and complete to the best of my knowledge and that I have no personal interests relative to this request. (Name and Signature of Requester) (Date) SECTION C - TO BE: COM PLETED BY PURCHASING MANAGER: Based on the information provided in Section A and attached supporting documents, I concur / do not concur (see below) with purchase to be a Sole Source. Do not concur for the following reason(s): (Name and Signature of Purchasing Manager or Other) (Date) (Date) Elevate Cara Pratt 2/26/2025 CMO Cara Pratt CMO 8199 8199 Not yet requested 300,000 Distribution of equipment through the Evanston Green Homes Pilot Elevate is already a subrecipient of the City's ARPA-funding Evanston Green Homes Pilot for identical work in support of residential decarbonization incentives in Evanston. There is no other entity doing this work in Evanston currently. Cara Pratt 2/26/2025 03 / 01 / 2025 Doc ID: b1b03cd1ca695b7a233516585b5307ba26567473 Page 10 of 11 Contract with Elevate - Residential Electrical Upgrades... Extracted_p...ectrica.pdf and 2 others b1b03cd1ca695b7a233516585b5307ba26567473 MM / DD / YYYY Signed 02 / 26 / 2025 13:07:57 UTC-6 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.76 02 / 26 / 2025 13:57:16 UTC-6 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 02 / 26 / 2025 13:57:28 UTC-6 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 03 / 01 / 2025 23:54:53 UTC-6 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 76.136.85.191 03 / 01 / 2025 23:55:16 UTC-6 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 76.136.85.191 The document has been completed.03 / 01 / 2025 23:55:16 UTC-6 Page 11 of 11