HomeMy WebLinkAbout13952RESOLUTION NO. 13952
A RESOLUTION APPROVING A FACILITY OWNER
MEMORANDUM OF UNDERSTANING 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
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.
SECTION 2.
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.
SECTION 3.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Resolution and the attached Facility Owner Memorandum of
Understanding which are necessary or desirable to implement the transactions described
therein.
SECTION 4.
This Resolution shall become effective immediately upon final passage.
INTRODUCED April 23, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-4
Background Paper for Proposed
RESOLUTION
COUNCIL MEETING DATE:
April 23, 2018
TO: Council President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: John L. Vigil, Assistant City Manager
SUBJECT: A RESOLUTION APPROVING A FACILITY OWNER MEMORANDUM OF
UNDERSTANING 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
SUMMARY:
Attached for consideration is a request to approve a facility owner memorandum of
understanding between the State of Colorado Energy Office and the City of Pueblo, a
Municipal Corporation and authorizing the President of City Council to execute same.
PREVIOUS COUNCIL ACTION:
In December of 2008 City council passed Resolution #11496 approving a facility owner
Memorandum of Understanding between the State of Colorado Governor’s Energy Office
to allow the Colorado Governor’s Energy Office to provide support and assistance in the
development and implementation of an Energy Performance Contracting project.
BACKGROUND:
The Colorado Governor’s Energy Office aids local governments in the development of an
Energy Performance Contracting Program. The City completed a successful energy
performance contract in 2011 that resulted in numerous upgrades to City facilities paid
for by guaranteed energy savings. The City is interested in conducting a second phase
Energy Performance Contract. This Memorandum of Understanding allows the Colorado
Energy office to allocate time and assistance to the City of Pueblo but does not obligate
the City to follow through with a project. Following approval of the Memorandum of
Understanding, theColorado Governor’s Energy Office will educate City staff about the
benefits and actions required for the implementation of an Energy Performance Contract.
The Colorado Governor’s Energy Office will assist the City in procuring the services of an
Energy Service Company (ESCO), 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 Colorado Governor’s Energy Office 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 IMPLICATIONS:
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 as part of
this Memorandum of Understanding with theColorado Energy Office.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
City Council could choose not to authorize the Memorandum of Understanding, and the
City could pursue an energy performance contract without the aid and assistance of the
Colorado Governor’s Energy Office.
RECOMMENDATION:
Staff recommends approval of this resolution
Attachments:
Memorandum of Understanding
.
,^ CEO COLORADO MEMORANDUM OF
CO Energy Office UNDERSTANDING
Energy Performance Contracting
between the C'EO and City of Pueblo
Overview
One hallmark of success in the Colorado Energy Office's (CEO's) Energy Performance
Contracting Program (EPC) is the support provided by one of CEO's EPC project consultants to
each and every EPC project. A CEO EPC project consultant provides coaching and technical
assistance to the Facility Owner every step of the way to ensure that the Colorado Energy
Performance Contracting Program is a successful experience for all.
The EPC Program brochure describes Colorado's Standards for Success for the relationship
between CEO and its clients and their energy service company. It also outlines the coaching
and technical assistance provided Program participants at no charge throughout the life cycle
of an EPC project. CEO does this to ensure a successful experience through what can be an
involved technical, legal and financial process.
In addition, CEO offers standardized program contracts and processes and a pool of pre-
qualified Energy Service Companies to make EPC projects even more approachable.
To benefit from this package of coaching and technical assistance, please:
1. Have the authorized signer from your state agency or local jurisdiction sign the
following non-binding Memorandum of Understanding;
2. Complete the attached Facility Owner Information sheet; and
3. Return the paperwork to Mirka della Cava, Energy Performance Contracting Program
Manager at mirka.detlacava@state.co.us or the address below. Should you have any
questions or concerns, her direct phone number is 303.866.3464.
Best wishes for your venture into energy and cost savings!
1580 Logan Street, Suite 100, Denver CO 80203 P 303.866.2100 F 303.866.2930 www.colorado.gov/energy /oti A
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x.1876'",,:
Updated June 2017
MEMORANDUM OF UNDERSTANDING
between the COLORADO ENERGY OFFICE
and CITY OF PUEBLO
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the STATE
OF COLORADO (the "State"), acting by and through the Colorado Energy Office (the "CEO"), and City of
Pueblo(the "Facility Owner"). "Party" means the State, CEO or Facility Owner and "Parties" means
both the State/CEO and the Facility Owner.
RECITALS
WHEREAS, in compliance with the State Procurement Code as set forth in section 24-101-
101, et seq.,C.R.S. and any applicable public bidding requirements, the CEO issued a Request for
Proposals("RFP")to energy service companies ("ESCOs")to provide as needed energy performance
contract services for its Energy Performance Contracting Program; and
WHEREAS, as a result of the RFP process, CEO maintains a list of pre-qualified ESCOs that
are eligible for final selection by State agencies and local governments and/or municipalities to provide
energy performance contracting services; and
WHEREAS,the purpose of this MOU is to provide the Facility Owner with access to the services
and support of the CEO's Energy Performance Contracting("EPC") Program; and
WHEREAS, in furtherance of the purpose of this MOU, the CEO is available to assist the Facility
Owner with the development and implementation of EPC projects, as well as to encourage the Facility
Owner to adhere to the guidelines of the EPC Program.
NOW,THEREFORE,for and in consideration of the mutual covenants and the representations and
covenants contained herein,the parties hereto agree as follows:
1. Effective Date of MOU. This MOU shall become effective upon the later date on which the
Director or authorized designee of CEO, or the representative for the Facility Owner has signed it.
2. Term of MOU. The Parties' respective performances under this MOU shall commence on the
Effective Date and shall expire one year from date of signature or at the end of the term of services
contracted from a pre-qualified ESCO.
3. Responsibilities of the CEO and the EPC Program to Facility Owner. The responsibilities of the CEO
and the EPC Program include, but are not limited to:
a. Upon execution of this MOU, CEO will assign an EPC project consultant to provide advice and
technical assistance throughout the lifecycle of Facility Owner's project.
b. CEO will provide the Facility Owner with information on the CEO website regarding the pre-
approved, pre-qualified list of ESCOs,which includes links to the ESCOs'website for further
information;
c. CEO will assist Facility Owner to procure the services of an ESCO from the pre-qualified list of
approved ESCOs;
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d. CEO will assist the Facility Owner with technical guidance in order to develop and execute a
Technical Energy Audit and Project Proposal Contract with a pre-qualified ESCO and also support
the Facility Owner with any amendments thereof;
e. CEO will provide technical guidance to the Facility Owner and attend on-site meetings between
the Facility Owner and ESCO, as needed and subject to availability;
f. CEO will assist the Facility Owner to develop and initiate an energy performance contract
project;
g. CEO will monitor project implementation for audits and for energy performance contract
projects;
h. CEO will facilitate the energy performance contract process to ensure commitments are met by
both the ESCO and the Facility Owner;
i. CEO will review Facility Owner's audits, proposals, calculations, contracts and measurement and
verification reports;
j. As required for school districts and requested by other public agencies,the CEO will complete a
construction walk-through of project facilities prior to the "Notice of Substantial Completion"
documents being finalized;
k. If applicable, CEO will identify possible solutions to mediate any conflicts between the Facility
Owner and the ESCO.
4. Responsibilities of the Facility Owner. The responsibilities of the Facility Owner include:
a. By executing this MOU, Facility Owner agrees to program participation in CEO's EPC Program
and engage the CEO for assistance in all stages of the EPC Program, including project
development;
b. Using a secondary selection process, Facility Owner agrees to select an ESCO from CEO's current
pre-qualified list of ESCOs and which meets the requirements of Facility Owner's procurement
rules, regulations and statutes (if applicable);
c. Facility Owner will provide information as needed for the feasibility study/technical energy audit
and any other project development activities;
d. Facility Owner will review/approve the ESCO's proposals, designs and reports in a timely
manner;
e. Facility Owner agrees to execute CEO approved contracts with the ESCO;
f. Facility Owner agrees to arrange for project financing, and with the assistance and advice of
legal counsel, execute appropriate financing documents and EPC contract;
g. Facility Owner agrees to provide project management;
h. Facility Owner will endeavor to work with the pre-qualified ESCO to develop and refine project
parameters and any other project development activities;
i. Facility Owner will assign its staff, employees, representatives to the facility project team
including operations, maintenance,financial and upper management personnel;
j. Depending on the subject matter to be discussed, Facility Owner will ensure appropriate
personnel attend project development meetings;
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k. Facility Owner will provide access to and escort ESCO, its subcontractors and CEO to buildings
during mutually agreed-upon hours;
I. If Facility Owner is a school district, Facility Owner agrees to allow CEO to complete a
construction walk-through of project facilities prior to the "Notice of Substantial Completion"
documents being finalized;
I. During project reviews and any other reviews, Facility Owner will endeavor to address CEO's
recommendations;
m. As requested by CEO and as needed, Facility Owner agrees to provide CEO with information
regarding measurement and verification activities.
5. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU BE CONSTRUED OR INTERPRETED AS
CREATING A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN THE PARTIES. IN THE
EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU, THERE
WILL BE NO LEGAL OR EQUITABLE REMEDIES AVAILABLE TO EITHER PARTY. THE SOLE REMEDY
AVAILABLE TO THE PARTIES FOR FAILURE TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU
IS TO TERMINATE THIS MOU.THE FACILITY OWNER ACKNOWLEDGES AND AGREES THAT CEO'S
SERVICES MAY INCLUDE ADVICE AND RECOMMENDATIONS, BUT ALL DECISIONS IN CONNECTION
WITH THE FACILITY OWNER'S EPC PROJECT SHALL BE THE SOLE RESPONSIBILITY OF THE FACILITY
OWNER, ITS AGENTS AND CONTRACTORS.
6. Signatures. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date.
STATE OF COLORADO, acting by and through the FACILITY OWNER:
COLORADO ENERGY OFFICE CITY OF PUEBLO
—11111' /711 /
AMS w.231)1
Kathleen Staks, CEO Director Date Name: �ristopher A. Nicoll Date
Title: President of City Council
/Yes! I have reviewed this MOU
and accept CEO's free technical
support for an EPC project.
_ No thank you. I have reviewed
this MOU and decline CEO's free
/ technical support for an EPC
I 1 5 1t project.
Mirka della Cava Date
EPC Program Manager
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* CEO COLORADO
CO % Energy Office
r' Ir
FACILITY OWNER INFORMATION
for CEO use only
Owner's representative
Name
Title
Mailing address
Email address
Direct office phone
Cell phone
Project Information
Types of facilities to be 1.
assessed for energy savings: 2.
3.
4.
5.
6.
7.
8.
Have you selected an ESCO? Yes. Name: ri No
Please list any Immediate needs you have related to your performance contract.
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