HomeMy WebLinkAbout22C - SPEC - LIGHTING FIXTURES•
CITY COUNCIL MEETING DATE:
DECEMBER 6, 2016
TITLE
CONTRACT AWARD TO PACIFIC LIGHTING
MANAGEMENT INC. TO INSTALL ENERGY-
EFFICIENT LIGHTING FIXTURES AND
CONTROLS AND EXECUTE AGREEMENT
FOR ON -BILL FINANCING LOAN
(SPEC. NO. 16-112)
{STRATEGIC PLAN NO. 4, 3D AND 6, 2A}
CITY MAGAGER
RECOMMENDED ACTION
CLERK OF CITY COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on I" Reading
❑
Ordinance on 2"d Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize a one-time purchase and payment of purchase order to Pacific Lighting
Management Inc. to provide and install advanced energy-efficient lighting fixtures and
controls at the Newhope Library in an amount not to exceed $78,175 inclusive of a $6,348
contingency, subject to non -substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern
California Edison (SCE) to provide a $71,785 no -interest On -Bill Financing loan and $6,390 in
incentives to fund Spec. No. 16-112 subject to non -substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
As part of the City's ongoing efforts to identify potential cost-saving energy projects across City
facilities, the Finance Department Building Maintenance Division commissioned energy audits for
the City's library system (Main Library, Newhope Library, and McFadden Learning Center),
Corporate Yard, and Police Administration. The energy audits were completed at no cost to the
City by The Energy Network, a non-profit program funded by California utility ratepayers through
the California Public Utilities Commission.
Based on the energy audit findings, Building Maintenance staff applied for and secured approved
funding from SCE to retrofit City library buildings with advanced energy-efficient lighting fixtures
and controls. Funding applications for the Corporate Yard and Police Administration are currently
being reviewed by SCE.
22C-1
Contract Award to Install LED Lights and Light Controls
Agreement for On -Bill Financing Loan
December 6, 2016
Page 2
At this juncture, staff requests the City Council to approve the implementation of the Newhope
Library project as the second of three library retrofit projects. The first retrofit project is for the
Main Library which was approved by the City Council on October 4, 2016. The third retrofit
project is for the McFadden Learning Center which will be presented to the City Council for
approval in the near future.
The Newhope Library project consists of lighting fixtures (replace fluorescent lights with energy-
efficient light -emitting diode [LED] lights) and lighting controls (install occupancy sensors and
connect to lighting system and Building Management System). Project benefits include an
annual reduction of 39,403 kWh in energy usage, annual utility bill savings of $11,186 and annual
greenhouse gas reduction equivalent to taking 59 cars off the road as tabulated below.
PROJECT
Estimated
Estimated
Estimated
Annual
Estimated
Estimated
COMPONENTS
Annual kWh
Annual Utility Bill
CARS off'
SCE Cash
OBF
SAVINGS
SAVINGS
the Road
Incentives
Light Fixtures
34,079
$9,786
51
$5,949
$62,086
Light Controls
5,324
$1,400
8
$441
$9,699
Total
39,403
$11,186
59
$6,390
$71,785
Total project cost is $78,175 including a $6,348 contingency. Payback period is 10 years. As
tabulated above, project cost will be fully funded by SCE using cash incentives of $6,390 and a
zero interest On -Bill Financing (OBF) loan of $71,785 for a total of $78,175. An innovative
feature of the recommended actions is the City will have no upfront costs or interest charges as
Pacific Lighting Management Inc. will finance the entire cost of the project. SCE will then pay
Pacific Lighting Management Inc. directly with the cash incentives and OBF loan proceeds that
SCE has approved for the project.
As a result of the OBF loan, the Newhope Library's new electricity bill will be different as it will
have a lower Amount Due based on the energy reduction from the project, and a new separate
line -item to show the OBF loan repayment amount. This latter amount will reflect kWh saved
from the project multiplied by the relevant billing rate. Once the OBF loan is paid in full, SCE will
discontinue the OBF loan repayment line -item, and the reduced energy usage due to the project
should result in smaller bills. (Cash incentives are grants and not repaid.) Staff requests Council
approval of the foregoing project and funding process. SCE Notices of Approval for incentives
and OBF loan amount (Exhibits 1 and 2) and the loan agreement form (Exhibit 3) are attached.
The Notice soliciting bids was advertised on September 9, 2016 on the City's online bid
management and publication system. A summary of the bids received is as follows:
36 Vendors were notified
2 Santa Ana vendors notified
27 Vendors downloaded the solicitation
9 Bids received
1 Bid received from a Santa Ana vendor
22Ci-2
Contract Award to Install LED Lights and Light Controls
Agreement for On -Bill Financing Loan
December 6, 2016
Page 3
Bids were received on October 5, 2016 and were opened and evaluated (Exhibit 4). The bid
received from Pacific Lighting Management Inc., a Santa Ana vendor, is responsive to the
specifications and meets the City's requirements.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports City efforts to meet Strategic Plan Goal #4 — City Financial
Stability, Objective 3 (achieve a structurally balanced budget) Strategy D (explore innovative
revenue and cost recovery strategies) and Goal #6 Community Facilities & Infrastructure:
Objective 2 (address deferred maintenance on City buildings and equipment) Strategy A
(prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications,
and estimates repair costs to be programmed in the responsible agency's future budget).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are
exempt from further review. A Notice of Exemption will be filed for this project.
FISCAL IMPACT
Cash incentives and loan proceeds received through the SCE On -Bill Financing Program will be
deposited into the Finance and Management Services Agency (FMSA) SCE Programs and
Grants revenue account (16210002-57384) and appropriated into the FMSA SCE Building
Maintenance Projects account (16210100-62300). Funds for the loan repayments will be
included in the following fiscal years' budget in the Building Maintenance Utilities account
(07310100-62000).
Fiscal Year Amount Account
2016-17 (December — June) $45,602 16210100-62300
2017-18 (July— November) $32,573 16210100-62300
Loan Repayment
Fiscal Year Amount Account
2016-17 (December —June) $ 2,094 07310100-62000
2017-18 $ 5,683 07310100-62000
2018-19thru 2025-26 $ 57,424 07310100-62000
( $7,178 annually )
2026-27 $ 6,584 07310100-62000
22C-3
Contract Award to Install LED Lights and Light Controls
Agreement for On -Bill Financing Loan
December 6, 2016
Page 4
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez �b
Executive Director
Finance and Management Services Agency
W N/ds/sp
EXHIBITS: 1. SCE Notice of Approval - Incentives
2. SCE Notice of Approval - OBF Loan
3. OBF Loan Agreement — Sample Form
4. Abstract of Bid
22C-4
EXHIBIT 1
SOUTHERN CALIFORNIA
ri ED ISO
An FDISON INTFRN ITION:A Cumpnm.
May 20, 2016
Project Number: 353-16-0500834360
Project: Customized Solutions Approach
Authorized Agent Information:
Rebecca Hausheer
The Energy Coalition
47 Discovery, Suite 250
Irvine CA 92618
E-mail: Businesslncentives@sce.com I Fax: 626-633-3243
Customer Information:
John Aguilar
City of Santa Ana
20 Civic Center PI, M-11
Santa Ana CA 92701
Questions?: 800-736-4777
SEND ALL DOCUMENTS TO:
Business Incentives
Southern California Edison
P.O. Box 800
Rosemead, CA 91770-0800
RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL
Dear Rebecca Hausheer and John Aguilar:
Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for
the Customized Solutions Program ("Program"). Your Application for incentives for the Project(s)
described in your application has been reviewed and approved. Funds reserved are based on SCE
approved savings estimate set forth below; however, the actual incentive payments will be made based
on verified and actual savings' amounts:
SCE Final Approved Savings and Incentive
SOLUTIONS DESCRIPTION Code
Estimate
kWh kW
$ Incentive
Amount
LED Retrofit Kit for Lay -in Troffer Luminaire
LT -78496
13,413.0
1.41
$ 1,284.54
Interior LED fixture replacement (utilizing approved
luminaries)
LT -17492
4,340.0
0.45
$ 414.70
Exterior LED fixture replacements (utilizing approved
luminaries)
LT -85834
8,618.0
0.00
$ 689.44
HVAC Occupancy Sensor
AC -29952
2,052.1
0.00
$ 164.17
Total Approved Savings/Incentive Estimates
$ 2,552.85
Project Cost Adjustment
$ (3,837.12)
Total Estimated Incentive
$ 6,389.97
10% Measurement and Verification Adder (if applicable)
If you do not concur with the energy savings and incentive amounts shown above, you have 30 days
from the date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not
notify us of any concerns within 30 days of this letter, the savings/incentive estimates set forth above
will be deemed correct. If you agree with the estimates, you may proceed to purchase and install the
above solution code(s) at any time. This Project Approval incorporates by reference the Application,
including the Applicant Agreement regarding Program Terms and Conditions.
Checkout www.sce.comI To se6jzc_8fyfor the Comprehensive Bonus.
After your project is completely installed, operational, and meets all requirements of the Program, which is
described in detail in the Customized Statewide Procedures Manual for Business and at
www.sce.com/customized—solutions:
• Complete sign and submit the enclosed 2013-14 Customized Solutions Installation Report.
Submit final invoices and/or documentation to support project cost, clearly detailing all costs
associated with the project (equipment, labor, tax, etc.).
Submit complete engineering calculations to demonstrate energy savings and documentation, if
applicable (including archival diskette, CD, etc.).
Submit schematic drawings and/or manufacturer specification sheets, if applicable.
Operating Report, if measurement and verification is required.
Submit Pump Curve (if applicable)
NOTE: As a reminder, the deadline for the project to be completely installed and operational is one year from the date of this Project
Approval letter. Please submit the completed installation Report within 30 days atter installation and prior to the one year deadline.
Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you
will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as
applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require you
to submit other documents related to the Project, Project site, solutions, energy savings, or any other documents it
requires, in its sole discretion, to make a decision on your Application.
If you have any questions, please contact your SCE Account Representative. You may also call us at (800) 736-
4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to BusinessIncentives@sce.com.
Please have your project number available for reference when you call and include it in any e-mail
correspondence.
Business Incentives Team
Southern California Edison
Checkout www.sce.coml To se2if yCggify for the Comprehensive Bonus.
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220L9
Energy Management Solutions Incentives
Application for Business Customers
2013 - 2014 Customized Installation Report
DIRECTIONS: After your project is Installed and operational, Input the project installation commencement and completion dates in the Fields provided.
Review the information from your Application Approval Letter. If nothing has changed, and the Information in Sections 5 and 6 is correct, complete and
sign Section 7 on page 2 of this Installation Report (IR) Form and submit both pages to SCE at one of the addresses below. If any information In Section
Business Incentives
For overnight delivery: Fax: 626-633-3243
Southern California Edison
6010 N. Irwindale Ave. E-mail: Businesslncentives@sce.com
P.O. Box 800
Irwindale, CA 91702 Questions? Call 800-736-4777
Hosemead, CA 91/fU-060U
UPN #: 353-16-0500834360
SAM 001-3275-20 Project Name: New Hope Library
Customer Name: City of Santa Ana (John Aguilar) Customers Authorized Agent: The Energy Coalition
Installation Commencement Date:
Installation Completion Date:
SectionOriginal
Application)
Line # Solution Code
Solution Description Description of Existing Equipment
1 LT -78496
LED Retrofit Kit for Lay -in Troffer Luminaire
2 LT -17492
Interior LED fixture replacement (utilizing approved
3 LT -85834
u. Z
Exterior LED fixture replacements (utilizing approved
4 AC -29952
m =m
HVAC Occupancy Sensor
5
Note: If submitting more than 5 Solutions complete and attach the Customized Solution page from the Multiple SitelSoludon Worksheet at vrvw.sce.cumiselufons.
Section• •s
(From Original
Energy Savings
Total Project Cost
Calculated Baseline Baseline
Installed Energy Incentive
Energy
$93,548.97
Solution # Usage (kWh)
Usage (kWh) Savings (kWh) Rate ($IkWh)
Incentive ($)
1 25,695.0
12,282.0 13,413.0 $ 0.08
Calculated Energy Savings Totals
$ 1,073.04
2 9,708.0
5,368.0 4,340.0 $ 0.08
$ 347.20
28,423.1
3 12,144.0
3,526.0 8,618.0 $ 0.08
$ 689.44
$ 164.17
Calculated Savings Incentives
- mom Pv icanoe•een trrr r w
4 91,816.2
89,764.1 2,052.1 $ 0.08
5
1 6,389.97
6) On -Peak Demand
Reduction (From Original Application)
Section
On -Peak Demand Reduction
On -Peak Demand Reduction (kW)
Calculated
I Baseline
Installed On -Peak Peak Demand
1.86
Solution
On -Peak
On -Peak Demand Reduction
It from above
Demand (KW)
Demand (KW) Reduction (KW) Incentive ($)
1
2.69
1.28 1.41 $ 211.50
sA# 001-3275-20
2
1.01
0.56 0,45 $ 67.50
UPN # 353-16-0500834360
3
$
NOTE: For projects requiring M&V, attach any required baseline
or post -installation measurements and analysis, as specifed in
4
$
5
$ -
your approved M&V plan.
Section• -• Solutions
(if Different fromOriginal Application)
Line # Solution Code
Solution Description Description of Existing Equipment
1
2
3
4
5
Note: If submitting more than 5 Solutions complete and attach the Customized Solution page of the Multiple SitelSolution Worksheet at vivrw.sce.com/solutions.
220L9
22CA 0
Total Project Cost ($)
Enel§
Calculated baseline Installed nergy ncenhve Energy
Solution # Usage (kWh) Usage (kWh) Savings (kWh) Rate ($/kWh) Incentive ($)
1
Calculated Energy Savings Totals
y -
3
4
Calculated Savings Incentives
5
On -Peak Demand Reduction - On -Peak Demand Reduction (kW)
Calculated Baseline Installed On -Peak Peak Demand
Solution On -Peak On -Peak Demand Reduction
# from above Demand (KW) Demand (KW) Reduction (KW) Incentive ($)
1 SA# 001-3275-20
p UPN # 353-16-0500834360
3
4 NOTE: For projects requiring M&V, attach any required baseline
5 or post -installation measurements and analysis, as specified in
your approved M&V plan.
Section• / Operation Statement
appropriate boxes:
No changes to the proposed solutions have been made since the Project Application Review and Approval and the Authorized agent verifies
that the Application approved savings calculations are correct.
O Due to changes to the proposed measures, appropriate adjustments in the savings calculations have been made.
For measures with changes made during installation, use this section, and Sections 5 & 6 on page 2, to calculate the revised installed energy usage,
O energy savings, peak demand reduction, and incentives. Attach the appropriate calculation backup: the output from the Estimation Software,
Calculate Energy Savings Total or the calculation sheets that document the engineering calculations.
Attach the following supporting documentation with this Installation Report, or email it to the SCE RCx program manager:
Verification data as evidence of implementation.
Updated savings calculations, where applicable.
Copies of invoices for implementation, as proof of the Customers implementation costs.
RCx Training Completion Form, including the trainingagenda, training materials, list of attendees, and measure persistence strategies.
See the RCx Program Guidelines for more information on these items.
. be completed only •u are requesting an HVAC Rebate:
1. HVAC Permit (if required). If a permit is required for any HVAC installation/replacement, 1 have provided the permit number below. (If no permit
is required, leave this section blank.) Permit # Agency
2. Contractor Certification. If a contractor was used for any HVAC installation/replacement, this section must be completed by the contractor.
By checking this box, I certify I am a licensed contractor and have followed applicable permitting requirements and, if required, that the HVAC
permit information above is correct.
❑
Signature ot Contractor Name pease pnn a e
Signature1, the Customer or Authorized Agent below, cerlily that (i) the Energy Efficiency Solutions have been completely installed, functionally tested and proven capable of operating
and being maintained to perform in conformity with their design intent, and (ii) that a licensed contractor was used, where applicable, and all applicable permitting requirements
for this installation were followed. The installation date of operation of the Energy Efficiency Solutions and any required monitoring data collection per approved M&V plan, are
also certified.
Signature Naine (please print) Title Date
22CA 0
Customized Solutions Installation Report Instructions
Project #
Mail to:
Business Incentives
Southern California Edison
P.O. Box 800
Rosemead, CA 91770-0800
1. INDICATE PAYMENT INFORMATION
Please confirm address for the incentive payment.
Company:
Attention: (Name to be printed on check, use only if required)
Address:
City: State: Zip:
Print Name: Title:
Authorizing Signature: Date:
2. -4 UTILITY BILL CREDIT OPTION
You have the option to credit the incentive to your service account.
Incentive can only be applied to the service account/utility bill of host customer.
3. —> W9 ft CA590 FORMS
Please sign and return the W9 & CA590.
QUESTIONS? Please call (800) 736-4777 or e-mail Business Incentives@sce.com
SOUTHFR,AI CALIFORNIA
EDI SON'
-, ,.o 117FRIA RU19L• 1u,.l
P.O. Box 800
22C-11
Rosemead, CA 91770
Form
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Cat. No. 10231X
22C-12
Form W-8 (Rev. 12-2014)
Form W-9 (Rev. 12-2014) Page 2
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In the United States. Under U.S. law, this student will become a resident alien for
tax purposes If his or her stay In the United States exceeds 5 calendar years
However, paragraph 2 of the first Protocol to the U.S: China treaty (dated Ap.ril 30,
1984) allows the provisions of Article 20 to continue to apply even after the
Chinese student becomes a resident alien of the United States. A Chinese student
who qualifies for this exception (under paragraph 2. of the first protocol) and is
relying on this exception to claim an exemption from tax on his or her scholarship
or fellowship Income would attach to Form W-9 a statement that Includes the
Information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233,
Backup Withholding
What is backup withholding? Persons making certain payments to you must
under certain conditions withhold and pay to the IRS 28% of such payments. This
Is called "backup withholding." Payments that may be subject to backup
withholding Include Interest, tax-exempt Interest, dividends, broker and barter
exchange transactions, rents, royalties, nonemployee pay, payments made In
settlement of payment card and third party network transactions, and certain
payments from fishing boat operators. Real estate transactions are not subject to
backup withholding.
You will not be subject to backup withholding on payments you receive If you
give the requester your correct TIN, make the proper certifications, and report all
your taxable Interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II Instructions on page
3 for detalls),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did
not report all your interest and dividends on your tax return (for reportable Interest
and dividends only), or
5. You do not certify to the requester that you are not subject to backup
withholding under 4 above (for reportable interest and dividend accounts opened
after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the separate Instructions for the Requester of Form
W-9 for more Information,
Also see Special rules forpartnerships above.
What is FATCA reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign
financial institution to report all United States account holders that are speclfled
United States persons. Certain payees are exempt from FATCA reporting. See
Exemption from FATCA reporting code on page 3 and the Instructions for the
Requester of Form W-9 for more information.
Updating Your Information
You must provide updated Information to any person to whom you claimed to be
an exempt payee If you are no longer an exempt payee and anticipate receiving
reportable payments In the future from this person. For example, you may need to
provide updated information if you are a C corporation that elects to be an S
corporation, or If you no longer are tax exempt. In addition, you must furnish a new
Form W-9 If the name or TIN changes for the account; for example, if the grantor
of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are
subject to a penalty of $50 for each such failure unless your failure is due to
reasonable cause and not to willful neglect.
Civil penalty for false Information with respect to withholding. If you make a
false statement with no reasonable basis that results in no backup withholding,
you are subject to a $500 penalty.
Criminal penalty for falsifying Informatlon. Willfully falsifying certifications or
affirmations may subject you to criminal penaities including fines and/or
Imprisonment.
Misuse of TINs. If the requester discloses or uses TINS In violation of federal law,
the requester may be subject to civll and criminal penalties,
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The
name should match the name on your tax return.
If this Form W-9 is for a joint account, list first, and then circle, the name of the
person or entity whose number you entered in Part I of Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have
changed your last name without Informing the Social Security Administration (SSA)
of the name change, enter your first name, the last name as shown on your social
security card, and your new last name.
Note. ITIN applicant: Enter your individual name as It was entered on your Form
W-7 application, line 1a. This should also be the same as the name you entered on
the Form 1040/1040A/1040EZ you filed with your application,
b. Sole proprietor or single -member U.C. Enter your Individual name as
shown on your 1040104DEZ on line 1. You may enter your business, trade,
or "doing business as" (DBA) name on line 2.
c. Partnership, LLC that is not a single -member LLC, C Corporation, or S
Corporation. Enter the entity's name as shown on the entity's tax return on line 1
and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax
documents on line 1. This name should match the name shown on the charter or
other legal document creating the entity. You may enter any business, trade, or
DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that Is
disregarded as an entity separate from its owner is treated as a "disregarded
entity." See Regulations section 301.7701-2(c)(2)(111). Enter the owner's name on
line 1. The name of the entity entered on line 1 should never be a disregarded
entity. The name on line 1 should be the name shown on the income tax return on
which the income should be reported. For example, If a foreign LLC that is treated
as a disregarded entity for U.S. federal tax purposes has a single owner that Is a
U.S. person, the U.S. owner's name Is required to be provided on line 1. If the
direct owner of the entity Is also a disregarded entity, enter the first owner that Is
not disregarded for federal tax purposes. Enter the disregarded entity's name on
line 2, "Business name/disregarded entity name." If the owner of the disregarded
entity Is a foreign person, the owner must complete an appropriate Form W-8
instead of a Form W-9. This Is the case even if the foreign person has a U.S. TIN.
22C-13
Form W-9 (Rev. 12-2014)
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name,
you may enter it on line 2.
Line 3
Check the appropriate box in line 3 for the U.S. federal tax classification of the
person whose name is entered on line 1. Check only one box in line 3.
Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a
partnership for U.S. federal tax purposes, check the "Limited Liability Company"
box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to
be taxed as a corporation, check the "Limited Liability Company' box and in the
space provided enter "C" for C corporation or "S" for S corporation. If it is a
single -member LLC that is a disregarded entity, do not check the "Limited Liability
Company" box; instead check the first box in line 3 "Individual/sole proprietor or
single -member LLC."
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the
appropriate space in line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup
withholding.
• Except as provided below, corporations are exempt from backup withholding
for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments made in
settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to attorneys'
fees or gross proceeds paid to attorneys, and corporations that provide medical or
health care services are not exempt with respect to payments reportable on Form
1099-MISC.
The following codes identify payees that are exempt from backup withholding.
Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) if the account satisfies the requirements
of section 401 (1)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or possession, or
any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies, or
Instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United
States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures
Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment
Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section 4947
The following chart shows types of payments that may be exempt from backup
withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for...
THEN the payment is exempt for...
Interest and dividend payments
All exempt payees except
for 7
Broker transactions
Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.
Barter exchange transactions and
Exempt payees 1 through 4
patronage dividends
Payments over $600 required to be
Generally, exempt payees
reported and direct sales over $5,000'
1 through 52
Payments made in settlement of
Exempt payees 1 through 4
payment card or third party network
transactions
Page 3
z However, the following payments made to a corporation and reportable on Form
1099-MISC are not exempt from backup withholding: medical and health care
payments, attomeys' Fees, gross proceeds paid to an attorney reportable under
section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees
that are exempt from reporting under FATCA. These codes apply to persons
submitting this form for accounts maintained outside of the United States by
certain foreign financial institutions. Therefore, if you are only submitting this form
for an account you hold in the United States, you may leave this field blank.
Consult with the person requesting this form it you are uncertain if the financial
institution is subject to these requirements. A requester may Indicate that a code is
not required by providing you with a Form W-9 with "Not Applicable" (or any
similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual
retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or possession, or
any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or more
established securities markets, as described in Regulations section
1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a
corporation described in Regulations section 1.1472-1(0)(1)(1)
F—A dealer in securities, commodities, or derivative financial instruments
(including notional principal contracts, futures, forwards, and options)that is
registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity
registered at all times during the tax year under the Investment Company Act of
1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note. You may wish to consult with the financial institution requesting this form to
determine whether the FATCA code and/or exempt payee code should be
completed.
Line 5
Enter your address (number, street, and apartment or suite number). This is where
the requester of this Form W-9 will mail your information returns.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not
have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer
identification number (ITIN). Enter it in the social security number box. If you do not
have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an FIN, you may enter either your SSN
or EIN. However, the IRS prefers that you use your SSN.
If you are a single -member LLC that is disregarded as an entity separate from its
owner (see Limited Liability Company (LLC) on this page), enter the owner's SSN
(or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC
is classified as a corporation or partnership, enter the entity's EIN.
Note. See the chart on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply
for an SSN, get Form SS -5, Application for a Social Security Card, from your local
SSA office or get this form online at www.sse.gov. You may also get this form by
calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer
Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN online by
accessing the IRS website at wwwJrs.gov/businesses and clicking on Employer
Identification Number (EIN) under Starting a Business. You can get Forms W-7 and
SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM
(1-800-829-3676).
If you are asked to complete Farm W-9 but do not have a TIN, apply for a TIN
and write "Applied For" in the space for the TIN, sign and date the form, and give it
to the requester. For interest and dividend payments, and certain payments made
with respect to readily tradable instruments, generally you will have 60 days to get
a TIN and give it to the requester before you are subject to backup withholding on
payments. The 60 -day rule does not apply to other types of payments. You will be
subject to backup withholding on all such payments until you provide your TIN to
the requester.
Note. Entering "Applied For" means that you have already applied for a TIN or that
' See Form 1099-MISC, Miscellaneous Income, and its Instructions. you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the
appropriate Form W-8.
22C-14
Form W-9 (Rev. 12-2014)
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident allen,
sign Form W-9. You may be requested to sign by the withholding agent even if
Items 1, 4, or 5 below Indicate otherwise.
For a joint account, only the person whose TIN is shown In Part I should sign
(when required). In the case of a disregarded entity, the person identified on line 1
must sign. Exempt payees, see Exemptpayee code earlier.
Signature requirements, Complete the certification as indicated In items 1
through 6 below.
1. Interest, dividend, and barter exchange accounts opened before 1984
and broker accounts considered active during 1983. You must give your
correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after
1983 and broker accounts considered inactive during 1983. You must sign the
certification or backup withholding will apply. If you are subject to backup
withholding and you are merely providing your correct TIN to the requester, you
must cross out Item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out
item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign
the certification unless you have been notified that you have previously given an
Incorrect TIN. "Other payments' Include payments made in the course of the
requester's trade or business for rents, royalties, goods (other than bills for
merchandise), medical and health care services (Including payments to
corporations), payments to a nonemployee for services, payments made In
settlement of payment card and third party network transactions, payments to
certain fishing boat crew members and fishermen, and gross proceeds paid to
attorneys (Including payments to corporations),
5. Mortgage Interest paid by you, acquisition or abandonment of secured
property, cancellation of debt, qualifted tuition program payments (under
section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you
do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
The Individual
2. Two or more Individuals Joint
The actual owner of the account or,
account)
if combined funds, the first
individual on the account'
3, Custodian account of a minor
The minor'
(Uniform Gift to Minors Act)
4. a. The usual revocable savings
The grantor -trustee'
trust (grantor is also trustee)
b. So-called trust account that is
The actual owner'
not a legal or valid trust under
state law
5. Sole proprietorship or disregarded
The owner'
entity owned by an individual
e. Grantor trust filing under Optional
The grantor'
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(1)
(A))
For this Type of account:
Give name and EIN of:
7. Disregarded entity not owned by an
The owner
individual
8. A valid trust, estate, or pension trust
Legal entity'
9. Corporation or LLC electing
The corporation
corporate status on Form 8832 or
Form 2553
10. Association, club, religious,
The organization
charitable, educational, or other tax-
exempt organization
ti. Partnership or multi -member LLC
The partnership
12. A broker or registered nominee
The broker or nominee
13. Account with the Department of
The public entity
Agriculture In the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
14. Grantor trust filing under the Form
The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.6714(b)(2)(1)
(B))
List first and circle the name of the person whose number you furnish. If only one person on a
joint account has an SSN, that person's number must be morlshed.
Circle the minor's name and furnish the minor's SSN
s You must show your Individual name and you may also enter your business or DBA name on
the "Business nameldisregarded entity" name line. You may use either your 88N or El Of you
have one), but Ne IRS encourages you to use your SSN.
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the
personal representative or trustee unless the legal entity itself Is not designated In the account
tltie.) Also see Special ./as for pertnerehlps on page 2.
"Nate. Grantor also must provide a Form W-9 to trustee of trust.
Note. If no name is circled when mom than one name is listed, the number will be
considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your
name, SSN, or other Identifying Information, without your permission, to commit
fraud or other crimes. An identity thief may use your SSN to get ajob or may file a
tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer Is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by Identity theft and you receive a notice from
the IRS, respond right away to the name and phone number printed on the IRS
notice or letter.
If your tax records are not currently affected by identity theft but you think you
are at risk due to a lost or stolen puree or wallet, questionable credit card activity
or credit report, contact the IRS Identity Theft Hotline at 1-800-908.4490 or submit
Form 14039,
For more Information, see Publication 4535, Identity Theft Prevention and Victim
Assistance.
Victims of Identity theft who are experiencing economic harm or a system
problem, or are seeking help in resolving tax problems that have not been resolved
through normal channels, may be eligible for Taxpayer Advocate Service (TAS)
assistance. You can reach TAS by calling the TAS tall -free case Intake line at
1-877-777-4778 or TTY71'DD 1-800-829-4059.
Protect yourself from suspicious emalls or phishing schemes. Finishing is the
creation and use of email and websites designed to mimic legitimate business
smalls and websites. The most common act Is sending an email to a user falsely
claiming to be an established legitimate enterprise in an attempt to scam the user
Into surrendering private information that will be used for identity theft,
The IRS does not initiate contacts with taxpayers via smalls. Also, the IRS does
not request personal detailed information through email or ask taxpayers for the
PIN numbers, passwords, or similar secret access information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this
message to phlshing0irs.gov. You may also report misuse of the IRS name, logo,
or other IRS property to the Treasury Inspector General for Tax Administration
(TIGTA) at 1.800-366-4484. You can forward suspicious emalls to the Federal
Trade Commission at: spam@uce.gov, or contact them at www.itc.gov/ldtheft or
1-877-IDTHEFT (1 -877-438-4338).
Visit IRS.gov to learn more about Identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct
TIN to persons (including federal agencies) who are required to file Information
returns with the IRS to report interest, dividends, or certain other income paid to
you; mortgage interest you paid; the acquisition or abandonment of secured
property; the cancellation of debt; or contributions you made to an IRA, Archer
MSA, or HSA. The person collecting this form uses the Information on the farm to
file information returns with the IRS, reporting the above information. Routine uses
of this information Include giving it to the Department of Justice for civil and
criminal litigation and to cities, states, the District of Columbia, and U.S.
commonwealths and possessions for use in administering their laws, The
information also may be disclosed to other countries under a treaty, to federal and
state agencies to enforce civil and criminal laws, or to federal law enforcement and
Intelligence agencies to combat temorism. You must provide your TIN whether or
not you are required to fila a tax return. Under section 3406, payers must generally
withhold a percentage of taxable Interest, dividend, and certain other payments to
a payee who does not give a TIN to the payer. Certain penalties may also apply for
providing false or fraudulent information,
'
22C-15
22C-16
WTI SOUTHERN CAtlfORNIA
LJ EDISON`
An F17M)% MURh'A POO 41 - Ccnpanr
April 28, 2016
Customer Information:
John Aguilar
City of Santa Ana
20 Civic Center PI. M-11
Santa Ana, CA 92701
EXHIBIT 2
Southern California Edison, Business Incentives
P.O. Box 800, Rosemead, CA 91770.0800
E-mail: Businesslncentives@sce.com I Fax: 626.633-3243
Authorized Agent Information:
Rebecca Hausheer
The Energy Coalition
47 Discovery Ste 250
Irvine, CA 92618
Questions? 800-736-4777
RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION
PROJECT NUMBER: 353-16-0500834360 SAM 3-001-3275-20
Dear John Aguilar and Rebecca Hausheer:
Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing
Loan has been reserved.
At this point the estimated OBF Loan funding reservation for your project of $71,785.20 has been established.
Terms and Conditions of Loan Reservation:
1. The reserved amount has been calculated based on the results of the review and approval of your Energy
Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term
Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an
estimate of what the actual loan amount may be.
1a. An OBF Loan Term Calculation [LTC] is attached.
2. The actual loan amount will be calculated based on the results of the review and approval of your Energy
Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan
Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved
amount presented above.
2a. The actual amount of the OBF loan may be less than the reserved amount presented above.
2b. The actual amount of the OBF loan shall not exceed the reserved amount presented above.
3. The expiration of the loan reservation shall be consistent with that of the project incentive.
Next Steos:
• You submit the completed Installation Report [IR] to SCE, and SCE will review it.
• SCE will calculate the actual final loan amount, based on the results of the IR approval, and the LTC
provisions.
• SCE will issue 2 copies of the OBF Loan Agreement to you.
• You will sign, and have notarized, the Agreements and return to SCE.
• SCE will counter -sign the Agreements.
• SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan
proceeds.
22C-17
Southern California Edison, Business Incentives
11 5OUt11M (AlJI[011 t* P.O. Box 800, Rosemead, CA 91770-0800
ED I S O N* E-mail: Businesslncentives@sce.com I Fax: 626-633-3243
Questions? 800-736-4777
If you have any questions, please contact your SCE Account Representative. You may also call us at (800)
736-4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to IDSMOuestions@sce.com.
Please have your Project Number available for reference when you call, or include it in your e-mail.
Sincerely,
Cedric Benton
Program Manager - On Bill Financing
Southern California Edison Company
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin,
sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public
assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers
compliance with this law conceming SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580.
22C-18
On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1)
Completion DatefTime: 4/28/201612:54 PM
Project Number:
353-16-0500834360
Service Account:
3-001-3275-20
Customer Number:
1-0-000-7130
Customer Account
Number: 2-22-264-5319
OBF Application Receipt Date: 2/29/2016
Project Type(s) :
Customized
Market Segment:
Government and Institutions
Business Name:
SANTA ANA, CITY OF
Reference Name:
NEWHOPE LIBRARY
Address:
122 N NEWHOPE ST
City, CA IJp:
SANTA ANA, CA 92703
PROJECT ECONOMIC SUMMARY
ACTUAL TERMS WILL BE CALCULATED
BASED ON FINAL REVIEW AND VERIFICATION
OF THE PROJECT INSTALLATION REPORT
LTC1 Reserved Amount is $71,785.28
First month payment is $598.21
119 subsequent monthly payments $588.21
EXPLANATION
A- AVERAGE ELECTRIC BILLING RATE — past 12 months (Cents/kWh)
$ 0.25256
Based on Billing History
Exception Analysis Loan Minimum Requirement Test
E.1.1. Market Segment Minimum Loan Amount
B. ENERGY EFFICIENCY PROJECT SAVINGS
5.000
Minimum Loan Amount per Service Account or Bundle
B.1. Estimated Annual Kilowatt Hour Savings (kWh)
28,423.1
From Approved Pmject Application
B.2. Estimated Annual Dollar($) Savings
$ 7,178.54
Estimated Annual kWh Savings x Average Rate = $ savings (B.1 x A)
B.3. Estimated Monthly Dollar($) Savings
$ 598.21
Estimated Monthly $ Savings (B.2 /12)
C. COSTS
C.1. Estimated Total Project Cost $ 93,548.97
C.2. Excess Pmject Cost $ -
C.3. Estimated Total Rebate/Incentive $ 6,389.97
CA. Other $
C.5. Estimated Potential Loan Amount (Gross Amount) $ 87,159.00
C.6. LTC1 Reserved Amount
C.7. LTC2 Reserved Amount
D. LOAN
D.2. Monthly Loan Repayment Amount
D.3. Actual loan term (Months)
DA, Actual loan tens (Years) 12.2
E. LOAN LIMIT TESTS
From Approved Project Application
Based on 20% Basic Lighting Cap Rule
From Approved Project Application
(C.1) -(C.2) -(C.3) -(CA)
From LTC1 calculation following Approved Project Application
LTC2 Loan Amount per policy cannot be greater than LTC1 amount
Lesser of (C.5) or (C.6) or (E.1.2) or (E.2.3) or other rules appy
(B.3)
Time required to repay loan in months (Subject to
exception analysis below)
Time required to repay loan in years: (10.3) /12
E.I. Market Segment Amount of Loan Test (Min/Max Loan Amount)
Exception Analysis Loan Minimum Requirement Test
E.1.1. Market Segment Minimum Loan Amount
$
5.000
Minimum Loan Amount per Service Account or Bundle
E.1.2. Market Segment Maximum Loan Amount
$
250,000
Com, Ind, Ag = $100.000, G&I = $250,000
E.1.3. Within Market Segment Limit?
$
Y
Is D.1 within loan amount limits Y/N?
E.2. Customer Loan Limit Test (Previous Loans for this Service Account)
$
598.21
Based on minimum loan requirement of $5K and supplemental
E.2.1. Service Account Loan Amount Limit
$
250,000
(E.1.2) or $1M for G&I Facility
E.2.2. Previous Loans Reserved for this Service Account
$
71,785.20
Total of previous OBF loans + reservations
E.2.3. Estimated Amount Eligible for Loans
$
250,000.00
(E.2.1) - (E.2.2), If <0, then 0.
E.2.4. Within Available Amount?
Y
Is D.l. < E.2.3. YM?
E.3. Length of Loan Test
E.3.1. Loan Length Limit (months)
E.3.2. Within Loan Length Limit?
120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months
N Is D.3 within limit Y/N?
EA. Expected Useful Life (EUL)* Loan Length Limit Test
EA.1. Applicable Measure EUL (months) 120 EUL in months of measure with greatest kWh contribution
E.4.2. Within EUL Loan Length Limit? Y Is D.3 within limit Y/N?
E.S. EXCEPTION ANALYSIS (If any EA thru EA. yields a "No")
Exception Analysis Loan Minimum Requirement Test
Does the loan amount from Exception Analysis meet the $5K loan
minimum requirement? YES
E.5.1. First Payment Amount
$
598.21
E.5.2. Subsequent Monthly Loan Repayment Amount
$
598.21
Based on minimum loan requirement of $5K and supplemental
E.5.3. Subsequent Monthly Payments
119
Exception Analysis, this amount qualifies for an estimated OBF
E.5.4. Net Amount for Financing
$
71,785.20
loan.
E .1"Uaz(ulLHe(EM)Each meeauresegacleE tcgRorm seralaGORlytaraperoC orllma. An EULlar
eacheneyyeXcencymeawmkowyneRbyllre Celdomh Enmgy Cammi bn(CEC).
LTC ID: 10302
22C-19
22C-20
EXHIBIT 3
On -541 Financing Agreement
This On -Bill FlnanofnI Agresonant ("CBF Agreament°) is entered Into an
20 (the "Effsativs Date") by and between the undersigned oustomer ("Customs(') an
Sout tern California Edison Company ("SCE") (each a "Party," collectively the "Psrties").
Recitals
1. Customer and SCE on(ered Into the Energy Management Solutions Incentives Application for
Business Customers on or about 20 _ and If appplicable, the Customized Solutions
Agreement (Individually or eolleotive yy re erred to as "EMS Agresmsnt"), which islare attached
hereto and Incorporated herein by referenos,
2. Customer owns, Wass or rents the propperiy listed In the EMS Agreement as the Site and
maintains a service accounts with 5CE for olsotrlo service, Customer has completed
installation of eligible energgy ePIclent equipment ("Equipment") at the Site as set forth In the
EMS Agreemerif and has dccopted the equipment as being operational and in good working
order,
3, In Oooislon 09.09.047, the California Public Utilities Commission authorized SCE to provide
zero -percent Interest financing for the installation of certain energy efficient equippment, which
Is to be re old over a specified period through the Customer's sloaldo utllity bills) (30n"8111
Financing"F,
4, Customer desires to enter into this CBF Agreement In order to pertioippate In SCE's On•Bllf
Financing pro_F1ram and Customer agrees to repay SCE the Amount Fttancad (as defined
under "Loan ?'arms", below) through the Customer SCE utility bill(s) pursuant to the terms
and condkions of this OBF Agreement.
NOMI, THEREFORE, In consideration of the mutual promises and Covenants contained herein, the
Parties agree as follows:
Terms and Conditions
Defined Terms: Excep�t as the context otherwise requires, oapitallzod terms used In this OBF
Agreement without dofinition shall have the same meanings as aro set forth In the EMS
Agreement.
Amount Financed: Within thirty (30) days after the Effactive Dalai SCE will provide a payment for
the Amount Financed to Customer or to a thirdaporty payes designated by Customer under the
Loan Terms, below, Customer's designation of a third: party payee may not be changed or
revoked,
Loan Terms:
mount Financed (rAmWE—
Financed" '
0
nterast ate,
e
ont s to Pay.
"Fuel-WaFPaymenf
smWming Monthly symentw
ary Ce nccun o ba i led;
Designated t r a ayes i
an :
Address o as gnats hir
Part Puss:
It more than one Service Account will be billed, information regarding the Service Account j
number and monthly payment is Included In Schedule A attached.
Form 14-792 1
0512012
I
22C-21
Promise to Pay: Customer promises fo pay SCE the Amount Financed In equal monthly
Installments as sot forth In the section above and/or Schedule A (Customer's "Loan Obligation").
The that Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from
the Effective pate on Customer's SCE utility bill(s) for the Service Account(s) listed above,
Manner of payment! Customer's Monthly Payment amount will appear as a line item labeled
"WOBF Installment Charge" on the monthly SCE utility bilf(s) for Customer's Service Account($),
Customer may pay the Loan Obligation in the monthly installments or pro -pay the Loan
Obligation in one Jump sum without penalty, but pro•poyments for leas than the remaining
balanoo will not be allowed, Custemor's Loan Obligation will appear on Customer's monthly
SCE utility bill(s) far the number of months set forth above, or until the Loan Obllgatlon Is paid In
full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the
SCE utility blll($).
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 partlal
payments will ba applied In equal proportion to the energy char as and the Loan Obligation,, and
Customer will be considered to be delinquent and in default of both the energy bill and the Loan
Cbligatlon.
Late Payments: No lata 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 fs Incorporated herein by reference.
Returned payments; SCC may require ppayment of a $10.00 Returned Check Charge for any
check returned from Customer's Inanclal Institution unpaid. The Returned Check Charge will also
apply to any forms of payment that are subsequently dishonored,
Ulseontlnuanoa of Service; Amounts due under this 08F Agreement will be amounts deemed
due under each SCE utility bill to the Customer's Service Aocount(s), and a default under this OBF
Agroemont will be treated as a default under the Customer's Service Account(s), Customer's Loan
Obligation Is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and
Restoration of Service, Section B, Nonpayment of Bills or Summary Sills which is Incorporated
heroin by reference.
Breach and Aoceleratlon: Any breach by Customer under the EMS Agreement or this OBF
Agreement shall constitute a breach under all of the above referenced agreements, For purposes
heroin, SCE may determine the OBF Agreement to be breached and Customer to be In default If
Customer (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the
Equipment, (2) falls to pay the Monthly Payment amount when duo, (3) oloses, discontinues or
otherwise causes the termination of the Service Account($), or (4) otherwise breaches this CBF
Agreement and/or the EMS Agreement, and the breach Is not cured as specified therein.
Notwithatanding anything to the contrary in the EMS Agreement, a breach and default as sot forth
in this section shall not be subject to any additional cure period, Following a breach me 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 9 UCC -1 ("Financing Statement') against the Equipment to secure Customor's obligation to
repay the Amount Financed. Customer agrees to execute any and all documents In connootion
with the Financing Statement In order for SCE to perfect its security interact 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,
Form 14.792 2
05!2012
22C-22
Confession of Judgment: Customer Irrevocably authorizes and empowers SCE and SCE'e
attorneys, upon breach and default by Customer as described in the preceding seothon, to appear
in any state or federal court In Loa Angeles County, Callfornls, as Customer's attomey-In-fact and
confess judgment against Customer by antry of a confession of jutlyi ment pursuant to Code of Civil
Procedure § 1132 at seq„ or by any other appropriate means, for the full amount due plus ail
costs of collaction, including without limitation court costs and reasonable attorneys' fees, No
single exerclas 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 ODF Agreement have been paid In full.
Modification: Any change to this 061' 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 or the Loan
Obligation, payment arrsngaments may be made at SCC's sole disoretion without modifying this
OSF Agreement in wrlting, Any written modification or amendment will not be effective unless and
until signed by SCE or such condition is walved by SCE In Its sola and absolute decretlon..
Term and Termination; It Is tine Parties Intent that the term of this O65 Agreement and the EMS
Agreement run concurrently, Therefore, the 065 Agreement shall continua in effect uri the Loan
Obligation Is paid in full.
Assignment; Notwithstanding anything to the contrary in this 065 Agreemort, 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 COF
Agreement on behalf of Customer, and to perform their obligations under this CBF Agreement,
Customer further represents and warrants that if It Is a legal entity, It is in good standing in its state
of farmation.
Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions,
covenants, representations, warranll'es, agreements and conditions of the EMS Agreement shall
romain unchanged and In full force and effect. Should a conflict exist between this OBF
Agraenlent, 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 any
one or more of the provisions contained In this OBF Agreement shall for an yy reason be held to be
Invalid, Illegal or unenforceable In any respect, then this 06F Agreement shall be construed as If
such invalid, illegal or unenforceable term or provision hed never been contained herein and all
other provisions of this CBF Agreement shall be construed to remain fully valid, enforceable and
binding an the parties, The Recitals set forth above are hereby Incorporated herein by reference,
[Remainder of page intentionally left blank]
Form 14792
0512012
22C-23
14 Y`i!T4E33 t iY ERE DF the Parties ha ie e:(ecuted this 03= Agreement is)( the Effective
Date
Customer:
Authorized Rapresentalive
I me:
Signature:
Date:
Business Address
Telephone No.
Fax No.
E -Mail Address:
RECOMMENDED FOR APPROVAL
Francisco Gutierrez, Exec. DIr.
APPROVED AS TO FORM:
J HN6 M. FUNK
Assistant City Attorney
Form 14-914
04/2016 22C-24
Southern California Edison Company:
Authorized Representative
Title:
Signature
Date:
Business Address:
Telephone No.
Fax No.
E -Mail Address:
ATTEST
Maria D. Huizar, Clerk of Council
SCHEDULE A
Customer Name;
OBF Lain Number;
Site Service
Account
Number
%P 81 iing
Repayment
Service Account
Number
1 Monthly
OBF Loan
Payment
Rematnfng Monthly
OBF Loan Payments
X -XXX-
XXXX•XX
X•XXX•XX.'(X-XX
$XX;XX
$XXX.XXper mong7 Por mon#rs
Total Monthly Repayment
$XX.XX
$XXX.XX per month
for X months
Form 14-792 5
05/2012
22C-25
22C-26
ABSTRACT OF BIDS
ENERGY-EFFICIENT LIGHTING RETROFIT (16-11
ALBD Electric & Foddrill Construction
Bidder Cable Corporation
Location Anaheim Chino
Total $86,405.00 $98,151.39
Gerhard Electric
Laguna Hills
$85,405.68
Hydro Scientific
Bidder West Inter -Pacific, Inc. JF Electric
Location Escondido Tustin Hesperia
Total $137,643.38 $100,076.48 $110,980.00
Pacific Lighting
Bidder L. A. Electricom Mgmt. Inc.
Location Chatsworth Santa Ana
Total $97,200.00 $71,826.68
Santa Ana Vendor
Preference $ 718.27-
$71,108.41
EXHIBIT 4
22Ci-27
S&S Son's Electrical
Contractors Corp.
Hesperia
$82,431.44
22C-28