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Home My WebLink About1991-108 AMND 2 - BPA Energy Smart Design AUTHENTICATED COPY LNAT o, Department of Energy Bonneville Power Administration z P.O. Box 3621 ��srnTE� CPC Portland, Oregon 97208 - 3621 MAR o 8 185; in reow eie � PMCE Amendatory Agreement No. 2 Contract No. DE—MS79-88BP92542 Procurement No. 76047 Energy Smart Design Program (Option 3) Mr. Brian L. Almquist City Administrator & General Manager City of Ashland 20 East Main Ashland, OR 97520 Dear Mr. Almquist: This letter constitutes an Amendatory Agreement between the Bonneville Power Administration (Bonneville) and City of Ashland (Utility) . On September 6, • 1988, the parties executed an Energy Smart Design Program Option 3 Agreement (Option 3 Agreement) . The Option 3 Agreement described the procedures to be followed when delivering services under Option 3 of the Energy Smart Design Assistance Program (Program) . Bonneville agreed that if the Utility participated in Option 3 of the Program and made good faith efforts to perform the tasks outlined in the Option 3 Agreement, the Utility will have met the requirements set out in Bonneville' s Model Conservation Standards Surcharge Policy. Since that date, the Utility has requested that it be allowed to become more active in promoting Program participation and/or providing design assistance services to its customers using the Prescriptive Path Manual . Bonneville agreed that if a Utility became more active under Option 3 of the Program, Bonneville would provide funding support for those activities . Therefore, Bonneville offers this Amendatory Agreement under the following terms and conditions. This Amendatory Agreement supersedes and replaces in its entirety the executed Option 3 Agreement. 1 . Term. (a) This Amendatory Agreement shall become effective at 2400 hours on the date the Utility signs and shall continue in effect until 2400 hours on September 30, 1992, unless terminated as provided herein. All obligations arising from this Amendatory Agreement shall be preserved until satisfied. • (b) The Utility or Bonneville may terminate this Amendatory Agreement upon 30 days written notice to the other party. z (c) Bonneville may also terminate this Amendatory Agreement pursuant to section 5(c) below. 2. Utility Eligibility. This Amendatory Agreement is available to only those utilities within the Pacific Northwest who meet the following requirements: (a) The Utility is a firm requirements customer of Bonneville; and (b) The Utility wishes to execute or has executed an Option 3 Agreement and is not currently operating under any other signed agreement resulting from the Energy Smart Design Assistance Program Utility Agreements solicitation (DE—PS79-88BP39138) . 3. xE hibits. (a) Exhibit A (Program Procedures) , Exhibit B (Referenced Documents) , Exhibit C (Sample Program Forms) , and Exhibit D (Program Awards) are hereby attached and made a part of this Amendatory Agreement. The definitions applicable to this Amendatory Agreement are found in Exhibit 3 to Item 1 of Exhibit B. (b) The general contract provisions applicable to this Amendatory • Agreement are listed in Section D to Item 1 of Exhibit B and by this reference are made a part of this Amendatory Agreement. For the purposes of this Amendatory Agreement, the terms Project Technical Representative, Recipient, and Award as used in these provisions shall mean Contracting Officer' s Technical Representative, Utility, and this Amendatory Agreement, respectively. All sections of the referenced general contract provisions apply to this Amendatory Agreement except for the following: D-1 ; D-1 . 15; D-1 . 18; D-1 .21 ; D-1 .22; D-1 .23; D-2.2; D-2.5; D-2.6; D-2.8; and D-2. 10. 4. Offer of Agreement. Upon signature by Bonneville, this Amendatory Agreement shall be offered to the Utility for execution. This offer to the Utility shall remain open through 90 days from the date that Bonneville signs the Amendatory Agreement. If this Amendatory Agreement is not executed within the specified time period, the offer of this Amendatory Agreement shall expire and Bonneville shall have no further obligations under this proposed Amendatory Agreement. 5. Order of Precedence. In the event of an inconsistency between provisions of this Amendatory Agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) this Amendatory Agreement including the attached exhibits; (b) the referenced documents; and (c) the Utility's operating plan. • 6. Procedures . • (a) The Utility agrees to comply with the Program Procedures described in Exhibit A to this Amendatory Agreement. (b) If the Utility is in compliance with this Amendatory Agreement, the Utility will meet the requirements set out in Bonneville' s Model Conservation Standards Surcharge Policy. (c) If, after reasonable notice, the Utility is not in compliance with this Amendatory Agreement, Bonneville will terminate this Amendatory Agreement upon 30 days written notice to the Utility, and as of the date of termination, the Utility may be subject to surcharge under Bonneville' s Model Conservation Standards Surcharge Policy. 7. Application Procedure. (a) Concurrent with an originally signed copy of this Amendatory Agreement, the Utility will submit a draft operating plan, pursuant to section 1 of Exhibit A, and designate a Utility point of contact for this Amendatory Agreement to Bonneville, if the Utility has not already done so under the prior Program Agreement. (b) If the Utility will be providing design assistance services using the Prescriptive Path Manual , the Utility shall submit an addendum to their operating plan to Bonneville to describe how those services • will be provided under this Amendatory Agreement. (c) The Utility will submit a final operating plan or addendum to their final operating plan to Bonneville within 45 days after receipt of Bonneville' s comment on the draft operating plan or addendum. 8. Contracting_Officer's Technical Representative. The Contracting Officer' s Technical Representative (COTR) identified below is the Bonneville point of contact for this Amendatory Agreement. Bonneville Power Administration Eugene District Office Federal Building, Rm. 206 211 East 7th Avenue Eugene, OR 97401 ATTN: Ray A. Wiley - LG Contracting Officer' s Technical Representative Phone: (503) 465-6955 Bonneville may change or supplement such address or specified person by giving the Utility written notice of such change. • J 4 • 9. Indemnification. The Utility .agrees to hold Bonneville harmless against any judgment for direct or consequential damages awarded to third parties arising from or related to the Utility' s performance of its obligations under this Amendatory Agreement. However, the Utility shall not indemnify and hold harmless Bonneville, but Bonneville shall indemnify and hold harmless the Utility from any claim, demand, damage, loss, liability, and expense, including, but not limited to, reasonable attorney' s fees, arising from or related to the .Utility' s performance of its obligations under this Amendatory Agreement, if the Utility' s performance is in the manner required by this Amendatory Agreement and if the claim, demand, damage, loss, liability, or expense is based on standards or design requirements of the Program identified in this Amendatory Agreement. Bonneville will not indemnify and hold the Utility harmless unless the Utility gives written notice to Bonneville within 30 days of the Utility' s receipt of written notice of a claim. being made against the Utility under this Amendatory Agreement. This section shall apply only to acts or omissions arising out of this Amendatory Agreement. This provision shall survive the termination of this Amendatory Agreement, terminating only when all periods under any applicable statutes of limitation have lapsed. • • 1 5 • 10. Signature Clause. Each party hereto represents that it has the authority to execute this Amendatory Agreement and that it has been duly authorized to enter into this Amendatory Agreement. If these provisions are acceptable, please sign both copies of this Amendatory Agreement and return one copy to Bonneville. The remaining copy is for your files. Please also provide an originally signed copy of the resolution or the board or city council meeting minutes authorizing execution of this Amendatory Agreement. Sincerely, /s/ Sue F. Hickey -- 1 Assistant Administrator for Energy Resources ACCEPTED: CITY OF ASHLAND By pij—tr , [s � _ /s/ Catherine M. Golden Title �j2C1-7�f �q� Mayor Date y- S // 4-5-91 ATTES By /s/ Nan E. Franklin Title City Recorder Date -5 4-5-91 (VS6-PMCE-WP+360) • i * Department of Energy C • A Bonneville Power Administration Eugene District Office 211 East Seventh Avenue, Room 206 Eugene, Oregon 97401-2722 May 17, 1991 In reply refer to: LG Mr. Brian L. Almquist City Administrator & General Manager City of Ashland - City Hall 20 E Main Street Ashland, Oregon 97520 Dear Brian: Enclosed are two authenticated copies of your Amendatory Agreement No. 2 of your Energy Smart Design (ESD) contract. The original contract is on file at the Bonneville Headquarters. As you know, Bonneville is making a major effort to access electrical energy • savings in the commercial sector. By extending your participation in ESD you are demonstrating your desire to work with us in this increased effort. We appreciate your support. You can be assured that the Area/District staff will be available to assist you as you expand your program. Please call me if you need assistance with any of your projects. Sincerely, Ray A. W ey District Conservation Engineer •