HomeMy WebLinkAbout1990-092 Agrmt - BPA Residential Weatherization Y"
AUTHENTICATED COPY
Contract No. DE-MS79-90BP92907
Procurement No. 75917
4/1 /90
RESIDENTIAL WEATHERIZATION
CONSERVATION ACQUISITION AGREEMENT R E C El V E D
(Weatherwi se Program) Congf-Tvation-LCI3
executed by the JUL 2 61990
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND, OREGON
• - - - - - - - - - - - - - - - Index to Sections - - - - - - - _ - - - - - - - -
Section Pate
1 . Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Program Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5. Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6. Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7. Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8. Amendment of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9. Option Selection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Contractor Participation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 . Eligibility Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12. Contractor Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13. Budget Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14. Quality Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15. Use of Bonneville Funds by Contractor. . . . . . . . . . . . . . . . . . . . . . . . 12
16. Program Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17. Program Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18. Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19. Limitation of Program Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20. Other Sources of Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 . Modification of Operating Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22. Notices and Other Communications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
• 23. Program Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24. Dispute Resolution and Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26. Signature Clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
L"
• Exhibit A (General Conservation Contract Provisions) . . . . . . . . . 5
Exhibit B (Buyback Option) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit C (Quick Audit Option) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit D (Percent Savings Option) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit E (Contractor Designed Option) . . . . . . . . . . . . . . . . . . . . . . . 5
Exhibit F (Referenced Items) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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This AGREEMENT, executed June 18 , 1990, by the UNITED STATES
OF AMERICA, Department of Energy, acting by and through the BONNEVILLE .POWER
ADMINISTRATION (Bonneville) , and THE CITY OF ASHLAND, OREGON (Contractor) , a
municipal corporation organized and existing under the laws of the State of
Oregon;
WITNESSETH :
WHEREAS Bonneville is required by the Pacific Northwest Power Act to
acquire actual or planned load reduction through cost-effective conservation
and the implementation of conservation measures; and
WHEREAS such conservation measures may include but are not limited to
loans and grants to Homeowners for insulation or weatherization; and
WHEREAS Bonneville, to the extent the implementation of conservation
• measures require direct arrangements with Consumers, is directed by the
Pacific Northwest Power Act to make maximum practicable use of its customers
and local entities in administering and carrying out such arrangements ; and
WHEREAS Bonneville, in response to the Pacific Northwest Power Plan,
agrees to strive to install all applicable eligible Measures identified in
this Agreement;
NOW, THEREFORE, the parties hereto mutually agree as follows :
1 . Term of Agreement.
This Agreement becomes effective at 2400 hours on September 30, 1990; or
any time thereafter on the date the Contractor signs (Effective Date) , and
shall continue in effect until 2400 hours on June 30, 2001 , unless
terminated earlier as provided herein. All obligations arising from this
Agreement shall be preserved until satisfied.
2. Program Overview.
The purpose of this Agreement is to acquire conservation to reduce the
Bonneville load. Bonneville shall provide Incentives to the Contractor
for the estimated energy savings resulting from the weatherization of a
Residence. Bonneville shall pay the Contractor for services described
herein in the administration of this Agreement.
3. Definitions .
All capitalized terms are as defined in Exhibit A, except that the
• following terms shall have the following meaning:
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• (a) "Administrative Costs" means all costs, other than the Incentives,
which are payable by Bonneville to the Contractor for the
implementation and administration of this Agreement.
(b) "Audit" means either an Energy Analysis, Quick Audit, or Percent
Savings Audit as defined in this Agreement, or other Audit as defined
in a Contractor Designed Option.
(c) "Budget Year" means Initial Budget Year or Subsequent Budget Year, as
appropriate.
(d) "Building" means a structure containing one or more Residences and
within which:
(1 ) all Residences are owned by one Homeowner; or
(2) if Residences are owned by separate Homeowners, each Homeowner
agrees, individually or collectively through the rules governing
actions of a Homeowners' association or like entity, prior to
the Audit, to act as one Homeowner with regard to this
Agreement. Condominiums and "0" lot line Residences with
separate crawl spaces and attics shall be considered separate
Buildings.
. (e) "Buyback Incentive" means the amount determined in accordance with
Exhibit B and which is the sum of funds provided by Bonneville and
the Contractor' s cost share, as established under section 30 of
Exhibit A.
(f) "Buyback Option" means the Contractor' s Weatherwise Program operated
pursuant to the applicable provisions of this Agreement. Under the
Buyback Option, the Contractor uses the Standard Heat Loss
Methodology to determine which Measures may be installed in a
Residence and the estimated energy savings associated with such
Measures.
(g) "Conditioned Space" means any space within a Residence which is , in
the judgment of the Contractor , capable of being heated to 68 degrees
Fahrenheit under winter design conditions and normally used as living
space.
(h) "Contractor Funds" means any loan or grant funds the Contractor may
provide to Homeowners or Homeowner Designees for the installation of
Measures in Residences . Such funds shall not include any Contractor
. cost share, nor shall they have been derived from Bonneville or other
Federal sources , including funds from state—operated oil overcharge
programs.
(1 ) "Duplex" means a Building that contains no more and no less than two
• Residences .
(j) "Energy Analysis" means the procedure in Item 2 of Exhibit F.
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(k) "Fourplex" means a Building that contains no more and no less than
four Residences.
( 1 ) "Homeowner" means the fee owner, mortgagor, or the contract vendee of
a Residence, including one used for rental purposes.
(m) "Homeowner Designee" means the party identified by the Homeowner in
writing to act in the Homeowner' s behalf for purposes of this
Agreement.
(n) "House Tightening Measures" means exterior wall cavity insulation,
storm windows, replacement prime windows, vent conversions, sliding
storm doors , sliding door replacements, french doors , caulking or
weatherstripping.
(o) "Incentive" means either the Buyback Incentive, Quick Audit
Incentive, or Percent Savings Incentive as defined in this Agreement,
or other Incentive as defined in a Contractor Designed Option.
(p) "Initial Budget Year" means the period commencing on October 1 , 1990,
and ending on September 30, 1991 .
(q) "Installer" means an individual , partnership, corporation, or other
similar entity, other than the Contractor, which installs Measures
• and carries liability insurance and assurance bonding for all work
performed. Homeowners are not required to carry liability insurance
or assurance bonds to install Measures in their own Residence. With
the concurrence of the Contractor, the Installer may substitute an
irrevocable trust fund, controlled by the Contractor, for the
required assurance bond. Except for nonprofit entities and
Homeowners, all Installers must possess either a State contractor ' s
or similar license unless the locality where the installation is
being completed has no licensing procedure.
(r) "Low Income Consumer" means a Consumer whose combined household
income, determined in accordance with Item 7 of Exhibit F, is at or
below 125 percent of the poverty level , adjusted for household size ,
determined in accordance with criteria established by the Director of
the U.S. Office of Management and Budget.
(s) "Mobile Home" means a structure, built in one or more sections on a
steel chassis, which is originally designed to allow for transporting
on its own wheels to different sites, and is used with or without a
permanent foundation.
(t) "Operating Area" means that portion of the Contractor' s electrical
service area which is located within the Region.
(u) "Percent Savings Audit" means the procedure in Item 2 of Exhibit F.
• (v) "Percent Savings Option" means the Contractor' s Weatherwise Program
operated pursuant to applicable provisions of this Agreement. Under
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the Percent Savings Option, the Contractor conducts a streamlined
review of the Residence to determine which Measures may be
installed. No measurements are required.
(w) "Percent Savings Incentive" means the amount determined in accordance
with Exhibit D and which is the sum of funds provided by Bonneville
and the Contractor' s cost share, as established under section 30 of
Exhibit A.
(x) "Quick Audit" means the procedure in Item 2 of Exhibit F.
(y) "Quick Audit Option" means the Contractor' s Weatherwise Program
operated pursuant to applicable provisions of this Agreement. Under
the Quick Audit Option, the Contractor conducts a streamlined review
which may or may not include measurements of the Residence to
determine which Measures may be installed.
(z) "Quick Audit Incentive" means the amount determined in accordance
with Exhibit C and which is the sum of funds provided by Bonneville
and the Contractor' s cost share, as established under section 30 of
Exhibit A.
(aa) "Residence" means that portion of a structure or structures which
contains Conditioned Spaces including provisions for sleeping,
• eating, and cooking, for one or more persons (see section it for
specific eligibility provisions) .
(bb) "Seasonal Residence" means any Residence occupied for less than
180 days of each year as determined by the Contractor and which can
be shown to be seasonal .
(cc) "Subsequent Budget Year" means a period, other than an Initial Budget
Year, commencing on October 1 and ending the following September 30.
(dd) "Weatherwise Program" is the name given to Bonneville' s residential
weatherization program operated in accordance with this Agreement.
(ee) "Workmanlike" means performance in accordance with the installation
and material specifications , or performance with deviations from such
specifications which neither materially affects the energy savings
and life expectancy of the installed Measures nor adversely affects
health and safety.
4. Exhibits.
Exhibit A (General Conservation Contract Provisions) , Exhibit B (Buyback
Option) , Exhibit C (Quick Audit Option) , Exhibit D (Percent Savings
Option) , Exhibit E (Contractor Designed Option) , and Exhibit F (Referenced
Items) are by this reference made a part of this Agreement.
• 5. Entire Agreement.
This Agreement sets forth the entire agreement of the parties and
supersedes any and all prior agreements with respect to the subject matter
of this Agreement. The rights and obligations of the parties hereunder
shall be subject to and governed by this Agreement. The headings used
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herein are for convenient reference only and shall not affect the
interpretation of this Agreement.
6. Interpretation.
(a) The provisions in Exhibit A are incorporated by reference into this
Agreement. If a provision in the body of this Agreement or if a
provision in Exhibits 6, C, D, E, or F is in conflict with a
provision contained in Exhibit A, the former shall prevail .
(b) Except as provided in section 22 of Exhibit A, nothing contained in
this Agreement shall , in any manner, be construed to abridge, limit,
or deprive any party hereto of any remedy, either at law or in
equity, for the breach of any of the provisions of this Agreement.
7. Termination.
In addition to the termination provisions of Exhibit A, the following
provisions apply under this Agreement:
(a) The Contractor may, for its convenience, terminate this Agreement by
giving Bonneville 30 days ' written notice of such termination. In
the event of such notice, the Contractor shall use its best efforts
to minimize the compensation payable under this Agreement.
• (b) Bonneville may, for its convenience, terminate this Agreement by
giving the Contractor 1 year' s written notice. In the event of such
notice, the Contractor shall use its best efforts to minimize the
compensation payable under this Agreement.
(c) If the Contractor has failed to comply with the requirements of
subsection 9(a) of Exhibit A, Bonneville may terminate this Agreement
30 days after the Contractor receives written notice from Bonneville.
B. Amendment of Agreement.
(a) Except as provided in section 3 of Exhibit A. the provisions of 'this
Agreement may be amended only by mutual agreement of the parties
after completing the following process:
(1 ) distribution of a copy of the proposed amendment for review and
comment to all contractors whose agreement would be modified by
the proposed amendment;
(2) good faith negotiations between Bonneville and the Contractor;
and
(3) offer of the amendment to all Contractors whose agreement would
be modified by the proposed amendment and effective on the date
specified therein.
• (b) Documents incorporated in this Agreement as listed in Exhibit F, may
be changed only to incorporate new or updated information which does
not affect the requirements of this Agreement. This includes
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• subsequent revisions to the Federal specification or code language
contained in Item 1 of Exhibit F (Weatherization Specifications) .
Any such changes shall be issued by Bonneville after reasonable
consultation with the Contractor and shall be incorporated in this
Agreement.
9. Option Selection.
(a) At the time that the Contractor signs this Agreement, the Contractor
shall notify Bonneville in writing which option (Buyback Option,
Quick Audit Option, Percent Savings Option, or Contractor Designed
Option) it intends to operate under this Agreement.
(b) If the Contractor elects to change from one option to another option
under this Agreement, the Contractor may transfer to such option by
giving Bonneville written notice of its intent to operate such other
option. This transfer shall be effective at 2400 hours on the
subsequent September 30 after such notification.
10. Contractor Participation.
(a) Bonneville may, either on its own initiative, or upon the request of
a Contractor, call meetings with all Contractors. These meetings may
include, but are not limited to, the following:
(1 ) Periodic review of this Agreement;
(2) Questions of interpretation of this Agreement;
(3) Proposed amendments to this Agreement; or
(4) Proposed changes to materials incorporated by reference into
this Agreement.
(b) If a Contractor requests a meeting, Bonneville shall either grant or
deny the Contractor' s request within 30 calendar days of its receipt.
(c) Bonneville shall request agenda items , including Contractor-proposed
amendments, for all meetings. Bonneville shall provide notice of the
specific date, time, place, and agenda for each meeting.
(d) After negotiations or discussions , as appropriate, amendments to this
Agreement shall be effective as provided in section 8.
11 . Eligibility Provisions .
(a) A Residence is eligible for the installation of Measures if it is
within the Operating Area, is not a Mobile Home, and as of April 15,
1983, it:
• (1 ) has a permanently installed electric space heating system and no
alternate (secondary fuel ) heating system; or
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• (2) is equipped with 220-240 volt receptacles designated for use
with electric heaters, and has no other heating system or wood
stove; or
(3) contains at least one 110-120 volt portable electric heater, has
no other heating system or wood stove, and the most recent
12-month electric consumption history indicates winter heating
use.
(b) Measures shall be installed only in the Conditioned Spaces contained
in an eligible Residence.
(c) A Conditioned Space within an eligible Residence is eligible for the
installation of Measures if the Conditioned Space has:
(1 ) permanently installed electric heat and no other existing
non-electric space heating system; or
(2) permanently installed electric heat and a wood stove, fireplace ,
or fireplace insert; or
(3) permanently installed electric heat and a wood furnace (i .e. ,
with heat delivery system) used as a back-up system (emergency
use only) ; or
• (4) a electric heat pump system with an integral alternate fuel
back-up; or
(5) permanently installed electric heat, has unused (functional or
nonfunctional ) other non-electric space heating equipment, and
one of the following actions has been completed:
(A) The entire non-electric space heating equipment has been
removed (furnace, ducts , registers , above ground fuel
storage tank, radiant coils , radiators , Gas space heaters,
etc. ) , and penetrations have been sealed; or
(B) If construction of the Residence prevents removal of the
furnace (or other portion(s) of the space heating
equipment) , then the rest of the system has been removed,
all penetrations have been sealed, and electrical service
to the furnace has been disconnected.
(d) If a Residence is attached to any other Residence, the Building in
which the Residences are located must be either of wood frame
construction or no higher than three stories above grade.
12. Contractor Duties.
The Contractor' s duties shall be to substantially comply with the
• objectives and terms of this Agreement.
(a) Upon request by the Homeowner or Homeowner Designee , the Contractor
shall conduct an Audit of the Building in accordance with procedures
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• contained in Exhibit F to this Agreement. Following completion of
the Audit, the Residence shall remain eligible for weatherization
under this Agreement until all eligible Measures are installed.
(b) The Contractor shall determine Low Income Consumer eligibility in
accordance with Item 7 of Exhibit F and shall maintain records that
substantiate this determination as it relates to Incentive claims
from Bonneville.
(c) The Contractor shall provide a Privacy Act Notice to each Homeowner
or Homeowner Designee before information is collected for use under
each of the options identified in this Agreement. This notice shall
explain that any information collected will be used in an anonymous
form by Bonneville and will not be released by Bonneville except as
required by law.
(d) The Contractor shall inform the Homeowner or Homeowner Designee that
kickbacks, rebates or other non—Program benefits from Installers are
prohibited and may be subject to Federal law.
(e) Subsequent to the installation of Measures, the Contractor shall
complete an inspection on each Residence for which an Incentive will
be claimed using the inspection procedures contained in Exhibit F.
The inspection shall be performed by a person certified in accordance
• with the energy inspector training procedures contained in
Exhibit F. The inspection shall be performed by a person other than
the Installer of such Measures or such Installer' s subcontractor.
(f) The Contractor shall submit claims to Bonneville for Administrative
Costs and the Bonneville cost share portion of the Incentives as
determined in accordance with the appropriate Exhibit to this
Agreement. The Contractor shall submit these claims after completing
an inspection checklist and determining that each Residence has been
weatherized in a Workmanlike manner. The Contractor shall submit
claims to Bonneville for training costs, determined in accordance
with the appropriate Exhibit to this Agreement.
(g) If the Contractor operated a Bonneville residential weatherization
program that terminates on September 30, 1990, the Contractor shall
follow the transition procedures contained in Item 9 of Exhibit F,
which shall no longer apply after September 30, 1991 .
13. Budget Provisions.
(a) Timely Budget Requests.
Budget requests for the Initial Budget Year which are received by
Bonneville no later than 4 months from the initial offer, shall be
considered timely. Budget requests for each Subsequent Budget Year
which are received by Bonneville no later than June 1 preceding such
• Subsequent Budget Year shall be considered timely.
(b) Untimely Budget Requests .
Budget requests which are not timely shall be reviewed by Bonneville
in order of their receipt, and may be approved to the extent that
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• funds remain available following the approval of timely budget
requests.
(c) Budget Submittal Requirements.
(1 ) For the Initial Budget Year, the Contractor' s request shall be
submitted on the budget form referenced in Item 5 of Exhibit F
and shall contain all information requested that is applicable
for the Initial Budget Year.
(2) For each Subsequent Budget Year, the Contractor' s request shall
be submitted on the budget form referenced in Item 5 of
Exhibit F and shall contain all information requested that is
applicable for such Budget Year.
(3) At the beginning of the Initial Budget Year, the Contractor
shall submit in writing one of the following cost control
mechanisms to be used by the Contractor to determine the
Incentive available for Low Income Consumers . The Contractor
may elect to change cost control mechanisms by notifying
Bonneville in writing. However this change shall occur only at
the beginning of a Budget Year:
(A) three estimates from Installers with work awarded to the
• entity submitting the lowest estimate or an estimate within
20 percent of the lowest estimate;
(B) a limit per Measure equal to 125 percent of the average
installation cost of the Measure, in $ per square/linear
foot, based on a random sample of 50 installations of such
Measure or 20 percent of the installations of such Measure
in the electrical service area of the Contractor during the
preceding 12 months; or
(C) a Contractor-designed cost control mechanism approved by
Bonneville prior to the Audit.
(4) Bonneville may request that the Contractor submit a work plan as
part of the budget submittal requirements . The requirements for
such work plan shall be provided by Bonneville.
(d) Budget Approv .
Bonneville shalal l respond to timely budget requests no later than
2 calendar months after the end of the specified time periods .
Bonneville shall either approve the Contractor' s budget request,
approve a portion of the Contractor' s budget request, or disapprove
the Contractor' s entire budget request.
(1 ) Bonneville shall approve the Contractor' s entire timely budget
request if:
(a) funds are available to meet the Contractor' s budget request
and all other timely budget requests;
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• (b) the budget request meets the requirements of
subsection 13(c) of this Agreement; and
(c) the Contractor can demonstrate its ability to complete the
expected units of accomplishment contained in its budget
request.
(2) If all of the Contractor' s timely budget request is not
approved, Bonneville shall advise the Contractor in writing of
its approved budget and the reasons for not approving the entire
budget request.
(e) Budget Adjustments .
( 1 ) If less than the entire amount of a budget request is approved,
Bonneville may subsequently approve a larger amount, not to
exceed the amount requested, and shall notify the Contractor as
soon as possible of its new approved budget.
(2) At any time during a Budget Year, the Contractor may request and
Bonneville may agree to increase or decrease the Contractor' s
approved budget for such Budget Year.
(3) If, during any Budget Year, the Contractor fails to spend
• 80 percent of its approved budget, upon 30 days ' written notice,
and after consultation with the Contractor, Bonneville may make
a pro rata reduction of the Contractor' s approved budget based
on the Contractor' s actual level of performance. Such reduction
shall not be made if Bonneville determines that the Contractor
has demonstrated that it will be able to spend its approved
budget by the end of the Budget Year.
14. Quality Control .
(a) Bonneville may review the Contractor' s Weatherwise Program to
determine substantial compliance with the terms of this Agreement.
Such review may include , but is not limited to, inspection of the
Contractor' s procedures , records or accounts and inspection of
weatherized Residences. Results of the review will be conveyed , in
writing, to the Contractor, in a timely manner, following completion
of the review.
(b) If a review determines that the Contractor' s Weatherwise Program is
not in substantial compliance with this Agreement, Bonneville shall
consult with the Contractor and may:
(1 ) pursue corrective actions or financial adjustments;
(2) place the Contractor on the mandatory cost reimbursement method
. described in Item 6 of Exhibit f; or
(3) suspend the Contractor' s participation in the Weatherwise
Program in accordance with section 8 of Exhibit A.
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• (c) If a Contractor' s Weatherwise Program, though in substantial
compliance with this Agreement, is found to contain operating
deficiencies, Bonneville may direct specific actions to correct such
deficiencies. If a review reveals repetition of previously
identified deficiencies Bonneville may, in addition to any other
reason for doing so under this Agreement, place the Contractor on the
mandatory cost reimbursement method described in Item 6 of
. Exhibit F. Repeated failure by the Contractor to correct operating
deficiencies may result in a determination by Bonneville that the
Contractor' s Weatherwise Program is not in substantial compliance
with this Agreement.
(d) If Bonneville determines that the Contractor' s Weatherwise Program is
in substantial compliance with no operating deficiencies, all
payments made by Bonneville shall be final and conclusive except as
regards accounting errors , illegal acts, fraud, or gross mistakes as
may amount to fraud.
15. Use of Bonneville Funds by Contractor.
(a) The Contractor shall use payments from Bonneville for Administrative
Costs to reimburse the Homeowner or Homeowner Designee if the
Contractor or Installer charges to conduct an initial Audit and if
the Residence is weatherized under this Agreement.
• (b) The Contractor shall disburse Incentives on behalf of Bonneville to
the Homeowner of the Residence for which the claim was made, or to
the Homeowner Designee. When agreed to by the Homeowner or Homeowner
Designee in writing, the Contractor may disburse such Incentives on
behalf of the Homeowner or Homeowner Designee to the Installer.
16. Program Records.
The Contractor shall maintain records in accordance with the provisions
contained in the appropriate Exhibit to this Agreement. Such records
shall be subject to review by Bonneville, only until the earlier of the
completion of a Financial Audit or 3 years after the end of the Budget
Year in which the record was created. However, those records relating to
eligible insulation Measures not installed shall be maintained through the
earlier of (a) 1 year after the termination of this Agreement; or
(b) until such Measure is installed.
17. Program Reports .
(a) Payment Methods Program Reports.
(1 ) Letter of Credit or Voluntary Cost Reimbursement.
The Contractor shall submit claims under these payment methods
using the Program forms referenced in Exhibit F, at least
quarterly and no more often than monthly, to be received no
later than the 15th day of the month following the period for
• which reporting is being submitted, except for the final report
of the Budget Year. However, if no work was performed during a
reporting period for which a claim can be made, the Contractor
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• shall only be required to notify Bonneville that no claims will
be made for such period. The means of such notification shall
be determined in consultation with Bonneville.
(2) Revolving Working Capital Advance.
The Contractor shall submit claims under this payment method
using the Program forms referenced in Exhibit F, monthly to be
received no later than the 15th day of the month following the
month for which reporting is being submitted, except for the
final report of the Budget Year. However, if no work was
performed during a reporting period for which a claim can be
made, the Contractor shall only be required to notify Bonneville
that no claims will be made for such period. The means of such
notification shall be determined in consultation with Bonneville.
(b) The final report for each Budget Year shall be submitted in
accordance with the year end close out procedures provided by
Bonneville.
18. Payment.
(a) Methods of Payment.
The methods of payment available to the Contractor are limited to the
methods set forth in Item 6 of Exhibit F. Payments shall be made in
• accordance with the payment method selected in writing by the
Contractor and approved by Bonneville. The Contractor may request a
change in the payment method by providing written notice to
Bonneville. Bonneville shall timely notify the Contractor in writing
whether or not such request is approved.
(b) Current Payment Amounts.
Subject to sections 13, 19, and 20 of this Agreement, Bonneville
shall pay the Contractor the amount determined in accordance with the
appropriate Exhibit for Measures completed on or after the Effective
Date. Bonneville shall authorize payment to the Contractor after
Bonneville ' s receipt and approval of the completed forms identified
in section 17 of this Agreement.
(c) When Bonneville has paid under another agreement for the installation
or completion of a Measure or a measure which meets the requirements
of this Agreement, no payments shall be made with respect to such
Measure or measure under this Agreement.
(d) Provisional Payments .
Payments made by Bonneville in accordance with subsection 18(b) of
this Agreement shall be considered provisional until the Contractor' s
Weatherwise Program is determined to be in substantial compliance in
accordance with the Quality Control provisions of this Agreement or
until the claims on which such payments are based have been finally
• approved in a Financial Audit.
13
• 19. Limitation of Program Funds .
(a) Bonneville shall notify the Contractor in writing upon determining
that sufficient funds may not be available to continue funding to the
maximum of the Contractor' s approved budget. Such written notice
shall be given at least 120 days before the date of projected
unavailability of funds. Bonneville shall use its best efforts ,
consistent with the prudent exercise of its fiscal responsibilities ,
to obtain further funds to pay the amount indicated in the approved
budget. In the event of such notice, the Contractor shall use its
best efforts to minimize the compensation payable under this
Agreement.
(b) Within the total amounts established in the Contractor' s approved
budget, Bonneville shall pay for Measures that are completed within
3 calendar months following the date the written notice identified in
subsection 19(a) of this Agreement is received by the Contractor and
for which timely claims are received by Bonneville. Claims shall be
considered timely if received by Bonneville within the period
specified in such written notice, which shall be no shorter than
4 calendar months.
(c) Bonneville shall notify the Contractor to the extent funds again
become available during the Budget Year in which written notice is
• given in accordance with subsection 19(a) of this Agreement.
20. Other Sources of Funds.
(a) Bonneville may reduce Administrative Cost payments or Incentives
available to the Contractor or to the Homeowner or Homeowner Designee
under this Agreement, so as to limit the total reimbursement, from
all governmental sources, to the actual costs associated with the
weatherization of the Residence.
(b) Bonneville funds shall not take the place of funds that were
previously spent for Measures which would otherwise qualify for '
payment in accordance with this Agreement.
21 . Modification of Operating Area.
The parties to this Agreement may agree to permit weatherization of
Residences outside the Contractor' s Operating Area within the Region.
Such action shall be by the agreement of the Contractor, Bonneville, and
any other affected Contractor(s) under the following terms :
(1 ) Weatherization shall be in accordance with the option operated by the
Contractor who shall be performing the work;
(2) The cost share for a Residence shall be that cost applicable to the
Contractor in whose service territory the Residence is located; and
• (3) Bonneville shall determine and allocate budgets for all parties in
accordance with its normal budget allocation procedures.
14
• 22. Notices and Other Communications.
Written communication between the parties shall be delivered in person or
mailed to the address and to the attention of the person specified below:
If to Bonneville: Bonneville Power Administration
Lower Columbia Area Office
P.O. Box 3621 - LCBB
Portland, Oregon 97208
ATTN: Marc E. Ross , Chief
Residential/State and
Local Government Section
(503) 230-5750
If to the Contractor: City of Ashland
City Hall , 20 East Main Street
Ashland, Oregon 97520-1814
ATTN: Richard Wanderscheid
Energy Conservation Coordinator
(503) 482-3211
Either party may change or supplement such address or specified person by
giving the other party written notice of such change.
23. Program Evaluation.
(a) The Contractor shall provide to Bonneville a random sample of no more
than 50 percent of the Program records relating to Weatherwise
Program activity for the period being evaluated. The information
submitted shall include:
(1 ) the total number of Residences from which the sample was
selected; and
(2) the billing records for a comparable period of time for a sample
. of Weatherwise Program nonparticipants .
(b) The Contractor shall , upon 60 days ' notice by Bonneville but no more
frequently than once in any 12-month period, at the discretion of
Bonneville either transmit the data collected to Bonneville or permit
access to such data by Bonneville or its designee for purposes of
Program evaluation.
24. Dispute Resolution and Arbitration.
Disputes regarding this Agreement shall be resolved under the provisions
contained in section 22 of Exhibit A.
25. SeverabilitY.
If any provision of this Agreement is finally adjudicated by a court of
competent jurisdiction to be invalid or unenforceable, it is the parties '
•
15
• intent that the remainder of this Agreement, to the extent practicable,
continue in full force and effect as though such provision or any part
thereof so adjudicated had not been included therein.
26. Signature Clause.
Each party hereto represents that it has the authority to execute this
Agreement and that it has been duly authorized to enter into this
Agreement.
IN WITNESS WHEREOF, Bonneville issues this Agreement.
UNITED STATES OF AMERICA
Department of Energy
/s/ Sue F . Hickey By
J�� �• "
Assistant Administrator
for Energy Resources
APR 23 1990 Date APR 2 3 1330
THE CITY OF ASHLAND, OREGON
• B J44matno� /s/ Catherine M. Golden
Title Ma } ( +c, ,- AAJ Mayor , City of Ashland
Date �w.e 1 � 159th June 18 , 1990
ATTEST:
By /s/ Nan E . Franklin
Title Cdr., �^ ' x �C�-_/ City Recorder
Date 6-18-90
(VS6-PMCE-4374C/4378c-4379c)
•
16
9
Department of Energy
' Bonneville Power Administration
Lower Columbia Area
P.O. Box 3621
Portland, Oregon 97208 - 0999
August 2, 1990
In reply refer to:LCBB
Ms. Catherine M. Golden
Mayor, City of Ashland
City Hall
20 E. Main Street
Ashland, OR 97520
Dear Ms. Golden:
Enclosed for your records, is an authenticated copy of the Residential
Weatherization Conservation Acquisition Agreement between the Bonneville Power
Administration and the City of Ashland, Contract Ho. DE-MS79-90BP92907.
•
If you have any questions regarding this Agreement, please contact me at
(503) 230-4209.
Sincerely,
Ra and L. Classen
Contracting Officer's
Technical Representative
Enclosure
cc: w/enclosure .
Mr. Dick Wanderscheid - City of Ashland