HomeMy WebLinkAbout7 Energy Survey Program Agenda Item # 7
TRUCKEE DONNER
CONSENT
To: Board of Directors
From: Steven Poncelet
Date: October 19, 2011
Subject: Consideration of Extending the Contract for the Energy SurVe
Program y
I. WHY THIS MATTER IS BEFORE THE B
royal ' BOARD
Board approval is required for expenditures in excess of 1
$ 5,000.
2. HISTORY
The District launched the EnergySavings
District's first low-income Program (ESP) in the fall of 2009 a me program and awarded contracts to t s the
Center of Truckee (FRC) and the Sierrahe Family Resource
implement the pilot phase Green Building Association SlGgq t
p of the program. FRC was r ( ) °
qualification efforts, and SIGBA was responsible responsible for outreach and
The District completed the p nsible for the residential energy surveys.
Pilot phase of the program by serving20 y
energy savings, cost-effectiveness, and impact to 0 customers. The
and presented to the Board d p the local community were evaluated
during a workshop on August 4, 2010. The
indicated a desire to continue with the E Board
another 200 low-incomeESP program which resulted in serving
customers. g close to
3. NEW INFORMATION
Staff is preparing to continue the ESP
additional 200 participants Burin program this fall. The program will target an
g the October, 2011 through September, g
Based on solid performance b the F p , 2012 period.
staff is recommending y RC and their unique position in our c ng that the current contract with the FRC community,
of one-year. The remaining material ter be extended for a period
terms of the previous contract remains the s ame.
During the October 5, 2011 Boar
recommended that the d meeting, General Counsel Stev
e Board not take action to extend a c e Gross
Survey Program with the FamilyResource contract for the Energy
Ferree disclosed that a ce Center of Truckee (FRC) because gY
!though she has tendered her resignation, Director
employee. Counsel Gross was concerned she is still an FRC
Code Section 1090 may a that a conflict under California Govern y exist because of such employment. Furth Government
wasn't certain at the time of the Board m Further Counsel Gross
employment would qualify meeting whether the interest created b th
q fy as either a remote interest y e
or non-interest under
Government Code Sections 1091 an
Section 1090 Provides d 1091.5 respectively. (Government p des that members and employees Code
financially interested in any contract m °f a district shall not be
body or board of which ode by them in their official capacity o h they are members.) This prohibition p y r by any
generally prohibit the District from enteringinto against self-dealing would
o a contract with a Director's employer.
Upon further investigation into the '
Government Code Section 1 issue, Counsel Gross identified a releva
091 which defines certain interests as r rat
states in subsection (a), emote interests. It
`An officer shall not be deemed to be i
a body or board of wh' nterested in a contract entered into b
Bch the officer is a member within the y
article if the officer has only a remote irate meaning of this
that interest is disclosed to the body or board of which the officer i
and noted in its official records, thereafter the body and ther s a member
y or board authorizes
approves, or ratifies the contract in good faith
sufficient for the purpose with by a vote of its membership
out counting the vote or votes of the
member with the remote interest.J1.7 officer or
As set forth in Government Code Sec '
of an officer or em I tion 1091(a)(1), remote interest includ "p oyee of a nonprofit entity exem t fro es, That
Section 501{c}(3) of the Internal Re p m taxation pursuant to
Revenue Code (26 U.S.C. Sec. 501 c 3 0
nonprofit corporation, except as provided in ( )( }) r a
1091.5.11 paragraph {8} of subdivision (a) of Section
The FRC is a nonprofit entityexempt from taxation pursuant to Section
Code. Therefore, Director Ferree's 501(c}R of
s
a remote interest. Accordingly, the Board will employment with the FRC is
FRC provided that 1 Director be able to approve the contract with
{ ) for Ferree disclosures here h the
should do this again at the meetingthat employment with the FRC she
she does still at the contract is considered have the interest}; (2) such disclosureto make it clear that
and (3) Director Ferree abstains and is noted in the District's records;
does not participate in the vote. '
4. FISCAL IMPACT
The FRC contract extension is for a
exist in the FYI and Proposed n amount not to exceed $14,500. Sufficient p p ed FY12 budgets for this item. funds
5. RECOMMENDATION
Award a contract to the Family Re
exceed $14,500. Y source Center of Truckee for an amo
unt not to
Ste en o e �•let
Public Information & Conservati on Manager Michael D. Holley
General Manager