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HomeMy WebLinkAbout03-21-2012 Regular MeetingCommittee: Date & Time: Place: Subject: Public Meeting Notice Fairhope Financial Advisory Committee Subcommittee for Energy Savings Wednesday, March 21, 2012 at 8:30 a.m. Delchamps Room 161 North Section Street See Attached Agenda Notice must be stamped, dated and initialed before posted on bulletin board. POSTED 3 -J:;, -/q), /il}n1 DgL ~dJre-SIGNATURE .. City of Fairhope Financial Advis ory Committee Subcommittee For Energy Savings Agenda -Wednes day, March 21, 2012 8:30 a.m. in the Delchamps Room City Hall -161 N. Section St., Fairhope, AL 1. Di sc u ss ion of Alabama Gu arant ee d E nergy Sav in gs Leg islati on , and the p ote nti a l appli cation a t Fairh ope fo r up gra din g ene rgy-re la ted infr as tructure . (See a dde n du m for relevan t sec ti o ns of th e A labama Co de.) Schedule Of Future Meetings • To be det ermined ADDENDUM .•.•........................•..............................••.••••..••••. Alabama Code -Section 41-16-140: SHORT TITLE This article shall be known as the "Guaranteed Energy Cost Savings Act." Alabama Code -Section 41-16-141: DEFINITIONS For purposes of this article, the fo ll owing terms shall have the following meanings: (1) ENERGY COST SAVINGS MEASURE. A training program or new facility or existing facility a lteration designed to reduce energy consumption or operating costs, or water and other n atural resources consumption, and may include one or more of the follow in g: a. Insulation and reduced air infiltration of the building structure including walls, ceilings, and roofs or systems within the building. b. Storm windows or doors, caulk ing or weather-stripping, multiglazed windows or doors, heat a b sorbing or heat reflective g lazed and coated window or door systems, additio nal g lazin g , reductions in g lass area, or other window and door system modifications that reduce energy consumption. c. Automated or computerized energy contro l systems, includ ing computer software and technical data licenses. d. Heating, venti lating, or air conditioning system modifications or replacements. e. Rep lacement or modification of li ghting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lightin g system after the proposed modifications are made. f. Indoor air quality improvements . g. Energy recovery systems . h. Electric systems improvements. i. Life safety measures that provide long-term operating cost reductions. j. Building operation programs that reduce operating costs. k. Other energy -conservation-rel a ted improvement s or equipment , including improvements or equipment related to renewable energy. I. Wat er and other n atura l resources conservation. (2) GOVERNMENTAL UNIT. A state g overnment agency, department, institution, co llege , university , t ec hnica l sc hool , le gislative body, or other estab li shment or official of the Execut ive, Judici a l, or Legis lative Branches of the state authorized b y law to enter into contracts, including all local politica l subdivisions such as counties , municipalitie s , or public sc hool di s tri cts . (3) GUARANTEED ENERGY COST SAVINGS CONTRACT. A contract for the implementat ion of one or more energy cos t savings measures. (4) OPERATIONAL COST SAVINGS . Expenses e liminated and future repl ace ment expe nditure s avoided as a result of new equipment install ed or services performed. (5) QUALIFIED PROVIDE R . A perso n or bu sin ess expe rienced in the design, implem entation , and in sta ll at ion of energy cost savings m eas ur es. (6) REQUEST FOR PROPOSALS . A nego tiat ed procurement that is announced through a public notic e from a governmental unit which wi ll adm inister the gu aranteed energy cost sav in gs contract r equesti n g inno vative solutions and proposals for energy conservation m eas ures . The request for propo sa l shall in clude the fo llo wing : a. The nam e and address of the govermnental unit. b. The nam e, address , title , and phone number of a contac t p erso n. c . The dat e, time , and place w he re prop osals mu st be received. d. The evaluation criteria for assess in g the prop osals. e. Any other stipulations and clarification s the governmental unit may require. Alabama Code -Section 41-16-142: ENERGY COST SAVINGS MEASURES AUTHORIZED (a) A governm ental unit may enter int o a guarant eed ener gy cost savings contract in order to reduce energy consumption or operating costs of gove rnment facilities in accordance w ith this art icl e. (b) A ll energy cost savings measures shall compl y w ith current loc al , state, and federal construction and environmental codes and regul at ion s. Notwithstanding anything to the con trary, a guaranteed energy cost savings contract does not include improvements or equ ipme nt that all ow or cau se water from any condensing, coo lin g, or industrial process or any system of nonp otable usage over w hich public water suppl y system officials do not have sanit ary control , to be returned to the potable water s uppl y. Alabama Code -Section 41-16-143: REQUEST FOR PROPOSALS; MEETING; PUBLIC NOTICE; GUARANTEE REQUIRED; BOND; TYPE, DURATION, FUNDING, ETC., OF CONTRACT (a) Before enter in g into a guarant eed energy cost savin gs co ntract, a governmental unit sha ll submit a request for proposals . The governmental unit shall evaluate any proposal from a qu a lifi ed provider and shall se lec t th e qualified provider that b est meets the needs of the un it. After r eviewing the proposals , th e governmental unit may enter into a guara nt eed energy cost savings co ntra ct w ith a qualified pro vi der if it finds that the amount it wo uld sp end on the e nergy cost sav in gs measures recommended in the proposal wo uld not exceed the am o unt of en ergy or operational cost savings, or both, within the lesser of a 20 -year period or th e average useful li fe of the energy cost savin gs measures from the d ate installat ion is complete and has b ee n accepted b y the governme ntal unit , if the recommendati ons in the proposal are followed. The governmenta l unit sh all analyze the following: ( 1) The estim ates of all costs of in sta ll ation, modifications, or remodeling, including , witho ut limit ati on, costs of a pre -in sta ll atio n energy aud it or analys i s , d esign, engineerin g , in s tall at ion , maintenan ce , repa ir s, debt service, and post-installation project monitorin g, data collection, an d r eporting , as well as whe ther en ergy consumed or th e operating costs, or both , will be reduced . (2) The qualifications of the provider. (b) The governme nt a l unit sha ll provide publi c notice of the meeting at which it proposes to awa rd a guarant eed energy cost savings contract, of the names of the parties to th e proposed contract , and of the purpose of the contract. The public notice shall be made at least IO days prior rn the meeting . (c) The g uarantee d en ergy cost sav in gs contract shall include a written guarantee of the qualifie d provider that either the energy or operational cos t savings, or b oth, will m eet or exceed th e costs of th e energy cost savi ngs m easures within the lesser of 20 years or the average u sefu l life of the energy cost sav in gs measures. The qu a lifi ed pro vider shall reimburse the governm ental unit for any sho rt fall of guarant ee d en ergy cost savings on an annual basis. The gu aranteed ener gy cost sav in gs contract may prov ide for payments over a perio d of time , not t o exceed the lesser of 20 years or the average u seful life of the energy cost savi ngs m easures. (d) Notwith standing any law to the contrary, before enterin g into a g uarant eed energy cost sav in gs contract, the governme nt a l unit may require the qualified provider to file with the gove rnm ent a l unit a payment and p erformance bond re latin g to the install at ion of energy cos t savin gs measures th at is in an am ount the governmental un it finds reasonabl e and n ecessary to protect it s interests and that m ay also cover the value of th e guaranteed savings on the contract and is conditioned on the faithfu l execution of the terms of the contract. (e) A governmental unit , or several governmental units together, may enter into an installment payment contract or lease purchase agreement with a qualified provider or a third party financ in g company de s ignated by the qualified provider, or both, for the purchase and installation of energy cost savings measures with a term not to exceed the lesser of 20 years or the average useful life of the energy cost savings measures from the date the energy cost savings measures have been completed and accepted by the gove rnmental unit. (f) Guaranteed energy cost savings contracts, including installment payment contracts and lease purchas e agreements financing the contracts, may extend beyond the fiscal year in which they become effective . The governmental unit may include in its annual bud get and appropriations measures for each subse quent fiscal year any amounts payable under guaranteed energy savings contracts, including installment payment contracts and lease purchase agreements financing the contracts, during that fisca l year. (g) A governmental unit may u se a combination of funds designated for operating, capital expenditures , or other specia ll y d esignated funds for any guaranteed energy cost savings contract includin g purchases using in sta llment payment contracts or lease purchase agree ments. (h) State aid and other amounts appropriated for distribution to , or reimbursement to , a governmental unit may not be reduced as a re sult of energy cost savings realized from a guaranteed energy cost savings contract or a lease purchase agreement for the purchase and installation of energy cost savings measures . Alabama Code -Section 41-16-144: CONSTRUCTION OF ARTICLE The provisions of this article shall not be construed to al t er or circumvent present law which requires education support personnel to work under the direct supervision, employment, and /or control of local boards of education.