HomeMy WebLinkAbout2016-06-13 16-248 RESOLVECOUNCIL ACTION
Item No. 16 _248
Date: June 13, 2016
Item/Subject: Resolve, Ratifying the Finance Director's Execution of a Memorandum of
Understanding with Efficiency Maine for the Bangor Energy Efficiency Initiative
Responsible Department: Finance
Commentary: This resolve will ratify the Finance Director's execution of a memorandum of
understanding with Efficiency Maine in support and administration of the City of Bangor's recently
adopted Bangor Energy Efficiency Initiative, which will provide rebates to residential homeowners.
During this past year, Councilors worked to expand opportunities to for homeowners to invest in
energy efficient measures. The overall objective being to increase participation in homeowner
energy efficiency, thereby 1) helping Bangor residents lower their winter heating bills; 2)
modernizing Bangor's old housing stock thus making Bangor a more attractive place to live; 3)
decreasing Bangor's carbon footprint in the face of global warming.
In March, the Finance Committee reviewed the program to create an incentive to save
homeowners money and modernize our housing stock, by piggyback onto existing programs
offered through Efficiency Maine. This would lower administrative costs and allow for Bangor
homeowners to receive even greater incentives for energy efficiency programs and provide access
to unsecured loans.
In April, the City Council appropriated $140,000 to fund a program to be administered by Efficiency
Maine. Ratification of the Memorandum of Understanding will finalize that action in time for an
early summer rollout of the program. Staff recommends approval.
Department Head
Manager's Comments: CC al nn Lmja� �
City Manager
Associated Information: Memorandum of Understanding
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Fi nce Director
icitor
Page 1 of —1—
Assigned to Councilor Plourde
CITY OF BANGOR
16-248
JUNE 13, 2016
(TITLE.) RESOLVE, Ratifying the Finance Directors Execution of a Memorandum of
Understanding with Efficiency Maine for the Bangor Energy Efficiency Initiative
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Ratifies the Finance Director's execution of a memorandum of understanding with Efficiency
Maine in support and administration of the City of Bangor's recently adopted Bangor Energy
Efficiency Initiative, which will provide rebates to residential homeowners.
IN CITY COUNCIL
JUNE 13, 2016
PASSED
CITY CLffRK
16-248
JUNE 13, 2016
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the "MOU"), effective as of , 2016 (the
"Effective Date"), is entered into between Efficiency Maine Trust, an independent quasi -state
agency of the State of Maine (the "Trust"), and the City of Bangor, a municipal corporation
organized and existing under the laws of the State of Maine (the "C"), for the purpose of
setting forth the parties' mutual understanding regarding administration and payment of
certain energy efficiency rebates for the benefit of City residents.
WHEREAS, the City would like to improve the efficiency of City housing stock and assist
residents in lowering energy costs;
WHEREAS, the Trust administers programs in Maine that deliver cost-effective solutions
to help Maine consumers use energy more efficiently, lower energy costs and reduce air
emissions;
WHEREAS, on April 11, 2016, the City allocated up to $140,000 in City funds (the "Grant
Funds") to be used to increase participation by City residents in the Trust's Home Energy
Savings Program ("RESP"); and
WHEREAS, the Trust has agreed to accept and administer the Grant Funds from the City
on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Grant Funds. The Trust will advance Grant Funds to provide rebates to City
residents of certain amounts not covered by HESP rebates, and the City will reimburse the Trust
for such advances, subject to the terms and conditions set forth herein.
2. Eligibility. In order to be eligible to receive City Grant Funds: (a) the project must
be located in the City and eligible for a HESP rebate from the Trust, (b) the project owner must
be a City resident, and (c) the subject property must be a dwelling that serves as a principal
place of residence. Notwithstanding anything herein to the contrary, HESP eligibility, program
and measure design, and incentives shall be determined by the Trust consistent with Trust's
Program Manuals in effect at the time, in its sole discretion. Under no circumstances shall the
Trust be obligated to advance Grant Funds, offer any rebate, or otherwise incentivize any
measure or project if the Trust determines that such measure or project is not cost-effective,
constitutes a clear case of free -ridership, or is otherwise not consistent with the Trust's HESP,
enabling act, triennial plan, or program manuals, as all of the same may be amended from time
to time.
3. Advancement of Funds and Invoice Procedure. In consultation with the Trust,
the City shall develop a rebate reservation form, which form must provide the amount and
eligibility criteria of qualifying rebates. The City will provide rebate reservation forms to
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qualifying City residents. The Trust will advance Grant Funds directly to City residents upon a
resident's submission to the Trust of a properly completed, City -approved rebate reservation
form, along with a HESP claim form. The Trust shall invoice the City on a monthly basis for
amounts actually advanced to City residents during the prior month. The City shall pay in full
each invoiced amount within 30 days after receipt of the Trust's invoice. Once the Trust's total
advances of Grant Funds reach $140,000, the Trust shall be under no further obligation to
advance funds and this MOU shall automatically terminate pursuant to Section 7.
4. Late Payments. Except with respect to invoices reasonably in dispute, all late
payments shall bear a late payment fee of 1.5% per month, calculated daily and compounded
monthly. The City shall also reimburse the Trust for all costs incurred in collecting any late
payments, including, without limitation, reasonable expenses and attorneys' fees.
5. Reporting. Until such time as the Grant Funds have been advanced in full, the
Trust shall submit monthly activity reports to the City that provide an accounting of the amount
of Grant Funds advanced in the prior month and show how such funds have been used and the
total amount advanced as of the report date.
6. Independent Program Administration. Except as otherwise provided in this
MOU, the Trust shall process all rebates, provide customer service and otherwise administer
the Grant Funds advanced pursuant to this MOU in its discretion. Nothing in this MOU shall be
construed to require the Trust to engage in any advisory or decision-making processes with the
City or any marketing or public outreach campaigns for or on behalf of the City. Except with
respect to the reports required under Section 5, the Trust will not be required to consult with or
report to the City or any other entity, organization or person with respect to administration or
advancement of the Grant Funds. The Trust shall be solely responsible for determining
marketing strategies, measure types and all programs and incentives offered under its HESP.
The Trust may discontinue or amend any measure, program, incentive or other aspect of any
offer provided pursuant to this MOU at any time.
7. Termination. This MOU shall commence on the Effective Date and terminate
upon advancement in full of the Grant Funds, provided, however, that either party may
terminate this MOU at any time by providing written notice to the other party, and provided,
further, that the term of this MOU may be extended at any time prior to the Trust's
advancement in full of the Grant Funds by replenishment of the Grant Funds in an amount
mutually agreed in writing by the parties. Notwithstanding any termination of this MOU, the
payment obligations of the City set forth herein with respect to the portion of the Grant Funds
advanced by the Trust prior to such termination shall remain in full force and effect.
8. Miscellaneous.
a. This MOU contains the entire agreement of the parties relating to the subject matter
hereof, and neither party shall be bound by any statement or representation not
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JUNE 13, 2016
contained herein or in a written amendment signed by the parties. This MOU may only
be amended or modified by an instrument in writing duly executed by the parties.
b. The invalidity of one or more phrases, sentences, clauses, articles, or sections contained
in this MOU shall not affect the validity of the remaining portions thereof so long as the
material purposes of this MOU can be determined and effectuated.
c. This MOU shall be governed and construed in accordance with the laws of the State of
Maine, exclusive of conflicts of laws provisions.
d. This MOU may be executed in counterparts, each of which shall be deemed to be an
original, and all of which together shall be deemed to be one and the same instrument.
Facsimile or PDF transmission of any signed original document, and retransmission of
any facsimile or PDF transmission, will be the same as delivery of any original document.
At the request of either party, the other party will confirm facsimile or PDF signatures by
providing an original signed document.
e. No delay or omission in the exercise of any right under this MOU shall impair any such
right or shall be construed or considered as a waiver or relinquishment thereof, but any
such right may be exercised from time to time and as often as may be deemed
expedient. In the event that any provision hereof shall be breached and thereafter
waived, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other breach hereof.
None of the provisions of this MOU is intended to create nor will be construed to create
an agency, partnership or employment relationship between the parties.
g. All marketing and other materials bearing the Trust's name and/or logo to be used by
the City in connection with the Grant Funds, rebate reservation form, or this MOU shall
be submitted for review and approval by the Trust before public distribution.
9. Notices. Notices and other communications with respect to this MOU, including
delivery of monthly reports, will be sent to the following addresses:
If to the City:
If to the Trust:
Dana Fischer, Residential Program Manager
168 Capitol Street, Suite 1
Augusta, ME 04330-6856
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IN WITNESS WHEREOF, the parties have caused this MOU to be signed by their
respective duly authorized representatives.
CITY OF BANGOR
By:
Name:
Title:
EFFICIENCY MAINE TRUST
By:
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Michael D. Stoddard
Executive Director