HomeMy WebLinkAboutC14-005 Pitkin and Gunnison County MOU-.
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 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
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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.
agle County Board of County
„^T missioners
Attest: x
N
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Teak Simonton, C1 rk to the Boar 1on..�A�9n�
{0� "n ` _ N � .� Wim✓ 1
Pitkin County Board of
Commissioners
Attest:
Memorandum of Understanding
Page 2 of 3
an
Clerk to the Board
Chairman
Guniaison CY'ouay Board ofC;ounty
Commissioners
Memorandum of Understanding
Page 3 of 3
