HomeMy WebLinkAbout2013-160 Agrmt - Clean Energy Works OR
OPERATING AGREEMENT
BETWEEN
ASHLAND MUNICIPAL ELECTRIC UTILITY
AND CLEAN ENERGY WORKS OREGON, INC.
This Operating Agreement ("Agreement') is made as of this 27th day of June 2013 by
and between Ashland Municipal Electric Utility, an Oregon municipal utility
("Utility") and Clean Energy Works Oregon, Inc., an Oregon non-profit corporation
("Clean Energy Works"). Utility and Clean Energy Works are sometimes hereinafter
collectively referred to as the "Parties" and individually as a "Party."
RECITALS
1. Utility is a municipally owned utility operating within the municipal boundaries of
Ashland, Oregon.
2. Clean Energy Works was formed to serve as a platform for aggregating, managing
and deploying capital targeted for streamlined energy-efficiency upgrades across
Oregon. The Clean Energy Works program responds to the immediate need both to
create local jobs, address the financial barriers that discourage residential property
owners from adopting energy conservation, and the rising urgency of climate change.
3. Clean Energy Works simplifies the transformation of older homes into energy
efficient and livable homes by offering bundled energy remodel services to be
performed by contractors determined to be qualified by Clean Energy Works in
collaboration with Energy Trust of Oregon, utilities and financial institutions (the
"CEWO Program"). A cornerstone offering of the CEWO Program is qualified
homeowner access to 100% financing on attractive terms.
4. Utility desires to support the transformation of the whole home, deep retrofit energy
efficiency market in Oregon by promoting the CEWO Program and offering energy
efficiency measure incentives to its customers participating in the CEWO Program.
S. Clean Energy Works will deliver documentation on completed residential energy
efficiency projects to utility customers, including payment of rebates to contractors.
Utility will reimburse Clean Energy Works incentive dollars for implemented
measures, which meet utility incentive eligibility requirements.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Utility and Clean Energy Works agree as follows:
1. ROLES AND RESPONSIBILITIES
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1.1 CLEAN ENERGY WORKS. Clean Energy Works is responsible for developing
and delivering the CEWO Program to participants through a coordinated and
streamlined business process. Part of Clean Energy Works' delivery includes
coordination of loan capital from various sources, including public and private
partners, and developing one or more consumer loan products to be offered through
the CEWO Program. Clean Energy Works will manage the relationship with any and
all lending partners and will act as the single point of contact for Utility as it relates to
the CEWO Program. Utility will not have contractual rights or obligations connected
to the lending partners and specifically will not be responsible for developing,
implementing or monitoring loan capital requirements, underwriting criteria including
credit screening decisions, or repayment of any loans. Clean Energy Works will
cooperate with Utility and provide information or such other staff and technical
assistance as may be reasonably necessary for Utility to respond to, or otherwise
satisfy, any regulatory data requests or other requirements which may be imposed on
it by any federal or state statute, or regulation in connection with its participation in
the CEWO Program.
1.2 BUDGET. Utility will allocate an initial budget of $20,000. Projects completed and
projects obligated would be assigned to the initial budget. The budget will be
revisited on a quarterly basis.
1.3 INCENTIVES. As set forth in the Operating Procedures and Exhibit D of the
Operating Procedures, Utility agrees to pay to Clean Energy Works on a monthly,
basis or as otherwise set forth in the Operating Procedures, an amount equal to the
aggregate residential energy efficiency measure incentives, applicable to Utility
customers that completed the CEWO Program within the previous month. (the
"Aggregate Utility Reimbursement"). The Operating Procedures and Exhibit D detail
the eligible measures, evaluation and documentation necessary to determine the
Aggregate Utility Reimbursement.
1.4 INCENTIVE CHANGE NOTICE. Utility will inform Clean Energy Works of any
modifications to Utility eligible measures not less than 90 days prior to the receipt by
Clean Energy Works, of a signed bid from an eligible customer to which
modifications will be applicable.
1.5 ELIGIBLE CUSTOMERS AND MEASURES. Utility funds can only be used to
install eligible weatherization and mechanical measures, as defined by Utility, in
Utility heated homes, in Utility's service territory.
1.6 COMMUNICATION. The parties will communicate with each other in a timely
manner about any issues that could impede the implementation of the CEWO
Program, including any changes to residential energy efficiency measure incentives
offered by Utility.
1.7 OPERATING PROCEDURES. The Operating Procedures, attached to this
Agreement as Exhibit A and made a part of this Agreement by reference, set forth the
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agreement of the Parties relative to Utility's collaboration with the CEWO Program.
The Operating Procedures as they pertain to the CEWO product and customer product
delivery (Process 1-8) may be modified by CEWO with written notification to Utility.
The Operating Procedures as they pertain to delivery and exchange between the
parties (Process 9-10 and following) may be amended with the written consent of
both Parties.
1.8 MARKETING. Clean Energy Works and Utility will work in cooperation to evaluate
and develop co-marketing and co-branding opportunities and collateral, which are
mutually agreed upon by the parties. Utility and Clean Energy Works will collaborate
on the co-marketing and co-branding activities identified in the Operating Procedures.
Any marketing materials which refer to the other party, co-branded or otherwise, and
are to be published or posted publically, including on a parties website, must receive
prior written approval from the other party.
1.9 DATA SHARING COLLABORATION. In accordance with the reporting
obligations of the parties, Clean Energy Works and Utility will work together to
create an information sharing protocol, automated to the extent technologically
possible.
Clean Energy Works shall provide to Utility customer project details, including
homeowner name and address, energy savings, installed measures, construction costs
and CEWO incentives paid.
Participation in Clean Energy Works, requires homeowner signature on the Loan
Verification Form (see Attachment A) which contains the requisite permissions for
Utility to provide customer utility information referenced above.
2. TERM. The term of this Agreement shall begin on the Effective Date and will
continue until 1 year from the Effective Date, and may be extended by mutual written
consent or earlier terminated as provided herein (the "Term").
3. PARTICIPATION IN SIMILAR ACTIVITIES. This Agreement in no way restricts
Clean Energy Works or Utility from participating in similar activities with other
public or private agencies, organizations or individuals. Participation in this
CEWO Program in no way obligates Utility to support similar programs beyond the
scope of the CEWO Program.
4. PROGRAM COMMUNICATIONS. Utility and Clean Energy Works will designate
lead contacts within their respective organizations to further the terms of this
Agreement and to ensure ongoing communication and coordination. Either Party
may request periodic status meetings to discuss the general progress of the CEWO
Program and the results of participation.
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Utility Representative: Clean Energy Works Representative:
Adam Hanks Wendy Koelfgen
City of Ashland Clean Energy Works Oregon
20 East Main St. 3934 NE MLK Jr Blvd., Suite 204
Ashland, OR 97520 Portland, OR 97212
(541)552-2046 (503) 406-1115
hanksa@ashland.or.us wendy@cleanenergyworksoregon.org
5. CONFIDENTIALITY.
5.1 Confidential Information. Utility acknowledges that it and its employees or agents
may, in the course of performing their responsibilities under this Agreement, be
exposed to or acquire information that is confidential to Clean Energy Works or its
agents. To the extent allowed by ORS Chapter 192, any and all information of any
form obtained by Utility or its employees or agents in the performance of this
Agreement shall be deemed to be confidential information of Clean Energy Works
("Confidential Information"). Any reports or other documents or items (including
software) that result from the use of the Confidential Information by Utility shall be
treated with respect to confidentiality in the same manner as the Confidential
Information. Confidential Information does not include information that (a) is or
becomes (other than by disclosure by Utility) publicly known; (b) is furnished by
Clean Energy Works to others without restrictions similar to those imposed by this
Agreement; (c) is rightfully in Utility's possession without the obligation of
nondisclosure prior to the time of its disclosure under this Agreement; (d) is obtained
from a source other than Clean Energy Works without the obligation of
confidentiality, (e) is disclosed with the written consent of Clean Energy Works; (f) is
independently developed by employees or agents of Utility who can be shown to have
had no access to the Confidential Information; or (g) is a public record according to
the dictates of ORS Chapter 192 or does not benefit from an exemption therefrom.
5.1.1 To the extent the nature, interpretation or scope of confidential information is at
issue, challenged or otherwise subject to disclosure, pursuant to state or federal
public records laws, Clean Energy Works is responsible for any defense and costs
associated with any defense against such claim.
5.2 Non Disclosure. To the extent permitted by ORS Chapter 192, Utility agrees to hold
Confidential Information in strict confidence, using at least the same degree of care
that Utility uses in maintaining the confidentiality of its own confidential information,
and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose
of, give, or disclose Confidential Information to third parties, or use Confidential
Information for any purposes whatsoever other than the provision of services to Clean
Energy Works, and to advise each of its employees and agents of their obligations to
keep Confidential Information confidential. Utility shall use best efforts to assist
Clean Energy Works in identifying and preventing any unauthorized use or disclosure
of any Confidential Information. Without limiting the generality of the foregoing,
Utility shall advise Clean Energy Works immediately in the event Utility learns or
has reason to believe that any person who has had access to Confidential Information
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has violated or intends to violate the terms of this Agreement and Utility will at its
expense cooperate with Clean Energy Works in seeking injunctive or other equitable
relief in the name of Clean Energy Works or Utility against any such person. Utility
agrees that, except as directed by Clean Energy Works or those entities responsible
for the interpretation and application of ORS Chapter 192, Utility will not at any time
during or after the term of this Agreement disclose, directly or indirectly, any
Confidential Information to any person, except in accordance with this Agreement
and ORS Chapter 192, and upon termination of this Agreement or at Clean Energy
Works' request, Utility will turn over to Clean Energy Works all documents, papers,
and other matter in Utility's possession that embody Confidential Information.
5.3 Injunctive Relief. Utility acknowledges that breach of this Section 5, including
disclosure of any Confidential Information, will give rise to irreparable injury to
Clean Energy Works that is inadequately compensable in damages. Accordingly,
Clean Energy Works may seek and obtain injunctive relief against the breach or
threatened breach of the foregoing undertakings, in addition to any other legal
remedies that may be available. Utility acknowledges and agrees that the covenants
contained herein are necessary for the protection of the legitimate business interests
of Clean Energy Works and are reasonable in scope and content.
6. INTELLECTUAL PROPERTY.
6.1 "Intellectual Property" means inventions (whether or not patentable), works of
authorship, trade secrets, techniques, know-how, ideas, concepts, algorithms, and
other proprietary rights. Clean Energy Works and Utility shall each retain ownership
of, and all right, title and interest in and to, their respective, pre-existing Intellectual
Property ("Pre-Existing Intellectual Property"), and no license therein is granted on
an implied basis as a result of this Agreement. To the extent the Parties wish to grant
to the other rights or interests in Pre-Existing Intellectual Property, those rights and
interests will be expressly granted in one or more separate license agreements on
mutually acceptable terms.
6.2 Any Intellectual Property developed by Clean Energy Works in relation to the CEWO
Program shall be the exclusive property of Clean Energy Works. Any Intellectual
Property developed by Utility in relation to the CEWO Program shall be the exclusive
property of Utility. Utility and Clean Energy Works each represents and warrants,
one to the other, that their use or distribution of any Intellectual Property developed in
relation to the CEWO Program will not violate rights of others, including rights
relating to defamation, contract rights, copyrights, trade secret rights, patent rights,
and rights of privacy or publicity.
6.3 As part of performing the services under this Agreement, Utility may incorporate
Clean Energy Works approved references to, and information about, Clean Energy
Works in promotional materials prepared by Utility under this Agreement which will
require use of trademarks owned by Clean Energy Works (collectively, the
"Trademarks"). Clean Energy Works hereby grants to Utility a nonexclusive,
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nontransferable, royalty-free license to use the Trademarks in references and
information prepared in connection with the marketing materials developed in
compliance with the Operating Guidelines provided Clean Energy Works has
specifically approved the use. Utility recognizes that nothing contained in this
Section 7.3 is intended as an assignment or grant to Utility of any right, title, or
interest in or to the Trademarks or related goodwill. Upon expiration or termination
of this_Agreement, the license under this Section 7.3 will automatically terminate and
Utility shall no longer use the Trademarks in any respect.
7. INDEMNITY.
Clean Energy Works and Utility, to the extent Utility is limited under OR 30.260.400,
will indemnify, hold harmless, and defend the other party, and, its officers,
employees, agents, representatives, and affiliates (each an Indemnified Party) against
any and all losses, liabilities, damages, claims, suits, proceedings, judgments,
assessments, costs, and expenses (including interest and penalties), and including
reasonable attorney fees and expenses, incurred by the Party, and arising from (i)
negligent or wrongful acts or omissions of the Party or of its officers, employees,
agents, representatives, subcontractors, or affiliates of this Agreement. Such
indemnity shall cover any representations made directly or indirectly to customers by
the Party concerning energy usage, environmental impacts, property values, job
creations, reductions in carbon emissions or other effects or savings related to the
energy efficiency measures as well as arising from communications in any marketing
materials issued by the Party.
8. TERMINATION.
8.1 By Mutual Agreement. This Agreement may be terminated at any time upon mutual
agreement by both Parties.
8.2 For Breach. Either party may terminate this Agreement upon a breach of the
agreement, provided terminating parry provides written notice and a 30-day
opportunity to cure the breach to the other party. If the breaching party fails to cure
the breach, within the 30-day period, then the terminating party may terminate the
agreement. Failure to materially abide by the Operating Procedures, including any
operational procedures incorporated therein, shall be deemed a breach of. this
Agreement.
8.3 Immediate Termination. Either Party may terminate this Agreement immediately
upon written notice in the event that the other parry shall become subject to any
bankruptcy, assignment for creditors, corporate dissolution or similar proceeding.
9. COMPLIANCE. The Parties shall identify and comply with all applicable federal,
state and local laws and regulations, including any rules, regulations, orders or other
legal requirements made by any governmental authority. This includes, but is not
limited to, all applicable laws, rules and regulations governing affirmative action in
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employment, equal employment opportunities, non-discrimination, anti-harassment,
wage and hour, environmental consciousness and sustainability, health and safety,
taxes, corporate governance, general business, privacy, identity theft protection,.
transportation, drug, alcohol and controlled substance testing, or any other required
background checks or safeguards.
10. ASSIGNMENT. The Parties may not assign this Operating Agreement, in whole or in
part, voluntarily or by operation of law, without the prior written consent of the other
Party. The Parties agree not to unreasonably withhold such consent.
11. NOTICE. All notices required to be given under this Agreement shall be in writing,
signed by or on behalf of the party giving the same, and transmitted to the addresses
shown below or such successor addressees as that Party may specify by notice
hereunder. Such notices shall be transmitted by United States registered or certified
mail return receipt requested, or by email or fax. Any written notice shall be deemed
to have been given at the time it is sent addressed to the Parties as set forth herein:
Utility Representative: Clean Energy Works Representative:
Adam Hanks Wendy Koelfgen
City of Ashland Clean Energy Works Oregon
20 East Main St. 3934 NE MLK Jr Blvd., Suite 204
Ashland, OR 97520 Portland, OR 97212
(541)552-2046 (503) 406-1115
hanksa@ashland.or.us wendy@cleanenergyworksoregon.org
12. DISPUTE RESOLUTION.
12.1 If a dispute arises out of or relates to this Agreement, or the breach thereof, the
Parties agree to settle the dispute by the process described in this Section.
12.2 INTERNAL ESCALATION. Any Party may give the other Party written notice of
any dispute that cannot be resolved in the ordinary course of business. Any Party
may respond in writing to the notice of dispute. The written notice and response, if
any, shall be first submitted to a higher level of management than the persons with
direct responsibility for administration of this Agreement. If the higher level
management are unable to resolve the dispute within ten (10) days after delivery of
the notice, written notice of the dispute, and a statement indicating that higher level
management was unable to resolve the dispute, shall be submitted to executives of the
Parties having the authority to finally resolve the dispute. Within thirty (30) days of
delivery of the notice, the designated executives shall meet at a time, place and in a
manner that is mutually agreeable, and shall resolve the controversy. All reasonable
requests for information made by one party to the other shall be honored in a timely
fashion.
12.3 If executives of the Parties are unable to resolve the dispute within sixty (60) days
after receipt of the notice, or if the executives fail to meet within thirty (30) days of
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delivery of the notice, any Party may initiate subsequent proceedings as provided
herein.
12.4 ARBITRATION AND MEDIATION. If the Parties are unable to resolve a dispute
under the internal escalation process described above, then any Party may give
written notice to the other party of its intention to arbitrate. The Oregon Uniform
Arbitration Act ORS 36.600.740 shall govern these proceedings, unless other rules
are mutually agreed upon by the parties in writing. After arbitrators are selected, the
parties agree first to attempt in good faith to settle the dispute by mediation. If the
dispute is not settled by mediation with forty-five (45) days after delivery of written
notice of intention to arbitrate, or longer, if mutually agreeable, the mediation shall
terminate, and the dispute shall be settled by arbitration. The arbitrators' decision
shall be non-binding.
12.5 Nothing in this Agreement shall prohibit or limit a Party's right to initiate litigation
to enforce the arbitrator's award, or to obtain injunctive or equitable relief permitted
by the terms of this Agreement, or to preserve a superior position with respect to
other creditors.
12.6 All submissions and negotiations between the parties conducted pursuant to or in
contemplation of this dispute resolution process shall be kept confidential by the
Parties to the extent permitted by Oregon law, and treated by the Parties as
compromise and settlement negotiations for purposes of applicable court rules of
evidence.
12.7 GOVERNING LAW. The parties agree that this Agreement shall be construed
under and governed by the laws of the State of Oregon. Venue for any litigation shall
be in a state or federal court located in Multnomah County, Oregon.
13. INDEPENDENT CONTRACTORS. Clean Energy Works and Utility are
independent contractors under this Agreement, and nothing herein shall be construed
to create a partnership, joint venture, franchise or agency relationship between Clean
Energy Works and Utility. Neither Party has any authority to enter into agreements
of any kind on behalf of the other Party.
14. MISCELLANEOUS. This Agreement contains all of the terms and conditions of
the agreement between the Parties needed to initiate work on the development of this
CEWO Program offering and supersedes any other oral or written representations
regarding the subject matter described herein. Waiver by either party of any term,
condition, breach, right, or remedy under this Agreement shall not operate as, or be
construed as, a waiver of any other term, condition, breach, right, or remedy. If any
provisions of this Agreement shall be held invalid or unenforceable by a court of
competent jurisdiction, the invalid provision(s) shall not affect any other provision of
this Agreement. The Parties hereby accept all terms and conditions contained herein.
Electronic transmission of any signed original document, and the retransmission of any
signed electronic transmission, shall be the same as delivery of the original signed
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document. At the request of any party, a party shall confirm documents with an
electronically transmitted signature by providing an original document.
IN WITNESS WHEREOF, duly authorized representatives of the Parties have executed
this Agreement as of the date first written above.
CLEAN ENERGY WORKS OREGON INC. ASHLAND MUNICIPAL ELECTRIC
UTILITY
By: By:
Name: Derek Smith Name:
Its: Chief Executive Officer Its: Cr~j QrL+~w`
Attachment:
EXHIBIT A: Operating Procedures
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EXHIBIT A:
Operating Procedures
As noted in Section 1.7 of the contract, the Operating Procedures as they pertain
to the CEWO product and customer product delivery (Process 1-8) may be
modified by CEWO with written notification to Utility. The Operating Procedures
as they pertain to delivery and exchange between the parties (Process 9-10 and
following) may be amended with the written consent of both Parties.
Co-Marketing Procedures
To the extent mutually agreed to by the parties, Utility and Clean Energy Works
will coordinate on Clean Energy Works product messaging through Utility
customer communication channels including:
• Utility Email Blasts
• Utility Customer Newsletter
• Utility Website:
o Clean Energy Works description and web-link on Utility website,
Utility description and link on Clean Energy Works website. Utility
and Clean Energy Works marketing departments will coordinate on
content.
• Co-branded letter from Utility about Clean Energy Works
• Direct mail bill insert:
o Utility official correspondence will take precedence when needed
Clean Energy Works Program Delivery Plan
CEWO will provide the unique assembly of CEWO energy efficiency services to
all Utility customers who apply for and are eligible for the program.
Eligibility
Eligibility for the Clean Energy Works program includes homes, which are:
• Single family
• Detached
• Owner-occupied
• Pre-1993 construction
Process for Utility customers qualifying for Utility incentives:
1) Customer applies for Clean Energy Works
2) Customer is connected with their Clean Energy Works Your Project page
and offered the opportunity to complete a self-audit.
3) Assessment:
• Customer receives a free ($500 value) diagnostic home energy
assessment (including blower door and duct blast testing) with
Clean Energy Works Contractor.
• Contractor enters all data into the Clean Energy Works workbook
(Data Intake Sheet) and energy savings opportunities are identified.
• Clean Energy Works reviews the data for accuracy and provides
the Clean Energy Works Scorecard Report to homeowner through
Your Project (see below).
• Clean Energy Works Scorecard Report (Attachment A) details the
current conditions in the home and preliminary recommendations
for energy savings opportunities.
• Homeowner also receives the EAI Preliminary Report or Energy
Performance Score preliminary report, providing the homeowner
with an initial home energy score for comparison with the final score
once the upgrade is complete.
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4) Bids:
• Contractor prepares a bid, based on feedback from the
homeowner, which includes energy efficiency measures available in
the home and required contingency measures as individual line
items.
• Contractors enter the recommended measures into the Clean
Energy Works Workbook (Contractor Bid Template (CBT)). The
CBT:
L Captures all energy savings and non-energy savings
measures associated with the bid
ii. Calculates rebates and monthly costs based on selected
loan products
iii. Has built in logic, which corrects for exceeding available loan
amounts, correct available loan products, contingency level
percentages and project cost to incentives level percentage.
• Clean Energy Works Energy Advisor inspects the bid for:
i. Correct home and homeowner
ii. Measures consistent with assessed home conditions
iii. Cost outliers
• If the customer wishes to proceed with a scope of work, which does
not meet the minimum eligibility requirements for Clean Energy
Works, they will be referred to Utility programs to continue their
project outside of the program.
• The Energy Advisor prepares a Loan Verification Form (Attachment
B), which indicates the total project cost, Clean Energy Works
incentives, cash amount and final loan principal in addition to terms
and conditions authorizing Utility to direct Utility incentive dollars to
Clean Energy Works on behalf of the customer, which Utility
incentive dollars offset or reimburse the cost of the Clean Energy
Works incentives already paid to the contractor.
• The final bid is provided to the homeowner in Your Project.
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• Contractor obtains customer signatures on the final bid and the
Loan Verification Form.
5) Upgrade work is completed.
6) Clean Energy Works Energy Advisor performs Quality Review inspection
and completes Quality Review form (Attachment C).
7) Contractor obtains homeowner signature on final invoice.
8) Clean Energy Works provides Clean Energy Works incentive to customer
as a project cost reduction payment to contractor.
Clean Energy Works Base Incentives':
Whole Home Assessment Upgrade Independent
Energy Savings Incentive Incentive Inspection
15% $500 $750 $250
20% $500 $1000 $250
30% $500 $1250 $250
'Clean Energy Works upgrade incentives are limited to 25% of total
project cost
'Clean Energy Works may run periodic promotions, which include
additional rebate dollars for select applicants.
*Clean Energy Works upgrade incentives are subject to change. Utility will
be informed of Clean Energy Works incentive changes.
9) Clean Energy Works provides documentation to utility as mutually agreed
upon by the parties, possible including, Home Energy Assessment
(Attachment A), Final Bid, Loan Verification Form (Attachment B), Final
Invoice and Quality Review Form (Attachment C), Utility incentive forms to
Utility at completion of project.
10) Utility reimburses Clean Energy Works the aggregate earned customer
incentives, within 30 days of invoice receipt from Clean Energy Works for
the previous months completed projects.
Incentives
• Clean Energy Works will provide all project documentation described
above to Utility at time of project completion.
• Utility incentive form will be filled out by contractors and signed by
customer.
• Utility will not pay more than 100% of the cost of a particular measure.
• Utility will provide utility incentives for the measures, as incentive dollars
are available.
• Utility and Clean Energy Works agree that the Utility incentives listed in
Attachment D are currently available and applicable for Clean Energy
Works projects.
Ineligible Applicants and Cross Referral
• When an interested customer or applicant cannot qualify for Clean Energy
Works (not in an eligible property, can't reach 15% energy savings, not
eligible for financing, etc.) Clean Energy Works and its representatives
(contractors) will bridge the customer directly to Utility.
• All weatherization customers with Utility will be informed about Clean
Energy Works. Utility audits will deliver Clean Energy Works collateral
pieces.
• Clean Energy Works contractors will receive training materials and
collateral on Utility consumer offering in order to refer customers
interested in single measures or ineligible for Clean Energy Works to other.
Utility programs.
• Clean Energy Works and Utility will establish a system by which to report
to each other on referred customers who complete projects with the other
program.
• All customers reporting an eligible income for low-income weatherization
programs will confirm informed consent through CEWO application. Upon
the entry of an eligible income, automated messaging will surface,
informing customer of the possible availability of such programs. Customer
has the option to click to the applicable website for more information and
confirms that information was received to continue with the CEWO
application.
Attachment A: SAMPLE Clean Energy Works Scorecard Report
Attachment B: SAMPLE Loan Verification Form
Attachment C: SAMPLE Quality Review Form
Attachment D: Utility Incentive Schedule
Attachment A
clean PROJECT ID
WOrrG HOMEOWNER Bob Martin
LZJ ®reg®n REPORT DATE 11/21/2012
ADDRESS 565 Elgin, Bend, OR 97701 CEWO CONTRACTOR
YEAR BUILT 2011 SQUARE FOOTAGE 2400 Pro R; s
GAS UTILITIES Cascade Natural Gas Kalam484 Ko
azoo, 9(3 t
ELECTRIC UTILITIES Pacific Power T 313-363-56
tF
CURRENT CONDITIONS
ATTIC/CEILING INSULATION Insulated SPACE HEATING d,,,.., e - Standard
WALL INSULATION Insulated LI f icie '4' Z
FOUNDATION INSULATION Insulated LOPE In ESS 3 - Ik'
WINDOWS Double Pane ATER HEA ank Standar
ESTIMATED ANNUAL ESTIMATED ANNUAL
ENERGY COSTS BREAKDOWN ENERGY USE BREAKDOWN
Y' 1 'Yr~
6750--
-Y. 58% Heating/yr
6500 j '-R
I ❑ 18% H2O Heatingyr
$2501- - ❑ 3% Coolinglyr
❑ 21 % Appliances/yr
60
HEATING DUNG APP
H G
COST •C•
E IC 4 kWh/year $436 tyear 5.9 tonstyear
_ RAL GAS _ erms/year $1,149 /year 4.7 tons/year
P 0 g I/year $0 year 0 tonstyear
OIL 0 galtyear $0 year 0 tons/year
TOTAL
94 mmBtu/year $1,585/year 11 tonslyear
Lip
a • • "IIIIIIIIIIIIMeasured in tons of carbon dioxide per year. One ton = 2,000 miles driven by one car (typical 21 mpg car)
Carbon footprint of this home qP
15 0
t nsslyr amok amok a amah r N~ G_S tonssyr
WORST ® BEST
Similar size Oregon home
RECOMMENDED ENERGY UPGRADES
SEALING AIR LEAKS
You'd never leave a window open all year round but that can be-the equivalent of the many air leaks
around your home including gaps around pipes, windows, recessed lights and electrical outlets.
Individual leaks may seem minor, but when taken together hundreds of gaps can create a chimney-like
effect that pushes comfortable air up and out of your home, replacing it with air fir outside. Sealing
these gaps and cracks keeps the outside air outside and the comfortable air to heat or cool
inside.
ATTIC & CEILING INSULATION
Think of attic and ceiling insulation like a wool hat in the winter or a ball cap in the summer. In the winter,
r. .
attic and ceiling insulation keep the warm and cozy air you've heated from literally floating, up, up and
away, while in the summer they serve as a heat shield, protecting your home from the entless summer
sun. In both cases, when done in conjunction with sealing air leaks, a well insulated a ' - ceiling is
fundamental to keeping your home comfortable year round.
WALL INSULATION
Many homes were built before energy code a in place an a were built before modern
insulation was even invented. Not s gly th mes lack proper wall insulation. In terms of
a ,
square footage, the ext Is of a h largest thermal boundary. That's why it's so
important to have them p lated. insulation in your attic or ceiling, wall insulation
keeps the air you've paid t t inside, i rapping your home in a year-round blanket of
comfort.
FLOOR INSULATION
Cold air below your floors means cold feet for edr e a crawl space, a porch or an
unheated garage are exposed to outside tempera a nd radi mperature inside your home. In A
the winter, you'll feel it on a ou'II also be i the air you've just paid to heat. Floor '
insulation provides a therm b he ai s door tem s and keeps you from feeling like you're
walking on.ice.
SEALING & INSULATION
Le r poorly insulated ducts, waste energy like leaky pipes waste water. Both are bad but energy is a
of m xpensive than water. Ducts in an attic or crawl space can be the worst offenders leaking the air
u've paid to heat or cool before it even reaches you. Ensuring that your ducts are properly sealed and
/ sulated riot only ensures your ducts deliver more of that comfortable air where its supposed to go, but it
v also prevents the unhealthy air from your crawl space or attic from getting into your ducts and then into
the air you breathe.
HEATING
Most of your home's energy use can be traced back to your heating system. Old and outdated heating
systems are mechanical monsters that heat by brute force, wasting loads of energy and loads of your
hard earned money. Today's heating systems are more beauty than beast, using advanced technology
to efficiently deliver heat and comfort throughout your home. That means less energy wasted, lower
costs and greater comfort for you and your family.
WATER HEATING
Heating water is even harder than heating air. In fact, it takes an exponential amount of energy to heat
water an additional degree. So an inefficient water heater means wasting energy and wasting money.
Like home heating systems, today's water heaters have come a long way. No longer clunky and
inefficient, modern water heaters are elegant pieces of technology.
WINDOWS
Old windows mean drafts and discomfort. No surprise there. But old windows also allow noise, dust,
allergens and other unwanted intrusions to seep into your home. Upgraded windows seal out these
intruders, while special coatings can even keep your home cooler in the summer by filtering out
ultraviolet light. Not to mention, upgraded windows also provide greater security and can increase home
value.
LIGHTING & APPLIANCES
Seasons come and go but lights and appli d ev Inefficient 1' - Ibs and
appliances waste energy and cost yo a oney a ay of t ..S pp out your
incandescent light bulbs with Ener r qualified co . ct fluoresc - I s a low-cost and easy
step towards reducing your ener and you y bills. Do the s e with your old appliances by
replacing your refrigerator 'shwas machines with an Energy Smart model and you'll
soon see the difference ergy bi
SOLAR
Complement your energy efficiency upgrad with a state-of-t - so r heati or solar electric
system. A solar water heating system pr ater so yo riven a ater heating system
doesn't need to use as much energy. Go fa edr stem th converts the sun's
energy into electricity for your home.
Allb-
EALT
rbon m de, radon and allergens are often health and safety risks in homes with old or
rly installed equipment. Inadequate ventilation or exhaust fans that aren't strong enough to
re humidity or stale air can cultivate mold. Gas heating and water heating equipment that is not
van operiy can backdraft harmful carbon monoxide into your home. Upgrading your equipment and
nsu they are properly installed, ensure the air quality in your home will be safe for you and your
mily. All contractors that participate in Clean Energy Works are also trained in lead-safe building
ractices.
. clean
energy
works
Oregon cewo.org 855.870.0049
=e~GY Attachment B
owegon
Clean Energy Works Oregon Verification and Participant Agreement
Proposed Contractor Bid, CEWO Rebate and Loan Verification Form
This form is to be filled in by the CEWO Contractor in conjunction with the Participant Bid Review. Please anach the completed and signed Bid to this
form. (Please print dearly)
Energy Advisor Date
0 9/13/20
Clean Energy Works Oregon Contractor Dale
0 d 12
Homeowner / Participant umwa ae.... ....vow p,roaq%w. .m v,01-) Date
0 9/13/2012
Site Address
0 0 0000
Xwae laM5Ta1 G!y Lp
Energy Efficiency Savings Tier - Check applicable tier
215% Projected Energy Sa
220% Projected Energy Saving
230% Project rigs
Total Proposed Bid Amount
Cash Payment
CEWO Instant Rebate 0
gN/A
"A
gN/A
Reduced Loan A $0.00
The Energy Efficiency Savings Tier and Proposed Bid Amount li attached sal have been reviewed and verified by the
undersigned
Contractor:
0 9/13/2012
Authorized Representative for Contract Date
The Energy Efficiency Savings Ter, Propo otal C Rebates li above and the attached Bid Proposal have been reviewed
and verified by the undersigned:
CEWO Energy Advisor:
0 9/13/2012
Authorized RepreseTPd.d Energy Works Date
The Energy Effcien Bid Amount, nt, I CE WO Rebates listed above and the attached Bid Proposal have been reviewed
and verified by the aa to below t conditions and wishes to proceed with the energy efficiency measures identified in
the attached Bid Prby
participant:
P nature Date
Participant Signature Date
Partici Date
changes In prim fuel:
New heating system utl' Ej a ,ve,t aatrvy Gas ❑ Padfc l ❑ Portland General EleTnc
CEWO 81312012
101`2
Q eremrncY
woes
Dragon
[lean Energy Works Oregon Vedflcation and Pamd"nt Agreement
Participant Terms and Conditions
PARTICIPANT: Each person signing this form is a Participant. By signing this form, each Participant certifies that he/she is listed on the
real property title and utility amounts for the site address listed above (Owner of Record) and that no other person or entity, other than each
other Participant signing this form, if any, is an Owner of Record.
LOAN AMOUNT: Participant acknowledges and accepts that the actual loan amount will not exceed the loan amount stated above without
consent of all Participants signing this form. Automatic reduction of the loan amount may occur should the actual costs or the WO
Project fall below the Bid Proposal.
ACCEPTANCE: Notwithstanding anything to the contrary in the attached Bid Proposal and in addition to and not inste y provisions
as set forth in this document and any addendum documents, Participant agrees, acknowledges and understands t attached Bid
Proposal, its acceptance, including any form of final acceptance of Contractor's offer to perform the services de erem and an
contract between Contractor and Participant for the services described herein, are fully and entirely continge nditional upo
Participant receiving a final commitment for financing by a CEWO Program lender. In the case of Umpqua B inal comm a or
financing will be evidenced by a "Welcome Letter."
AGREEMENT: Participant acknowledges and agrees that this agreement and any required additional documentation, any
application information materials or home information documents, must be filled out completely, truthfully and accuratel ant is
advised to retain a copy of this agreement and any accompanying documentation submitted to the CEWO Program lends to the
CEWO Program. The CEWO Program lender will not be responsible for lost documentatio raining to this agreement. Det e
CEWO Loan are subject to change without prior notice.
CEWO REBATES: By participating in the CEWO Program, Participant understands, ackno d accepts that any available C O
Rebates for measures installed as part of the CEWO Project will be applied to%atr ction in of the CEWO Proje no event
shall the CEWO Rebates exceed the cost to Participant of the energy efficie stalle . ipant agrees t e forfeits
any participating utility incentives for measures installed as part of CEWO n.
PROPERTY RIGHTS: Participant represents that Participant has th complete an stall the an le measures on the
property on which those measures are to completed and/or instal that any races nsents have be 'ned.
VERIFICATION AND INSPECTION: Prior to any authorization to pr WO Re reduce the loan principal amount or to disburse
the loan funds to a Participant's Contractor, CEWO, or its nt, will ve th d energy efficiency measures meet the CEWO
requirements and, it so verified, issue a Certificate of C . NOW ANY KIND IS IMPLIED BY THIS VERIFICATION
PROCESS.
ASSIGNMENT: The Participant agrees to use borrowed urpose g energy efficiency upgrades to the home at the
site address listed above. All funds will be disbursed direc th ctor who ling the upgrades. Payment will be disbursed
upon execution of all loan documentation by Participant, co ion races fication by CEWO that the installed energy
efficiency measures meet the CEWO re uirements.
DISCLAIMER / NO LIABILITY: Part stands that th 6 O Pr nder and CEWO will provide the total proceeds of the
loan and the applicable CEWO Reb s directly to ontract form of payment for work completed and verified.
Neither CEWO nor the CEWO Progra i e in y for prop completion of that work or for proper performance of the
equipment installed in a Participant's he G O, r lender and other CEWO program delivery partners do not
guarantee energy savings results.
UTILITY BILL: Part a d CEWO Contractor a ands that loa proceeds will not be disbursed to the CEWO Contractor until the
Participant or CE acto vides the on-bill 'th an active utility amount number at the project address for the utility
providing the primar e e so or the home as or electricity) at the completion of the CEWO Project. To avoid delays
please provide this in tion to i rat leas ours prior to requesting disbursement of loan proceeds.
UTILITY USAGE AND NT ATI ipant agrees that Clean Energy Works and/or its representatives may access
P . is utility usage a ant history for a period of twelve months before and after completion of the energy efficiency
g e ticipant here it ec all utility companies serving the Participant's residence to release such usage data and payment history
t rgy Works an representatives.
TAX LIABILI7 - the Program lender and other CEWO program delivery partners are not responsible for any tax liability,
which m e the P is ant as a result of participation in the CEWO Program or any loan or financing obtained through the
CE r ..CE a CE Program lender and other CEWO program delivery partners are not providing tax advice, and my
m u ion by CE a CE O Program lender or other CEWO program delivery partners is not intended or written to be used, and
be used, for the ose of avoiding penalties under the Internal Revenue Code.
PROJ T INFO Tl • RELEASE: As used herein, "Project Information- may include name, address, ethnicity, gender, household size,
ever a tires installed and resulting energy-savings, cost of project, loan information (including name of lending institution,
credit ov ecline, loan amount, term, interest rate, payment schedule), FICO score, utility payment and usage data, household
income, debt to income calculation, property value, prior existing outstanding debt, and fact of any bankruptcy or foreclosure within previous
seven years. Participant agrees that the CEWO Program lender may disclose to CEWO and other CEWO Program service providers,
including, without limitation, project contractors, and CEWO may include some or all of Participant's Project Information in reports or other
documentation submitted to the CEWO Board of Directors, the City of Portland, the United Slates Department of Energy, participating local
governments, the Energy Trust Board of Directors, the Oregon Public Utility Commission, Oregon Department of Energy, the Oregon
Legislature and/or other interested parties. The CEWO Program lender may also share with CEWO Participant's personally identifiable
information, including social security number and date of birth, and CEWO shall hold any such information as confidential.
Attachment: Contractor Bid
CE WO 8/3/2012
2 oft
Attachment C
Q clean,
ervern;
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ATTACHMENT D
Ashland Conservation Division
Electric Utility Incentives - CEWO Program
Building Measure Measure Description Payment Method
Type ~ ~ ,
RO to R19-Existing attic insulation $ .59 per square foot insulated
must be less than RI 1.
Single Family Attic Insulation RO to R49-Existing attic insulation $ .85 per square foot insulated
must be less than RI 1.
R19 to R49 . $ .26 per square foot insulated
RO to R19-Existing floor insulation $ .65 per square foot insulated
must be less than RI I
Single Family Floor Insulation
R19 to R30-Existing floor insulation
must be greater than RI I and less than $ .12 per square foot insulated
or equal to RI 9.
Single Family Wall Insulation RO to RI 1-No existing wall insulation $ .61 per square foot insulated
may be present.
Single Family PTCS Duct Sealing System must be sealed and certified $500/unit
by PTCS technician.
Homes currently using permanently
*Ductless Heat Pump installed electric. resistance zonal
Single Family heating as the primary method of $1500/unit
home heating.
9.0 HSPF and 14.0 SEER ratings for
Single Family Ducted Heat Pump split systems. System must be $600/unit
commissioned by a certified PTCS
technician.
• Ducted Heat Pump must be BPA qualified unit. Multi Head units counts as one unit
CITY OF
ASHLAND