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HomeMy WebLinkAbout2010-306 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-306 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FINANCE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR FINANCING ENERGY EFFICIENCY PROJECTS AT VARIOUS CITY BUILDINGS. WHEREAS, the City of San Bernardino is committed to creating a sustainable environment and has implemented a number of energy efficiency projects in its efforts to reduce its carbon foot print; and WHEREAS, Southern California Edison Company has initiated the On-Bill Financing program which makes funds available at a zero percent interest rate to government agencies and businesses for energy efficiency projects; and WHEREAS, the City of San Bernardino has identified 16 projects, totaling $230,000, that qualify as energy efficiency projects. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council hereby authorize the City Manager to execute on behalf of the City of San Bernardino On-Bill Financing Agreements for financing of energy efficiency projects with Southern California Edison Company limited to those projects on Attachment 2 in substantially the form attached hereto as Attachment A and by this reference made a part hereof. SECTION 2. The authorization set forth in Section 1 is for those projects described in Attachment 2, attached hereto and by this reference made a part hereof. The City Manager may execute the necessary On-Bill Financing Agreement for each project described in Attachment 2 as that project comes into compliance with the funding criteria for the On-Bill Financing program. SECTION 3. The authority hereby granted shall become void and of no further effect on and after September 7,2012. 2010-306 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FINANCE AGREEMENTS 2 WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR FINANCING ENERGY EFFICIENCY PROJECTS AT VARIOUS CITY BUILDINGS. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council ofthe City of San Bernardino at a j oint regular meeting thereof, 6 held on the 7th day of September , 2010, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ x 9 DEJARDINS x x 10 BRINKER 11 SHORETT --X...- 12 KELLEY ----X- 13 JOHNSON x 14 MCCAMMACK X - 15 16 a~h.~ '-- CITY CLERK 1'~ The foregoing Resolution is hereby approved this ~ day ofSeptemb~l2!010. 17 18 19 ~RRJS?Mayor ity of San Bernardino 20 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney 23 By: - - 24 25 26 27 28 2 Attachment A Southern California Edison On-Bill Financing Agreement r:J EUBIsORN An EDISON INTI:.'NNATlONAP Company Southern California Edison Form# 14-791 6/2010 On-Bill Financing Agreement This On-Bill Financing Agreement to ("OBF Agreement") is entered into on 20_, (the "Effective Date") by and between the undersigned customer ("Customer") and Southern California Edison Company ("SCE") (each a "Party," collectively the "Parties"). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about , 20_ and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement"), which is/are attached hereto and incorporated herein by reference 2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and maintains a service account with SCE for electric service. Customer has completed installation of certain energy efficient equipment ("Equipment") at the Site as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 09-09-047, the California Public Utilities Commission authorized SCE to provide zero percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill ("On-Bill Financing"). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On-Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms", below) through the Customer's SCE utility bill pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third-party payee designated by Customer under the Loan Terms, below. Customer's designation of a third-party payee may not be changed or revoked. Loan Terms: Amount Financed ("Amount Financed") : $ .00 Interest Rate: 0% Fees: 0 Months to Pav: Monthlv Pavment: $ Service Account to be Billed: Desiqnated Third-Party Payee (if any): Address of Desiqnated Third-Party Payee: Southern California Edison Form# 14-7916/2010 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above (Customer's "Loan Obligation"). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill for the Service Account listed above. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE OBF Installment Charge" on the monthly SCE utility bill for Customer's Service Account. Customer may pay the Loan Obligation in the monthly installments or pre-pay the Loan Obligation in one lump sum without penalty, but pre-payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill. Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and the Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account, and a default under this OBF Agreement will be treated as a default under the Customer's Service Account. Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account, or (4) otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. Following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC-1 ("Financing Statement") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Southern California Edison Form# 14-7916/2010 Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer's attorney-in-fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure S 1132 et. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys' fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue into effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in the Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If anyone or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. [Remainder of page intentionally left blank] Southern California Edison Form# 14-791 6/2010 IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Southern California Edison Company: Authorized Representative: Authorized Representative: Title: Title: Signature: Signature: Date: Date: Business Address: Business Address: Telephone No. Telephone No. Fax No. Fax No. E-Mail Address: E-Mail Address: Southern California Edison Form# 14-7916/2010 Attachment "1" On-Bill Financing 00/0 Interest, No Fees or Loan Costs . . Making Energy Efficiency More Affordable Southern California Edison (SCE) is offering a new On-Bill Financing program for qualifying energy efficiency projects. With On-Bill Financing, SeE can work with you to finance your energy efficiency project to help achieve your organization's goals - because in today's economy, staying competitive means reducing operating expenses while enhancing your bottom line. What is On-Bill Financing? On-Bill Financing lets you finance your qualified energy efficiency projects interest-free. With On-Bill Financing, you'll enjoy: . 0% interest loans · No fees or loan costs . Convenient loan repayment through your monthly SCE bill Along with On-Bill Financing, you will also receive these benefits from your energy efficiency project: . Financial incentives for installing qualified energy-efficient equipment · Lower monthly electricity costs . Long-term energy savings Who is Eligible? All SCE business customers are eligible. To participate in On-Bill Financing, you must: · Apply for an Express Solutions (for projects not yet installed) or Customized Solutions energy efficiency incentive through SCE · Have an active SCE account for a minimum of the last two years · Be in good credit standing with SCE, meaning you have not had: · A disconnection notice · A 48-hour shutoff notice · A returned check in the past 12 months · A deposit to establish or re-establish credit in the past 12 months What are the Loan Limits? The following are the loan limits and terms for different types of customers. Business Minimum of Upto $5,000 and 5 years maximum of $100,000 Government Minimum of Upto and $5,000 and 10 years Institutional maximum of $250,000 On-Bill Financing Make your business more energy efficient with zero-interest financing How is the Loan Amount Calculated? The maximum loan amount is the difference between the total project cost of the installed eligible energy efficiency solutions and the incentives/rebates paid by SeE. Loan funds must be used for the purchase and installation of qualified energy efficiency equipment. The illustration below shows that when you use On-Bill Financing, the amount of the monthly loan payment will be offset by the bill savings resulting from your project. On-Bill Financing Loan Repayment Net Est. Monthly ~IJI!"III~ - Bill . 1- ;;;:;;;: I -New Energy Us~ge due to Project Savings Estim~ted OBF Loan P8yment Before EE Projoct with OBF After EE Project with OBF EE - Energy Efficiency OBF - On-Bill Financing How to Apply You must apply for On-Bill Financing online. To find out how this program can work for your organization, contact your Account Representative or visit www.sce.com/onbill. Or call '-800-736-4777. .-J fUoT staRN'" An /:I>IS0."'.' INFL'IUV:11'IO:y,'J,L: C(\J1IPW'.\' How It Works The On-Bill Financing (OBFI Application Process: Submit Your Application Submit a new Energy Management Solutions Incentives Application for Express Solutions (for projects not yet installed) and/or Customized Solutions. together with an On-Bill Financing Application, using the Energy Management Online Application Tool. Applications must be submitted on or after August 2. 2010 at 8:00 a.m. (PDT) to be eligible for an On-Bill Financing loan. .... OBF Application Review and Credit Check SCE will review your project application and evaluate your credit-worthiness based on your SCE utility bill payment history. 'Y OBF Application Approval and Reservation Upon approval of your credit-worthiness On-Bill Financing loan funds will be reserved for your project, provided the funds are available and you have not reached the customer loan cap. '9" Equipment Pre-Inspection An SCE engineer or approved third-party inspector will conduct an inspection of your existing equipment. If the existing equipment has been removed. your project will not be eligible for an On-Bill Financing loan, and may not be eligible for an SCE energy efficiency rebate/incentive. ,.., Equipment Installation Upon receipt of approval of YOLlr project application, you may install YOLlr energy efficiency project. .... Submit Installation Report When your project installation is complete submit an Installation Report form to SeE. Please refer to the 2010 Statewide Manuals for Express Solutions or Customized Solutions on www.sce.com/onbil/forTerms and Conditions. ,.., Approval and Incentive Processing Once YOLlr installation is inspected and approved, SCE will process your incentive payment. finalize your On-Bill Financing Loan Agreement and send it to you for signature. ...... OBF Funds Distribution Upon receipt of your signed Loan Agreement, SCE will provide you with the On-Bill Financing loan proceeds. 'Y Monthly Payments Begin Your first monthly zero-interest loan payment will appear on your next scheduled SCE bill. This program is funded by California utility customers and administered by Southern California Edison under tha auspices of the California Public Utilities Commission. This program is offered on a first-come. first-served basis and is effective until funding is expended or the program is discontinued by the California Public Utilities Commission. 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