ORDINANCE _________________

AN ORDINANCE relating to a grant from the Department of Energy allocated through the American Recovery and Reinvestment Act of 2009; accepting the grant funds, authorizing the Mayor or his designee to execute related agreements, increasing appropriations in the 2010 Adopted Budget for the Office of Sustainability and Environment, Office of Economic Development, and Seattle City Light, creating four term-limited positions in the Office of Sustainability and Environment and one term-limited position in Seattle City Light, and ratifying and confirming prior acts; all by a two-thirds vote of the City Council.

WHEREAS, the United States Congress has authorized $452 million in the Energy Efficiency & Conservation Block Grant Retrofit Ramp-Up ("EECBG-RU") program as part of the American Recovery and Reinvestment Act of 2009 ("ARRA"); and

WHEREAS, the City submitted an application to the Department of Energy on December 14, 2009 to request EECBG-RU funds; and

WHEREAS, based on the City's successful application, the Department of Energy has awarded $20 million to the City of Seattle from these EECBG-RU funds; and

WHEREAS, the EECBG-RU grant funding constitutes one-time funding for programs to deliver deep energy efficiency retrofits in residential, commercial, hospital, and municipal buildings in the Central District and parts of Southeast Seattle; and

WHEREAS, the retrofit programs will reduce over 50,000 metric tons of greenhouse gases, and create thousands of new living wage green jobs; and

WHEREAS, the City is not obligated to continue or maintain ARRA grant funding levels for the EECBG-RU once ARRA grant funds have lapsed; and

WHEREAS, the City Council wishes to increase appropriations in the 2010 Adopted Budget for the Office of Sustainability and Environment, Office of Economic Development, and Seattle City Light, to reflect the anticipated receipt and authorize the expenditure of these EECBG-RU funds; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City of Seattle hereby accepts American Recovery and Reinvestment Act of 2009 ("ARRA") funds from the Department of Energy for the Energy Efficiency and Conservation Block Grant Retrofit Ramp-up ("EECBG-RU") program in the amount of $20 million for the following purposes:

Item	Program and Description
1	Loan fund and credit enhancement. Expand existing loan programs and explore creating new loan programs to provide cost effective financing for retrofits.
2	Carbon Reduction Fund. Establish competitive process to provide financial incentives for retrofit projects based on carbon reduced by the project.
3	Outreach and marketing. Market program to targeted/eligible properties across numerous sectors identified by the City.
4	Workforce Development. Expand existing green workforce development efforts currently underway by the City, including a focus on worker placement, and worker and employer support services.
5	Measurement & Verification. Compile and analyze energy usage and performance data regularly to assess program results.
6	Grant Administration. This funding will allow the City to respond to the administration, monitoring and reporting requirements of the grant.

The Mayor or his designee is authorized to execute and deliver and perform for and on behalf of the City of Seattle such EECBG-RU agreements and certifications as may be necessary to accept the ARRA funds. Energy Efficiency and Conservation Block Grant Retrofit Ramp-up funds, when received, shall be deposited into the appropriate funds, as follows:

Fund Name and Number	Department	Amount
General Subfund (00100)	Office of Sustainability and Environment	$17,945,000
General Subfund (00100)	Office of Economic Development	$1,825,000
City Light Fund	Seattle City Light	$230,000
TOTAL		$20,000,000

The Mayor or his designee is further authorized to execute and deliver documents relating to the EECBG-RU agreements if required by federal guidelines.

Section 2. Contingent upon the execution of the EECBG-RU agreement(s) authorized in Section 1 and the receipt of the funds, the appropriations for the following items in the 2010 Budget are increased from the funds shown, as follows:

Fund Name and Number	Department	Budget Control Level	Amount
General Subfund (00100)	Office of Sustainability and Environment	Office of Sustainability and Environment (X1000)	$17,945,000
City Light Fund (41000)	Seattle City Light	Financial Services -O&M (SCL500)	$230,000
General Subfund (00100)	Office of Economic Development	Business Services (X1D00)	$1,825,000
Total			$20,000,000

Unspent funds shall carry forward to subsequent years until they are exhausted or abandoned by ordinance.

Section 3. To carry out purposes of the appropriations in Section 2 of this ordinance, the following new positions, which are exempt from Civil Service and Public Safety Civil Service rules and laws, are created in the Office of Sustainability and Environment and Seattle City Light:

Department	Position Title	Position Status	Number
Office of Sustainability and Environment	Strategic Advisor 2, Exempt	Full Time	1.0
Office of Sustainability and Environment	Strategic Advisor 1, Exempt	Full Time	2.0
Office of Sustainability and Environment	Administrative Staff Analyst	Full Time	1.0
Seattle City Light	Sr. Finance Analyst	Full Time	1.0

The Director of the Office of Sustainability and Environment and Seattle City Light Superintendent are authorized to fill the positions in their respective departments. Given the anticipated duration of this funding, these positions are abrogated effective December 31, 2013.

Section 4. Notwithstanding the requirements of Seattle Municipal Code Chapters 20.50 and 20.60, the Director of the Office of Sustainability and Environment is authorized to enter into consultant and service contracts with the entities specified in Attachment A hereto, up to the dollar amounts stated and for the purposes described in Attachment A.

Section 5. Any act authorized by this ordinance and taken after its passage is ratified and confirmed.

Section 6. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by a two-thirds vote of the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Attachment A: EECBG-RU Authorized Contracts List

Amanda Eichel/ae OSE EECBG Retrofit Ramp-up ORD June 23, 2010 Version #1

Attachment A, EECBG-RU Authorized Contracts List

Name	Program Item (from Ordinance Section 1 Table)	Contract Purpose	Dollar Amount
Washington State University	5 -Measurement and Verification	Provide EECBG-RU program evaluation services. Monitor and verify the program's results (e.g., energy and carbon savings, number of new jobs created) and provide real-time feedback on program performance, including indentifying opportunities for improvements.	$ 490,000
ShoreBank Enterprise Cascadia (SBEC)	1 -Loan fund and credit enhancement 2 -Carbon Reduction Fund	Provide fund management services for Residential Revolving Loan Fund (R-RLF), Residential Carbon Reduction Fund (R-CRF). Funding management services include issuing single and multi-family loans to qualified owners, processing on-bill repayment, conducting all necessary competitive processes for distribution R-CRF, subcontracting for quality control of retrofit projects paid for by the R-RLF and R-CRF, and any other project management services that are needed to achieve the program's residential retrofit and funding objectives.	$9,787,500
MacDonald Miller Facility Solutions	1 -Loan fund and credit enhancement	Provide credit enhancement dollars to expand on an existing partnership established between MacDonald Miller and Seattle Steam, which will leverage utility, state and private resources to support implementation of about 25 projects with total capital costs of $15 million. Loans will be offered to Seattle Steam customers with repayment on their Steam bill.	$1,290,000
Seattle Foundation	4 -Workforce Development	Through the Emerald Cities Seattle program, lead development of high road workforce standards that will govern the jobs created through the large commercial, hospital, and municipal retrofits supported with EECBG-RU funding. Monitor and verify compliance with the program's workforce standards.	$ 100,000

Attachment A to OSE EECBG Retrofit Ramp-up ORD

Amanda Eichel/ae OSE EECBG Retrofit Ramp-up ORD ATT A June 23, 2010 Version #1