HomeMy WebLinkAbout08119ORDINANCE NO. 8119
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND PUEBLO COUNTY
RELATING TO THE PUEBLO CITY - COUNTY NEW ENERGY
COMMUNITY INITIATIVE AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME, AND
BUDGETING AND APPROPRIATING $500,000 THEREFORE
WHEREAS, the Colorado Department of Local Affairs Energy and Mineral Impact
Assistance Program ( "DOLK) has awarded a grant in the amount of $1,000,000 to the
City of Pueblo ( "City ") and Pueblo County ( "County ") for the Pueblo Sustainability
Energy and Community Livability Project ( "Project "), and
WHEREAS, the City and County desire to enter into an Intergovernmental
Agreement to clarify each party's responsibilities for funding, budgeting and project
administration required for said Project, and
WHEREAS, the County will function as the Administrator and disburse the City's
portion of the DOLA funding in the amount of $500,000 upon receipt of the funding to
the City of Pueblo;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
An Intergovernmental Agreement ( "Agreement') between the City of Pueblo, a
Municipal Corporation and Pueblo County for the project, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved.
SFrTinN 9
The President of City Council is hereby authorized to execute and deliver said
Agreement 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.
SECTION 3.
Funds received under the Agreement are hereby budgeted and appropriated into
the following projects for expenditure in accordance with the terms of the Agreement:
PL0904 City Hall Interior Renovation $420,000
PL0907 Downtown Walkable /Livability Plan $ 40,000
PL0908 City- County Sustainability Team $ 35,000
PL0909 Carbon Footprint Baseline Analysis $ 5,000
SECTION 4.
In -kind contributions in the amount of $50,000 identified in the Agreement will be
provided by City.
INTRODUCED: November 23, 2009
BY: Judy Weaver
COUNCIL PERSON
A77TSTDD SY:
CITY CLERK
APPR D' } �,
PRESIDENTaf Cfty Council
PASSED AND APPROVED: December 28, 2009
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -1
DATE: NOVEMBER 23, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND PUEBLO COUNTY RELATING TO THE PUEBLO CITY -
COUNTY NEW ENERGY COMMUNITY INITIATIVE AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME, AND BUDGETING AND
APPROPRIATING $500,000 THEREFORE
ISSUE
Should the City Council approve an IGA between the City and County relating to the
Pueblo City- County New Energy Community Initiative and budget and appropriate
$500,000 for the project?
Approve the Ordinance.
BACKGROUND
This Ordinance establishes the New Energy Communities Project and budgets and
appropriates the $500,000 of grant funds for the project. The Pueblo City- County New
Energy Community Initiative received a grant in the amount of $1,000,000 from the
Colorado Department of Local Affairs Energy Impact Assistance Program ( "DOLA ").
Half of the funds ($500,000) will be used for by the City to assist in the completion
energy efficiency improvements as part of the City Hall renovation project, planning and
review of City codes to improve downtown pedestrian walkability and connectivity, and a
community carbon footprint baseline analysis. The City will provide a total of $420,000
in cash match from the City Hall Interior Renovation Project and $50,000 of in -kind
services. The in -kind services include staff participation in a sustainability committee
($20,000), the labor to replace pedestrian signal heads in the downtown ($15,000), and
a combined $15,000 of planning staff time to assist with the pedestrian /code study and
the community carbon footprint baseline analysis. The County will enter into the grant
contract with DOLA and administer the grant project. A requirement of the joint award
of funding is an IGA between the City and County clarifying each party's responsibilities
for funding, budgeting and project administration required for the Project, a copy of
which is attached.
FINANCIAL IMPACT
The grant funds received under the IGA will be budgeted and appropriated into the
following projects for expenditure in accordance with the terms of the DOLA grant:
PL0904 City Hall Interior Renovation $420,000
PL0907 Downtown Walkable /Livability Plan $ 40,000
PL0908 City- County Sustainability Team $ 35,000
PL0909 Carbon Footprint Baseline Analysis $ 5,000
Total $500,000
INTERGOVERNMENTAL AGREEMENT
NEW ENERGY COMMUNITY INITIATIVE
THIS AGREEMENT is made and entered into effective this 28 day of
December , 2009, by and between Pueblo County, Colorado, a body corporate and politic,
hereinafter referred to as "County" and the City of Pueblo, a Municipal Corporation, hereinafter
referred to as "City" both of which are hereinafter referred to as "Parties."
RECITALS:
A. Section 18(2)(a) and (b) of Article XIV of the Constitution of the State of Colorado
and the Colorado Intergovernmental Relationships Statute, C.R.S. § 29 -1 -201, et seq., authorizes
political subdivisions to cooperate and contract with one another to provide any function, service or
facility lawfully authorized to each of the contracting units, including the sharing of costs, if such
contract sets forth fully the purposes, powers, rights, obligations, and responsibilities, financial or
otherwise, of the contracting parties.
B. The Board of County Commissioners is statutorily authorized to engage in specific
environmental sustainability, energy efficiency and renewable energy efforts pursuant to C.R.S. § 29-
12.5 -101, et seq., C.R.S. § 30 -11 -107, C.R.S. §30 -20 -601.5 and related statutes.
D. The County and City jointly applied for a Department of Local Affairs (DOLA)
energy and mineral impact assistance program grant in September 2008, under the "New Energy
Communities Initiative" (NEC) to assist with the "Pueblo County and the City of Pueblo Sustainable
Energy and Community Livability Project' to maximize energy efficiency and conservation, enhance
community sustainability, promote economic development in downtowns, and address climate
change by reducing carbon emissions.
E. The County and City desires to cooperate and enter into an Intergovernmental
Agreement setting forth the tern and conditions for said project.
NOW, THEREFORE, FOR AND IN CONSIDERATION, of the foregoing and the
mutual promises, covenants, terms and conditions contained herein, City and County agree as
follows:
DESCRIPTION OF THE PROJECT
1. Project Scope. City and County hereby agree to cooperate in the project entitled the
"Pueblo County and the City of Pueblo Sustainable Energy and Community Livability Project"
which is the subject of this Agreement and consists of the revised Scope of Services of the energy
and mineral impact assistance program grant application electronically submitted to DOLA and is
included herein by this reference as Exhibit A.
2. Date of Commencement and Substantial Completion. Commencement of work
under this Agreement shall begin upon execution of the DOLA Grant Contract and this Agreement.
It is the intent of the Parties that the project will be completed by December 31, 2012.
3. Project Cost. Total cost for the project shall not exceed $2,990,000, including state
and local funding, unless either the County or City elects to exceed that amount and receives DOLA
approval and amends this agreement.
4. Pueblo City-County Sustainable Team. The Pueblo City - County Sustainable Team
is hereby created and established with representatives from the City of Pueblo and Pueblo County,
local utility companies, economic development organizations, public health, schools and the
workforce development center to assist with carrying out the responsibilities and activities under the
DOLA Grant Contract.
OBLIGATIONS OF CITY
As consideration for the performance of the County hereunder, the City agrees to undertake
the following obligations during the term of this Agreement:
5. To carry out and perform the specific portions of the Scope of Services for the City of
Pueblo are outlined in Exhibit A and participate in the Pueblo City - County Sustainable Team.
6. Advertise a request for competitive bids for the construction of any portions the
project and award the construction contract to the lowest responsible bidder.
7. Manage the construction of the project including contract administration, payments
and inspections as required by law.
8. Maintain and make available to the County detailed financial records including work
performed, invoices and approved pay requests and payments made to the contractors.
9. To the extent authorized by law, City shall indemnify and hold harmless the County, its
officers, directors, agents and employees, as officials and individuals, from and against any and all
claims, demands, actions, and suits of any kind or nature whatsoever arising under any applicable
worker's compensation laws or other public liability law made as a result of the Project or this
Agreement including, but not limited to, defects in any items purchased herewith and any component
parts thereof for which claims, demands or suits may be brought against the County, its officers,
directors, agents and employees or costs or fees incurred by them in defending any action arising
from any such claim, demand or suit, including, but not limited to, reasonable attorney's fees, except
to the extent that such liability is adjudicated to be the result of the negligent or intentional actions of
the County, its officers, directors, agents and employees.
OBLIGATIONS OF COUNTY
As consideration for the performance of the City hereunder, the County agrees to undertake
the following obligations during the tern of this Agreement:
10. Payments. The County will function as the Administrator under the DOLA Grant
Contract and disburse the City's portion of the DOLA funding in the amount of $500,000.00 upon
receipt of the funding to the City of Pueblo per Exhibit A.
11. To carry out and perform the specific portions of the Scope of Services for Pueblo
County which are outlined in Exhibit A and participate in the Pueblo City - County Sustainable Team
and act as Pueblo County Sustainability Manager.
12. Advertise a request for competitive bids for the construction of any portions the
project and award the construction contract to the lowest responsible bidder.
13. Manage the construction of the project including contract administration, payments
and inspections as required by law.
14. Maintain detailed financial records including work performed, invoices and approved
pay requests and payments made to the contractors.
OTHER PROVISIONS:
The parties agree that their performance under this Agreement shall be subject to the
following provisions:
15. Term. The term of this Agreement shall commence on the date first set forth herein
and shall end on December 31. 2012.
16. Liability Exposure. Notwithstanding any other provision of this Agreement, no
term or condition of this Agreement shall be construed or interpreted as a waiver of any provision of
the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seg., by City or County.
17. Complete Agreement. This Agreement constitutes the complete Agreement on the
subject hereof and supersedes and replaces all prior oral and written understandings and /or
agreements of the parties on the subject hereof.
18. Governing Law. This Agreement and the rights and duties of the parties shall be
construed and interpreted and enforced in accordance within the laws of the State of Colorado.
19. Modifications. This Agreement may not be modified or amended in any manner by
either or both of the parties unless the same is set forth in a written agreement making reference to
this Agreement and signed by the parties hereto. No waiver of any of this Agreement's provision or
conditions shall be binding unless made in writing and signed by the Chair of the Board of County
Commissioners and the President of the City Council.
20. Binding Agreement. When executed by the parties, this Agreement shall constitute
a binding Agreement and shall be binding upon and inure to the benefit of the parties and their
respective legal representatives, successors and permitted assigns. Any delegation or assignment of
this Agreement or any of the obligations set forth herein by either party without the prior written
consent of the other party shall be void and of no force and effect.
21. Severable. If any provision of this Agreement shall be determined invalid, illegal or
without force by a Court of Law or rendered so by legislative act, the remaining provisions shall
remain in full force and effect.
22. Waiver. Failure to exercise any remedy which either party may have under this
Agreement or any other acquiescence by one party, shall not constitute a waiver of any obligation of
the defaulting party hereunder.
23. Notices: All notices required under this Agreement shall be sent in writing by
certified or registered mail, return receipt requested, to the following address:
City of Pueblo
Attn: City Manager
1 City Hall Place
Pueblo, CO 81003
Pueblo County, Colorado
Attn: Pueblo County Attorney
215 W. 10th St., Rm. 312
Pueblo, CO 81003
24. Captions. Captions and headings used in this Agreement are for identification only
and shall be disregarded in any construction or interpretation of the provisions of this Agreement.
25. Appropriations of Funds. This Agreement is expressly made subject to the annual
appropriation of funds by City and County for its performance and upon failure of City or County to
appropriate funds for this Agreement, said Agreement shall be terminated without liability to either
party.
26. No Third Party Beneficiary. Enforcement of the terms and conditions of this
Agreement shall be strictly reserved to the City and County and nothing contained in this
Agreement shall give or allow any claim or right of action by any other party or third person.
27. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
agreement.
4
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date
first above written.
ATTEST:
By:, �13r9�a\
City erk
CITY OF PUEBLO
By: �/.G�l✓
President of the City Council
ATTEST:
Clerk to the :�
PUEBLO COUNTY, COLORADO
By: Cs 'A t,u t--z
Chair, Board of County Commissioners
U:1BW11PDK CITY - COUNTY NEC DOLA.DOC
Exhibit A
New Energy Communities (NEC) Application (Revised 11106109)
Pueblo Sustainable Energy and Community Livability Project
Scope of Work
On November 3, 2008, Pueblo County and the City of Pueblo were notified that the joint
application for the Pueblo Sustainable Energy and Community Livability Project was
funded in the amount of $1,000,000 by the Colorado Department of Local
Affairs /Governor's Energy Office New Energy Communities (NEC) grant program. The
following revisions to the application are the result of the reduced award level (original
application requested $2,000,000) and related activities that have occurred since
submission of the grant application.
1. Sustainability Team
a. Pueblo City- County Sustainability "Green" Team — Under the leadership of
Pueblo County and the City of Pueblo, a new community -wide team has been
organized. The first meeting was held on August 26 with representatives of utility
companies, economic development organizations, public health, schools, and the
workforce development center. Meeting monthly, the new Sustainability Team
will be expanded to include other agencies and groups involved with
sustainability and energy conservation efforts. It is estimated that the team will
meet one per month for 1.5 hours with an average of 12 members in attendance.
The average weighted per hour cost per City employee is $80.00 per hour. The
estimated total City staff in -kind cost will be $14,000.00. This team will assist
the City and County in carrying out its responsibilities and activities under the
GEO /EECBG grant programs including but not limited to
Develop an Energy Efficiency and Conservation Strategy (EECS) for Pueblo
County.
Deliver community clean energy training, public outreach and education.
Develop a community energy profile and impact statement including short,
mid, and long -term community clean energy goals.
Identify and explore residential, commercial, and utility scale renewable
energy opportunities within the community.
Identify gaps in local services and opportunities to develop green jobs and
businesses.
Identify opportunities to develop new businesses and remove barriers for new
energy economy businesses.
b. Pueblo County Energy Manager An Energy Coordinator and internal County
Energy Team have been appointed by the Pueblo County Commissioners. The
Energy Coordinator will be the local focal point for the GEO /EECBG grant
programs and assist with facilitating the community -wide Sustainability Team.
The Energy Coordinator and internal Energy Team will review all County policies
and Sustainability activities and make recommendations to the BOCC on energy
related improvements to County facilities and operations. The internal team is
composed of the following Pueblo County staff:
Kim Giordano, Director
Department of Finance
Fran McClave, CD Specialist
Department of Finance
John Scutti, Director
Department of Facilities
Greg Severance, Director
Department of Public Works
Ted Ortiviz, Director
Department of HHS eatherization)
Aimee Tihonovich, Director
Department of Economic Development
Carl Chavez, Director
Fleet
Chris Markuson
GIS
c. City of Pueblo Sustainability Committee – The City Manager has appointed an
internal team of staff from nine departments to review the technical energy audit
and make recommendations on the energy efficiency investments that could be
included as part of the City's performance contract. Opportunities the energy
committee will work on include: 1) continue investigating the feasibility of using
LED outdoor lighting on street lights in cooperation with Black Hills Energy; 2)
explore implementation of a recycling program within city departments and
facilities that encourages city employees and the public to recycle; 3) evaluate
using biodiesel in municipal diesel - fueled vehicles, as well as the development of
a regional multi - governmental biodiesel facility that utilizes crops grown in the
Arkansas Valley; 4) expand the use of wind turbines to included city facilities;
and 5) continue with projects to reduce the use of energy at city facilities. It is
estimated that the team will meet one per month for 1.5 hours with an average of
8 members in attendance. The average weighted per hour cost per Ciiy
employee is $80.00 per hour. The estimated total City staff in -kind cost will be
$11,000.00. The City's internal team is composed of the following staff:
Planning Development
Scott Hobson, ACM Community Investment
Buildings and Grounds
Kip Mor hew, Building & Grounds Superintendent
Housing & Human Services
Bryan Gallagher, Comm. Development Coordinator
Parks Department
Creighton Wright, Director
Police Department
Dayton Robinson, Captain
Fire Department
Shawn Shelton, Assistant Fire Chief
Wastewater Department
Gene Michael, Director
Public Works Department
Earl Wilkinson, Director
Transportation
Pepper Whittlef, Transportation Engineer
Finance Department
Lara Barrett, Accountant II
City Mana ger's Office
Jerry Pachec City Manager
2. Greening Public Facilities
a. Energy Performance Contracting Pueblo County has long benefited from
energy efficiency improvements through a contract with Rocky Mountain Trane to
upgrade to HVAC, controls, and lighting systems. For the past ten years, these
upgrades have been funded and implemented internally. Now, after
considerable review and research, Pueblo County is prepared to enter into an
Energy Performance Contract with Johnson Controls, Inc. (JCI). This pre -
qualified Energy Service Company (ESCO) through the GEO will conduct a
comprehensive evaluation of all County facilities to achieve the benefit of
bundling short and longer payback measures. A contract between Pueblo
County and JCI is being negotiated at this time.
In September, 2009, the City of Pueblo went through a selection process for an
Energy Service Company and has also selected JCI to complete a technical
energy audit on city buildings. The City will be entering into a contract with JCI in
November, 2009 for the completion of the energy audit. This audit will lead to a
performance contract package to fund energy efficiency capital improvements at
existing city facilities, street crossings, as well as the potential of a photovoltaic
system added to the new Main Street Parking Garage (a joint venture of the City
of Pueblo and the Pueblo Urban Renewal Authority). JCI has completed a
preliminary review of the City's building and outdoor public lighting areas. They
have indicated that the TEA will likely identify potential energy savings in the
range of 15 % -20% which could likely result in a performance contract in the
range of $4 -$6 million dollars in energy efficiency improvements that are paid for
through future energy savings.
b. Pueblo County Judicial Building — The New Energy Community funding will be
used to buy down the investment in energy efficiency design and improvements
at the County's new Judicial Building located in downtown Pueblo. Pueblo
County through the architectural design process will identify the construction and
equipping of the Judicial Building with energy efficient materials and systems that
will qualify the building for LEED's certification. Systems that are anticipated to
be utilized in the building include solar thermal heat supply for the domestic hot
water and radiant heat for the rotunda /vestibule area, return air harvesting, as
well as 250 -260 photovoltaic (PV) panels incorporated into an on -site renewable
energy system. The PV system will include all the PV panels, electric
conductors, panels, and transformers. It is estimated that 46.0 kW of energy or
2% of the calculated required energy capacity of the building would be harvested
from the PV system. A public interface kiosk with a read -out station so the public
will be able to see the amount of electricity being produced by the panels in real
time is planned for the building.
c. City Public Buildings and Facilities — The New Energy Community funding will be
used to buy down the investment in energy efficiency improvements at the City's
downtown public buildings and facilities. The technical energy audit of these
facilities will provide a list of potential energy saving improvements that could be
completed and the estimated energy cost savings that will be achieved for each
energy improvement. The City, in cooperation with JCI will determine what
energy improvements will be included in the performance contract and $420,000
of the New Energy Community funds will be used to "buy down" the capital
investment costs for these improvements. The City's buildings and facilities in
the downtown that will be included are City Hall /Memorial Hall, Pueblo Plaza Ice
Arena, downtown Fire Station No. 1, and the Main Street Parking Garage. The
types of energy efficiency improvements could include lighting, HVAC systems,
skylights, windows, light and heat controls'
3. Downtown Walkable /Livability Incentives -The City of Pueblo and Pueblo County will
work cooperatively on the completion of a Pedestrian and Livability Strategy
component of the Pueblo Downtown Framework Plan including a recommended
changes to city design standards to provide improvements for pedestrian walkability
and connectivity. One of the main focuses of the strategy will be to plan for the
integration of walkways from the Pueblo County Judicial Building that provides easy
accessibility to other downtown businesses, museums, public spaces, parking and
access to the downtown public transportation center. The plan will develop a phased
strategy to implement projects to make a more walkable and safer pedestrian friendly
environment in the central downtown. The project will help achieve our goal to
enable pedestrians with a 5- minute or less walk between most buildings in the
central downtown. A cost of $85,000 is estimated for the completion of the plan and
project strategy.
Carbon Footprint Baseline Analysis - A detailed inventory of the amounts and
sources of carbon dioxide emissions within Pueblo County will be compiled as part of
a baseline analysis, or carbon footprint. The carbon analysis will identify significant
emissions from all sectors: residential, commercial and industrial. An awareness of
carbon emissions is critical as a first step in developing an action plan to reduce
carbon emissions in any meaningful and sustainable way. A cost of $5,000 is
estimated for the completion of the carbon footprint baseline analysis.
The follow up to the carbon footprint analysis is to develop a list of items that the city
and county government, as well as commercial and residential items that can be
acted on to reduce carbon emissions. The list ranges from adjusting thermostat
settings, to low -cost products like compact fluorescent lights, to investments in
Energy Star appliances and fuel- efficient vehicles. These actions not only will reduce
carbon emissions, but can also over time save money.
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C. PROJECT BUDGET. List expenditures and sources of revenue for the proiect. The totals on each side of the ledger must equal.
Expenditures
Sources of Revenue
(Dollar for Dollar Cash Match is Encouraged)
List Budget Line Items
List the sources of matching funds and indicate either
cash or documentable in -kind contribution
New Energy
Performance
Other
Funding
Communities
Total $
Contracting
Cash
In -Kind
Committed
Initial IV Grant
Re uest
Cash
Yes /No
ity Team
Sustaan
$ 55,000
$ 35,000
$20,000
o
Organization of a community -wide team coordinated by Pueblo
County and the City of Pueblo. Team includes representatives
Y
of utility companies, economic development organizations, public
health, schools, and the workforce development center.
Greening Public Buildings
$2,840,000
$ 920,000
$1,000,000
$920,000
Performance contracting for existing buildings, redevelopment of
public buildings in downtown Pueblo including a core downtown
Brownfields site for a County Judicial Center, energy efficiency
and renewable energy for these facilities, water -wise
Y
landscaping and stormwater systems, pedestrian oriented
improvements, education kiosks. planning and designing the
energy efficient and renewable energy features of the
building
Downtown Walkable /Livability Incentives
$ 85,000
$ 40,000
$ 20,000
$25,000
Downtown Framework Plan Update — Pedestrian & Livability
Strategy - $60,000 consultant fees, $10,000 City & County In-
Y
Kind for walkable /livable plan and city code updates, $15,000 In-
Kind from City of Pueblo Streets Department for Installation of
LED crossing signal heads
Carbon Footprint Baseline Analysis
$ 10,000
$ 5,000
$ 5,000
$5,000 consultant fees, $5,000 City & County In -Kind for
Y
mapping, printing, staff time to manage consultant contract
TOTAL
1 $2,990,000
$1,000,000
$1,000,000
$940,000
$50,000
Expenditures
Budget Line Items
Source of Funds
Sustainability Team
Greening Public Buildings
County Projects
City Projects
Downtown Walkable
/Livability Incentives
Carbon Footprint
Baseline Analysis
TOTAL
DOLA NEC COUNTY
FUNDS CASH
$35,000
$500,000
$420,000
$40,000
$500,000
$5,000
$1,000,000
CITY CITY TOTAL
CASH IN -KIND
$20,000 $55,000
$1,000,000
$1,420,000 $1,840,000
$20,000 $25,000 $85,000
$5,000 $10,000
$500,000 $1,440,000 $50,000 $2,990,000
M