HomeMy WebLinkAboutbocc.con.255.2010 CONTRACT # ;s 3
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING THE SIGNING OF A
MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF
COLORADO GOVERNOR'S ENERGY OFFICE AND PITKIN COUNTY TO
BECOME A PARTNER IN THE GOVERNOR'S ENERGY OFFICE'S
PERFORMANCE CONTRACTING PROGRAM
RESOLUTION NO. 004 -2010
1. Pitkin County recognizes that local government actions taken to reduce
greenhouse gas emissions through the reduction of resource consumption provide
multiple local benefits by decreasing air pollution, creating jobs, reducing energy
expenditures, and saving money for the local government, its businesses, and its
residents;
2. Pitkin County, through the adoption of an Energy Action Plan and Climate
Stabilization Resolution, made a commitment to implement policies, programs, and
operations to achieve significant, measurable, and sustainable reduction of operational
greenhouse gas emissions to contribute to the regional reduction targets;
3. Pitkin County, in the Climate Stabilization Resolution, set an annual goal to
reduce the County's contribution to climate change as a result of County operations by
decreasing resource usage (electricity, natural gas, diesel and unleaded fuel, water, and
vehicle miles from employee commuting) by 5% from the previous year's totals in 2009,
2010, and 2011;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that Pitkin County is hereby authorized to become a partner in
the Governor's Energy Office's Performance Contracting program, by signing the MOU
entitled "Facility Owner's Memorandum of Understanding for the Governor's Energy
Office Energy Performance Contracting Program."
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE l6` DAY
OF DECEMBER, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 27 DAY OF DECEMBER, 2009.
PUBLIC HEARING AND SECOND READING ON THE 13 DAY OF JANUARY,
2010.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 24
DAY OF JANUARY, 2010.
1
• TTEST: BOARD OF COUNTY COMMISSIONERS
�n OF PITKIN COUNTY, CO ORADO
AMf .• / tLV By 0 RAA 1 �
Jelette Jones I George Newman, Chair
D:1: uty Clerk & Reca. der
Date: / 5/ al/) 0
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely, Coun • omey Hilary etcher, Counivmanager
2
CONTRACT #/55
FACILITY OWNER'S MEMORANDUM OF
UNDERSTANDING
FOR THE GOVERNOR'S ENERGY OFFICE ENERGY
PERFORMANCE CONTRACTING PROGRAM
OF C OlO
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THE GOVERNOR'S ENERGY OFFICE
1580 Logan Street, Suite 100
Denver, CO 80203
PLEASE SIGN THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
•
3
FACILITY OWNER MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made this INSERT day of
INSERT in the year 2009 between the State of Colorado Governor's Energy Office,
hereinafter called GEO, and Pitkin County Govemment, hereinafter called the Facility
Owner.
WHEREAS, GEO, through its Energy Performance Contracting Program, used a state -
approved Request for Proposals (RFP) process to select Energy Service Companies (ESCOs)
to provide as- needed energy performance contracting services; and
WHEREAS, GEO will maintain a list of pre - qualified ESCOs that are eligible for final
selection by Colorado's state and local governments to provide performance contracting
services.
NOW, THEREFORE, it is agreed that:
1. Purpose of MOU. The purpose of this MOU is to provide Facility Owner access to the
services and support provided under the Colorado Governor's Energy Office Energy
Performance Contracting Program to assist in the development and implementation of
Energy Performance Contracting (EPC) projects and to encourage the Facility Owner to
follow and adhere to the guidelines of the program.
2. Term of MOU. This MOU becomes effective on the date signed by the Facility Owner
and shall terminate on June 30, 2010, unless the Facility Owner elects to terminate it sooner.
3. Consideration. In consideration for the services rendered by the GEO under this MOU,
the Facility Owner shall engage in a good faith effort to reduce its energy consumption
through participation in the GEO EPC Program and follow and generally adhere to its
guidelines, rules, and provisions.
4. Responsibilities of Facility Owner. The responsibilities of the Facility Owner include:
a. Agree to program participation by executing a Facility Owner Memorandum of
Understanding and engage the GEO EPC Program for assistance in project
development
b. Select an ESCO from GEO's current pre - qualified list, using a secondary selection
process that fulfills Facility Owner's procurement policies.
c. Assign members to the facility project team including operations, maintenance,
financial and upper management personnel
d. Ensure appropriate personnel attend project development meetings dependent upon
the subject matter to be discussed
e. Provide access and escort to buildings under reasonable conditions
Colorado Governor's Energy Office Page 2
Colorado Energy Performance Contracting Program
Facility Owner's MOU
q
f. Provide information as needed for the feasibility study, the Technical Energy Audit,
and other project development activities
g. Work with ESCO to develop /refine project parameters
h. Review /approve ESCO proposals, designs, and reports
i. Ensure recommendations of the GEO EPC Program during reviews are addressed to
the extent that such recommendations are reasonable
j. Make payments for ESCO services per contract terms
k. Make arrangements for project financing
1. Provide project management
m. Provide information as needed for measurement and verification activities.
5. Responsibilities of GEO EPC Program. The responsibilities of the GEO EPC Program
include, but are not necessarily limited to:
a. Actively promote the program and educate potential participants about the benefits
and implementation of energy performance contracts.
b. Work with Facility Owners to become program participants and to commit to a
Facility Owner MOU
c. Help Facility Owner procure services of an ESCO from the pre - qualified list
d. Provide information on the website for currently pre - qualified ESCOs, as provided
and updated by the ESCO, providing a link to the ESCO's website for more detailed
information.
e. Help Facility Owner develop and initiate a performance contracting project
f. Facilitate the performance contracting process, to help ensure commitments are met
by both the Facility Owner and the ESCO
g. Provide technical guidance to the Facility Owner, attending on -site meetings
between the Facility Owner and ESCO as needed
h. Help develop the GEO EPC Program Standard Technical Energy Audit and Energy
Performance contracts with facility owner amendments as needed, for each project
i. Review audits, proposals, calculations, contracts, and measurement and verification
reports
j. Monitor project implementation
k. Identify solutions to mediate any conflicts between Facility Owner and ESCO.
Colorado Governor's Energy Office Page 3
Colorado Energy Performance Contracting Program
Facility Owner's MOU
5
6. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU EVER BE
CONSTRUED OR INTERPRETED AS CREATING, A BINDING AND LEGALLY
ENFORCEABLE CONTRACT BETWEEN THE PARTIES. 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.
7. 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
Thomas Plant, Director Date
Joel Asrael, Program Manager Date
FACILITY OWNER
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Signature VV e
Da
PLEASE SIGN AND DATE THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
Colorado Governor's Energy Office Page 4
Colorado Energy Performance Contracting Program
Facility Owner's MOU
1 1
6. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU EVER BE
CONSTRUED OR INTERPRETED AS CREATING, A BINDING AND LEGALLY
ENFORCEABLE CONTRACT BETWEEN THE PARTIES. 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.
7. 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
I. e: (7a— A heielyd
Thomas P '" , Director / Date
41
v
eel Asrael, Program Manager 1 . , e
FACILITY OWNER
0
V torgb 10�JW tA/q I
Na j e (prin )
AAA) yVv er—, / CCO1 0
Signature Y Dafe
PLEASE SIGN AND DATE THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
Colorado Governor's Energy Office Page 4
Colorado Energy Performance Contracting Program
Facility Owner's MOU
FACILITY OWNER MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made this INSERT day of
INSERT in the year 2009 between the State of Colorado Governor's Energy Office,
hereinafter called GEO, and Pitkin County Govemment, hereinafter called the Facility
Owner.
WHEREAS, GEO, through its Energy Performance Contracting Program, used a state -
approved Request for Proposals (RFP) process to select Energy Service Companies (ESCOs)
to provide as- needed energy performance contracting services; and
WHEREAS, GEO will maintain a list of pre - qualified ESCOs that are eligible for final
selection by Colorado's state and Local governments to provide performance contracting
services.
NOW, THEREFORE, it is agreed that:
1. Purpose of MOU. The purpose of this MOU is to provide Facility Owner access to the
services and support provided under the Colorado Governor's Energy Office Energy
Performance Contracting Program to assist in the development and implementation of
Energy Performance Contracting (EPC) projects and to encourage the Facility Owner to
follow and adhere to the guidelines of the program.
2. Term of MOU. This MOU becomes effective on the date signed by the Facility Owner
and shall terminate on June 30, 2010, unless the Facility Owner elects to terminate it sooner.
3. Consideration. In consideration for the services rendered by the GEO under this MOU,
the Facility Owner shall engage in a good faith effort to reduce its energy consumption
through participation in the GEO EPC Program and follow and generally adhere to its
guidelines, rules, and provisions.
4. Responsibilities of Facility Owner. The responsibilities of the Facility Owner include:
a. Agree to program participation by executing a Facility Owner Memorandum of
Understanding and engage the GEO EPC Program for assistance in project
development
b. Select an ESCO from CEO's current pre - qualified list, using a secondary selection
process that fulfills Facility Owner's procurement policies.
c. Assign members to the facility project team including operations, maintenance,
financial and upper management personnel
d. Ensure appropriate personnel attend project development meetings dependent upon
the subject matter to be discussed
e. Provide access and escort to buildings under reasonable conditions
Colorado Governor's Energy Office Page 2
Colorado Energy Performance Contracting Program
Facility Owner's MOU
J
f. Provide information as needed for the feasibility study, the Technical Energy Audit,
and other project development activities
g. Work with ESCO to develop/refine project parameters
h. Review /approve ESCO proposals, designs, and reports
i. Ensure recommendations of the GEO EPC Program during reviews are addressed to
the extent that such recommendations are reasonable
j. Make payments for ESCO services per contract terms
k. Make arrangements for project financing
1. Provide project management
m. Provide information as needed for measurement and verification activities.
5. Responsibilities of GEO EPC Program. The responsibilities of the GEO EPC Program
include, but are not necessarily limited to:
a. Actively promote the program and educate potential participants about the benefits
and implementation of energy performance contracts.
b. Work with Facility Owners to become program participants and to commit to a
Facility Owner MOU
c. Help Facility Owner procure services of an ESCO from the pre - qualified list
d. Provide information on the website for currently pre - qualified ESCOs, as provided
and updated by the ESCO, providing a link to the ESCO's website for more detailed
information.
e. Help Facility Owner develop and initiate a performance contracting project
f. Facilitate the performance contracting process, to help ensure commitments are met
by both the Facility Owner and the ESCO
g. Provide technical guidance to the Facility Owner, attending on -site meetings
between the Facility Owner and ESCO as needed
h. Help develop the GEO EPC Program Standard Technical Energy Audit and Energy
Performance contracts with facility owner amendments as needed, for each project
i. Review audits, proposals, calculations, contracts, and measurement and verification
reports
j. Monitor project implementation
k. Identify solutions to mediate any conflicts between Facility Owner and ESCO.
Colorado Governor's Energy Office Page 3
Colorado Energy Performance Contracting Program
Facility Owner's MOU