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01-0501_CALIF ENERGEY COMMISSION_Reso No. 01-5-1-4RESOLUTION NO. 01-5-1-4 AUTHORIZING AN APPLICATION FOR CALIFORNIA ENERGY COMMISSION FINANCING TO CONVERT TRAFFIC SIGNAL INDICATIONS FROM INCANDESCENT TO LIGHT EMITTING DIODE (LED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AN APPLICATION FOR CALIFORNIA ENERGY COMMISSION FINANCING TO CONVERT TRAFFIC SIGNAL INDICATIONS FROM INCANDESCENT TO LIGHT EMITTING DIODE (LED) 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, by the City Council of the City of San Juan Capistrano authorizes the City of San Juan Capistrano to apply for an energy efficiency loan from the California Energy Commission to implement energy efficiency measures. BE IT ALSO RESOLVED, that if recommended for funding by the California Energy Commission, the City Council of the City of San Juan Capistrano authorizes the City of San Juan Capistrano to accept a loan up to $ 76,152.71. 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 City Manager of the City of San Juan Capistrano is hereby authorized and empowered to execute in the name of the City of San Juan Capistrano, 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. ATTEST: RK PASSED, APPROVED, AND ADOPTED this 11' day of May 2001. WYAYT HART, MA'YOR' - 13 - 0 0 Special Conditions for ECAA Loans Resolution 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. 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 (TACI). 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 TACI 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 Special Conditions Page 1 amount will be the date that the Energy Commission receives all the items listed in item 2.13. 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 formula 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 the 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. 2) 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. Special Conditions Page 2 0 4) Projects already receiving utility or other incentives that total 50 percent or more of the project cost. 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% 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 2.6. D. Technical 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 Projects', 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 TACI amount will be equal to the applicable EPCI or 50 percent of the audit/study cost, whichever is less. ' Can be downloaded at http://www.eneray.ca.aov/reports/2000-03-20 400-00-002.PDF or call 916-654- 4008 Special Conditions Page 3 9 • 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 expenses. 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. 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. 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. I. Permit the Commission to publicize without restriction the results of the project in a variety of formats and media. Special Conditions Page 4