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HomeMy WebLinkAbout10788 City Clerk's Office Item # R16 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 9, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Harley Gifford, Deputy City Attorney SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND CITIZEN ENERGY, LLC, A DISTRICT OF COLUMBIA LIMITED LIABILITY COMPANY, REGARDING MEMBER AGENCY MATCH FUNDING FOR THE U.S. DEPARTMENT OF TRANSPND FUELING INFRASTRUCTURE DISCRETIONARY GRANT OPPORTUNITY SUMMARY: Attached is a pre-award memorandum of understanding between the City of Pueblo and Citizen Energy, LLC, a District of Columbia, LLC, regarding a member agency Infrastructure Discretionary Grant Opportunity. PREVIOUS COUNCIL ACTION: Not applicable. BACKGROUND: Pursuant to Notice of Funding Opportunity N Investment and Jobs Act. The CFI Program seeks to award grant funding to address environmental justice, particularly for economically disadvantaged and other communities (prioritizing rural areas and low and moderate-income neighborhoods) that may disproportionately experience the consequences of either climate change or other pollutants. The Federal share of the cost of a project carried out with CFI Program Grant Funds shall not exceed 80 percent of the total project cost. If the City is awarded the CFI Program Grant Funds, the City must provide at least 20 percent of the total project cost as a matching share. Further, the City is required to contract with a private entity (a corporation, partnership, company, or nonprofit organization) for the acquisition and installation of EV charging infrastructure and for the construction, maintenance, or operation of EV charging infrastructure. The CFI Program requires the private entity to contractually agree to pay the 20% match amount of the project cost carried out with CFI Program Funds. In order to receive CFI Program Funds, the City must demonstrate it has taken best efforts to require the private entity to contractually pay for the non- federal share. As such, the City and Citizen Energy, LLC desire to enter into the attached MOU to set forth the terms of the Agreement should city be awarded CFI Program Funds and Citizen Energy, LLC be required to pay the non-Federal match share of the project cost. FINANCIAL IMPLICATIONS: There is no financial implication associated with the approval of this MOU. Should the City be awarded CFI Program Funds, there will be costs associated with the completion of the project. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Do no approve the Ordinance. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 2024 DOT CFI NOFO Project Grant Application 2. Citizen Energy Preaward MOU Signed ORDINANCE NO. 10788 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND CITIZEN ENERGY, LLC, A DISTRICT OF COLUMBIA LIMITED LIABILITY COMPANY, REGARDING MEMBER AGENCY MATCH FUNDING FOR THE U.S. DEPARTMENT OF GING AND FUELING INFRASTRUCTURE DISCRETIONARY GRANT OPPORTUNITY WHEREAS, pursuant to Notice of Funding Opportunity Number 693JJ324NF00017 scretionary and WHEREAS, the CFI Program seeks to award grant funding for economically disadvantaged communities for the installation of EV charging stations; and WHEREAS, the Federal share of the cost of a project carried out with CFI Program grant funds shall not exceed 80 percent of the total project cost, requiring awardees to provide at least 20 percent of the total project cost as a matching share; and WHEREAS, the CFI Program requires the City contract with a private entity (a corporation, partnership, company, or nonprofit organization) for the acquisition and installation of EV charging infrastructure and for the construction, maintenance, or operation of EV Charging infrastructure; and WHEREAS, the CFI Program requires the private entity to contractually agree to pay the 20% non-Federal share of the project cost carried out with CFI Program funds; and WHEREAS, City and Citizen Energy, LLC, a District of Columbia Limited Liability Company desire to enter into a Memorandum of Understanding, attached hereto and incorporated herein, to set for the terms of agreement should City be awarded CFI Program funds and Citizen Energy, LLC, be required to pay the non-Federal share of the project cost; and WHEREAS, approval of the Memorandum of Understanding is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding between the City and Citizen Energy, LLC, regarding member a and Fueling Infrastructure Discretionary Grant Opportunity, true copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with intent of this Ordinance and the attached contract to effectuate the transactions described therein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2024. Final adoption of Ordinance by City Council on September 9, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk