§ 36-306. Program administrator; program guidelines.

(a)

The city may hire a program administrator, or delegate the program administration duties to program manager or capital provider. The city manager is authorized to enter into any contract on behalf of the city with respect to the administration of the program, if necessary. The program will be designed to minimize the fees and costs that a Borrower must pay for a C-PACE loan, all with the goal of promoting and facilitating participation in the program.

(b)

The principal program administration duties may include (without limitation) the following: (i) creating and modifying the program guidelines, as necessary; (ii) coordinating the billing and collection process; (iii) processing C-PACE applications to determine eligibility for a C-PACE loan and related eligible improvements; (iv) ensuring compliance with the program requirements; (v) certifying that prospective C-PACE service providers and capital providers are eligible to participate in the program; and (vi) promoting the program by performing program marketing and outreach.

(c)

The program will be self-financed through program fees. The initial program fee will be $250.00 per C-PACE project, which may be amended from time to time by the city manager or program administrator. The program guidelines will include the most current program fees in effect. The program fees shall be paid by borrower in accordance with the C-PACE documents and the program guidelines. The amortization schedule will include any on-going fees to be included with each C-PACE payment.

(d)

Program administrator (i) will endeavor to conduct a competitive, open-market program, available to all pre-certified capital providers, contractors, engineers and consultants, who apply to provide services or funding for the program, and (ii) shall not grant any capital provider or service provider an exclusive right to provide services or funding for the program.

(e)

The program guidelines will be developed by program administrator and approved by the city manager and shall not conflict with the C-PACE Act, this chapter, or the C-PACE documents. The program guidelines will include, without limitation, the C-PACE loan notification requirements and closing process. The program guidelines may require program administrator to provide a written report with summary information regarding the program, the portfolio performance of participating capital providers, or other program statistics. The program guidelines shall become effective only after review by the city attorney and written approval by the city manager. Program administrator is expressly authorized, in its reasonable discretion, exercised jointly with the city manager, to modify the program guidelines from time to time in accordance with the intent and purpose of the program, as approved by the city manager.

(f)

The city acknowledges that program administrator may extend its agreement with the city to any other jurisdiction in Virginia in accordance with the joint and cooperative procurement provisions included in the city's request for proposal for a program administrator and its attachments, which provisions shall govern such joint and cooperative procurement. Program administrator shall indemnify, defend and hold the city harmless against any claim brought against the city or any liability imposed on the city as a result of any action or omission to act by program administrator in a jurisdiction to which its program administration agreement with the city was extended under such joint and cooperative procurement.

( Ord. No. O-19-047 , § 1, 12-10-19)

( Ord. No. O-19-047 , § 1, 12-10-19)