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Home My WebLink Aboutbocc.con.139.2014 • CONTRACT#/3 r-joi t/ (if4-4-ecoL-4 c) Resolution# !^(P2- Mt 3 (2013) A RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY COMMISIONERS AUTHORIZING expansion of the Revolving Loan Program (RLF) into Lake County,whereby Lake County residents are able to access up to $50,000 of the available funds in the RLF. 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 Pitkin counties concerning a revolving loan program to provide financing for energy efficiency home improvements; WHEREAS,the Revolving 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, 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(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 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, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO that they are in agreement to amend the previous 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 ("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 efficiency 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 resolution 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 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. INTRODUCED, FIRST READ,AND SET FOR PUBLIC HEARING ON THE/7 DAY OF4 O51/ 20_. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 5' /'J 20/3 NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION OSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com)ON THE Alia DAY OF / 0.51- 2013 ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE nit DAY OF 45.24 2O PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLEY ON THE 614 DAY OF �ftrahr 20/3 ATTEST: 000 BOARD OF COUNTY COMMISSIONERS ll / ' , , / . By: \.f ..v . .1 L/ • B • . �.. v Jeal ette Jones / George Newman, hair : Deputy County Clerk Date: I s e APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney/ Jon Peacock, County Manager 3 Ex �; 6,-1 CONTRACT#/3�-;2OIY AMENDMENT TO MEMORANDUM OF UNDERSTANDING tt (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 April 11,2012("MOU")to establish the relationship of the 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 of Energy("Grant");and WHEREAS,one of the goals of the 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 of 3 ✓Y • 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. f 1.\ , F.SIlerx„,St..sn,.y,C ai •gle County Board of County missioners Attesa ,i�r = ,V Teak Simonton,CI irk to the Boar. Lo44o° 147'-1 yi , .. , ,, , "" 0sec:2ic "At ,Ch. rman Pitkin County Board of Cou Commissioners Attest: Memorandum of Understanding Page 2 of 3 3 • ,Clerk to the Board rPtavl `_);.jeso-nChai rut an Gunnison County Board of County Commissioners Attest: • /-inn; _,Clerk to the Board • f 11 R Memorandum of Understanding Page 3 of 3