HomeMy WebLinkAboutC12-164 Eagle Pitkin and Gunnison Counties MOU MEMORANDUM OF UNDERSTANDING
Between the
Eagle County, Colorado, Pitkin County, Colorado
And
Gunnison County, Colorado
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 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 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
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.
Memorandum of Understanding
Page 1 of 4
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 RLF.
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 PITKIN COUNTY
Adam Palmer Cindy Houben, Community
PO Box 850 Development Director
Eagle, CO 81631 130 S. Galena
Phone: 970 - 328 -8698 Aspen, CO 8161
Fax: 970 - 328 -7185 Phone: 970 - 920 -5097
E-mail:adam.palmer@eaglecounty.us E -Mail: cindy.houben @co.pitkin.co.us
Memorandum of Understanding
Page 2 of 4
GUNNISON COUNTY
Matthew Birnie
County Manager's Office
200 E. Virginia, Ste 104
Gunnison, 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 participating in similar activities with other
public or private agencies, organizations, and individuals.
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/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 4
i riff
-. ry 9 = . ' . ; n V ha - DATE
4 E. gl- County Boarf County
C t J issioners
Attest: c 4.
I r I P'
, ' ,------ .,... i l I !
Teak Simonton, erk to the Board e
, Chairman DATE
Pitkin County Board of County
Commissioners
Attest:
, Clerk to the Board
1 !14 � / /C�
Paula v. enso , Vice - Chairperson DATE
Gunnison County Board of County
Commissioners
Attest: \JI .
411110 --..f:A i 415---. . '. . 1'4
Katherine Haase, Clerk to the Boar'l, I ; -
t >P a ;
,.
)
Memorandum of Understanding
Page4of4
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
)
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 NO072012
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, Coloradoand 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).
j 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 thisgoal.
BENEFITS:
The benefits of this cooperative 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 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(e) (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
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 ofthe 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.
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 RLF.
3. Participate in preparation of the Tritergovermnental 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 repmsentation 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 PITKIN COUNTY
Adam. Palmer Cindy Houben, Community
PO Box 850 Development Director
Eagle, CO 81631 130 S. Galena
Memorandum of Understanding
Page 2 qf 6
Phone: 970- 328 -8698 Aspen, CO 8161
Fax 970-328-7185 Phone: 970 -920- 5097
E- ail:adain.jriinzet Z earg1ecoz.miy.us E
cindy houben co. pitkin. cc. us
GUNNISON COUNTY
Matthew Birnie
County Manager's Office
200 E. Virginia, Ste 104
Guriiuson, 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, of existing rights of any signatory party to this
MOU.
7. PARTICIPATION IN SIMILAR ACTIVITIES This instrument in no way
:1) restricts any of the Counties from pat tteipating in similar activities with other
public or private agencies, organizations, and individuals.
8. NON-FUND OBLIGATING DOCUMENT Nothing in this MOU shall obligate.
the Counties to obligate or tiartsfer:: any funds other than the Grant Funds.
9. COMMENCEMENT IRAfTION /TERIMIINAT.ION 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
Intergovernnmental 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 3ef6
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
ofa 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 22 DAY OF FEBRUARY, 2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
ON THE 1 DAY OF MARCH, 2012.
FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKTN
COUNTY WEBSITE ON THE 2N DAY OF MARCH, 2012.
ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE - }-
DAY OF h+ RI; 2012.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY AND 40STED ON THE PITKIN COUNTY OFFICAIL
WEBSITE ON TliFicIDAY OF/ PP4 2012.
Memorandum of Understanding
Page 4 of 6 '
BOARD OF COUNTY COMl'vMISSIQNERS
OF EAGLE COUNTY, COLORADO
Peter F. Runyon, Chairman DATE
Eagle Comity Board of County
Commissioners
Attest:
Teak Simonton, Clerk to the Board
BOARD OF COUNTY COMMISSIONERS`
OF GUNNISON COUNTY, COLORADO
.. ` , Chairman DATE
Gunnison County Board of County
Commissioners
Attest:
Clerk to the Board
Memorandum of Undersiandi g
Page 5`01'4`
•
..,-)
BOARD OF COUNTY COMMISSIONERS
()F PITICIN COUNTY, COLORADO
7 '
By 1 ,
0 " *
Al As ...r4firtr,,,,,
415A/.4 Ale. fa oee e441.-
Date • 1 4 ill/ /e-
J, , -tette Jones
erk to the BOCC
I I
APPROVED AS TO FORM: MANAGER APPROVAL:
,-,)-- John Ely, - oil Peacock, C s manager
\
County . 0 0 . r- y
) .
Metnoralidian u/ tinderstending
Page 6 o/
