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Home My WebLink Aboutbocc.res.042.2012 CONTRACT�'�'%��z- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO,APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY AND GUNNISON COUNTY, IN ORDER TO ENABLE THE ESTABLISHMENT AND ADMINISTRATION OF A REVOLVING LOAN FUND TO PROVIDE FINANCING FOR ENERGY EFFICENT HOME IMPROVEMENTS FOR COUNTY RESIDENTS RESOLUTION NO�-2012 RECITAL: This MEMORANDUM OF UNDERSTANDING (MOU) is hereby entered into by and among Eagle County, Colorado, hereinafter referred to as Eagle County, Colorado Pitkin County, Colorado and Gunnison County, Colorado (collectively, the Counties). A. PURPOSE: The purpose of this MOU is to formalize a cooperative relationship among the aforementioned counties for the purpose of establishing and administering a Revolving Loan Fund (RLF)utilizing the proceeds of a grant from the United States Department of Energy(the Grant Funds)to provide financing for energy efficiency home improvements ' for the residents of the Counties (the Project). B. OBJECTIVE: The objective of this MOU is to establish a working relationship among the Counties to improve the energy efficiency of 10% or 4100 homes in the Counties by 20% through the utilization of the Grant Funds. Access to financing is a primary barrier identified by the Counties in meeting this goal. C. BENEFITS: The benefits of this cooperative management agreement are as follows: ➢ Promote tke Counties' interest in assisting their residents to become more energy efficient. ➢ Make clear the expectations of the Counties with reference to the creation of the RLF and its subsequent administration. � D. Eagle County agrees to: 1. Serve as the authorized representative of the Counties in developing a term sheet and an agreement (Agreement) with Funding Partners For Housing Solutions, a Colorado CDFI, 501(c) (3) nonprofit corporation (Funding Partners), or a similar entity,to create and administer the RLF. 2. Enter into the Agreement, on its own behalf and as the authorized representative of Pitkin County and Gunnison County, with the understanding that contracts Memorandum of Understanding Page 1 of 6 . I would not be finalized without the advice and consent of each County's representative. 3. Transfer the Grant Funds to Funding Partners for its administration of the RLF pursuant to the terms of the Agreement. 4. Monitor the RLF and its administration by Funding Partners and report to Pitkin County and Gunnison County, on a quarterly basis, the status of the RLF and all pertinent details relating to its administration. 5. Take the lead in establishing an Intergovernmental Agreement among the Counties to further the purpose and objectives of this MOU. One manifestation may be to form an Energy Smart Colorado separate entity with tri-county representation for ongoing RLF oversight. E. Pitkin County and Gunnison County agree to: 1. Authorize Eagle County to serve as their authorized representative to perform the various acts set forth in Section D, paragraphs one through five. 2. Engage with Eagle County to provide their advice and assistance, when requested, in the oversight of the administration of the RL,F. 3. Participate in preparation of the Intergovernmental agreement or possible separate entity as described in Section D, paragraph 5 above. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. Each county shall designate representation to provide equal oversight from each of the Counties into the future use and appropriation of the RLF. Future agreements between the Counties may further clarify such representation to meet this intent if mutually desired and agreed upon. 2. The Counties' representatives will meet not less than annually to review the terms of this MOU and, if necessary, update it. 3. The Counties' representatives may agree, but shall not be obligated, to participate in the solicitation of additional capital for the RLF from community funds, partnerships, investments and donations in the year 2012 and in the future. 4. The RLF is a pooled fund for common use and equal access by the Counties, and will not be divided or segregated on a per-county basis. 5. PRINCIPAL CONTACTS The principal contacts for this instrument are: EAGLE COUNTY PITHIN COUNTY Adam Palmer Cindy Houben, Community PO Box 850 Development Director Eagle, CO 81631 130 S. Galena Memorandum of Understanding Page 2 of 6 � �. �.�.w� _ .� .o„y . � � .�, �..,,�� Phone: 970-328-8698 Aspen, CO 8161 Fax: 970-328-7185 Phone: 970-920-5097 E-mail:adam.palmer(�a,eaglecounty.us E-Mail: cindy.houben�ajco.pitkin.co.us GUNNISON COUNTY Matthew Birnie County Manager's Office 200 E. Virginia, Ste 104 Gurinison, CO 81230 Ph: (970) 641-0248 Fax: (970) 641-3061 6. This MOU shall be subject to the laws of the United States, the State of Colorado, and Eagle County, and to the rules and regulations promulgated thereunder; whether now in force or hereafter enacted or promulgated; and nothing herein shall be construed as in any way affecting or waiving the jurisdiction, responsibility, or existing rights of any signatory party to this MOU. 7. PARTICIPATION IN SIMILAR ACTIVITIES This instrument in no way restricts any of the Counties from participatirig in similar activities with other public or private agencies, organizations, and individuals. 8. NON-FI1ND OBLIGATING DOCUMENT Nothing in this MOU shall obligate the Counties to obligate or transfer any funds other than the Grant Funds. 9. COMMENCEMENT/EXPIRATION/TERMINATION This MOU takes effect upon the signature of the Counties and shall remain in effect for a term of one year from the date of its execution. It shall automatically renew for another twelve month period upon the expiration of each term. This MOU may be amended upon written request of any of the Counties and subsequent written concurrence of the others. It may also terminate if the Counties enter into an Intergovernmental Agreement superseding it. Finally, any of the Counties may terminate its participation in this MOU upon 30 day written notice. 10. RESPONSIBILITIES OF PARTIES The Counties will handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing these objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial manner pursuant to this MOU. Memorandum of Understanding Page 3 of 6 � NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County enter into a Memorandum of Understanding with Eagle, County and Gunnison County for the purpose of establishing and administering a Revolving Loan Fund (RLF) utilizing the proceeds of a grant from the United States Department of Energy (the Grant Funds) to provide financing for energy efficiency home improvements for their residents (the Project). INTRODUCED AND FIRST READ ON THE 22ND DAY OF FEBRUARY, 2012. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1 ST DAY OF MARCH, 2012. FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE 2ND DAY OF MARCH, 2012. /! ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE-}�4TH DAY OF �, 2012. �Pa/� PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY AND�OSTED ON THE PITKIN COUNTY OFFICAIL WEBSITE ON THE�DAY OF �i�/L 2012. / Memorandum of Understanding Page 4 of 6 � BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By � � , ATTEST: / �o i.c �Ja�- of� (�i C �t C Gi a,v Date �f ,�Z /Z. G� J nette Jones erk to the BOCC APPROVED AS TO FORM: MANAGER APPROVAL: John Ely, �,.,..-� on Peacock, Co ty manager County ey Memorandum of Understanding Page 6 of 6 � ��n��ACT# 3�y-��'� ____.��. MEMARANDUM OF UNDET2STANDING Between the Eagle County,Colarado, Pitkin County,Colorado A.nd Gunnison County,Colarado This MEM4RANDUM O�ITNDERSTANDTNG(MOU)is hereby entered into by and among Eagle County, Colorado,hereinafter referred to as Eagle County, Colorado Fitkin County, Colorado and Gunnison County, Colorado{collectively,the Counties). A.PURPUSE: The pwpose of this MOU is to formalize a cooperative relationship among the aforementioned counties for the purpose of establishing and administering a Revolving Loan Fund(RLF)utilizing the proceeds of a grant from the United Sta.tes Department of Energy(the Grant Funds)to provide financing for energy efficiency home improvements for the residents of the Counties(the Project). B. OBJECTIVE: � T'he objective of this MOU is to establish a working relationship among the Counties to improve the energy efficiency of 10%ar 4100 homes in the Counties by 20%through the utilization of the Grant Funds.Access to financing is a primary barrier identified by the �, Counties in meeting this goat. C.BENEFITS: The benefits of this cooperarive management agreement are as follows: ➢ Promote the Counties' interest in assisting their residents to become more energy efficient. ➢ Make clear the expectations of the Counties with reference to the creation of the RLF and its subsequent administration. D.Eagle Connty agrees to: 1. Serve as the authorized representative of the Counties in developing a term sheet and an agreement(Agreement)with Funding Partners Far Housing Solutions, a Colorado CDFI,501(c}(3}nonprofit carporation(Funding Partners),or a similar entity,to create and administer the RLF. 2. Enter into the Agreement,on its own behalf and as the authorized representative af Pitkin County and Gunnison County,with the understanding that contracts would nat be finalized without the advice and consent of each County's representative. 3. Transfer the Grant Funds to�unding Pariners for its administration of the�tL�' pursuant to tlxe terms of the Agreement. Memora dum af Understanding Page 1 0�'4 � 4. Monitor the RLF and its administration by Funding Partners and report to Pitkin County and Gunnison County,on a quarterly basis,the staxus of the RLF and all pertinent details relating to its administration. 5. Take the lead in establishing an Intergovernmental Agreement among the Counties to further the purpose and objectives of this MOU. One manifestation may be to form an Energy Smart Colorado sepazate entity with tri-county representation for ongoing RLF oversight. E. Pitkin Counfy and Gunnison County agree to: 1. Authorize Eagle County to serve as their authorized representative to perform the various acts set forth in Section D,pazagraphs one through five. 2. Engage with Eagle County to provide their advice and assistance,when requested, in the aversight of the administration of the RLF. 3. Participate in preparation of the Intergovernmental agreement or possible separate entity as described in Section D,pazagraph 5 above. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTTES THAT: 1. Each county sha11 designate representation to provide equal oversight from each of the Counties into the future use and appropriation of the RLF. Future agreements between the Counties ma.y further clarify such representa.tion to �, rneet this intent if mutually desired and agreed upon. 2. The Counties' representatives will meet nat less than annually to review the terms of this MOU and,if necessary,update it. 3. The Counties' representatives may agree,but sha11 not be obligated,to participate in the solicitation of additional capital for the RLF from community funds, partnerships,investments and donations in the year 2012 and in the future. 4. The RLF is a pooled fund for common use and equal access by the Counties, . and will not be ciivided or segregated on a per-county basis. S. PRINCIPAL CONTACTS The principal conta.cts for this instrument are: EAGLE COUNTY PITKIN COUNTY Adam Palmer Cindy Houben, Cornmunity PO Box 850 Development Director Eagle, CO 81631 130 S. Galena Phone:970-328-8698 Aspen, CO 8161 Fax: 470-328-7185 Phone: 970-920-5097 E-mail:adam.palmer ,ea lecountv.us E-Mail: cindv.houben ,co.pitkin.co.us Memorandum of Understanding Page�of 4 V GUNNISON COUNTY Matthew Birnie County Manager's Office 200 E. Virginia, Ste 104 Gunnison,CO 81230 Fh: (97Q)641-0248 Fax: (970)641-3061 6. This MOU shall be subject to the laws of the United States,the State of Colorado, and Eagle County,and to the rules and regulations promulgated thereunder,whether naw in force or hereafter enacted or promulgated; and nothing herein shatl be construed as in any way affecting or waiving the jurisdiction,responsibility, or existing rights of any signatory party to this MOU. 7. PARTICIPATION IN SIMILAR ACTIVITIES This instrument in no way restricts any of the Counties from participating in similar activities with other public or private agencies,organizations,and individua.ls. � 8. NON-FUND OBLIGATiNG DOCUMENT Nothing in this MOU shall obligate the Counties to obligate or transfer any funds other than the Grant Funds. 9. COMMENCEMENT/EXPIRAT'ION/TERMINATION T'his MOU ta.kes effect ' upon the signature of the Counties and shall remain in effect for a term of one year frorn the date of its executian. It shall automatically renew for another twelve month period upon the expiration of each term. This MOU may be amended upon written request of any of the Counties and subsequent written concurrence of the others. It may also terminate if the Caunties enter into an Intergovernmental Agreement superseding it. Finatly, any of the Counties may terminate its participation in this MOU upon 30 day written notice. 10. RESPONSIBILITIES OF PAR.TIES The Counties will handle their own activities and utilize their own resources,including the expenditure of their own funds,in pursuing these objectives.Each party will carry out its separate activities in a coordinated and mutually beneficial manner pursuant to this MOU. �' Memorandum of Understanding Page 3 af 4 � � � '� ;�°°"' �� 5�1� : � � �'�� agl County Bo of` ounty issioners ,,,, d�� Attest: � � �''°� a , * Teak Simonton, erk to the Board `� ,Chairman DATE Pitkin Counfiy Board of County Commissioners . � Attest: , Clerk to the Board . �"�/ / �C� ,'' ""°-m. ��- Paula� 'enso ,Vice-Chairperson DATE Gunnison County Board of County Commissioners Attest: ��1� �� •" -..m '•. � Katherine Haase, Clerk to the Boar � :. '-� ...��. �� A.. v.: Memorandum of Urrderstanding Page 4 of 4 l �