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HomeMy WebLinkAbout2022 Ordinance No. 025 1 BY AUTHORITY ORDINANCE NO. 25 COUNCIL BILL NO. 25 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO ENERGY OFFICE AND THE CITY OF ENGLEWOOD TO PROVIDE CONTRACT SERVICES FOR ITS ENERGY PERFORMANCE CONTRACTING PROGRAM WHEREAS, the Englewood City Council adopted a Comprehensive Plan that prioritizes energy efficiency and conservation; and WHEREAS, the Colorado Energy Office supports energy efficiency and conservation projects through the State of Colorado’s Energy Performance Contracting Program; and WHEREAS, participation in the Energy Performance Contracting Program is designed to assist municipalities to provide energy performance contracting services; and WHEREAS, the Englewood City Council may by ordinance recognize the signing of Memorandum of Understanding (“MOU”) between the City of Englewood and other governmental entities; and WHEREAS, the MOU with the Colorado Energy Office will allow the City of Englewood to participate in the Energy Performance Contracting Program at no financial cost to the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Memorandum of Understanding between the City of Englewood, Colorado and the Colorado Energy Office for participation in the Energy Performance Contracting Program as set forth on Exhibit A attached hereto is hereby approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the said Memorandum of Understanding, for and on behalf of the City Council and City of Englewood. Introduced, read in full, and passed on first reading on the 18th day of April, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of April, 2022. DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of April, 2022 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of May, 2022. Published by Title in the City’s official newspaper as Ordinance No. 25, Series of 2022, on the 5th day of May, 2022. Published by title on the City’s official website beginning on the 4th day of May, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 25, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 Updated December 2019 MEMORANDUM OF UNDERSTANDING between the CEO and FACILITY OWNER Overview One hallmark of success in the Colorado Energy Office’s (CEO’s) Energy Performance Contracting Program (EPC) is the support provided by one of CEO’s EPC project consultants to each and every EPC project. A CEO EPC project consultant provides coaching and technical assistance to the Facility Owner every step of the way to ensure that the Colorado Energy Performance Contracting Program is a successful experience for all. The EPC Program brochure describes Colorado’s Standards for Success for the relationship between CEO and its clients and their energy service company. It also outlines the coaching and technical assistance provided Program participants at no charge throughout the life cycle of an EPC project. CEO does this to ensure a successful experience through what can be an involved technical, legal and financial process. In addition, CEO offers standardized program contracts and processes and a pool of pre- qualified Energy Service Companies to make EPC projects even more approachable. To benefit from this package of coaching and technical assistance, please: 1. Have the authorized signer from your state agency or local jurisdiction sign the following non-binding Memorandum of Understanding; 2. Complete the attached Facility Owner Information sheet; and 3. Return the paperwork to DeLynne Southern, Energy Performance Contracting Program Technical Specialist at delynne.southern@state.co.us or the address below. Should you have any questions or concerns, her direct phone number is 303.866.2391. Best wishes for your venture into energy and cost savings! 1600 Broadway, Suite 1960, Denver CO 80202 P 303.866.2100 F 303.866.2930 www.colorado.gov/energy DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 Page 1 of 4 MEMORANDUM OF UNDERSTANDING between the COLORADO ENERGY OFFICE and CITY OF ENGLEWOOD THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and between the STATE OF COLORADO (the “State”), acting by and through the Colorado Energy Office (the “CEO”), and THE City of Englewood (the “Facility Owner”). “Party” means the State, CEO or Facility Owner and “Parties” means both the State/CEO and the Facility Owner. RECITALS WHEREAS, in compliance with the State Procurement Code as set forth in section 24-101- 101, et seq., C.R.S. and any applicable public bidding requirements, the CEO issued a Request for Proposals (“RFP”) to energy service companies (“ESCOs”) to provide as needed energy performance contract services for its Energy Performance Contracting Program; and WHEREAS, as a result of the RFP process, CEO maintains a list of pre-qualified ESCOs that are eligible for final selection by State agencies and local governments and/or municipalities to provide energy performance contracting services; and WHEREAS, the purpose of this MOU is to provide the Facility Owner with access to the services and support of the CEO’s Energy Performance Contracting (“EPC”) Program; and WHEREAS, in furtherance of the purpose of this MOU, the CEO is available to assist the Facility Owner with the development and implementation of EPC projects, as well as to encourage the Facility Owner to adhere to the guidelines of the EPC Program. NOW, THEREFORE, for and in consideration of the mutual covenants and the representations and covenants contained herein, the parties hereto agree as follows: 1. Effective Date of MOU. This MOU shall become effective upon the later date on which the Director or authorized designee of CEO, or the representative for the Facility Owner has signed it. 2. Term of MOU. The Parties’ respective performances under this MOU shall commence on the Effective Date and shall expire one year from date of signature or at the end of the term of services contracted from a pre-qualified ESCO. 3. Responsibilities of the CEO and the EPC Program to Facility Owner. The responsibilities of the CEO and the EPC Program include, but are not limited to: a. Upon execution of this MOU, CEO will assign an EPC project consultant to provide advice and technical assistance throughout the lifecycle of Facility Owner’s project. b. CEO will provide the Facility Owner with information on the CEO website regarding the pre- approved, pre-qualified list of ESCOs, which includes links to the ESCOs’ website for further information; c. CEO will assist Facility Owner to procure the services of an ESCO from the pre-qualified list of approved ESCOs; DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 Page 2 of 4 d. CEO will assist the Facility Owner with technical guidance in order to develop and execute a Technical Energy Audit and Project Proposal Contract with a pre-qualified ESCO and also support the Facility Owner with any amendments thereof; e. CEO will provide technical guidance to the Facility Owner and attend on-site meetings between the Facility Owner and ESCO, as needed and subject to availability; f. CEO will assist the Facility Owner to develop and initiate an energy performance contract project; g. CEO will monitor project implementation for audits and for energy performance contract projects; h. CEO will facilitate the energy performance contract process to ensure commitments are met by both the ESCO and the Facility Owner; i. CEO will review Facility Owner’s audits, proposals, calculations, contracts and measurement and verification reports; j. As required for school districts and requested by other public agencies, the CEO will complete a construction walk-through of project facilities prior to the “Notice of Substantial Completion” documents being finalized; k. If applicable, CEO will identify possible solutions to mediate any conflicts between the Facility Owner and the ESCO. 4. Responsibilities of the Facility Owner. The responsibilities of the Facility Owner include: a. By executing this MOU, Facility Owner agrees to program participation in CEO’s EPC Program and engage the CEO for assistance in all stages of the EPC Program, including project development; b. Using a secondary selection process, Facility Owner agrees to select an ESCO from CEO’s current pre-qualified list of ESCOs and which meets the requirements of Facility Owner’s procurement rules, regulations and statutes (if applicable); c. Facility Owner will provide information as needed for the feasibility study/technical energy audit and any other project development activities; d. Facility Owner will review/approve the ESCO’s proposals, designs and reports in a timely manner; e. Facility Owner agrees to execute CEO approved contracts with the ESCO; f. Facility Owner agrees to arrange for project financing, and with the assistance and advice of legal counsel, execute appropriate financing documents and EPC contract; g. Facility Owner agrees to provide project management; h. Facility Owner will endeavor to work with the pre-qualified ESCO to develop and refine project parameters and any other project development activities; i. Facility Owner will assign its staff, employees, representatives to the facility project team including operations, maintenance, financial and upper management personnel; j. Depending on the subject matter to be discussed, Facility Owner will ensure appropriate personnel attend project development meetings; DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 Page 3 of 4 k. Facility Owner will provide access to and escort ESCO, its subcontractors and CEO to buildings during mutually agreed-upon hours; l. If Facility Owner is a school district, Facility Owner agrees to allow CEO to complete a construction walk-through of project facilities prior to the “Notice of Substantial Completion” documents being finalized; l. During project reviews and any other reviews, Facility Owner will endeavor to address CEO’s recommendations; m. As requested by CEO and as needed, Facility Owner agrees to provide CEO with information regarding measurement and verification activities. 5. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU BE CONSTRUED OR INTERPRETED AS CREATING A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN THE PARTIES. IN THE EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU, THERE WILL BE NO LEGAL OR EQUITABLE REMEDIES AVAILABLE TO EITHER PARTY. THE SOLE REMEDY AVAILABLE TO THE PARTIES FOR FAILURE TO FULLY COMPLY WITH THE PROVISIONS O F THIS MOU IS TO TERMINATE THIS MOU. THE FACILITY OWNER ACKNOWLEDGES AND AGREES THAT CEO’S SERVICES MAY INCLUDE ADVICE AND RECOMMENDATIONS, BUT ALL DECISIONS IN CONNECTION WITH THE FACILITY OWNER’S EPC PROJECT SHALL BE THE SOLE RESPONSIBILITY OF THE FACILITY OWNER, ITS AGENTS AND CONTRACTORS. 6. Signatures. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date. STATE OF COLORADO, acting by and through the COLORADO ENERGY OFFICE FACILITY OWNER: Will Toor, CEO Director Date Name: Title: Date _X_ Yes! I have reviewed this MOU and accept CEO’s free technical support for an EPC project. ___ No thank you. I have reviewed this MOU and decline CEO’s free technical support for an EPC project. EPC Team Representative Date DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386 Page 4 of 4 FACILITY OWNER INFORMATION To be completed by facility owner (for CEO use only) Owner’s representative Name Melinda Goblirsch Title Senior Capital Project Specialist / Public Works Mailing address 1000 Englewood Parkway, Englewood, CO 80110 Email address mgoblirsch@englewoodco.gov Direct office phone 303.762.2511 Cell phone 720.753.2550 Project information Types of facilities to be assessed for energy savings: 1. Administration, Offices, Court Rooms, Library 2. Recreation Center, Swimming Pool 3. Senior Center 4. Service Center – Administration, Fleet / Maintenance Shops 5. Water Park (Seasonal) 6. Golf Course Club House, Maintenance, Mechanic Shop 7. Fire Stations (2) 8. Police Station / Headquarters Have you selected an ESCO? Yes. Name: X No If yes, has procurement department validated selection? Yes. Not yet. Please list any immediate needs you have related to your performance contract. Review of draft RFP; acquiring energy usage information from Xcel to include in the RFP; review of building / maintenance issues and current projects underway to evaluate / incorporate how these projects impact energy performance. Review current PPA and previous Energy Performance Contract to evaluate the current benefits of these programs. DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386