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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/21/2003 - RESOLUTION 2003-114 AUTHORIZING AN INTERGOVERNMENT ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: October 21, 2003 FORT COLLINS CITY COUNCIL STAFF: Wendy Williams Patty Bigner SUBJECT Resolution 2003-114 Authorizing an Intergovernmental Agreement with Boulder County's Longs Peak Energy Conservation Program for Administration of the City's REACH (Residential Energy Assistance Through Community Help) Program. RECOMMENDATION Staff recommends adoption of the Resolution. FINANCIAL IMPACT Funds are available from Utilities customer donations. Currently, the fund account has approximately $80,000 from current and previous donations. Depending on the needs of the customer, weatherization costs range between $1,000— 1,750. In the past four years, total annual REACH expenses have ranged from$3,600-$14,000 and contributions have ranged from$9,000- $17,000. As of December 31, 2003, the REACH weatherization program will be funded from the current account without further customer donations until the funds are used. EXECUTIVE SUMMARY This Resolution will authorize the City Manager to enter into an Intergovernmental Agreement (IGA) with Longs Peak Energy Conservation Program to administer the REACH program for the City for an initial term until September 2004, with extensions of the IGA for up to three additional one year terms, subject to the availability of sufficient funds. BACKGROUND: In 1984,Fort Collins Light and Power started the REACH program as a free service for Fort Collins residents meeting income guidelines. Customers of the City of Fort Collins supported REACH by adding voluntary contributions to their City utility payments. In 1998, the City of Fort Collins entered into an IGA with Longs Peak Energy Conservation (LPEC), a division of Boulder County to provide services for the REACH program. The prior agreement with LPEC was for one term, with provision for four, one-year renewal terms, and that agreement is expiring in October 2003. October 21, 2003 -2- Item No. 20 REACH services include,but are not limited to,safety testing of furnaces and water heaters; blower door testing for air leakage; insulation; duct sealing; furnace tune-ups, repair or replacement; low- flow showerheads; water heater blankets; and education. Improvements are expected to have a 10- year lifespan and a 2-to- 1 benefit-to-cost ratio. Costs per home will depend on the improvements that are completed and will typically range from $1,000 to $1,750. To qualify,households must be residential electric customers,not be eligible for other government- sponsored and meet income guidelines based on the Colorado Housing and Finance Authority Area Median Income (AMI) for Larimer County. Current guidelines are set at 70 percent of AMI. The term of this proposal is limited to the availability of funds and customer contributions will no longer be taken. Once funds are depleted, the REACH program will be reorganized with annual funding budgeted by the City of Fort Collins Utilities. RESOLUTION 2003-114 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH BOULDER COUNTY'S LONGS PEAK ENERGY CONSERVATION PROGRAM FOR ADMINISTRATION OF THE CITY'S REACH (RESIDENTIAL ENERGY ASSISTANCE THROUGH COMMUNITY HELP) PROGRAM WHEREAS, in 1984, the City started the Residential Energy Assistance through Community Help Program (the "REACH Program"); and WHEREAS, the REACH Program provides Fort Collins electric customers who meet certain low-income guidelines with free services to weatherize their homes, thereby serving the public purpose of saving energy and money and improving the comfort for such residents; and WHEREAS, beginning in 1997, the City has contracted with Boulder County's Long's Peak Energy Conservation Program ("Boulder County") to administer the REACH Program on behalf of the City; and WHEREAS, Boulder County is well situated to administer the REACH Program for the City, because of Boulder County's role in administering the State of Colorado's program for distributing funds from the Federal Low Income Energy Assistance Program ("LEAP"); and WHEREAS, Boulder County has agreed to enter into an Intergovernmental Agreement ("IGA") with the City to provide the REACH Program services to qualifying City residents, a draft of which IGA, dated October 15, 2003, is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, pursuant to Article XIV, Section 18 of the Constitution of the State of Colorado, and Section 29-1-203 of the Colorado Revised Statutes, the City and Boulder County may cooperate together to provide any function lawfully authorized to each; and WHEREAS, the City desires to enter into the IGA for an initial term through September 2004, and to provide for the extension of said IGA for up to three additional one year terms, subject to the availability of sufficient funds for the REACH Program, so that the REACH Program can be continued for qualifying City residential electric customers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the REACH Program administered by the City Manager to assist City residential electric customers to make weatherization improvements, repairs, replacements and other equipment or capital purchases and installations related to energy efficiency and conservation will serve important electric utility and public purposes and objectives, as directed in the Electric Energy Supply Policy. Section 2. That the City Manager is hereby authorized to enter into the IGA with Boulder County for the implementation and administration of the REACH Program, to extend the term of said IGA for up to three additional one-year terms, provided that funds for said continuation of the REACH Program are appropriated and available, and to make such amendments or modifications to the IGA as the City Manager may, in consultation with the City Attorney, determine to be necessary or appropriate to protect the interests of the City or to reflect changed costs or funding availability for the REACH Program. Passed and adopted at a regular meeting of the City Council held this 21st day of October, A.D. 2003. Mayor ATTEST: City Clerk AGREEMENT THIS AGREEMENT is entered into this _ day of , 2003, by and between THE CITY OF FORT COLLINS, COLORADO, ("City") and BOULDER COUNTY, COLORADO, ("County"), for Longs Peak Energy Conservation, a division of County. WITNESSETH : WHEREAS, the City desires to offer the Residential Energy Assistance through Community Help (REACH) program for the benefit of the citizens of the City, as said program is described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS, the County desires to assist in providing weatherization services to persons living in Latimer County which includes the City of Fort Collins; and WHEREAS, the County currently provides services of this type in Boulder, Weld and Latimer counties utilizing federal, state and local funds; and WHEREAS, both the City and the County provide services for the citizens of the City and wish to avoid duplication of services and maintain a high level of stewardship with the public's funds; and WHEREAS, pursuant to Article XN, Section 18 of the Constitution of the State of Colorado, and statutes enacted pursuant thereto, the City and the County may cooperate together to provide any function lawfully authorized to each. TO ACCOMPLISH THE FOREGOING, the parties hereto, for good and valuable consideration, agree as follows: 1. The City and County shall work together cooperatively to implement the REACH program, as defined in Exhibit "A", attached hereto and incorporated herein by this reference, during the term of this Agreement. 2. The City shall be responsible for promotion of the REACH program to its residential electric customers. 3. The County shall provide services to participants in the program, including, without limitation, receiving applications from interested participants, determining eligibility of potential participants, and providing weatherization services to participants, as more particularly described in Exhibit `B", attached hereto and incorporated herein by this reference (the "Work"). The County shall maintain detailed records of all applications received, participants' names, addresses where work has been done or is scheduled to be done, and a record of all payments, - lof4— October 15, 2003 and shall retain all such records during the term of this Agreement. Upon termination of this Agreement, the County shall provide a copy of all such records generated during the performance of this Agreement to the City. 4. The County shall bill the City within 4 weeks for weatherization expenses incurred by the County in performing the Work, based on the following rates and charges: a. County personnel labor: $43.00 per person per hour b. mileage: $.40 per mile c. equipment $30/hour, minimum 6 hour charge for rental d. materials: at cost with no markup or handling fee e. subcontracted labor: at cost with no markup or handling fee f. administration charge: 2% of total invoice amount 5. The County shall provide monthly reports to the City of the amount of REACH program funds that have been committed for use in providing weatherization services. Upon provision of written notice by the City that available funds for the REACH program hereunder have been expended, the County shall cease further Work until such time as additional funds may become available. 6. The County will procure all services and materials in a manner consistent with the Boulder County Purchasing Policy, including all competitive process, insurance, and bonding requirements. 7. Either the City or the County may terminate this Agreement upon sixty (60) days written notice to the other party. 8. Each party assumes responsibility for its negligent actions and omissions, and those of its officers and employees, in the performance of or failure to perform the Work or any other obligations under this Agreement. By agreeing to this provision, neither the City nor the County waives or intends to waive as to any person the limitations and procedural protections provided to the parties under the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., as the same may, from time to time, be amended. 9. In the performance of the Work, the County agrees to at all times comply with Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Title VI and VII Civil Rights Act of 1964, and all other applicable nondiscrimination and other laws. The County shall require any subcontractors performing work for the REACH Program to comply with these acts and all applicable laws. 10. This Agreement constitutes the entire understanding of the parties; and shall not be construed to create an employer/employee relationship in either of the parties, the County being an independent contractor with respect hereto. - 2of4— October 15, 2003 11. This Agreement shall not be assigned by either of the parties hereto without the prior written consent of the other party. 12. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13. The initial term of this Agreement shall begin as of the date of this Agreement, and shall continue through September 30, 2004. The City may, by written notice to the County, extend this Agreement for up to three (3) successive additional one (1) year terms. The rates and charges for the Work, as set forth hereinabove, may by mutual agreement of the parties be adjusted to reflect changes in the Denver-Boulder Consumer Price Index from year to year. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 3of4— October 15, 2003 LONGS PEAK ENERGY CONSERVATION, A Division of Boulder County, By: Chair, Boulder County Board of Commissioners ATTEST: County Clerk APPROVED AS TO FORM County Attorney - 4of4— October 15, 2003 EXHIBIT "A" REACH PROGRAM REACH (Residential Energy Assistance Through Community Help) is a free weatherization service for Fort Collins residents meeting income guidelines. Since 1984, customers of Fort Collins Light and Power have supported REACH by adding voluntary contributions to their city utility payments. The contribution fund has been used to weatherize homes, saving energy and money and improving comfort for the residents. REACH services include safety testing of furnaces and water heaters; blower door testing for air leakage; insulation; duct sealing; furnace tune-ups, repair or replacement; low-flow showerheads, water heater blankets and client education. Improvements are expected to have a 10-year lifespan and a 2-to-1 benefit to cost ratio. Eligibility: To qualify, households must be City residential electric customers and must have a household income that does not exceed seventy percent (70%) of the Area Median Income (AMI) based on the Colorado Housing and Finance Authority Area Median Income data for Larimer County. Households also must not qualify for other government-sponsored weatherization programs. EXHIBIT IV' SCOPE OF WORK The County will process applications and perform the weatherization services for the City of Fort Collins residential electric customers. The County shall carry out this work in the same manner generally as similar services are performed for Boulder, Weld and Larimer counties as part of the State of Colorado 'Energy Savings Partners Weatherization Program'through the Governor's Office of Energy Management and Conservation. The County shall use a qualified and trained staff, based in Loveland, to carry out the Work. The County will receive applications for the City's REACH Program, will screen applications to determine eligibility for the Program. For qualified applicants, the County will conduct an energy audit to check for air infiltration, pressure imbalances, areas of heat loss as well as health and safety conditions, such as carbon monoxide hazards, gas leaks and moisture problems that can be improved with cost effective weatherization. If improvements have an expected 10 year lifespan and a positive cost to benefit ratio, the County will be responsible for completing the weatherization job. In the case that an audit does not result in a weatherization job, the County will provide education regarding energy efficiency. The County will complete no less than 24 jobs per year, subject to qualified applications. The County will make reasonable efforts to perform jobs in a timely manner, or within 6 months of application. The County will provide tracking of applications, job status and expected completion dates on a monthly basis.