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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