HomeMy WebLinkAbout11496RESOLUTION NO. 11496
A RESOLUTION APPROVING A FACILITY OWNER
MEMORANDUM OF UNDERSTANDING BETWEEN THE
STATE OF COLORADO GOVERNOR'S ENERGY OFFICE
AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
WHEREAS, the State of Colorado Governor's Energy Office provides access to
services and support to assist in the development and implementation of Energy
Performance Contracting projects; and
WHEREAS, the City of Pueblo supports the goal of reducing energy
consumption within its facilities and will work to explore the opportunities that could
benefit the City through an Energy Performance Contracting project.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A Facility Owner Memorandum of Understanding between the State of Colorado
Governor's Energy Office and the City of Pueblo, A Municipal Corporation, a copy of
which is attached hereto and incorporated herein, having been approved as to form by
the City Attorney, is hereby approved.
RFr.T1nIV 9
The President of City Council is authorized to execute and deliver said Facility
Owner Memorandum of Understanding in the name of and on behalf of the City of
Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the Seal of the
City thereto and attest same.
INTRODUCED: December 22, 2008
BY: Randy Thurston
Councilperson
PRt
ATTESTED aY
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CLERK
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 20
DATE: DECEMBER 22, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING A FACILITY OWNER MEMORANDUM OF
UNDERSTANDING BETWEEN THE STATE OF COLORADO GOVERNOR'S ENERGY
OFFICE AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Shall City Council enter into a Facility Owner Memorandum of Understanding with the
State of Colorado Governor's Energy Office to access the services and support
provided under the Colorado Governor's Energy Office Energy Performance
Contracting Program to assist in the development and implementation of Energy
Performance Contracting (EPC) projects?
RECOMMENDATION
Approval of Resolution.
BACKGROUND
The State of Colorado Governor's Energy Office (GEO) Program provides assistance to
local governments in the development of an Energy Performance Contracting Program.
This type of program could be implemented by the City to invest in capital
improvements that are paid for over time from the energy savings provided by newer,
more energy efficient equipment and other energy saving improvements. Following
approval of the Memorandum of Understanding the GEO will educate City staff about
the benefits and actions required for the implementation of an energy performance
contract. The GEO will assist the City in the procuring the services of an Energy
Service Company (ESCO), assist with a state - approved Request for Proposals (RFP)
process to select Energy Service Company (ESCO) and to provide as- needed energy
performance contracting services and facilitate the performance contracting process to
ensure commitments are met by both the City and the ESCO. The GEO maintains a list
of pre - qualified Energy Service Companies (ESCOs) that are eligible for final selection by
Colorado's state and local governments to provide performance contracting services.
The City would commit to assign staff members to a facility project team and ensure
appropriate personnel attend project development meetings. In conjunction with the
completion of an energy audit, the City will commit to provide access to buildings,
provide information for a technical energy audit, and other project development
activities.
FINANCIAL IMPACT
Other than the commitment of staff time to assist with analyzing the feasibility and
development of an energy performance contract program there are no costs required as
part of this Memorandum of Understanding with the State of Colorado Governor's
Energy Office.
FACILITY OWNER'S MEMORANDUM OF
UNDERSTANDING
FOR THE GOVERNOR'S ENERGY OFFICE ENERGY
PERFORMANCE CONTRACTING PROGRAM
to
a
THE GOVERNOR'S ENERGY OFFICE
1580 Logan Street, Suite 100
Denver, CO 80203
PLEASE SIGN THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
FACILITY OWNER MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made this 22 day of
December in the year 2008 between the State of Colorado Governor's
Energy Office, hereinafter called GEO, and the City of Pueblo, Colorado, hereinafter called
the Facility Owner.
WHEREAS, GEO, through its Energy Performance Contracting Program, used a state -
approved Request for Proposals (RFP) process to select Energy Service Companies (ESCOs)
to provide as- needed energy performance contracting services; and
WHEREAS, GEO will maintain a list of pre - qualified ESCOs that are eligible for final
selection by Colorado's state and local governments to provide performance contracting
services.
NOW, THEREFORE, it is agreed that:
1. Purpose of MOU. The purpose of this MOU is to provide Facility Owner access to the
services and support provided under the Colorado Governor's Energy Office Energy
Performance Contracting Program to assist in the development and implementation of
Energy Performance Contracting (EPC) projects and to encourage the Facility Owner to
follow and adhere to the guidelines of the program.
2. Term of MOU. This MOU becomes effective on the date signed by the Facility Owner
and shall terminate on June 30 2010 unless the Facility Owner elects to terminate it sooner
3. Consideration. In consideration for the services rendered by the GEO under this MOU,
the Facility Owner shall engage in a good faith effort to reduce its energy consumption
through participation in the GEO EPC Program and follow and generally adhere to its
guidelines, rules, and provisions.
4. Responsibilities of Facility Owner. The responsibilities of the Facility Owner include:
a. Agree to program participation by executing a Facility Owner Memorandum of
Understanding and engage the GEO EPC Program for assistance in project
development
b. Select an ESCO from GEO's current pre - qualified list, using a secondary selection
process that fulfills Facility Owner's procurement policies.
c. Assign members to the facility project team including operations, maintenance,
financial and upper management personnel
d. Ensure appropriate personnel attend project development meetings dependent upon
the subject matter to be discussed
e. Provide access and escort to buildings under reasonable conditions
Colorado Governor's Energy Office Page 2
Colorado Energy Performance Contracting Program
Facility Owner's MOU
f. Provide information as needed for the feasibility study, the Technical Energy Audit,
and other project development activities
g. Work with ESCO to develop /refine project parameters
h. Review /approve ESCO proposals, designs, and reports
i. Ensure recommendations of the GEO EPC Program during reviews are addressed to
the extent that such recommendations are reasonable
j. Make payments for ESCO services per contract terms
k. Make arrangements for project financing
1. Provide project management
m. Provide information as needed for measurement and verification activities.
5. Responsibilities of GEO EPC Program. The responsibilities of the GEO EPC Program
include, but are not necessarily limited to:
a. Actively promote the program and educate potential participants about the benefits
and implementation of energy performance contracts.
b. Work with Facility Owners to become program participants and to commit to a
Facility Owner MOU
c. Help Facility Owner procure services of an ESCO from the pre - qualified list
d. Provide information on the website for currently pre - qualified ESCOs, as provided
and updated by the ESCO, providing a link to the ESCO's website for more detailed
information.
e. Help Facility Owner develop and initiate a performance contracting project
f Facilitate the performance contracting process, to help ensure commitments are met
by both the Facility Owner and the ESCO
g. Provide technical guidance to the Facility Owner, attending on -site meetings between
the Facility Owner and ESCO as needed
h. Help develop the GEO EPC Program Standard Technical Energy Audit and Energy
Performance contracts with facility owner amendments as needed, for each project
i. Review audits, proposals, calculations, contracts, and measurement and verification
reports
j. Monitor project implementation
k. identify solutions to mediate any conflicts between Facility Owner and ESCO.
Colorado Governor's Energy Office Page 3
Colorado Energy Performance Contracting Program
Facility Owner's MOU
6. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU EVER BE
CONSTRUED OR INTERPRETED AS CREATING, A BINDING AND LEGALLY
ENFORCEABLE CONTRACT BETWEEN THE PARTIES. THERE WILL BE NO
LEGAL OR EQUITABLE REMEDIES AVAILABLE TO EITHER PARTY IN THE
EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF
THIS MOU. THE SOLE REMEDY FOR THE FAILURE OF A PARTY TO FULLY
COMPLY WITH THE PROVISIONS OF THIS MOU WILL BE TERMINATION OF THIS
MOU.
7. Signatures In witness thereof, the parties to this MOU, either personally or through their
duly authorized representatives, have executed this MOU on the days and dates set out
below, and certify that they have read, understood, and agreed to the terms and conditions of
this MOU.
( A
Date
Program Manager
l d
D to
FACILITY OWNER
City of Pueblo, Colorado
Barbara A. Vidmar, President of City Council
Name (print)
Signature
December 22, 2008
Date
PLEASE SIGN AND DATE THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
Colorado Governor's Energy Office Page 4
Colorado Energy Performance Contracting Program
Facility Owner's MOU
COLORADO GOVERNOR'S ENERGY OFFICE
CONTACT INFO SHEET
Please complete the following form and include with your MOU. This information is
for GEO use only and will not be shared.
Primary Contact Info
Name
Title
Phone
Email
Address
ProiectInfo
Type of facilities included in your project
1.
2.
3.
4.
5.
Have you selected an ESCO? Yes
No
(ESCO)
Please list any immediate needs you have related to your performance contract.
Colorado Governor's Energy Office Page 5
Colorado Energy Performance Contracting Program
Facility Owner's MOU