Loading...
HomeMy WebLinkAbout1995-148 Agrmt - Dept of EnergyOctober 3, 1995 DEPARTMENT OF ENERGY Dick Wanderscheid Energy Conservation Coordinator City of Ashland 20 East Main Street Ashland, OR 97520 Re: Agreement No. 197033 Enclosed is a signed original of the agreement between the City of Ashland and the Department of Energy. The effective date of the agreement is October 1, 1995. When invoicing the Department, please refer to the agreement number above and send billings directly to me for processing. If you have any questions, please call me at (503) 378-6968. Sincerely, ~Yan Simmons Contracts Coordinator Enclosure 625Marion Street NE Salem, OR 97310 (503) 378 4040 FAX (503) 373-7806 TolbFree 1-800-221-8035 INTERGOVERNMENTAL AGREEMENT Agreement No.I97033 This agreement is between the Oregon Department of Energy, hereafter called Agency, and the City of Ashland, hereafter called Contractor. This agreement shall be in effect from October 1, 1995 through October 1, 1996. I. Statement of Work The Statement of Work and delivery schedule are contained in Exhibit A attached hereto and by this reference made a part hereof. II. Consideration The Agency agrees to pay Contractor an amount not to exceed $40,000 for performance of this agreement. This payment shall be the sole monetary obligation of the Agency and the Agency's obligation to pay is limited by the provisions of Section XII, Termination. Payment of all operating costs, federal, state, county or city taxes/assessments and any other charges imposed by law upon employers shall be the sole responsibility of Contractor. Bo Interim payments shall be made in four equal installments on receipt and approval of Contractor's invoice. Contractor may submit an invoice quarterly beginning on execution of this agreement. C. All requests for payment must be submitted to: Jan Simmons Budget & Finance Oregon Department of Energy 625 Marion Street NE Salem, OR 97310 Do Contractor agrees to submit a final invoice for work completed under this agreement, not later than 45 days after the expiration date of this agreement. Due to restrictions imposed by the funding agency, the Department of Energy may be unable to pay invoices presented later than 45 days after the expiration date of this agreement. E. All requests for payment are subject to the approval of the Agency. Final payment will be made after final acceptance of all work. III. Publicity Any publicity or advertising regarding the work performed under this agreement must be approved by the Project Officer and must acknowledge the support of the Oregon Department of Energy and, if applicable, the federal grantor agency. -2- IV. Vo VI. VII. Project Officer The Agency has designated Gary L. Curtis as Project Officer for this agreement. Subcontracts Contractor is authorized to contract with the Ashland Chamber of Commerce for work to be performed under this agreement. Contractor shall not enter into any other subcontracts for any of the work scheduled under this agreement without obtaining prior written approval from the Agency. Changes No changes to or waivers of provisions of this agreement will be valid until they have been reduced to writing, approved and signed by both parties. Indemnity To the extent permitted by the Oregon Constitution and the Contractor's charter, the Contractor shall, within the limits of the Oregon Tort Claims Act, indemnify the State of Oregon and the Agency against any liability for damage to life or property arising from the Contractor's activity under this agreement. The Contractor shall not be required to indemnify the State or the Agency for any such liability arising out of the wrongful acts of the State or the Agency or the employees or agents of the State or the Agency. VIII. Excuses for Non-Performance IX. Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of public authorities, or delays or defaults caused by public carriers, which cannot reasonably be foreseen or provided against. Either party may terminate the agreement, effective with the giving of written notice, after determining such delay or failure will reasonably prevent successful performance in accordance with the terms of the agreement. Access toRecords The Agency, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Contractor and any subcontractors which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcripts. Retention of Records and Reports Contractor agrees to maintain records of costs and services provided to document the Project and fully support billings. All books, records and other documents relevant to this agreement shall be retained for: -3- XII. Three years after the end of the fiscal year during which they were created; or Any longer period which may be required to complete any audit or to resolve any pending audit findings. Termination Ao This agreement may be terminated by mutual consent of both parties, or by the Agency for any reason whatsoever upon 30 days' notice, in writing and delivered by certified mail or in person to Contractor. The Agency may terminate this agreement effective upon delivery of written notice to the Contractor or at such later date as may be established by the Agency, under any of the following conditions: If Agency funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the indicated quantity of services. When possible, and when agreed upon, the agreement may be modified to accommodate a reduction in funds. If federal or state regulations or guidelines are modified or changed in such a way that the services are no longer allowable or appropriate for purchase under this agreement. C. Any termination under paragraph A or B above of this Section shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. D. The Agency by written notice of default to Contractor may terminate the whole or any part of this agreement: 1. If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof; or If Contractor fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from the Agency, fails to correct such failures within 10 days or such longer period as the Agency may authorize. E. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Non-Discrimination Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. -4- XIII. Funds Available and Authorized The Agency certifies at the time the agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this agreement within the Agency's current appropriation or limitation. XIV. Signatures CITY OF ASHLAND OREGON DEPARTMENT OF ENERGY Title~~ Date ~'itle -- Date 197033.W51 September 5, 1995 Exhibit A STATEMENT OF WORK The City of Ashland will arrange for the placement of a Resource Conservation Manager (RCM) in the community. The Resource Conservation Manager will be the community's principal resource specialist in identifying energy efficiency and waste reduction opportunities. The RCM will work with the Department of Energy to select initial participants for the program. The responsibilities of the RCM are as follows: A. The RCM will assess the current resource consumption profile of each participant's facilities and identify user oriented energy efficiency and resource conservation opportunities. The RCM will establish an energy and resource accounting database and Energy Baseline for each participant using ENACT or FASER software. The database will include one year of billing history for each electric meter, natural gas meter, heating fuel oil account, water meter, and garbage account. The RCM will complete walk-through surveys of each participant's facilities using survey forms provided by the Agency. Following the initial surveys, two surveys per month will be completed on each participant's facilities according to the following schedule: a. One survey during normal operating hours. b. One survey in the evening after normal operating hours or other non-operating hours. As part of the survey process, the RCM will coordinate with the building head custodian or other responsible staff person to identify conservation oppommities. The RCM and the staff person will review the heating, cooling and lighting procedures at the facility compared to resource use guidelines established for program participants. Bo The RCM will report baseline consumption data to the owner/facility manager and the building staff. The RCM will assist in the development and implementation of plans to increase energy efficient operations and reduce natural resource consumption. Within 30 days following completion of the Energy Baseline, the RCM will meet with each owner/facility manager to review the Energy and Resource Conservation Savings Plan and the energy use guidelines adopted by the participants. 2. The RCM will recommend to the owner/facility manager a conservation savings goal to be adopted by the participants for all fuel types, water and solid waste reduction. Prepare monthly status reports which include an assessment of conservation savings for review by owners/facility managers, building staff and the program advisory committee. Page 2 Eo 1. The RCM will be responsible for two levels of reporting: a. Monthly reports to each owner/facility manager, site manager, and custodian or other responsible staff person listing current resource consumption as compared to the baseline year (both net use and weather adjusted). b. Monthly resource consumption and savings reports to the owner and business manager which provides overall net savings and weather adjusted avoided costs. Coordinate with the owners/facility managers to provide information and training for all staff at each facility alerting them to conservation opportunities. 1. Through one-on-one meetings with custodians or other appropriate staff, the RCM will instruct building operators regarding the operational guidelines established by the program participants. 2. The RCM will arrange O&M training for participant's personnel as needed. The training may be available at no cost to the participants. Develop a recognition program that encourages monthly monitoring of conservation savings and provides incentive for individual participants to achieve beyond minimum threshold levels.