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Home My WebLink AboutBocc Packet 08142013 Lake County Energy Smart Program UseAgenda Item Summary Regular Meeting Date: August 14, 2013 Agenda Item Title: First Feadingof a Fesolut ion concerning: Memorandum Of Understanding between Eagle, Gunnison and Pitkin Counties to allow Lake County residents access to Energy Smart Revolving Loan Program Staff Responsible: Ondy Houben, Community Development Director ISSUESTATBVI ENT: staff requests Board consideration on first reading of the attached Fesolution authorizing execution of the attached Memorandum of Understanding (MOU) between Pitkin, Eagle and Gunnison County to allow Lake County (as a new Energy Smart partner) to access up to $50,000 of the Energy Smart Fevolving Loan Fund, all of which is currently set aside for use in Pitkin, Eagle and Gunnison counties. Lake County has adopted the Energy Smart program and is implementing it with local financial support. Lake County residents are seeking this financing tool to implement measures recommended as part of their energy assessments. BACKGROUND: The Board discussed this item during a Work Session on August 6, 2013. UNKTO STRATGICPLAN: This item supports the County's Strategic Core Focus Areas of "Flourishing Natural & Built Environment", aswell as that of a "Prosperous Economy". The Energy Smart Program contributes to preserving a "vibrant, healthy, and sustainable community" by improving energy efficiency or generating energy using renewable resources, thereby resulting in significant reductions in greenhouse gas emissions. This program also supports the County goal to 'rsrf I's l' " ■ s N • linj es+Aese L'TAD L'Tywu r AniecAa reciAo-:-14.646E rrsAC ■eA■r sl'o■ P t ■Crs, sr chtif 4 ■s'r4■1' TA■r 'rs■sOAL'i s■'r KEY DISCUSSON ITEMS The Board is also asked to consider amendinga MOU between Eagle, Pitkin and Gunnison County that would allow Lake County residents acrpssto up to $50,000 of the Energy Smart Revolving Loan Program. BUDETARYI M PACT: Funds from the DOE Better Buildings Grant have been allocated to the (evolving Loan Program. As such, the recommended actions would not have financial impact to the County General Fund. REOOM M ENDED BOGCACIION: 1. Approve on first reading, the attached resolution authorizing execution of a MOU with Eagle and Gunnison County allowing expansion of the Energy Smart (evolving Loan Program to Lake County Attachments 1. Iesolution authorizing execution of an MOU with Eagle and Gunnison County allowing access of up to $50,000 of the Energy Smart (evolving Loan Program to Lake County residents. 2. An Amended MOU with Eagle and Gunnison County allowing access of up to $50,000 of the Energy Smart (evolving Loan Program to Lake County residents. Attachment 1 Fesolution # (2013) A RESOLUTION OF THE PI TIJ N OOUNTY BOARD OF OOU NTY OOM M IS ON BRSAUTHORIZI NG expansion of the Fevolving Loan Program (RI F) into Lake County, whereby Lake County residents are able to access up to $50,000 of the available funds in the RIF. WHEREAS on or about April 11, 2012 the, Board of County Commissioners entered into a Memorandum of Understanding on or about April 11, 2012 to establish a relationship between Eagle, Gunnison and Atkin counties concerning a revolving loan program to provide financing for energy efficiency home improvements; WHEREAS the Fevolving Loan Program was established by the Counties using funds from Department of Energy ("Grant"); and WHEREAS one of the goals of the Grant is to create a program that can be utilized by other jurisdictions in achieving common energy efficiency goals; and WHEREAS the Department of Energy has authorized the Counties to utilize Grant funds deposited in the RLF for citizens of other jurisdictions; and WHEREAS Ooud Oty Conservation Center, a Colorado non-profit corporation ("C4") has been provided with seed money from Lake County, Colorado and isworking to establish programs concerning energy efficiency in Lake County, Colorado; and WHEREAS CA desiresto implement the energy efficiency program developed under the Grant (Energy Smart Program) for residents of Lake County including access to the RLF for residential energy efficiency improvements as set forth herein; and WHEREAS the County desires to adopt this resolution to allow residents of Lake County, Colorado participate in the RLFon the terms and conditions set forth herein; And WHEREAS the Counties agree to create and utilize Energy Smart Colorado, Inc., a Colorado nonprofit corporation (Energy Smart) to administer, in part the Energy Smart program including, without limitation the RLF. The terms and conditions for administration of the RLFby Energy Smart shall be set forth in a separate agreement between the Counties and Energy Smart. NOW, TH 8OF BE IT RESOLVED BY THE BOARD OF COU MY COM M !SS' ON BRS OF A T I N COUNTY, COLORADO that they are in agreement to amend the previous MOU as follows: Attachment 1 1. Eagle County, Colorado is hereby authorized to amend the agreement between Eagle County and Energy Smart Partners LLC dated June 11 2012 ("Revolving Loan Fund Agreement") which governs administration of the RLFto allow residents of Lake County, Colorado to access up to no more than fifty thousand dollars ($50,000) of the RLF for residential energy efficiency improvements on the terms and conditions set forth herein and in accordance with the Fevolving Loan Fund Agreement. 2. C4 shall enter into an agreement with Energy Smart to implement the Energy Smart Program in Lake County, Colorado. That agreement shall require CA. to adhere to the Energy Smart Program requirements as may be amended from time to time. 3. The RLFshall remain a pooled fund for common use and equal access by the Counties and shall not be divided or segregated among the Counties. 4. Up to no more than fifty thousand dollars ($50,000) of the RLF may be made available to residents of Lake County, Colorado for residential energy efficient improvements but such funds are not restricted for use by Lake County residents alone and may be accessed by residents of the Counties. There is no warranty or guarantee that all or a portion of the $50,000 will be available for residents of Lake County as the RLF is available on a first come, first served basis. 5. Upon execution, this resolution shall be provided to Energy Smart Partners, LLCand shall constitute notice of a change in Program Criteria asset forth in paragraph 4 of the Fevolving Loan Fund Agreement. 6. The Counties, or Energy Smart acting on their behalf may terminate the right of Lake County residents to access the RFL, with or without cause and for any reason without penalty upon thirty (30) days advance written notice to C4 and Energy Smart Partners LLC I N I RODUCED, R RST READ, AND FOR PUBU C HEAR NG ON THE DAY OF 20_. NOT CEOF PUBU C HEART NG AND IITLEAND S-IORT SJM MARY OF THE RESOLUTION PUBU S-IED IN THE AS=BV IIM ESWB34YON 20 . NOT CEOF PUBU C HEART NG AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFRCIAL ATK N COUNTYWI TE(www.aspenpitkin.com) ON THE DAY OF 20_ ADOPTED AFTER R NAL READI NG AND PUBU C HEART NG ON THE DAYOF 20_ PUBUS-I® BYIITLEANDS-IORTSJM MARY, AFTERADOPIION, IN THEAS=BV lIMESW® LEY ON THE DAYOF 20_ AI 1 E51: BOARD OF COUNTY OOM M I S90NBRS Attachment 1 By: By: .Jeanette .ones George Newman, Chairman Deputy County Oerk Date: APPROVED ASTO FORM : M ANAGER APPROVAL .bhn By, County Attorney .on Peacock, County Manager Attachment 2 AMENDMENT TO MEMORANDUM OF UNDERSTANDING (LAKE COUNTY) THIS AMENDMENT TO MEMORANDUM OF UNDERSTANDING ("Lake County Amendment") is hereby entered into by and between Eagle County, Colorado, Pitkin County, Colorado and Gunnison County, Colorado (collectively, the Counties). WHEREAS, the Counties entered into a Memorandum of Understanding dated on or about Aprilll, 2012 ("MOU") to establish the relationship ofthe Counties concerning a revolving loan fund ("RLF") to provide financing for energy efficiency home improvements for residents of the three Counties; and WHEREAS, the RLF was established by the Counties using grant proceeds from the Unites States Department ofEnergy("Grant"); and WHEREAS, one of the goals ofthe Grant is to create a program which can be utilized by other jurisdictions in achieving common energy efficiency goals; and WHEREAS, the Department of Energy has authorized the Counties to utilize Grant funds deposited in. the RLF for citizens of other jurisdictions; and WHEREAS, Cloud City Conservation Center, a Colorado non-profit corporation ("C4") has been provided with seed money from Lake County, Colorado and is working to establish programs concerning energy efficiency in Lake County, Colorado; and WHEREAS, C4 desires to implement the energy efficiency program developed under the Grant (the "Energy Smart Program") for residents of Lake County including access to the RLF for residential energy efficient improvements as set forth herein; and WHEREAS, the Counties desire to amend their MOU to allow residents of Lake County, Colorado to participate in the RLF on the terms and conditions set forth herein; and WHEREAS, the Counties agree to create and utilize Energy Smart Colorado, Inc., a Colorado nonprofit corporation (Energy Smart) to administer, in part, the Energy Smart program, including, without limitation the RLF. The terms and conditions for administration of the RLF by Energy Smart shall be set forth in a separate agreement between the Counties and Energy Smart. NOW THEREFORE, the Counties agree to amend the MOU as follows: 1. Eagle County, Colorado is hereby authorized to amend the agreement between Eagle County and Energy Smart Partners LLC dated June 11, 2012 (the "Revolving Loan Fund Agreement") which governs administration of the RLF to allow residents of Lake County, Colorado to access up to no more than fifty thousand dollars ($50,000) of the RLF for residential energy efficient Memorandum of Understanding Page 1 of3 Attachment 2 improvements on the terms and conditions set forth herein and in accordance with the Revolving Loan Fund Agreement. 2. C4 shall enter into an agreement with Energy Smart to implement the Energy Smart Program in Lake County, Colorado. That agreement shall require C4 to adhere to the Energy Smart Program requirements as may be amended from time to time. 3. The RLF shall remain a pooled fund for common use and equal access by the Counties and shall not be divided or segregated among the Counties. 4. Up to no more than fifty thousand dollars ($50,000) of the RLF may be made available to residents of Lake County, Colorado for residential energy efficient improvements but such funds are not restricted for use by Lake County residents alone and may be accessed by residents of the Counties. There is no warranty or guarantee that all or a portion of the $50,000 will be available for residents of Lake County as the RLF is available on a first come, first served basis. 5. Upon execution, this Lake County Amendment shall be provided to Energy Smart Partners LLC and shall constitute notice of a change in Program Criteria as set forth in paragraph 4 of the Revolving Loan Fund Agreement. 6. The Counties, or Energy Smart acting on their behalf, may terminate the right of Lake County residents to access the RLF, with or without cause and for any reason without penalty upon thirty (30) days advance written notice to C4 and Energy Smart Partners LLC. Jon Stavney, Chairman Eagle County Board of County Commissioners Attest: Teak Simonton, Clerk to the Board , Chairman Pitkin County Board of County Commissioners Attest: Memorandum of Understanding Page 2 of3 Attachment 2 , Clerk to the Board ll",Chairman Gunnison County Board ofCounty Commissioners Attest: Clerk to the Board Memorandum of Understanding Page 3 of3