The URL can be used to link to this page

Home My WebLink About08225 ORDINANCE NO. 8225 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO FOR AND ON BEHALF OF THE GOVERNOR’S ENERGY OFFICE FOR THE MAIN STREET EFFICIENCY INITIATIVE PROGRAM FUNDED THROUGH THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FOR THE PURPOSES OF PROVIDING ENERGY EFFICIENCY IMPROVEMENTS TO SMALL BUSINESSES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Memorandum of Understanding (“MOU’) between the City of Pueblo, a Municipal Corporation, and the State of Colorado Governor’s Energy Office, relating to the management of the Main Street Efficiency Initiative Program, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver said MOU in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED: June 14, 2010 BY: Judy Weaver /COUNCILPERSON PASSED AND APPROVED: June 28, 2010 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-10 June 14, 2010 DEPARTMENT: HOUSING AND CITIZEN SERVICES DIRECTOR – ADA RIVERA CLARK TITLE AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO FOR AND ON BEHALF OF THE GOVERNOR’S ENERGY OFFICE FOR THE MAIN STREET EFFICIENCY INITIATIVE PROGRAM FUNDED THROUGH THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FOR THE PURPOSES OF PROVIDING ENERGY EFFICIENCY IMPROVEMENTS TO SMALL BUSINESSES ISSUE Should the City Council approve the Memorandum of Understanding with the Governor's Energy Office, which will allow the State to deliver on behalf of the City the Main Street Initiative Program? RECOMMENDATION Approval of the Ordinance BACKGROUND The City of Pueblo received an Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy (DOE), in the amount of $1,007,000. The Grant, and its underlying projects, was recently approved by the DOE. This Program is one of the approved projects. The Governor’s Energy Office (GEO) approached various municipalities to determine their interests in having the State and its Contractor (Trident Energy Services) administer the Program. Four cities are participating in the Program- Arvada, Littleton, Pueblo and Westminster. The City set-aside $45,000 in EECBG funding for this Program and the State is providing $14,500 in matching funds. We anticipate providing energy audits and retrofit services to 11 small businesses with a maximum grant amount of $5,200. The service providers will be selected by the applicant and therefore should be local businesses. The State will be providing the marketing materials and City staff will market the Program through the two Chambers. The City and Trident will host a workshop in the near future to further explain the Program and take applications. The applications will be taken on a first-come/first-served basis. FINANCIAL IMPACT The City will set-aside $45,000 of its EECBG grant for this Program and matching funds in the amount of $14,500 are being provided by the State of Colorado. It is anticipated that these funds will assist 11 businesses improve their energy consumption. No general funds are being used for this Program. MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNOR'S ENERGY OFFICE AND THE CITY OF PUEBLO FOR THE GOVERNOR'S ENERGY OFFICE - MANAGED MAIN STREET EFFICIENCY INITIATIVE PROGRAM, SMALL BUSINESS EFFICIENCY PROGRAM OFCOto * _ ( * T S /NP NtJS� T * 1876 THE GOVERNOR'S ENERGY OFFICE 1580 Logan Street, Suite 100 Denver, CO 80203 PLEASE SIGN THREE (3) COPIES AND RETURN TO: TRIDENT ENERGY SERVICES 1430 NELSON ROAD, SUITE 204 LONGMONT, COLORADO 80501 (303) 247-0193 THE CITY OF PUEBLO'S MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is made this 28th day of June in the year 2010 between the State of Colorado Governor's Energy Office, hereinafter called GEO, and, the City of Pueblo, a Municipal Corporation hereinafter called the City. WHEREAS, GEO, through its GEO- Managed Main Street Efficiency Initiative (MSEI), has developed an energy efficiency program to be implemented for small businesses by GEO on the City's behalf called the Small Business Efficiency Program; and WHEREAS, GEO will manage and administer components of the program and will work with the City to implement key program steps where agreed. NOW, THEREFORE, it is agreed that: 1. Purpose of MOU. The purpose of this MOU is to describe the agreement between the GEO and the City for the development, management, and implementation of the City's EECGB- funded energy efficiency plan for small businesses, the Small Business Efficiency Program. GEO will be responsible for a majority of the program development and its administration and the City will be responsible for key tasks through the program process as described in the attached Scope of Work, Attachment A. 2. Term of MOU. This MOU becomes effective on the date signed by the GEO and shall terminate on December 31, 2011, unless the City elects to terminate it sooner. 3. Consideration. In consideration for the services rendered by the GEO under this MOU, the City shall engage in a good faith effort to support program implementation and encourage appropriate businesses to apply to the program. 4. Responsibilities of City and GEO. See Attachment A — Small Business Efficiency Program, the "Summary of Roles and Responsibilities" section for a description of the roles and responsibilities of the City and GEO. 5. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU EVER BE CONSTRUED OR INTERPRETED AS CREATING, A BINDING AND LEGALLY ENFORCEABLE CONTRACT OR INTERGOVERNMENTAL AGREEMENT BETWEEN THE PARTIES OR BETWEEN THE CITY OF PUEBLO AND ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO TRIDENT ENERGY SERVICES. 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. 6. 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. Colorado Governor's Energy Office Page 2 SBEP — GEO- Managed MSEI Program City's MOU COLORADO GOVERNOR'S ENERGY OFFICE ft' s/1/10 Angie Fyfe, Log Program fn.Ar Date Jo srae WIMP" r m Manager Date CITY Ray Aguilera_____ Name (print) ( C (itt , A , June 28, 2010 Signature Date Colorado Governor's Energy Office Page 3 SBEP — GEO- Managed MSEI Program City's MOU