HomeMy WebLinkAboutContracts & Agreements_163-2001099-002-ECX
Special Conditions for ECAA Loans
1. Resolution
This section only applies to Recipients that have not provided a resolution to the Energy
Commission. The Recipient must provide to the Energy Commission a signed resolution
containing the information indicated in the sample resolution in the application. This
resolution must be received before the Energy Commission will disburse any funds under
this Agreement.
2. Incentives
A. In consideration for providing the State of California early peak load energy use
reduction, Recipients may be eligible for incentives offered by the Energy
Commission. The Commission has set aside a total of $3 million to fund two
incentives: the Early Project Completion Incentive (EPCI) and Technical
Assistance Completion Incentive (TAC1). Recipients will be eligible for one or
both incentives if all the following conditions are met:
1) Recipients conform to the eligibility requirements specified in the EPCI
and TACT sections below.
2) All projects in the loan agreement are completed and operational prior to
May 1, 2002 and are complete to the satisfaction of the Energy
Commission project manager.
3) A Certificate of Project Completion Form is completed and submitted to
the Energy Commission within 10 working days of project completion.
4) A final invoice for project expenses is submitted and approved by the
Energy Commission.
5) A final report is submitted and approved by the Energy Commission.
B. Incentives will be provided on a first -come, first -served basis, based on the date
the Commission receives all of the following:
1) A signed Certificate of Project Completion (due within 10 working days
of project completion).
2) A final invoice.
3) A final report.
If the Certificate of Project Completion Form is submitted after 10 working days
of project completion, the date used for determining the incentive amount will be
the date that the Energy Commission receives all the items Iisted in item 2.13.
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099-002-ECX
Incentives are available until all incentive funds have been disbursed or May 1,
2002, whichever occurs first.
The Commission project manager may conduct a site visit to verify project
completion, or contact the Recipient, as needed, to get clarification or request
additional information regarding the project.
Although all final project invoices and reports must be received by the Energy
Commission within 60 days after project completion, Recipients are strongly
encouraged to submit these documents as soon as possible in order to increase
their chances of receiving the incentives. The incentives will be calculated only
after the final invoice and final report have been received and approved by the
Commission and only if there are incentive funds available at the time the
Commission receives the final invoice and final report. Incentive(s) will be
applied against the outstanding loan principal incurred under this loan agreement.
The Commission will provide the Recipient with a final loan amortization
schedule based on any incentives applied. The following foiiiiula is used to
determine the final principal financed:
Final Principal Financed = Loan Funds Drawn Down - EPCI - TACI
The Recipient is responsible for paying all accrued interest incurred from the date
the loan funds are drawn until receipt of full repayment by the Commission.
C. Early Project Completion Incentive: To be eligible for fhe EPCI, all projects in
the loan agreement must be completed, installed and operational by May 1, 2002.
There will be no incentives of any amount unless all projects are completed on or
before May 1, 2002. Projects ineligible for the EPCI include:
1) Light emitting diode traffic signal projects receiving incentives from
Pacific Gas and Electric, Southern California Edison or San Diego Gas
and Electric Companies.
Energy audits/feasibility studies funded by themselves without any project
funding.
3) Projects that are already receiving any utility and any other Energy
Commission incentive for early project completion.
4) Projects already receiving utility or other incentives that total 50 percent
or more of the project cost.
Special Conditions Page 2
099-002-ECX
The EPCI will be calculated using only one of the following percentages.
EPCI
Completion Date of All Projects
15% x loan funds drawn
On or before July 15, 2001
10% x loan funds drawn
On or before September 1, 2001
5°/o x loan funds drawn
On or before December 31, 2001
3% x loan funds drawn
On or before May 1, 2002
If the Certificate of Project Completion form is not received by the Commission
within 10 working days of project completion, the applicable EPCI incentive
amount will be based on the date the Commission receives all items specified in
item 2.13.
D. TechnicaI Assistance Completion Incentive: To be eligible for the TACT, all
the following requirements must be met:
1) The Recipient must be eligible to receive the EPCI.
2) The audit/study must be completed after May 1, 2001, and prepared by a
consultant hired by the Recipient (Audits/studies prepared by the
Recipient's staff or the Energy Commission are ineligible for the TACT).
3) The audit/study must follow the Commission's Guide to Preparing
Feasibility Studies for Energy Efficiency Project_si, publication number
400-00-002.
4) The Commission approves a loan for the project(s) identified in the
study/audit.
5) All loan -funded projects identified in the study must be installed and
operating by May 1, 2002.
The TACT amount will be equal to the applicable EPCI or 50 percent of the
audit/study cost, whichever is less.
3. Program Evaluation, Project Monitoring and Verification
The Commission will audit Recipients to verify compliance with the loan agreement and
to measure and verify energy savings and/or demand reduction. Upon written request
from the Commission, the Recipient agrees to:
A. Provide the Commission or its agent detailed documentation of all project
expenses.
i Can be downloaded at http://www.enerQy.ca.gov/reports/2000-03-20 400-00-002.PDF or call (916) 654-4008
Special Conditions Page 3
099-002-ECX
B. Allow the Commission or its agent to have reasonable access to facilities during
and after the construction period.
C. Provide the Commission or its agent access to records, including utility bills.
D. Allow the Commission or its agent to collect data needed to measure and verify
energy and/or demand reductions. This may include but is not limited to utility
bills, metering data, facility equipment surveys, information on operational
practices (e.g., operational schedules) and site occupancy levels.
E. Allow the Commission or its agent access to install, read and remove electricity
meters and other monitoring equipment for a period of up to two years. Resulting
data shall become the property of the Energy Commission with no restrictions on
its use. Site personnel may be requested to assist the Commission project
manager in setting up metering equipment and obtaining data.
F. Provide the Commission or its agent with data from a period prior to the start of
the project as necessary to establish baselines.
G. Allow the Commission or its agent access to and the right of inspection of all
records that pertain to the project and to the Recipient's energy use during the
term of the agreement and for a period of three years thereafter.
H. Allow the Commission or its agent access to drawings in order to evaluate project
design. -
1. Permit the Commission to publicize without restriction the results of the project in
a variety of formats and media.
J. Provide the Commission or its agent with the following:
1) An estimate of the existing electrical load and energy use (kWh, therms,
etc.) for all equipment/systems (HVAC, lighting, other) to be replaced or
modified as a result of the loan. This is the baseline electrical load and
energy use that existed before any new equipment was installed.
2) An inventory of equipment and associated hardware, as installed, to
reduce peak load and energy use (e.g., kWh, therms). The inventory shall
include the equipment efficiencies of the existing and new equipment and
any equipment that will be modified or otherwise affected by the loan.
When available, the inventory shall include the brand, model numbers,
nameplate data of the old and the new systems.
3) Where applicable, a description of the newly installed control or energy
management systems, the control strategies identified for the Recipient,
and the electrical and other energy using equipment controlled by the
system(s). When available, the loan Recipient will provide the controlled
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099-002-ECX
systems' electrical ratings (in kW), control diagrams, operating manuals,
and commissioning reports.
4) Records of changes to the equipment and/or building operations. This can
include changes in equipment operating schedules, building/facility use
and/or other changes that would impact energy savings.
5) If the customer does not have an interval meter (time of use meter) then
monthly billing data shall be provided. The Commission will specify the
required billing periods.
6) If customers have interval meters, they shall provide the metering data
used to estimate the demand savings at each site in 15-minute intervals.
The Commission will specify the required period for which the 15-minute
data is required.
4. Energy Commission Grant and Loan Recipients
This section only applies to those Recipients that have or will have received both a loan
and a grant from the Energy Commission for the same project.
The Recipient may request up to 100 percent of the loan and grant funds with
documentation showing project expenses that meet the terms of the respective agreement.
If the sum of the loan and grant funds dispersed to the Recipient is greater than total
project costs, the Recipient agrees to allow the Commission to apply the portion of grant
funds in excess of total project costs against the principal balance of the outstanding loan.
The payment will be reflected in the next regularly scheduled invoice.
In certain instances, the Recipient may receive payments under both the loan and grant
agreements that exceed total project costs. If this occurs, the Recipient is required to use
any funds received in excess of total project costs to pay down the principal balance of
the loan. The Recipient agrees to repay to the Commission any excess funds within 30
days of the date the excess funds are received by the Recipient. Failure to make the
payment may be considered a default and subject to the remedies indicated in Section 13
of this Agreement.
The following are some examples of when the Recipient will be required to use the grant
funds as a payment against their loan:
• The final project cost is $2 million and the loan is $2 million and the grant is
$500,000
• The original estimated project cost was $3 million but the final project cost is $2
million. The approved loan amount is $2 million and the approved grant is
$500,000.
• The final project cost is $1.75 million. Though the loan was approved for $2
million only $1.75 million is needed. The grant is for $500,000.
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099-002-ECX
This section does not apply to instances where the final project cost (at the time
of project completion) exceeds the sum of the Energy Commission's loan and
grant. Recipients must provide copies of invoices showing that total project cost
exceeds the sum of the loan and grant. The following are some examples of
when the Recipient will not be required to use the grant funds as a payment
against their loan:
• The final project cost is $3 million and the loan is $2 million and the grant is
$500,000
• The final project cost is $2 million. The approved loan amount is $2 million but
only $1 million is requested. The grant is $500,000.
Special Conditions Page 6
CALIFORNIA ENERGY COMMISSION
ECAA -- AB 29X
ESTIMATED LOAN AMORTIZATION SCHEDULE
LOAN NUMBER
ORGANIZATION
LOAN AMOUNT
ANNUAL INTEREST RATE
NUMBER OF PAYMENTS
ESTIMATED FIRST DISBURSEMENT DATE
ESTIMATED PROJECT COMPLETION DATE
ASSUMED FIRST PAYMENT DATE
DATE TRANSACTION
05/01/2002
12/22/2002
06/22/2003
12/22/2003
06/22/2004
12/22/2004
06/22/2005
12/22/2005
06/22/2006
12/22/2006
NOTE
DISBURSEMENT
PAYMENT NO. 1
PAYMENT NO. 2
PAYMENT NO. 3
PAYMENT NO. 4
PAYMENT NO. 5
PAYMENT NO. 6
PAYMENT NO. 7
PAYMENT NO. 8
PAYMENT NO. 9
11/01/2001
099-002-ECX
CITY OF REDLANDS
$ 415,000.00
3%
9
05/01/2002
05/01/2002
12/22/2002
AMOUNT ACCRUED PRINCIPAL UNPAID
INTEREST REDUCTION PRINCIPAL
415,000.00 415,000.00
49,850.85 8,015.76 41,835.09 373,164.91
49,850.85 5,582.14 44,268.71 328,896.20
49,850.85 4,946.96 44,903.89 283,992.31
49,850.85 4,271.56 45,579.29 238,413.02
49,850.85 3,585.99 46,264.86 192,148.16
49,850.85 2,874.33 46,976.52 145,171.64
49,850.85 2,183.54 47,667.31 97,504.33
49,850.85 1,458.56 48,392.29 49,112.04
49,850.74 738.70 49,112.04 0.00
: THIS SCHEDULE IS ONLY AN ESTIMATE. WHEN YOUR PROJECT IS
COMPLETED, YOU WILL BE ISSUED A FINAL SCHEDULE BASED ON ACTUAL
DISBURSEMENT(S) AND COMPLETION DATE.
THIS AMORTIZATION SCHEDULE ASSUMES PAYMENTS OF ALL INSTALLMENTS
ARE MADE ON THEIR DUE DATES IN ACCORDANCE WITH THE TERMS OF THE
PROMISSORY NOTE. ANY PAYMENT OF INSTALLMENT CONSIDERED TO HAVE
BEEN MADE LATE IN ACCORDANCE WITH THE TERMS OF THE PROMISSORY
NOTE AND ANY UNSCHEDULED PREPAYMENT WILL AFFECT ACCRUED INTEREST,
PRINCIPAL REDUCTION, UNPAID PRINCIPAL, AND TOTAL REPAYMENT.
PRINCIPAL AMOUNT:
LOAN NUMBER:
$ 415,000.00
099-002—ECX
PROJECT TERM: 02/01/2002 — 05/01/2002
ECAA -- AB 29X ACCOUNT LOAN AGREEMENT
THIS AGREEMENT IS EFFECTIVE AS OF THE DATE BOTH PARTIES HAVE SIGNED THIS
AGREEMENT, IN THE STATE OF CALIFORNIA, BY AND BETWEEN THE STATE OF
CALIFORNIA, CALIFORNIA ENERGY COMMISSION, 1516 NINTH STREET, SACRAMENTO, CA
95814, HEREINAFTER "COMMISSION," AND CITY OF REDLANDS, DEPARTMENT OF PUBLIC
WORKS, 35 CAJON STREET, REDLANDS, CA 7987697, HEREINAFTER "BORROWER."
1. AUTHORITY
A. PURSUANT TO THE PURPOSES AUTHORIZED BY SECTION 25410, ET SEQ, OF
THE CALIFORNIA PUBLIC RESOURCES CODE, THE COMMISSION HAS APPROVED
BORROWER'S LOAN APPLICATION DATED October 20. 2001 , WHICH IS NOT
ATTACHED BUT IS EXPRESSLY INCORPORATED BY REFERENCE HEREIN.
B. SUBJECT TO THE TERMS, COVENANTS, AND CONDITIONS CONTAINED HEREIN,
AND THE ATTACHED BUDGET DETAIL TO THE EXTENT IT MODIFIES
BORROWER'S LOAN APPLICATION, THE COMMISSION SHALL MAKE A LOAN TO
BORROWER IN THE AMOUNT OF FOUR HUNDRED FIFTEEN THOUSAND DOLLARS
($415,000.00) EVIDENCED BY A PROMISSORY NOTE FOR LOAN NUMBER
099-002—ECX, ATTACHED HERETO AS EXHIBIT A.
2. GENERAL TERMS
A. THE BORROWER AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS THE
STATE, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND LOSSES ACCRUING OR RESULTING TO BORROWER AND TO ANY
AND ALL CONTRACTORS, SUBCONTRACTORS, MATERIALMEN, LABORERS, AND
ANY OTHER PERSON, FIRM, OR CORPORATION FURNISHING OR SUPPLYING
WORK, SERVICES, MATERIALS, OR SUPPLIES IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT, AND FROM ANY AND ALL CLAIMS AND
LOSSES ACCRUING OR RESULTING TO ANY PERSON, FIRM, OR CORPORATION
WHO MAY BE INJURED OR DAMAGED BY THE BORROWER IN THE PERFORMANCE
OF THIS CONTRACT.
B. THE BORROWER, AND THE AGENTS AND EMPLOYEES OF BORROWER, IN THE
PERFORMANCE OF THIS AGREEMENT, SHALL ACT IN AN INDEPENDENT
CAPACITY AND NOT AS OFFICERS OR EMPLOYEES OR AGENTS OF THE STATE
OF CALIFORNIA.
C. WITHOUT THE WRITTEN CONSENT OF THE COMMISSION, THIS AGREEMENT IS
NOT ASSIGNABLE OR TRANSFERABLE BY BORROWER EITHER IN WHOLE OR IN
PART.
D. TIME IS OF THE ESSENCE IN THIS AGREEMENT. BORROWER IS REQUIRED
TO TAKE TIMELY ACTIONS WHICH, TAKEN COLLECTIVELY, MOVE TO
COMPLETION OF THE PURPOSE FOR WHICH THIS LOAN WAS AWARDED.
THE COMMISSION PROJECT MANAGER WILL PERIODICALLY EVALUATE THE
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PROGRESS TOWARD COMPLETION. IF THE COMMISSION PROJECT MANAGER
DETERMINES THAT THE LOAN RECIPIENT IS NOT PROGRESSING TOWARD
COMPLETION WITHIN TWO (2) YEARS OF THE DATE THE LOAN DOCUMENTS
WERE SIGNED BY THE COMMISSION, THE COMMISSION PROJECT MANAGER
MAY, WITHOUT PENALTIES OR PREJUDICE TO ANY OF THE COMMISSION'S
REMEDIES, TERMINATE THIS AGREEMENT.
E. NO ALTERATION OR VARIATION OF THE TERMS OF THIS AGREEMENT SHALL
BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE PARTIES HERETO,
AND NO ORAL UNDERSTANDING OR AGREEMENT NOT INCORPORATED HEREIN,
SHALL BE BINDING ON ANY OF THE PARTIES HERETO.
3. PURPOSE
THE BORROWER AGREES TO EXPEND ALL FUNDS ADVANCED PURSUANT TO THIS
AGREEMENT ONLY FOR THE PURPOSES AND IN THE AMOUNTS SET FORTH IN THE
ATTACHED BUDGET DETAIL. IN THE EVENT THE COMMISSION DETERMINES THAT
FUNDS HAVE BEEN EXPENDED WITHOUT PRIOR WRITTEN APPROVAL BY THE
COMMISSION FOR PURPOSES OTHER THAN THOSE SPECIFIED, THE FULL AMOUNT OF
THE LOAN, INCLUDING PRINCIPAL AND INTEREST, SHALL BE IMMEDIATELY DUE
AND PAYABLE.
4. LOAN DISBURSEMENT SCHEDULE
A. THE COMMISSION AGREES TO DISBURSE FUNDS TO THE BORROWER UPON THE
PROPER EXECUTION OF THE ATTACHED PROMISSORY NOTE AND ANY
APPROPRIATE SECURITY INSTRUMENTS, AND REQUIRED SUPPLEMENTAL
DOCUMENTS, INCLUDING INVOICES AS REQUIRED IN PARAGRAPH C.
B. THIS PARAGRAPH APPLIES ONLY TO BORROWERS WHO HAVE RECEIVED
TECHNICAL ASSISTANCE OR A FEASIBILITY STUDY BY A CONSULTANT UNDER
CONTRACT TO THE COMMISSION AND ARE FINANCING THE TECHNICAL
ASSISTANCE OR STUDY REIMBURSEMENT THROUGH THIS LOAN. THE
COMMISSION WILL REIMBURSE ITSELF FROM THE BORROWER'S LOAN
PROCEEDS FOR THE TECHNICAL ASSISTANCE OR FEASIBILITY STUDY COST
WHICH WAS PROVIDED IN ACCORDANCE WITH THE SERVICES AGREEMENT,
DATED SUCH REIMBURSEMENT WILL OCCUR ON THE DATE
THE COMMISSION EXECUTES THIS LOAN AGREEMENT AND WILL BE EQUAL TO
$ -
C. EXCEPT FOR THE TECHNICAL ASSISTANCE OR FEASIBILITY STUDY COST
INDICATED IN B., LOAN FUNDS SHALL BE DISBURSED ON A REIMBURSEMENT
BASIS BASED ON INVOICES SUBMITTED BY BORROWER IN A FORM APPROVED
BY THE COMMISSION. BILLINGS MUST BE PROVIDED TO SUBSTANTIATE THE
REQUEST. COMMISSION STAFF WILL APPROVE INVOICES ONLY AFTER
VERIFYING REQUESTED AMOUNTS AGAINST BACKUP BILLINGS AND
DETERMINING EXPENSES ARE APPROPRIATE AND USED FOR THE PURPOSE OF
THE LOAN.
D. TEN PERCENT (10%) OF THE LOAN AMOUNT WILL BE WITHHELD AS
RETENTION UNTIL THE FINAL REPORT IS RECEIVED AND THE COMMISSION'S
PROJECT MANAGER DETERMINES THE PROJECT HAS BEEN SATISFACTORILY
COMPLETED.
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E. AN ADVANCE OF UP TO TEN PERCENT (10%) OF THE LOAN BALANCE
(AFTER COMMISSION REIMBURSEMENT FOR THE TECHNICAL ASSISTANCE OR
FEASIBILITY STUDY COST, IF APPLICABLE) MAY BE REQUESTED AT THE
START OF THE PROJECT. SUBSEQUENT ADVANCES MAY BE ALLOWED WHEN
RECEIPT OF FUNDS ON A REIMBURSEMENT BASIS PRESENTS AN UNDUE
HARDSHIP TO THE BORROWER.
5. INTEREST
THE LOAN HEREIN SHALL BEAR SIMPLE INTEREST AT THE ANNUAL RATE SET
FORTH IN THE ATTACHED PROMISSORY NOTE ON THE PRINCIPAL BALANCE OF LOAN
FUNDS DISBURSED TO THE BORROWER. PAYMENT OF SAID INTEREST SHALL BE
DUE AT THE TIME OF REPAYMENT OF THE LOAN TO THE COMMISSION, AND
INTEREST SHALL ACCRUE FROM THE TIME OF DISBURSAL OF FUNDS TO THE
BORROWER UNTIL RECEIPT OF FULL REPAYMENT BY THE COMMISSION. INTEREST
ON COMMISSION REIMBURSEMENT FOR TECHNICAL ASSISTANCE OR THE
FEASIBILITY STUDY, IF APPLICABLE, SHALL ACCRUE FROM THE DATE THE
COMMISSION EXECUTES THIS LOAN AGREEMENT UNTIL RECEIPT OF FULL
REPAYMENT BY THE COMMISSION.
6. TERM
A. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE LAST DATE OF
EXECUTION.
B. THE BORROWER AGREES TO COMPLETE PERFORMANCE OF ITS OBLIGATIONS
UNDER THIS AGREEMENT WITHIN THE PERIOD STATED IN THIS AGREEMENT.
7. REPAYMENT
ALL FUNDS ADVANCED HEREUNDER, TOGETHER WITH ALL INTEREST PAYABLE
THEREON, SHALL BE REPAID TO THE COMMISSION IN _ACCORDANCE WITH THE
TERMS OF THE PROMISSORY NOTE.
8. PREPAYMENT
BORROWER SHALL HAVE THE RIGHT TO PREPAY ALL OR ANY PART OF THE AMOUNT
OF THIS LOAN AT ANY TIME WITHOUT PENALTY.
9. PROMISSORY NOTE
IN ORDER TO EVIDENCE ITS DEBT TO THE COMMISSION HEREUNDER, THE
BORROWER AGREES TO, CONTEMPORANEOUSLY WITH THE EXECUTION OF THIS
AGREEMENT, EXECUTE AND DELIVER TO THE COMMISSION A PROMISSORY NOTE.
10. SECURITY (APPLIES ONLY TO NONGOVERNMENTAL BORROWERS)
A. NONGOVERNMENTAL
DOLLARS ($25,000.
SPECIFIED IN THE
THAT DO NOT MEET
BORROWERS WITH A LOAN OF TWENTY-FIVE THOUSAND
00) OR MORE MUST MEET FINANCIAL REQUIREMENTS AS
LOAN APPLICATION PACKAGE. FOR THOSE BORROWERS
THE FINANCIAL REQUIREMENTS, THE COMMISSION WILL
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REQUIRE SECURITY FOR A LOAN OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) OR MORE. THE COMMISSION WILL REQUIRE EITHER: (1) AN
IRREVOCABLE LETTER OF CREDIT OR (2) A DEED OF TRUST ON THE
PROPERTY TO BE IMPROVED UNDER THE TERMS OF THIS AGREEMENT TO
SECURE THE ATTACHED PROMISSORY NOTE, WITH SAID DEED OF TRUST
NAMING THE STATE OF CALIFORNIA, CALIFORNIA ENERGY COMMISSION, AS
BENEFICIARY. BORROWER SHALL ALSO OBTAIN AND DELIVER A STANDARD
CLTA TITLE INSURANCE POLICY FOR THE SECURED PROPERTY, INSURING
THE COMMISSION'S INTEREST AS LENDER, AND A CURRENT MARKET VALUE
APPRAISAL OF SAID PROPERTY WITH VALUES SUPPORTED BY AVAILABLE
MARKET DATA WHICH HAS BEEN PREPARED BY A LICENSED APPRAISER.
B. FOR ALL NONGOVERNMENTAL LOANS SECURED BY A DEED OF TRUST, THE
BORROWER AGREES THAT IN THE EVENT IT SELLS, TRANSFERS, MORTGAGES,
DISPOSES OF, OR FURTHER ENCUMBERS THE SAID PROPERTY, OR ANY PART
THEREOF, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSION,
THEN THE COMMISSION SHALL HAVE THE RIGHT, AT ITS OPTION, TO
DECLARE THE ENTIRE BALANCE OF THE UNPAID PRINCIPAL WITH UNPAID
INTEREST DUE THEREON, IMMEDIATELY DUE AND PAYABLE. CONSENT TO
ONE SUCH TRANSACTION SHALL NOT BE DEEMED TO BE A WAIVER OF THE
RIGHT TO REQUIRE CONSENT TO FUTURE OR SUCCESSIVE TRANSACTIONS.
11. ACCOUNTS
A. IF REQUESTED BY THE COMMISSION, THE BORROWER AGREES TO DEPOSIT
ALL FUNDS RECEIVED UNDER THIS AGREEMENT IN A SEGREGATED ACCOUNT
IN AN INSTITUTION WHOSE DEPOSITS ARE INSURED BY THE FEDERAL OR
THE STATE GOVERNMENT.
B. THE BORROWER FURTHER AGREES TO ESTABLISH ON ITS BOOKS A SEPARATE
ACCOUNT FOR THIS LOAN. THIS ACCOUNT SHALL BE MAINTAINED AS LONG
AS THE LOAN OBLIGATION REMAINS UNSATISFIED._
C. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS THAT ACCURATELY
AND FULLY SHOW THE DATE, AMOUNT, PURPOSE, AND PAYEE OF ALL
EXPENDITURES DRAWN ON SAID ACCOUNT.
D. THE BORROWER FURTHER AGREES TO UTILIZE A VOUCHER SYSTEM BY WHICH
ALL EXPENDITURES FROM SAID ACCOUNT WILL BE AUTHORIZED AND
AUTHENTICATED.
E. THE BORROWER FURTHER AGREES TO ALLOW THE COMMISSION OR ANY OTHER
AGENCY OF THE STATE OR THE FEDERAL GOVERNMENT, ON WRITTEN
REQUEST, TO HAVE REASONABLE ACCESS TO, AND THE RIGHT OF
INSPECTION OF, ALL RECORDS THAT PERTAIN TO SAID ACCOUNT. THE
BORROWER ALSO AGREES TO SUBMIT TO AN INDEPENDENT AUDIT, IF
REQUESTED BY THE COMMISSION, AT THE EXPENSE OF THE BORROWER.
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F. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS FOR THREE (3)
YEARS FOLLOWING PROJECT COMPLETION SHOWING THE COST OF THE ENERGY
SAVED AS A RESULT OF IMPLEMENTING THE PROJECT FUNDED IN WHOLE OR
IN PART BY THIS LOAN. FOR EACH OF THE THREE (3) YEARS FOLLOWING
PROJECT COMPLETION, BORROWER SHALL COMPUTE THE COST OF THE ENERGY
SAVED BY IMPLEMENTING THE PROJECT FUNDED IN WHOLE OR IN PART BY
THIS LOAN AND SHALL SUBMIT ANNUAL REPORTS TO THE COMMISSION.
G. ALL INVOICES MUST BE SUBMITTED WITHIN SIXTY (60) DAYS OF PROJECT
COMPLETION.
12. BUDGET
A. SEMIANNUAL PAYMENTS DUE TO THE COMMISSION UNDER THIS AGREEMENT
SHALL BE MADE FROM SAVINGS IN ENERGY COSTS OR OTHER AVAILABLE
FUNDS AS THE BORROWER CHOOSES. IF BORROWER IS A COUNTY, CITY,
TOWN, TOWNSHIP, BOARD OF EDUCATION, OR SCHOOL DISTRICT, BORROWER
AGREES THAT THE AMOUNT OF THE SEMIANNUAL LOAN REPAYMENT SHALL NOT
BE RAISED BY THE LEVY OF ADDITIONAL TAXES AND SHALL NOT BE A
CHARGE AGAINST BORROWER'S GENERAL FUND, BUT SHALL BE OBTAINED
EITHER FROM ACTUAL SAVINGS IN ENERGY COSTS RESULTING FROM THE
SUBJECT ENERGY CONSERVATION PROJECTS OR OTHER AVAILABLE FUNDS AS
THE BORROWER CHOOSES.
B. ENERGY COST SAVINGS CALCULATIONS ARE BASED ON ENERGY USAGE AND
SERVING UTILITY RATES AT THE TIME OF THE ISSUANCE OF THIS LOAN.
CHANGES IN ENERGY USE AND RATE REDUCTIONS WHICH OCCUR AFTER
ISSUANCE OF THE LOAN WILL NOT AFFECT THE CALCULATED ENERGY
SAVINGS. THEREFORE, ALL FUNDS ADVANCED HEREUNDER, TOGETHER WITH
ALL INTEREST PAYABLE THEREON, SHALL BE REPAIDTO THE COMMISSION
IN FULL AND SHALL NOT BE FORGIVEN DUE TO A CHANGE IN BORROWER'S
ENERGY USE OR A REDUCTION IN BORROWER'S ENERGY UTILITY RATES.
13. DEFAULT
A. IN THE EVENT THE BORROWER, FOR ANY REASON, IS UNABLE TO PROCEED
WITH THE PURPOSE OF THIS AGREEMENT, THE COMMISSION MAY DECLARE
THIS AGREEMENT TO HAVE BEEN BREACHED AND BE RELEASED FROM ANY
FURTHER PERFORMANCE HEREUNDER.
B. IN THE EVENT OF ANY DEFAULT OR BREACH OF THE AGREEMENT BY THE
BORROWER, THE COMMISSION, WITHOUT LIMITING ANY OF ITS OTHER LEGAL
RIGHTS OR REMEDIES, MAY DECLARE THE PROMISSORY NOTE EVIDENCING
THE LOAN TO BE IMMEDIATELY DUE AND PAYABLE.
14. REPORTING
A. PROGRESS REPORTS ARE DUE SEMIANNUALLY UNTIL PROJECT COMPLETION.
REPORTS ARE DUE JANUARY 31 (FOR THE JULY 1 - DECEMBER 31 PERIOD)
AND JULY 1 (FOR THE JANUARY 1 - JUNE 30 PERIOD).
B. A FINAL REPORT IS DUE NO LATER THAN 60 DAYS AFTER PROJECT
COMPLETION.
5
C. A PROGRESS REPORT MUST BE SUBMITTED WITH EACH REQUEST (INVOICE)
FOR LOAN FUNDS.
D. IF REQUESTED BY THE COMMISSION, BORROWER SHALL SUBMIT, WITHIN
TEN (10) DAYS OF THE COMMISSION'S WRITTEN REQUEST, A STATUS
REPORT ON ITS ACTIVITIES TO DATE, PURSUANT TO THIS AGREEMENT.
E. REPORTS SHALL BE IN A FORMAT AS DETERMINED BY THE COMMISSION.
15. NONDISCRIMINATION
A. DURING THE PERFORMANCE OF THIS AGREEMENT, THE BORROWER AND ITS
CONTRACTORS AND SUBCONTRACTORS SHALL NOT DENY THE AGREEMENT'S
BENEFITS TO ANY PERSON ON THE BASIS OF RELIGION, COLOR, ETHNIC
GROUP IDENTIFICATION, SEX, AGE, PHYSICAL OR MENTAL DISABILITY,
NOR SHALL THEY DISCRIMINATE UNLAWFULLY AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR,
NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP, MENTAL DISABILITY,
MEDICAL CONDITION, MARITAL STATUS, AGE, OR SEX. THE BORROWER
SHALL INSURE THAT THE EVALUATION AND TREATMENT OF EMPLOYEES AND
APPLICANTS FOR EMPLOYMENT ARE FREE OF SUCH DISCRIMINATION.
B. THE BORROWER SHALL COMPLY WITH THE PROVISIONS OF THE FAIR
EMPLOYMENT AND HOUSING ACT (GOVERNMENT CODE, SECTION 12900 ET
SEQ.), THE REGULATIONS PROMULGATED THEREUNDER (CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 7285.0 ET SEQ.), THE PROVISIONS OF
ARTICLE 9.5, CHAPTER 1, PART 1, DIVISION 3, TITLE 2, OF THE
GOVERNMENT CODE (GOVERNMENT CODE, SECTIONS 11135 - 11139.5), AND
THE REGULATIONS OR STANDARDS ADOPTED BY THE AWARDING STATE AGENCY
TO IMPLEMENT SUCH ARTICLE.
C. THE BORROWER AND ITS CONTRACTORS AND SUBCONTRACTORS SHALL GIVE
WRITTEN NOTICE OF THEIR OBLIGATIONS UNDER THIS CLAUSE TO LABOR
ORGANIZATIONS WITH WHICH THEY HAVE A COLLECTIVE BARGAINING OR
OTHER AGREEMENT.
D. THE BORROWER SHALL INCLUDE THE NONDISCRIMINATION AND COMPLIANCE
PROVISIONS OF THIS CLAUSE IN ALL CONTRACTS AND SUBCONTRACTS TO
PERFORM WORK UNDER THIS AGREEMENT.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
STATE OF CALIFORNIA -
CALIFORNIA ENERGY COMMISSION
BY (AUTHORIZED SIGNATURE)
CHIEF, FISCAL MANAGEMENT BRANCH
TITLE
DATE
BORROWER (IF OTHER THAN AN
INDIVIDUAL, STATE WHETHER A
CORPORATION, PARTNERSHIP, ETC.)
BY (AUTHORIZED SIGNATURE)
Mayor
MAIL ADDRESS: CITY OF REDLANDS
DEPARTMENT OF PUBLIC WORKS
P. 0. BOX 3005
REDLANDS, CA 92373
AMOUNT ENCUMBERED:FISCAL YEAR: FUND-ORG 033
:ENERGY CONSERVATION
$ 415,000.00 : 2001-2002 :ASSISTANCE ACCOUNT
•
•
APPROPRIATION—ORG C-103
3360-605-0033, CH. 8/01
ECAA -- AB 29X (ECX)
$415,000.00
LOAN NO.
. 099-002-ECX
•
: LINE ITEM-ORG
: ALLOTMENT
•
: 4400-626-44010
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE
AVAILABLE FOR THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
SIGNATURE OF ACCOUNTING OFFICER
- 7 -
DATE
---- BUDGET DETAIL
GLNUMBER : 099-002-ECX SEQUENCE NO.: 1605-1
GRANT NO.: --
RECIPIENT: CITY OF REDLANDS
INSTITUTION:
BUILDING:
BUILDING TYPE: -
ECM CODE: TSL - SIGNAL LIGHT
CEC LOAN BUDGET:
CEC GRANT BUDGET:
TOTAL CEC BUDGET:
FED MATCH:
RECIPIENT MATCH:
TOTAL BUDGET:
415,000.00 SENATE DIST: 31
0.00 ASSEMBLY DIST: 63
415,000.00
0.00
0.00
415,000.00
PROGRAM: ECAA -- AB 29X
FINAL COST: 0.00
EXHIBIT A
PROMISSORY NOTE
PRINCIPAL AMOUNT:
$ 415,000.00
LOAN NUMBER: 099-002-ECX
1. FOR VALUE RECEIVED, THE UNDERSIGNED, CITY OF REDLANDS (HEREINAFTER
REFERRED TO AS THE "BORROWER"), PROMISES TO PAY TO THE ORDER OF THE
STATE OF CALIFORNIA, CALIFORNIA ENERGY COMMISSION (HEREINAFTER
REFERRED TO AS THE "COMMISSION"), AT ITS PRINCIPAL PLACE OF BUSINESS
AT 1516 NINTH STREET, SACRAMENTO, CALIFORNIA 95814, OR AT SUCH OTHER
PLACE AS THE COMMISSION MAY DESIGNATE, THE PRINCIPAL SUM OF FOUR
HUNDRED FIFTEEN THOUSAND DOLLARS ($415,000.00) OR SUCH LESSER AMOUNT
AS SHALL EQUAL THE AGGREGATE AMOUNT DISBURSED TO THE BORROWER BY THE
COMMISSION, PLUS THE AMOUNT OF COMMISSION REIMBURSEMENT FOR TECHNICAL
ASSISTANCE OR FEASIBILITY STUDY COST, IF APPLICABLE, TOGETHER WITH
INTEREST ON THE UNPAID PRINCIPAL COMPUTED FROM THE DATE OF EACH
DISBURSEMENT TO THE BORROWER UNTIL REPAID BY THE BORROWER AT THE
INTEREST RATE OF THREE PERCENT (3%) PER ANNUM. PRINCIPAL AND INTEREST
IS DUE AND PAYABLE IN SEMIANNUAL INSTALLMENTS, BEGINNING ON OR BEFORE
DECEMBER 22 OF THE FISCAL YEAR FOLLOWING THE YEAR IN WHICH THE PROJECT
IS COMPLETED AND CONTINUING THEREAFTER UNTIL SAID PRINCIPAL AND
INTEREST HAVE BEEN PAID IN FULL.
2. PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED WITHIN THIRTY (30) DAYS
AFTER ITS DUE DATE SHALL BE CONSIDERED TO HAVE BEEN RECEIVED ON ITS
DUE DATE AND SHALL BE FIRST APPLIED TO ACCRUED INTEREST FROM THE DATE
OF DISBURSAL TO THE BORROWER AND THE BALANCE, IF ANY, TO PRINCIPAL.
PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED MORE THAN THIRTY (30)
DAYS AFTER ITS DUE DATE BUT BEFORE THE NEXT BILLING SHALL BE
CONSIDERED LATE, AND INTEREST ON THE UNPAID PRINCIPAL SHALL ACCRUE
FROM DATE OF DISBURSAL TO THE BORROWER THROUGH THE ACTUAL PAYMENT
DATE. HOWEVER, PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED AFTER A
SUBSEQUENT BILLING SHALL BE CONSIDERED OVERDUE, AND INTEREST SHALL
ACCRUE ON THE UNPAID PRINCIPAL FROM DATE OF DISBURSAL TO THE BORROWER
THROUGH THE SUBSEQUENT BILLING DUE DATE OR ACTUAL PAYMENT DATE,
WHICHEVER IS LATER. THE BORROWER MAY PREPAY THIS NOTE IN FULL OR IN
PART, WITHOUT PENALTY, BUT ANY SUCH PREPAYMENT SHALL BE FIRST APPLIED
TO PRINCIPAL AND THE BALANCE, IF ANY, TO ACCRUED INTEREST.
3. IF ANY INSTALLMENT IS NOT PAID WITHIN THIRTY (30) DAYS AFTER ITS DUE
DATE, THE COMMISSION, AT ITS OPTION, MAY REQUIRE THE BORROWER TO PAY A
LATE CHARGE EQUAL TO FIVE PERCENT (5%) OF THE AMOUNT OF THE
INSTALLMENT OR FIVE DOLLARS ($5.00), WHICHEVER IS GREATER.
4. ON THE OCCURRENCE OF ANY EVENT OF DEFAULT, THE COMMISSION, AT ITS
SOLE ELECTION, MAY DECLARE ALL OR ANY PORTION OF THE PRINCIPAL AND
ACCRUED INTEREST ON THIS NOTE TO BE IMMEDIATELY DUE AND PAYABLE AND
MAY PROCEED AT ONCE WITHOUT FURTHER NOTICE TO ENFORCE THIS NOTE
ACCORDING TO LAW.
- 8 -
5. EACH OF THE FOLLOWING OCCURRENCES SHALL CONSTITUTE AN EVENT OF
DEFAULT:
A. FAILURE OF THE BORROWER TO REPAY ANY PRINCIPAL OR INTEREST WHEN
DUE UNDER THE TERMS OF THIS NOTE;
B. TERMINATION OF SAID LOAN AGREEMENT PURSUANT TO THE TERMS THEREOF
OR BREACH BY THE BORROWER OF ANY TERMS OF SAID LOAN AGREEMENT;
C. FAILURE OF THE BORROWER TO UNDERTAKE IN A TIMELY WAY THE EXPRESS
AND IMPLIED ACTIVITIES FOR WHICH SAID LOAN AGREEMENT HAS BEEN
EXECUTED;
D. FAILURE OF THE BORROWER TO OBTAIN PRIOR WRITTEN COMMISSION
APPROVAL BEFORE UNDERTAKING A CHANGE IN THE SCOPE OF THE
ACTIVITIES FOR WHICH SAID LOAN AGREEMENT HAS BEEN EXECUTED; OR
E. OCCURRENCE OF (1) THE BORROWER BECOMING INSOLVENT OR BANKRUPT OR
BEING UNABLE OR ADMITTING IN WRITING ITS INABILITY TO PAY ITS
DEBTS AS THEY MATURE OR MAKING A GENERAL ASSIGNMENT FOR THE
BENEFIT OF OR ENTERING INTO ANY COMPOSITION OR ARRANGEMENT WITH
CREDITORS; (2) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER,
TRUSTEE, OR LIQUIDATOR OF THE ASSETS OF THE BORROWER OR A
SUBSTANTIAL PART THEREOF, BEING AUTHORIZED OR INSTITUTED BY OR
AGAINST THE BORROWER; OR (3) PROCEEDINGS UNDER ANY BANKRUPTCY,
REORGANIZATION, READJUSTMENT OF DEBT, INSOLVENCY, DISSOLUTION,
LIQUIDATION OR OTHER SIMILAR LAW, OR ANY JURISDICTION BEING
AUTHORIZED OR INSTITUTED AGAINST THE BORROWER.
6. NO DELAY OR FAILURE OF THE COMMISSION IN THE EXERCISE OF ANY RIGHT OR
REMEDY HEREUNDER OR UNDER ANY OTHER AGREEMENT, WHICH SECURES OR IS
RELATED HERETO, SHALL AFFECT ANY SUCH RIGHT OR REMEDY, AND NO SINGLE
OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR REMEDY SHALL PRECLUDE ANY
FURTHER EXERCISE THEREOF, AND NO ACTION TAKEN OR OMITTED BY THE
COMMISSION SHALL BE DEEMED A WAIVER OF ANY SUCH RIGHT OR REMEDY.
7. ANY NOTICE TO THE BORROWER PROVIDED FOR IN THIS NOTE SHALL BE GIVEN BY
MAILING SUCH NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
ADDRESSED TO THE BORROWER AT THE ADDRESS STATED IN THE LOAN AGREEMENT,
OR TO SUCH OTHER ADDRESS AS THE BORROWER MAY DESIGNATE BY NOTICE TO
THE COMMISSION. ANY NOTICE TO THE COMMISSION SHALL BE GIVEN BY
MAILING SUCH NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO
THE COMMISSION AT THE ADDRESS STATED IN THE LOAN AGREEMENT, OR AT SUCH
OTHER ADDRESS AS MAY HAVE BEEN DESIGNATED BY NOTICE TO THE BORROWER.
8. IF SUIT IS BROUGHT TO COLLECT ANY PART OF THIS NOTE, THE COMMISSION
SHALL BE ENTITLED TO COLLECT ALL REASONABLE COSTS AND EXPENSES OF SAID
SUIT, INCLUDING REASONABLE ATTORNEY'S FEES.
- 9 -
9. THIS NOTE SHALL BE BINDING UPON THE BORROWER AND ITS SUCCESSORS AND
ASSIGNS AND UPON THE COMMISSION AND ITS SUCCESSORS AND ASSIGNS.
10. THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF CALIFORNIA.
BORROWER
City of Redlands
"---2
BY (AUTHORIZED SIG ATURE
TITLE
DATE
Mayor
December 4, 2001
ATTEST:CL.
Cit Clerk
ENERGY EFFICIENCY COMMITTEE
SB 29X LOAN APPROVAL SHEET
Loan program element: LED Traffic Signal Lights - ECCA
Total project cost: $415,000
Start/Completion date: 2/1/02 — 05/01/02
Loan amount: $415,000 Peak demand saving: 266 kW $/kW: na
Contact person
applicant name
and address
Ronald C. Mutter
City of Redlands
35 Cahon Street
Redlands, CA 92373
Project type
and description
The City of Redlands
Signal Lights Element
ECCA funds. The
installing 2248 red,
pedestrian LED traffic
proposal and recommends
is
a loan from the LED Traffic
Load Reduction Program
to curtail 266kW by
balls and arrows, and
their City. Staff has reviewed the
possible approval.
seeking
of the Peak
Applicant is,proposing
green, amber
signals in
it for
Evaluation Committee's recommendation: (Passed/Failed)
Passed
Name
Phone #
Signature
Date
v
ID \ g-c‘ °
Originator
Merry Bronson
4-4104
14/-f """ -
iqZ1( la
Supervisor
Virginia Lew
4-3838
' gr- i ,✓
/6 / 0 1
Office Manager
Mike Sloss
4-4654
0 ,
CaAz1 Gf'
J')
Deputy Director
Scott Matthews
4-5013
Commissioner Pernell
{ } Approve { } Disapprove
Commissioner Rosenfeld
{ } Approve
{ } Disapprove
G?/
Date: " itz 9 U /
{ } Need more information
Date: /7?-- � f
{ } Need more information
RESOLUTION NO. 5942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE
APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR A LOAN TO IMPLEMENT
ENERGY EFFICIENCY MEASURES.
WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments,
special districts, and public care institutions to finance energy efficiency improvements;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Redlands authorizes the
submittal of an application for an energy efficiency loan from the California Energy Commission to
implement energy efficiency measures (LED traffic signal lamp conversion).
BE IT ALSO RESOLVED, that if recommended for funding by the California Energy Commission, the
City Council of the City of Redlands authorizes the acceptance of a loan up to $415,000, with the Mayor
authorized to sign the Loan Agreement and Promissory Note on behalf of the City of Redlands.
BE IT ALSO RESOLVED, that the amount of the loan will be paid in full, plus interest, under the terms
and conditions of the Loan Agreement and Promissory Note of the California Energy Commission.
BE IT FURTHER RESOLVED, that the Public Works Director of the City of Redlands is hereby
authorized and empowered to execute in the name of the City of Redlands all necessary documents to
implement and carry out the purpose of this resolution, and to undertake all actions necessary to undertake
and complete the energy efficiency projects.
ADOPTED, SIGNED AND APPROVED this 4th day of September, 2001.
Mayor, City of Redlands
ATTEST:
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was
adopted by the City Council at a regular meeting thereof on the 4th day of September, 2001, by the
following votes:
AYES: Councilmembers George, Freedman, Peppier, Haws; Mayor Gilbreath
NOES: None
ABSENT: None
- 12 -