HomeMy WebLinkAbout1983-045 Agrmt - BPA No DE-MS79-83BP91413(AUTHENTICATED COPY)
Contract No. DE-MS79-83BP91549
7/1/83
STREET AND AREA LIGHTING PROGRAM
CONSERVATION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER'ADMINISTRATION
and
THE CITY OF ASHLAND
Index to Sections
Section
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Definitions ..................................................
Term of Agreement ............................................
Exhibits .....................................................
Availability .................................................
Program Procedures ...........................................
Disposal .....................................................
Contractor Participation .....................................
Allocated Budget Share .......................................
Additional Budget Submittal Requirements .....................
Approved Budget Formulas .....................................
Payment Procedures ...........................................
Use of Bonneville Funds by the Contractor ....................
Program Records ..................................... . .........
Page
3
4
4
4
4
5
5
5
5
6
6
7
8
Section
14.
15.
16.
Program Reports ......................... l ....................
Notices and Other Communications .............................
Consideration ................................................
Exhibit A (General Conservation Contract Provisions) .........
Exhibit B (Reimbursable Conversions and Retrofits and
Payment Levels) ..............................................
Exhibit C (Allocated Budget Share) ...........................
Exhibit D (Approved Budget Formula) ..........................
Exhibit E (Payment Methods) ..................................
Exhibit F (Annual Energy Savings) ............................
Exhibit G (Referenced Documents) .............................
Page
8
9
10
4
4
4
4
4
4
4
This AGREEMENT, executed August 29 , 198_~_3, by the UNITED
STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE
POWER ADMINISTRATOR (Bonneville), and THE CITY OF ASHLAND (Contractor), a
municipal corporation of the State of Oregon,
WITNES SETH :
WHEREAS Bonneville is required by the Regional Act to acquire
cost-effective conservation and to implement cost-effective conservation
measures; and
WHEREAS Bonneville, to the extent conservation measures require direct
arrangements with consumers, is obligated by the Regional Act to make maximum
practicable use of its customers and local entities in administering and
carrying out such arrangements; and
WHEREAS the parties intend to jointly implement measures to achieve
reductions in electric power consumption as a result of increased efficiency
of energy use; and
2
WHEREAS Bonneville wiil pay the Contractor for Conversion or Retrofit of
certain existing Street and Area Lighting in accordance with the terms of this
Agreement;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Definitions.
ia) "Area Lighting"'means all outside Luminaires operating on at least a
dusk-to-dawn basis, other than Street Lighting, owned by an Electric Utility,
political subdivision of the state, or governmental jurisdiction, which
illuminate, and are reasonably intended to continue to illuminate areas.
(b) "Conversion" means the permanent replacement of a Luminaire and the
replacement of the Lamp.
(c) "Effective Date" means 2400 hours on the later of September 30, 1983,
or the last day of the month in which the Contractor executes this Agreement.
id) "Initial Budget Year" means the period commencing on the Effective
Date and ending on September 30, 1984.
(e) "Lamp" means the light source of a Luminaire. l
if) "Luminaire" means a lighting unit exclusive of the Lamp.
(g) "Operating Area" means that portion of the Contractor's service area
which is located within the Region.
ih) "Retrofit,' means the permanent replacement of a portion of the
constituent parts of a Luminaire and the replacement of the Lamp.
ii) "Street Lighting" means all outside Luminaires operating on at least
a dusk-to-dawn basis which are owned by an Electric Utility, political
subdivision of the state, or governmental jurisdiction, and which illuminate
and are reasonably intended to continue to illuminate any privately or
publicly travelled pedestrian or vehicular thoroughfare.
2. Term of Agreement. This Agreement becomes effective on the
Effective Date and shall ~ontinue in effect until 2400 hours on September 30,
1991, unless terminated earlier as provided herein. All obligations arising
from this Agreement shall be preserved until satisfied.
3. Exhibits. Exhibit A (General Conservation Contract Provisions),
Exhibit B (Reimbursable Conversions and Retrofits and Payment Levels),
Exhibit C (Allocated Budget Share), Exhibit D (Approved Budget Formula),
Exhibit E (Payment Methods), Exhibit F (Annual Energy Savings), and Exhibit G
(Referenced Documents) are hereby made a part of this Agreement.
4. Availability. The Program is available for Street and Area Lighting
in the Operating Area which was installed prior to September 15, 1981, and
which can be Converted to lower wattage ~high-pressure sodium (HPS),
low-pressure sodi. um (LPS), or metal halide (MH) vapor Luminaires or which can
be Retrofitted to accommodate lower wattage HPS, LPS, or MN vapor Lamps.
Photocells are not eligible for payment under this Agreement.
5. Program Procedures.
(a) The Contractor shall comply with the following procedures in
accomplishing Conversions or Retrofits:
(1) the Contracto~ shall establish material and installation
specifications for Conversions and Retrofits; and
(2) the Contractor shall certify, based on an inspection, that each
Conversion or Retrofit meets or exceeds the materials and installation
specifications established in accordance with paragraph (1) above.
(b) Conversions or Retrofits not specifically listed in Exhibit B may be
eligible for payment under this Agreement. The Contractor may submit a
written request for an additional Conversion or Retrofit to Bonneville. Such
r~quest shall contain the number, type, wattage, lumen level, and annual
burning hours of the Street or Area Lighting presently in place and of the
proposed additional Retrofit o~ Conversion. Bonneville shall notify the
Contractor in a timely manner whether such request has been approved,
disapproved, or contains insufficient information.
(c) Subsequent to the Effective Date, the Contractor shall not install
within the Operating Area mercury vapor, fluorescent, or incandescent lighting
which qualifies for Retrofit or Conversion under this Agreement unless bound
by a contract executed as of October 1, 1983, to provide mercury vapor,
fluorescent, or incandescent lighting service.
6. Disposal. Mercury vapor and fluorescent ballasts and incandescent
Luminaires removed during Retrofit or Conversion shall be destroyed.
7. Contractor Participation. Bonneville shall hold a contractor
participation meeting, in accordance with section 5 of Exhibit A, no less
frequently than once each calendar year during the term of this Agreement.
8. Allocated Budget Share. The Allocated Budget Share specified in
Exhibit C shall be available to the Contractor in accordance with Exhibit A.
9. Additional Budget Submittal Requirements.
(a) For purposes of this Agreement, the initial budget request must be
received by Bonneville no later October 31, 1983 in order to be considered
timely.
(b) In addition to the budget reguirements stated in Exhibit A, each
Budget Year request shall contain:
(1) the total number of Luminaires eligible for Conversion or
Retrofit as of December 5, 1980, and the number of each type, by wattage
or lumen rating, in the Contractor's Operating Area;
(2) the number of Retrofits and Conversions to date; and
5
(3) a projected schedule for Conversions or Retrofits anticipated
over the term of this'Agreement.
10. Approved Budqet Formulas. The Contractor's initial Approved Budget
for any Budget Year shall not exceed the amount determined in accordance with
Exhibit D for such Budget Year, unless Bonneville informs the Contractor, in a
given Budget Year, that Exhibit D does not apply.
11. Payment Procedures.
(a) Bonneville shall pay the Contractor for any Conversion or Retrofit to
lower wattage HPS, LPS, or MM vapor Luminaires or Lamps specified in Exhibit B
which were accomplished on or after the Effective Date. Bonneville shall pay
the Contractor for Retrofits or Conversions which are approved in accordance
with section 5(b) in the amount specified in such approval.
(b) The methods of payment available to the Contractor are set forth in
Exhibit E. Payments shall be made in accordance with the method, terms, and
procedures of the payment method selected in writing by the Contractor for the
first energy conservation agreement executed by the Co~trac%or which is
offered to %he Contractor on or after July 1, 1983. The Contractor may
request a change in the payment method by providing writ%eh notice to
Bonneville. Bonneville shall timely notify the Contractor in writing whether
or not such request is approved.
(c) The level of payment for each Conversion shall be the lesser of:
(1) the sum of:
(A) the fixed installation cost specified in Exhibit B for such
Conversion;
(B) the cost of the Luminaire determined by using a consistent
inventory valuation method; and
(C) the cost of the Lamp determined by using a consistent
inventory valuatio'n method; or
(2) the maximum reimbursement level .specified in Exhibit B for such
Conversion.
(d) The level of payment for each Retrofit shall be the lesser of:
(1) the sum of:
(A) the fixed installation cost specified in Exhibit B for such
Retrofit; and
(B) the material costs determined by using a consistent
inventory valuation method; or
(2) the maximum reimbursement level specified in Exhibit B for such
Retrofit.
(e) Bonneville shall pay the Contractor the amount specified in Exhibit B
for special incentives for Conversions or Retrofits to a wattage lower than
the wastage which is numerically listed for such Conversion or Retrofit in the
"To" column of Exhibit B. This amount shall be added ~o ~he fixed
installation cost for such Conversion or Retrofit and shall increase the
maximum reimbursement level, if necessary.
(f) Notwithstanding section 7(b)(1)(C) of Exhibit A, Bonneville shall pay
the Contractor the amount determined in accordance with Exhibit B for
Retrofits or Conversions which were accomplished on or after December 5, 1980,
and prior to October 1, 1982, and which are otherwise eligible for retroactive
reimbursement in accordance with section 7 of Exhibit A.
12. Use of Bonneville Funds by the Contractor. If a politi, cal
subdivision of a state or a governmental jurisdiction other than the
Contractor incurs all or a portion of the costs of a Conversion or Retrofit,
the Contractor shall reimburse it from the funds'the Contractor receives from
Bonneville as follows:
(a) if such political subdivision of a state or governmental jurisdiction
performs the installation it shall be reimbursed an amount, not to exceed the
fixed installation cost specified in Exhibit B, which reflects the percent of
the total installation costs incurred by such political subdivision of a state
or governmental jurisdiction; and
(b) if a political subdivision of a state or a governmental jurisdiction
purchases materials for Conversions or Retrofits it shall be reimbursed for
the actual cost of such materials, not to exceed the maximum materials
repayment specified in Exhibit B.
13. Program Records. The ContractOr shall maintain a record-of the
following information:
(a) the number and type of Conversions or Retrofits;
(b) the date and location of each Conversion or Retrofit;
(c) the date of inspection of each Conversion or Retrofit;
{d) supporting documents and records necessary for verification of costs
reimbursed by Bonneville;
(e) material and installation specifications for Conversions and
Retrofits; and
(f) supporting documents and records necessary to verify that the
requirements of section 6 and section 11 have been satisfied.
1¢. Program Reports. The Contractor shall submit completed monthly
reporting forms, referenced in Exhibit G, for each calendar month of this
Agreement no later than the 15th day of the month following the calendar month
for which reporting is being submitted. However, monthly reporting forms for
September shall be submitted by October 10.
8
15. 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:
I f to Bonnevi 11 e:
If to Contractor:
Bonneville Power Administration
Eugene District - OPG
Room 206, U.S. Federal Building
211 East 7th Street
Eugene, Oregon 97401
Attn: Ray A. Wiley, Public Utility Specialist
(503) 687-6955
The City of Ashland
City H~ll
Ashiana, uregon ~/bZU
Attn: D. Wanderscheid-Conservation Coordinator- 482-3211
'(Nam~and/or Title)(Phone Number) .,,
16. Consideration. Exhibit F shall be used to determine the useful life
of Measures for payment in accordance with section 35 of Exhibit A.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
UNITED STATES OF AMERICA
Department of Energy
By
/s/ Peter T. Johnson
Bonneville Power Administrator
THE CITY OF ASHLAND
ATTEST:
By /s/ Robert D. Nelson
Title
Date
Acting City Recorder
Aug. 31, 1983
(WP-PKI-1812c)
By
Title
Date
/s/ L. Gordon Medaris
Mayor-~
August 29, 1983
10
DRAFT
GCCP Form CONS-1
GENERAL CONSERVATION CONTRACT PROVISIONS
Exhibit A
7/1/83
Section
Index to Sections
Page
I. RELATING TO ALL CONTRACTORS
IN REFERENCE TO MEANING
1. Definitions .............................................
2. Interpretation ..........................................
3. Entire Agreement ........................................
4. Amendment of Agreement~ .................................
5. Contractor Participation .... . ............................
1
3
4
4
6
IN REFERENCE TO PAYMENTS
6. Submittal and Approval of the Contractor's Budget .......
7. Payment .................................................
8. Limitation of Progra~ Funds .............................
g. Other Sources of Funds .................................
7
10
1Z
13
Co
IN REFERENCE TO PROGRAM OPERATION
lO. Arrangements with Consumers and Contractors .............
ll. Publicity and Advertising ...............................
14
14
Secti on
Index to Sections (Continued)
12. Contractor Coordination .................................
13. Suspension ..............................................
1¢. Termination .............................................
16
18
IN REFERENCE TO PROGRAM REVIEW
lB. Program Records .........................................
16. Program Financial Audits, Monitoring Reviews,
or Finanancial Compliance Reviews .....................
l?. Evaluation ..............................................
18
19
2O
MISCELLANEOUS PROVISIONS
18, Notices and Other Co~mmnications ......... .. ..............
lg, Indemnification ........................ ~ ................
20. Disclaimer of Liability .................................
21. Assignment of Agreement .................................
22. Governing Law ...........................................
23. Cooperation with the Council ............................
24. Dispute Resolution and Arbitration ......................
2B. Severability ............................................
21
21
21
22
22
22
24
PROVISIONS REQUIRED BY STATUTE OR EXECUTIVE ORDER
26. Contract Work Hours and Safety Standards .................
27. Convict Labor ...........................................
28. Equal Employment Opportunity ...... ......................
24
26
ii
Secti on
Index to Sections (Continued)
Pac.:je
29. Interest of Member of Congress ..........................
30. Bonneville's Obligations Not General
Obligations of the United States ......................
31. Other Statutes, Executive Orders, and Regulations .......
II. RELATING ONLY TO ELECTRIC UTILITIES
28
28
28
IN REFERENCE TO PAYMENTS
32. Conservation Charge ....................................
29
IN REFERENCE TO PROGRAM OPERATIONS
33. Arrangements With Other Entities .......................
34. Bonneville Coordination With Electric Utilities ........
35. Consideration ..........................................
33
33
34
(WP-PKI-1612C)
iii
I. RELATING TO ALL coNTRACTORS
A. IN REFERENCE TO MEANING
1. Definitions.
(a) "Allocated Budget Sham" means a specified sham of the initial
Program budget, determined as described in this Agreement, available to the
Contractor prior to completion of the budget approval process.
(b) "Alternate Charge" means the charge as determined by the methodology
developed in the wholesale power rate adjustmen~ process reflecting the
Contractor's allocation of conservation costs to be collected outside of
Bonnevi 11 e whol esal e power rates and associated with Bonneville conservation
expenditures made prior to the effective date of an election by the Contractor
to pay an Alternate Charge..
(c) "Approved Budget" means the amount which Bonneville shall reserve,
subject to section 8, for payment to the Contractor in accordance with this
Agreement during a Budget Year.
(d) "Billing Period" means a period of no more than 12 months.
(e) "Budget Year" means Initial Budget Year or Subsequent Budget Year, as
appropri ate.
(f) "Conservation" means any reduction in Electric Power consumption as a
result of installation of direct application renewable resources or of
increases in the efficiency of electric energy use, production, or
di stri buti on.
(g) "Conservation Charge Methodology" means a scheme for calculating and
assessing conservation charges.
(h) "Consumer" means any end user of Electric Power in the Region.
(i) "Consumer Incentive" means any payment made to or financial benefit
received by a Consumer in accordance with this Agreement.
(J) "Contract Charge". means the charge as determined by the methodology
developed in the wholesale power rate adjustment process reflecting the
Contractor's allocation of conservation costs to be collected outside of
Bonneville wholesale power rates for periods when the Contractor has not
elected the Alternate Charge.
(k) "Contractor" means the party to this Agreement other than Bonneville.
(1) "Contractor Costs" mean all costs, other than Consumer Incentives,
which are payable by Bonneville for the implementation and administration of
this Agreement.
(m) "Council" means the Pacific Northwest Electric Power and Conservation
Planning Council established in accordance with Section 4 of the Regional Act.
{n) "Effective Date" means that phrase as it is defined in the body of
this Agreement.
"Electric Power" means electric peaking capacity, or electric energy,
(o)
or both.
(p)
"Electric Utility" means either a utility which signs a firm
requirements power sales contract with Bonneville and which sells Electric
Power to Consumers in the Region, or a regional Federal agency customer of
Bonnevi 11 e.
(q) "Financial Audit" means a complete interim closeout or final closeout
audit of the records specified in the body of this Agreement.
(r) "Initial Budget Year" means the period con~nencing on the Effective
Date and ending on September 30 of the year specified in the body of this
Agreement.
(s) "Installer" means an individual, partnership, corporation, or other
entity, other than the Contractor, which installs Measures covered by this
Agreement.
(t) "Measure" means the installation or distribution of materials or
devices or the provision Of services which are described in this Agreement and
are intended to accomplish Conservati on.
(u) "Operating Area" means those portions of Electric Utility service
areas which are located within the Region and within which the Contractor may
operate in accordance with this Agreement.
(v) "Plan" means the Regional Electric Power and Conservation Plan,
including any amendments thereto, adopted in accordance with the Regional Act.
(w) "Program" means the Measures and procedures set forth in this
Agreement.
(x) "Rate Adjustment Date" means any date as specified by Bonneville in a
notice of intent to file revised rates as published in the Federal Register;
except that such date shall not occur'earlier than g months from the date that
such notice of intent is published or 12 months from any previous Rate
Adjustment Date.
(y) "Region" means the same as defined in the Regional Act, including any
amendments thereto,
(z) "Regional Act" means the Pacific Northwest Electric Power Planning
and Conservation Act, Public Law g6-501.
(aa) "Subsequent Budget Year" means a period, other than an Initial Budget
Year, contnencing on October 1 and ending the following September 30.
2. I nterp retati on.
(a) The provisions in this Exhibit shall be deemed to be a part of this
Agreement. If a provision in the body of this Agreement is in conflict with a
provision contained in this Exhibit, the former shall prevail.
(b) Except as provided in section 24, nothing contained in this Agreement
shall, in any manner, be construed to abridge, limit, or deprive any party
3
hereto of any remedy, either at law or in equity, for the breach of any of the
provisions of this Agreement.
(c) Only BonnevJlle's contractJng officer, or the contractJng officer's
representatJve designated tn w~:~ng, shall ~ssue ~nterpmtatlons of ~hJs
Agme~nt which are bJnding upon Bonneville. Such ~nte~reta~Jons shall be Jn
writing and shall be d~str~bu:ed ~o each contractor whtch Js a pa~y ~o an
agme~nt con~a~nJng the p~v~s~on being ~n:e~re[ed. All such
~nterpmta:~ons shall also be available for revJew at each Bonneville
Ama/DJ s~ri ct Off~ce.
3. Enttm Agreement. Th~s Agme~nt sets fo~h the ent~ agreement of
the pa~ies and supersedes any and all prJor agme~nts w~th msp~[ to ~he
sub~: matter of th~s Agme~nt. The r~gh:s and obligations of the pa~Jes
hereunder shall be sub~t ~o and governed by th~s Agme~nt. The headJngs
used hemJn am for convenient reference only and shall not affec~ [he
~nte~m~at~on of this Ag~en~.
4. ~end~nt of A~ree~nt.
(a) Except as provided tn subsections (b), (c), (d), and (e) below, the
pmv~s~ons of th~s Agme~nt may be a~nded only by mutual ag~e~nt of the
pa~es after co~let~ng the follow~ process:
(1) d~s:r~but~on of a copy of the proposed a~n~nt for ~v~ew and
count ~o al~ contractors whose agreement would be modified by the
proposed amendmnt;
(2) good faith negotiations be~een Bonneville and the Contractor ~n
accolade wtth s~t~on 5; and
(3) offer of the a~ndment to al~ contractors whose agreement would
be ~d~f~ed by the proposed a~nd~nt and.effective on the date sp~f~ed
there~ n.
Except for amendments issued under subsections (b), (c), and (d) below,
changes to more than one subject shall be issued in separate amendments,
unless otherwise agreed by the parties.
(b) Bonneville may, in order to assure that conservation is acquired
under this Agreement within the cost-effective limits of the Regional Act,
revise Consumer Incentives, Contractor Costs, Measures, or the method for
calculating energy savings to be produced by the installation of Measures.
Bonneville shall provide all contractors whose agreement would be modified by
the amendment with a copy Of the amendment, accompanied by a detailed
explanation of the reason the a~endment is necessary. Such contractors shall
have at least 30 days from the date of receipt of the notice within which to
comment on the amendment. Within a reasonable time after the expiration of
such 30-day period, and after discussing the amendment as an agenda item at a
meeting held in accordance with section 5, Bonneville shall consider the
comments and revise the amendment, if appropriate. If Bonneville then issues
an amendment, it shall be issued to all such contractors concurrently. The
amendment shall then be attached hereto and made a part of this Agreement.
The amendment issued by Bonneville shall provide for a one-time reimbursement
to the Contractor, stated as a specific amount, for the reasonable cost, if
any, of incorporating the subject matter of the amendment into the
Contractor's operation under this Agreement.
(c) If Bonneville determines that the implementation of all or a portion
of the Program presents a health or safety threat, Bonneville shall notify the
Contractor in writing of the health or safety threat and provide the
Contractor with a proposed amendment to mitigate the health or safety threat.
Bonneville shall provide, along with the proposed amendment, a.detailed
description of the health or safety threat that it perceives and a list of the
scientific, medical, or other references upon which Bonneville bases its
determination. The Contractor shall have 30 days from the date of receipt of
the notice within which to conmmnt on the proposed amendment. Within a
reasonable time after the expiration of such 30-day period, Bonneville shall
consider the con~nents, and revise the proposed amendment as necessary to
mitigate the health or safety threat. If Bonneville then issues such
amendment, it shall be attached hereto and made a part of this Agreement.
Bonneville shall reimburse the Contractor for reasonable increases i n the
costs of operating this Agreement to the extent caused by such amendment.
Such reasonable increases shall be incorporated in such amendment.
(d) Materials may be incorporated in this Agreement by reference. Such
materials shall be changed in accordance with subsections (b) or (c) above, as
appropriate. However, if the change is issued, it shall be incorporated in
this Agreement by reference.
(e) Bonneville shall approve any change in compensation due to payment of
reasonable costs in accordance with section 13(e) or ~ection 17 by written
notice to the Contractor.
(f) Each amendment provided in accordance with this section shall specify
an effective date, which shall be no earlier than 4 calendar months from the
date of offer or issuance, as appropriate.
5. Contractor Participation.
(a) Bonneville and those current and prospective contractors that desire
to participate shall meet no less frequently than is provided in the body of
this Agreement, to conduct periodic review of this Agreement, to discuss
questions of interpretation of this Agreement, to negotiate amendments in
accordance with section 4(a), to discuss amendments in accordance with
sections 4(b) and (c), and to discuss changes to materials incorporated in
this Agreement by reference in accordance with section 4(d).
(b) Bonneville may, either on its own initiative, or upon the request of
a contractor, call meetings more frequently than is provided in the body of
this Agreement. 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 effected as provided in section 4.
B.' IN REFERENCE TO PAYMENTS
6. Submittal and Approval of the Contractor's Budget.
(a) Allocated Budget Share. At the time this Agreement is initially
offered, Bonneville shall advise the Contractor of its Allocated Budget
Share. If Bonneville receives this Agreement, signed by the Contractor, no
later than 4 calendar months after its initial offering, such Allocated Budget
Share shall be available to the Contractor for 4 calendar months commencing on
the Effective Date.
(b) Timely Budget Requests. Budget requests for the Initial Budget Year
which are received by Bonneville no later than 4 calendar months after the
initial offering of this Agreement shall be considered timely. Budget
requests for each Subsequent Budget Year which are received by Bonneville no
later than May 1 preceding such Subsequent Budget Year shall be considered
timely.
(c) Untimely Bud~pt 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 funds remain available following the approval of timely budget
requests.
(d) Budget Submittal Requirements. Budget requests shall:
(1) state the Contractor's expected units of accomplishment for the
Budget Year;
(2) separately identify Contractor Costs and Consumer Incentives;
(3) Include quarterly estimates of the items specified in
paragraphs (1) and (2) above;
(4) include a non-binding estimate of the items specified in
paragraphs (1) and (2) above for the year subsequent to the Budget Year;
(5) include a work Plan which describes the methods and procedures
the Contractor intends to use to achieve the Contractor's expected units
of accomplishment for the Budget Year, if the Contractor has not
previously operated a similar conservation program; and
{6) conform to any specific requirements for budget requests
contained in this Agreement.
(e) Budget Approval. Bonneville shall 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. The Approved Budget shall replace the Allocated Budget
Share in the initial Budget Year. Bonneville shall approve the Contractor's
entire timely budget request if:
{1) funds are available to meet the Contractor's budget request and
all other timely budget requests;
8
(2) the budget request meets the requirements of subsection (d)
above;
(3) the Contractor has either demonstrated its ability to complete
the expected un, ts of accomplishment contained in its budget request, or,
if the Contractor has not previously operated a similar conservation
program, the Contractor has described in a work plan a satisfactory method
for achieving the units of accomplishment for the Budget Year; and
(4) the requested amount ts w~th~n the amount determined by applying
any approved Budget formula contained ~n this Agreement.
[t: all of the Contractor's budget request ts not approved, Bonneville
shall advise the Contractor in w~iting of its Approved Budget and the reasons
for not approving the entire budget request.
(f) Budget Adjustments.
(1) [f less than the entire amount*of a budget request is approved,
Bonneville may subsequently approve a larger amount~ not to exceed the
amount recluested, and shall notify the Contractor* as soon as possible of
its new Approved Budget.
(2) At any t~me du~ing a Budget Year, the Contractor may request and
Bonneville may agree to increase the Contractor's Approved Budget for such
Budget Year; however, Bonneville shall not increase the Contractor's
Approved Budget unless it has approved tn their entirety, all t~mely
submitted budget requests,.or has approved a lesser amount of budget
requests by reason of subsection (e) above, or because contractors have
agreed to take less than the amounts recluested. Bonneville shall consider
requests for increases in Approved Budgets and, to the extent approval is
given, shall approve them ~n order of their receipt by Bonneville.
(3) If, during any Budget Year, the Contractor fails to achieve
80 percent of its quarterly units of accomplishment as stated in 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 accomplish
its estimated units of accomplishment during the remainder of the Budget
Year.
7.
(a)
Payment.
Current Payment Amounts. Subject to sections 6, 8, and g, Bonneville
shall pay the Contractor the amount determined in accordance with this
Agreement for Measures completed on o~ after the Effective Date.
(b) Retroactive Payment. Subject to sections 8 and 9, the following
requirements shall apply to measures installed or completed under a contractor
program which are authorized for retroactive payment in this Agreement:
(1) Conditions.
(A) A measure installed or completed prior to the date such
measure was offered to contractors in a Bonneville conservation
agreement must be "similar" to a Measure included in this Agreement.
"Similar" means that a measure accomplishes the same purpose as a
Measure included in this Agreement and, to a reasonable degree of
ce~tdinty, is anticipated to achieve energy savings comparable to the
savings expected from such Measure. The calculation of energy
savings shall be made on the same basis as is used in this Agreement.
(B) A measure installed or completed after the date such
measure was offered to contractor~ in a Bonneville conservation
lO
agreement shall achieve Conservation to an equal or greater degree
than i s achieved by Measures in the most recent Bonnevi 11e
conservation agreement offered to contractors at the time such
measures were installed or completed, and shall otherwise
substantially conform to or exceed the materials and installation
specifications referenced therein. The calculation of energy savings
shall be made on the same basis as is used in such agreement.
(C) Retroactive payment periods shall begin no earlier than the
later of Oecember 5, 1980, or the date the 'Contractor became a party
to a firm requirements power sales contract with Bonneville.
(2) Procedures.
(A) Retroactive reimbursement requests shall be received by
Bonneville no later than one'year after the date such measure becomes
eligible for retroactive payment in accordance with this Agreement.
Retroactive reimbursement requests shall be made on the same request
form for all measures which become eligible for payment on the same
date. Bonneville shall consider requests for retroactive
reimbursement in order of their receipt.
(B) The Contractor shall request retroactive reimbursement in
the same format used for current payments. Such request shall
indicate clearly that it is for retroactive reimbursement.
(C) Within 60 days after receipt of a claim for retroactive
payment, Bonneville shall advise the Contractor whether or not the
claim is complete and otherwise complies with the terms of this
Agreement. With respect to any incomplete claim, Bonneville shall
provide, within the same 60-day time period, a written explanation of
the reasons the claim is incomplete and allow the Contractor a
ll
reasonable period of ttme to correct and resubmit such portion of the
recluest. ~/hen the claim is complete and otherwise complies with the
terms of this Agreement, Bonneville shall approve payment to the
extent funds are available in the current Budget Year. The unpatd
balance of the approved retroactive payment claim shall be paid
within 1 calendar year of the next Rate Adjustment Date ~hich occurs
after the date the Contractor is notified the claim is complete.
(c) ~lhen Bonneville has paid under another agreement for the installation
or completion of a pleasure or a measure ~hich meets the requirements of this
section, no payments shall be made ~ith respect to such Heasure or measure
under this Agreement.
(d) Provisional Payments. Paymenl~s made by Bonneville in accordance w~th
this Agreement shall be subject to adjustment until the claims on which such
payments are based have been f~nally approved in a Financial Audit.
8. Limitation of Program Funds.
(a) Bonneville shall notify the Contractor in w~iting upon determining
that sufficient funds may not. be available either to make retmacttve payments
in accordance with section 7(b), or to continue funding to the maximum of the
Approved Budget. Such written notice shall be g~ven at least 120 days before
the date of projected unavailability of funds. Bonneville shall use its best
efforts, consistent w~th the prudent exercise of its fiscal ~esponsibilities,
to obtain fu~her funds to pay the amount indicated in the Approved Budget.
In the event of such notice, the Contracto~ shall use its best efforts to
minimize the compensation payable under t,his Agreement..
(b) ~H~htn the 1;oral amounts established in the Contractor's Approved
Budget, Bonneville shall pay for Pleasures that are completed within 3 calendar
months following the date such written notice is received and for which timely
12
claims are received by Bonneville. Claims shall be considered timely if
received by Bonneville wtthin the period specified in such written notice,
which shall be no sho~er 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 (a) above.
9. Other Sources of Funds.
(a)- Bonneville may reduce Contractor Costs or Consumer Incentives so as
to limit the total reimbursement, to the Contractor or to the Consumer, from
all governmental sources as indicated tn paragraphs (1) and (2) below. The
Contractor shall tnqutre whether reimbursement has been received from
governmental sources by the Contractor or b.y a Consumer prior to making a
claim for Contractor Costs or Consumei- Incentives in accordance with this
Agreement. Should the Contractor be aware of such other sources of payment,
it shall notify Bonneville. Bonneville shall then consult with the Contractor
to detemine if reduction of future Consumer Incentives or Contractor Costs Is
appropriate.
(1) Consumer Incentives may be reduced so that the total
governmental reimbursement to the Consumer is limited to the actual cost
of the Measure or the Consumer Incentive.
(2) Contractor Costs may be reduced so that the total governmental
reimbursement to the Contractor is limited to the Contractor Costs payment.
(b) Bonneville funds shall not supplant funds from governmental sources
that were previously spent for Measures which would otherwise qualify for
payment in. accordance with this Agreement.
(c) If the Contractor is a governmental entity, this section applies only
to the extent that either the Contractor or the Consumer receives or has
13
received funds from another governmental entity which are used in carrying out
the Program.
(d) Tax credits are not considered funds or reimbursements for purposes
of this Agreement.
C. IN REFERENCE TO PROGRAM OPERATION
10. Arrangements with Consumers and Contractors. The Contractor shall
not unreasonably discriminate among Consumers in implementing this Agreement.
Bonneville shall not unreasonably discriminate among contractors in
implementing this Agreement.
ll. Publicity and Advertisi~.
(a) Bonneville may inform the general public within the Region of the
existence of the Program encompassed by this Agreement by such means as press
releases, speeches, public service announcements, or the like. When
applicable, such information shall indicate that the availability of the
Program may vary from area to area.
{b) Bonneville may inform the general public within the Region of the
Program by advertising. Bonneville shall inform and coordinate with affected
contractors prior to advertising the Program. When applicable, such
information shall indicate that the availability of the Program may vary from
area to area. _
Further, if such advertisements specifically indicate that the Contractor
is a party to this Agreement, Bonneville shall coordinate the type of
advertising needed with the Contractor and confirm that the Contractor is
prepared to implement this Agreement prior to advertising.
14
(c) In carrying out activities authorized under subsections (a) and (b)
above, Bonneville shall not, without prior approval of the Contractor:
(1) directly solicit participation in a Contractor's Program by the
Contractor's Consumers; or
(2) mail informational materials to ~he Contractor's Consumers
regarding a Contractor's Program.
(d) Bonneville may, at its expense and upon request of the Contractor,
make available to the Contractor informational materials regarding the
Programs.
{e) The Contractor shall advertise or publicize each Program to the
extent necessary to stimulate Consumer interest. If the Contractor is an
Electric Utility, such advertisement or'publicity shall be subject to any
limitations on expenditures recoverable through rates established by the
Contractor's regulatory body.
(f) The Contractor shall not include in Program advertising or publicity
any representations concerning: (1) warranties; or (2) the terms of financing
which are offered to Consumers by Bonneville through the Contractor, without
Bonneville's prior approval. Any such representations shall be sent to
Bonneville for review and shall be deemed approved unless objected to in
writing within 15 days after receipt.
12. Contractor Coordination
(a) The Contractor shall provide, in a timely manner, the actual or
estimated kilowatt or kilowatthour savings resulting from this Agreement to
each Electric Utility whose load is affected by implementation of this
Agreement, upon the written request.of such Electric Utility.
(b) Bonneville shall provide all interested entities the opportunity to
attend, observe, conanent on, and where appropriate, participate in the
15
written notice is received, Bonneville may either suspend all or a portion of
the Program in this Agreement, effective upon receipt of written notice by the
Contractor, or Bonneville may terminate this Agreement in accordance with
section 14(c). If the Program has been suspended, Bonneville shall notify the
Contractor in writing of the date that Program suspension is lifted, upon
verifying that the nonconformance has been corrected.
(c) In~nediate Suspension of Payment. If Bonneville has mason to believe
that the Contractor is claiming payment for activities which do not conform to
the mquimments of this Agreement, Bonneville may, effective upon oral
notification to the Contractor, in~nediately suspend all or a portion of
payment for such activities under this Agreement, and for any other activities
for which payment is claimed on. the same form while the process in either
subsections (a) or (b) above i.s completed. Bonneville shall issue written
confirmation of such suspension of payment to the Contractor on the same day
that oral notification is given. Following the completion of the process
described in either subsections (a) or (b) above, and'unless this Agreement is
terminated as described in subsection (b) above, Bonneville shall notify the
Contractor in writing of the date that suspension of payment is lifted.
(d) After a suspension imposed under subsections (a), (b) or (c) above is
lifted, Bonneville shall pay for all claims that conform to the requirements
of this Agreement, including claims for work performed during the previous
suspension of payment.
(e) If this Agreement is suspended in accordance with subsection (a)
above, or is suspended under subsections (b) or (c) above and no significant
corrective actions are required, Bonneville shall reimburse the Contractor for
reasonable costs to the extent they are caused by such suspension.
17
14. Termination.
(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
section 13(b), Bonneville may terminate this Agreement 30 days after receipt
of written notice by the Contractor.
(d) If the Contractor is an Electric Utility and gives notice of its
intent to terminate, or terminates its firm requirements power sales contract
with Bonneville, Bonneville may terminate this Agreement by giving the
Contractor 30 days' written notice.
(e) If the Contractor files for bankruptcy, Bonneville may terminate this
Agreement by giving the Contractor 30 days' written notice.
D. IN REFERENCE TO PROGRAM REVIEW
15. Program Records.
(a) Records shall be maintained by the Contractor in accordance with this
Agreement. The records shall be maintained by the Contractor in a form
determined solely by the Contractor, so long as the requirements of
subsection (b) below are met. The Contractor shall keep all records required
18
by this Agreement until the later of three years after creation of such
records or notification Of completion of a Financial Audit of such records by
Bonneville. Bonneville shall initiate such Financial Audit no later than
3 years after creation of the last record maintained in accordance with this
secti on.
(b) Program records shall be established and maintained in accordance
with generally accepted accounting principles consistently applied, and in
conformance with applicable, laws and Federal regulations, including the
provisions of the Privacy Act of lg74. A summary of the system of records
developed by Bonneville to comply with the Privacy Act shall be supplied by
Bonnevi 11 e.
16. Program Financial Audits, Moni'torin~ Reviews, or Financial Compliance
Reviews. Bonneville may, upon. reasonable notice, conduct such Financial
Audits, monitoring reviews, or financial compliance reviews of the
Contractor's Program records, and of the Contractor's procedures under the
terms of this Agreement as it deems appropriate. The' number, timing, and
extent of such Financial Audits, monitoring reviews, or financial compliance
reviews shall be at the discretion of Bonneville and may be conducted by
Bonneville or its designee. Financial Audits shall be conducted in accordance
with audit standards established by the Comptroller General of the United
States. Monitoring reviews and financial compliance reviews shall be
conducted in accordance with standards and procedures established by
Bonneville. Bonneville, at its expense, may:
(a) audit, examine, or inspect Program records and accounts maintained by
the Contractor in accordance with the Program records section of this
Ag reeme n t;
(b) obtain copies of such Program records and accounts for such purposes;
lg
person specified in this Agreement. Notices or communications as ~equired by
this Agreement shall be effective no sooner than the date of receipt by the
~eceiving pa~cy. Either pa~cy may from time to time change or supplement such
add~ess or speciffed ~epresentative to whom notice shall be given by giving
the other par~cy written notice of such change.
19. Indemnification. Each party shall indemnify and hold harmless the
other pa~ty and its ~espective officers, agents, and employees f~om and
against all claims, damages, losses, liability, and expenses, including, but
not limited to, maSonable attorney's fees, arising from the negligent or
other tortious acts or omissions of the first pa~ty, its officers, agents, or
employees.
20. Disclaimer of Liability.
(a) Netther Bonneville nor the Contractor shall be liable to the other
pa~cy, or to a Consumer, for the to~cious acts or omissions of Installers or
other independent contractors. Installers participating in a Program under
this Agreement shall not be conside~d officers, agents, or employees of
Bonneville or the Contractor.
(b) Installers or other independent contractors contracting with the
Contractor or Bonneville to implement the provisions of this Agreement shall
be requi~ed by contract to indemnify and hold the Contractor and Bonneville
harmless f~om all claims, damages, losses, liability, and expenses arising
f~om the negligent or other tortious acts or omissions of such Installers or
other independent contractors, their officers, agents, or employees.
21. Assignment of Agreement. Honeys due or to become due from Bonneville
to the Contractor in accordance with the terms of this Agreement may be
assigned by the Contractor to a bank, trust company, or other financing
institution, including any Federal lending agency, for the purpose of
financing any portion of the cost of this Agreement. In the event of any such
assignment, the assignee thereof shall provide w~itten notice of the
assignment together with a true copy of the instrument of assignment to
Bonnevi 11 e.
22. ~overning .Law. To the extent Federal law is not applicable to this
Agreement, the rights and obligations of the parties under this Agreement
shall be governed by the laws of the State in which the headouarters of the
Contractor are located.
23. Cooperation with the Council. The parties shall negotiate amendments
to this Agreement as may be necessary to:
(a) permit the plan or program adopted by the Council in accordance with
the Regional Act, including but' not limited to provisions pertaining to
conservation, renewable resources, anU fish and wildlife, to be effective in
the manner and for the purposes set forth in sections 4 and 6 of the Regional
Act; and
(b) accommodate the analysis made by the Council' as specified in
section ¢(k) of the Regional Act to the extent determined necessary by
Bonnevi 11 e.
24. Dispute Resolution and Arbitration.
(a) Contractual disputes involving solely questions of fact under this
Agreement may be submitted to arbitration upon mutual written agreement of the
parties. Questions of a party's timely performance of requirements in
accordance with this Agreement, or of reasonable costs under sections 4(b),~
¢(c), 13(e), and l? shall be submitted to arbitration.
(b) When the other party agrees to arbitration, or when a dispute
concerns timeliness or reasonable costs, the following procedures shall apply:
(1) The party calling for arbitration shall serve notice in writing
upon the other party, setting forth in detail the question or questions to
be arbitrated and the arbitrator appointed by such party.
(2) The other party shall, within 45 days after the receipt of such
notice, appoint a second arbitrator, a~d the two so,appointed shall choose
and appoint a third arbitrator within l0 days, or in lieu of such
agreement on a third arbitrator by the two arbitrators so appointed, a
third arbitrator shall be appointed by the United States District Court
for the District of Oregon, located in Portland, Oregon.
(3) If the other party fails to name its arbitrator within 45 days
after receiving notice under subsection (1) above, the arbitrator
appointed shall proceed as a single' arbitrator in accordance with
subsections (4) and (5) be]ow, and issue an award, which shall be accepted
by both parties as final and binding as provided in subsection (5) below.
(4) The arbitration hearing shall begin at Portland, Oregon, no later
than 30 days after appointment of the third arbitrator and upon written
notice to the parties by the arbitrators of the date, time, and location
of the hearing.
(5) The arbitration hearing shall be concluded within 3 days unless
otherwise ordered by the arbitrators and the award thereon shall be made
within l0 days after the close thereof. An award rendered by a majority
of the arbitrators appointed in accordance with this Agreement shall be
final and binding on all parties to the proceeding, and judgment on such
award may be entered by either party in the court, state or Federal,
having jurisdiction.
(6) Each party shall pay for the services and expenses of the
arbitrator appointed for it, for its own, attorneys' fees, and for
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration, including those of the third arbitrator shall
be shared equally by the parties thereto.
(c) Nothing herein contained shall be deemed to give the arbitrators
any authority, power, or right to alter, change, amend, modify, add to, or
subtract from any of the provisions of this Agreement.
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' intent that the remainder of this Agreement,
to the extent practi.cable, continue in full force and effect as though such
provision or any part thereof so'adjudicated had not been included therein.
PROVISIONS REQUIRED BY STAllJTE OR EXECUTIVE ORDER
26. Contract Work Hours and Safety Standards. Thfs Agreement, if and to
the extent required by applicable law or if not otherwise exempted, is subject
to the following provisions:
{a) Overtime Requirements. No Contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any laborer or mechanic in
any workweek in which he is employed on such work to work in excess of eight
hours in any calendar day or in excess of 40 hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and
one-half times his basic rate of pay for all hours worked in excess of eight
hours in any calendar day or in excess of 40 hours in such workweek, as the
case may be.
{b) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subsection (a) above, the
Contractor and any subcontractor responsible therefor shall be liable to any
affected employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages 'shall be computed with respect to each individual
laborer or mechanic employed in violation of the provisions of subsection (a)
above, in the sum of $10 for each calendar day on which such employee was
required or pemitted to work in excess of eight hours or in excess of the
standard workweek of 40 hours without payment of the overtime wages required
by the clause set forth in subsection (a) above.
(c) Withholding for unpaid, wages..and liquidated dama~ies. Bonneville may
withhold or cause to be withheld, from any moneys payable on account of work
performed by the Contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and. liquidated damages as
provided in the clause set forth in subsection (b) above.
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set forth in subsections (a) through (c) above of this provision and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be preserved
for 3 years from the completion of the contract.
27. Convict Labor. In connection with the performance of work under this
Agreement, the Contractor or any subcontractor agrees not to employ any person
unde~oing sentence of imprisonment except as provided by P.L. 89-176,
September 10, 1965, (18 U'.S.C. 4082(c)(2)) and Executive Order 11755,
December 29, 1973.
28. Equal Employment Opportunity. Outing the performance of this
Agreement, if and to the extent ~equi~ed by applicable law or if not othe~ise
exempted, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
am employed, and that employees am treated during employment, without regard
to race, color, religion, sex, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion, or
/
transfer; recruitment or recruitment advertising; layoff, or termination;.
rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided by the Administrator setting forth the provisions of this clause.
{b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the Administrator, advising the
labor union or workers' representative of the Contractor's con~nitments under
this clause, and shall post copies of the notice in conspicuous places
available to employees and appli'cants for .employment.
26
(d) The Contractor will comply with all prOvisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, r~gulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to said Contractor's books, records, and accounts by Bonneville and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(f) In the event of the Contractor's noncompliance with the Equal
Oppor~cunity clause of this Agreement or with any of the said rules,
regulations, or orders, this Agreement may be cancelled, terminated, or
suspe'nded, in whole or in part, and the Contractor may be declared ineligible
fo~ further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive' Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of
Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of subsections (a)
thrOugh (g) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as
Bonneville may direct as a means of enforcing such provisions, including
sanctions for noncompliance. In the event the Contractor becomes involved in
or is threatened with, litigation with a subcontractor or vendor as a result
27
of such direction by Bonneville, the Contractor may request the United States
to enter into such litigation to protect the interests of the United States.
29. Interest of Member of Congress. No member of or delegate to
Congress, or resident con~nissioner, shall be admitted to any share or part of
this Agreement or to any benefit that may arise therefrom. Nothing, however,
herein contained shall be construed to extend to this Agreement if made with a
corporation for its general benefit.
30. Bonneville's Obligations Not General Obligations of the United
States. All offerings of obligations, and all promotional materials for such
obligations, which may be offered by the Contractor to fund its activities
pursuant to this Agreement shall include the language contained in the second
sentence of subsection 6(j)(1) of the Regional Act.
31. Other Statutes, Executive Orders, and Regulations.
(a) The Contractor agrees to comply with the following statutes,
executive orders, and regulations to the extent applicable:
(1) False claims. Whoever makes or presents to any person or
officer in the civil, military, or naval service of the United States, or'
to any department or agency thereof, any claim upon or against the United
States, or any department or agency thereof, knowing such claim to be
false, fictitious, or fraudulent, shall be fined not more than $10,000 or
imprisoned not more than 5 years, or both.
(2) Rehabilitation Act of 1973, P.L. 93-112, as amended, and the
clauses contained in 41 CFR 60-741, et. seq., which concern affirmative
action for handicapped workers;
{3) Vietnam Era Veterans Readjustment Assistance Act of 1974,
P.L. 92-540, as amended, and the clauses contained in 41 CFR 60-250, et.
seq., concern affirmative action for disabled veterans and veterans of the
Vietnam Era;
28
(4) Executive Order 11625 and the clauses contained in
¢1 CFR 1-1.1310-2(a),'which concern utilization of minority business
enterprises;
(5) Small Business Act, 15 U.S.C. 637(d)[(3)](2), as amended;
(6) the clauses contained in 41 CFR 1-12.803-10 which concern
certification of nonsegregated facilities;
(7) Davis-Bacon Act, 40 U.S.C. 276 et seq, and 29 CFR 5, concerning
wage rates for public buildings and works; and
(8) Anti-Kickback Act, ¢1 U.S.C. $1.
(b) The Contractor agrees to comply with requirements deemed necessary by
Bonneville in order to implement Bonneville's obligations under the National
Historic Preservation Act, 16 U.S.C. 470 et seq. Such requirements, if any,
shall be subject to analysis and con~nent by the Contractor prior to becoming
effective.
II. RELATING ONLY TO ELECTRIC UTILITIES
A. IN REFERENCE TO PAYMENTS
32. Conservation Charge.
(a) Methodology Periods. Bonneville shall adopt a Conservation Charge
Methodology in Bonneville's 1983 wholesale power rate adjustment process.
Such Conservation Charge Methodology shall govern conservation charges from
November l, 1983, until the Rate Adjustment Date resulting from the 1985
wholesale power rate adjustment process. Bonneville and the parties to
Bonneville's wholesale power rate adjustment process shall have the option of
proposing other Conservation Charge Methodologies and Bonneville shall have
29
the option of adopting another Conservation Charge Methodology in its 1985
wholesale power rate adjustment process, and in each subsequent wholesale
power rate adjustment process occurring as close as is practicable to, but not
less than, every fifth year following each prior wholesale power rate
adjustment process in which Bonneville had such option.
(b) Methodology Requirements. Each Conservation Charge Methodology shall
specify in detail: (1) how Bonneville conservation costs are to be allocated
between Bonneville wholesale power rates and conservation charges; and (2) how
conservation charges are to be allocated among those expected to pay them.
(c) Contract Charge and Alternate C. har~e Obligations.
(1) The Contractor shall pay the Contract Charge, effective November
l, 1983, when it is a party~to a Bonneville firm requirements power sales
contract and is not paying the Alternate Charge, and until the costs
intended to be recovered by the Contract Charge are fully recovered.
(2) The Contractor shall pay the Alternate Charge from the effective
date of an election of the Alternate Charge, as determined in accordance
with subsection (d) below. The Contractor shall pay the Alternate Charge
when it~is a party to a Bonneville firm requirements power sales contract,
and until either the Contractor resumes its Contract Charge obligation in
accordance with subsection (e) below or the costs intended to be recovered
by such Alternate Charge are fully recovered.
{3) The Contractor shall not be eligible for funding under this
any other Bonneville conservation agreement during periods when the
Contractor is obligated to pay the Alternate Charge.
{d) Alternate Charge Effective Dates and Calculations.
(1) The Contractor shall provide Bonneville with written notice of
an election of the Alternate Charge. The effective date of such notice
3O
election and the calculation of the Alternate Charge shall be in
accordance with the appropriate paragraph below.
(2) If such notice of election is received by Bonneville at least
7 calendar months prior to a Rate Adjustment Date, the election of the
Alternate Charge shall be effective 'on such Rate Adjustment Date.
The Contractor shall pay the Alternate Charge based on the costs
associated with Bonneville conservation expenditures made prior to the
effective date of such election, and shall be calculated in accordance
with the Conservation Charge Methodology which was in effect at the time
of such notice. ·
(2) If such notice of election is received by Bonneville no later
than 60 days following a Rate Adjusi~ent Date resulting from a wholesale
power rate adjustment process in Which Bonneville has the option of
adopting another Conservation Charge Methodology in accordance with
subsection (a) above, the election of the Alternate Charge shall be
effective, at the Contractor's option as indicated in the notice of
election, on (i) such Rate Adjustment Date or (ii) one calendar year
following such Rate Adjustment Date.
The Contractor shall pay the Alternate Charge based on costs
associated with Bonneville conservation expenditures made prior to the
effective date of such election, and shall be calculated in accordance
with the Conservation Charge Methodology which was in effect immediately
prior to the Rate Adjustment Date.
(e) Resu.mption of Contract Charge.
(1) The Contractor.shall notify Bonneville in writing of its desire
to resume its Contract Charge obligations, and thereby its eligibility for,
Bonneville conservation funding. Such resumption of the Contract Charge
31
shall be effective on the later of (A) one calendar year after the
effective date of an election of an Alternate Charge, or (B) one calendar
month from the date of receipt by Bonneville of a notice of resumption of
the Contract Charge.
(2) If the Contractor resumes its Contract Charge obligations, it
shall pay Bonneville the difference between the Alternate Charge that it
paid and the Contract Charge that was in effect for the period during
which the Contractor was obligated to pay the Alternate Charge.
(f) Late Si~n-Up. If the Contractor has not signed an agreement
containing this provision by November l, 1983, and thereafter signs this
Agreement, Bonneville retains the right to assess, and the Contractor agrees
to pay, charges for the period between November l, 1983, and the Effective
Date. Such charges to the Contractor' shall not exceed the Contract Charge
that was in effect, calculated for the period between November l, 1983, and
the Effective Date.
(g) Renderin~ of Bills. Bonneville shall render'one bill for the
appropriate charges to the Contractor for each Billing Period. The bill shall
be rendered no sooner than 40 days prior to the last day of such Billing
Period.
(h) Payment of Bills.
(1) The Contractor shall pay one bill for each Billing Period.
Payment of such bill shall satisfy the obligation to pay a Contract
Charge, an Alternate Charge,. and other charges as may be appropriate, for
such Billing Period for all agreements containing this provision.
32
(2) Bills not paid in full on or before the close of business of the
tenth day prior to the last day of the Billing Period shall bear an
additional charge which shall be the greater of one-fourth percent {0.25~)
of the amount unpaid or $50.00.
(3) In addition, a charge of one-twentieth percent (0.05~) of the
sum of the initial amount remaining unpaid and the additional charge
herein described shall be added on each succeeding day until the amount
due is paid in full.
B. IN REFERENCE TO PROGRAM OPERATIONS
33. Arrangements with Other Entities.
(a) If the Contractor is an Electric Utility which supplies power for
resale to an entity that places a load on the Contractor, the Contractor may,
with prior written approval of Bonneville and with the Written consent of such
entity, offer the Program to Consumers of such entity~
(b) Bonneville shall have the right to revoke its approval of an
arrangement meeting the conditions of subsection (a) above if the power sales
contractual relationship between the Contractor and the entity changes in such
a way so as to decrease the potential for energy savings to Bonneville from
the Program.
-(c) The terms and conditions of such arrangement shall be determined by
the Contractor and the entity and shall be consistent with the terms and
conditions of this Agreement.
34. Bonneville Coordination With Electric Utilities. Bonneville shall
inform an Electric Utility when a conservation agreement is offered to another
entity within such Electric Utility's service area. Bonneville shall require
33
in such conservation agreements that the contractor provide, in a timely
manner, the actual or estimated kilowatt or kilowatthour savings resulting
from such conservation agreements to each Electric Utility whose load is
affected by implementation of such conservation agreement, upon the written
request of such Electric Utility.
35. Consideration. The Contractor represents and warrants that it is a
party to a firm requirements power sales contract with Bonneville. In
consideration for Bonneville's payments to the Contractor in accordance with
the terms and conditions of this Agreement, the Contractor agrees to the
fol 1 owl ng..
If the Operating Area has decreased because an Electric Utility whose
service area was a component of the Operating Area has ceased to be a firm
requirements power sales customer of Bonneville during the Useful life of any
Measures installed or completed in such component of the Operating Area in
accordance with this Agreement, the Contractor shall return payments received
from Bonneville for such Measures in such portion of the Operating Area to the
extent provided by the following formula.'
Lm . Y
R = (Bonneville payments to the Contractor) x
Lm
where:
R = reimbursement to Bonneville
m = mean useful life of Measures
= number of years expended in useful life of Measure, calculated on
the basis of the Contractor's Program reports for this Agreement.
Bonneville shall render a bill to the' Contractor for payment calculated on
the above formula. Reimbursement shall be made in a lump sum payment
within three months of termination of the firm requirements power sales
contract, or, at the Contractor's discretion, in no more than
12 consecutive equal monthly installments, commencing on the first
34
business day of the month following the month in which termination of the
firm requirements power sales contract occurs. If reimbursement is
accomplished by installments, interest shall be charged on the outstanding
balance at Bonneville's average Treasury borrowing interest rate for the
period of time between the date of the first payment made to the
Contractor and the date of the last payment made to the Contractor for
which reimbursement to Bonneville is being made in accordance with this
section. If, after the Contractor initiates such installment payments,
the utility which previously ceased to be a firm requirements power sales
customer of Bonneville executes a firm requirements power sales contract
with Bonneville, the Contractor shall, from the date of such execution, no
longer be obligated to make any 'further installment payments to Bonneville
under this section. Bonneville, within gO days, shall return to the
Contractor any such payments received from the Contractor less an amount
based on the formula where Y corresponds to the period When no firm
requirements power sales contract was in effect.
(WP-PKI-1612c )
35
Exhibit B, Page 1 of 2
Street and Area Lighting Program
7/1/83
Reimbursable Conversions and Retrofits and Payment Levels
Conversions or Retrofits
From To
Fixed Maximum Maximum
Installation Materials Reimbursement
Cost Repayment Level
Mercury Vapor
1,000 Watt
400 Watt or lower HPS
400 Watt or lower MH
180 Watt or lower LPS
$100 $200 $300
$100 $200 $300
5100 $200 $300
700 Watt
400 Watt or lower HPS
250 Watt or lower MH
180 Watt or lower LPS
$100 $200 $300
$100 $200 $300
$100 $200 $300
400 Watt
200 Watt or lower HPS
250 Watt or lower MH
135 Watt or lower LPS'
$100 $200 $300
$100 $100 $200
$100 $20O $300
250 Watt
150 Watt or lower HPS
90 Watt or lower LPS
$ 90 $110 $200
$ 90 $110 $20O
175 Watt
100 Watt
100 Watt or lower HPS
55 Watt or lower LPS
$ 90 $ 60 $150
S 90 $110 $200
50 Watt HPS $ 90 $ 20 $110
Fluorescent
660 Watt
400 Watt or lower HPS
400 Watt or lower MH
180 Watt or lower LPS
$100 $200 $300
$100 $200 $300
$100 $200 $300
400 Watt
200 Watt or lower HPS
180 Watt or lower LPS
$100 $200 $300
$100 $200 $300
192 Watt 150 Watt or lower HPS $ 90 $ ¢0 $130
Exhibit B, Page 2 of 2
.Street and Area Lighting Program
7/1/83
Reimbursable Conversions and Retrofits and Payment Levels
Conversions or Retrofits
From To
Fixed Maximum Maximum
Installation Materials Reimbursement
Cost Repayment Level
Incandescent
15,000 Lumen:
(860 Watt)
(715 Watt)
175 Watt or lower MH
150 Watt or lower HPS
90 Watt or lower LPS
$90 $110 $200
$9O $110 $2OO
$90 $110 $200
10,000 Lumen:
(690 Watt)
(620 Watt)
100 Watt or lower HPS
90 Watt or lower LPS
175 Watt or lower MH
$90 $110 $2O0
$90 $110 $20O
SgO $110 $200
6,000 Lumen:
(448 Watt)
(405 Watt)
70 Watt or lower HPS
55 Watt or lower LPS
$90 $110 $20O
SgO $110 $200
4,000 Lumen:
(327 Watt)
(295 Watt)
70 Watt or lower HPS
55 Watt or lower LPS
$90 $110 $200
$90 $110 $200
2,500 Lumen:
(202 Watt)
(189 Watt)
70 Watt or lower HPS
$90 $110 $2O0
Special Incentive: $5 for each Conversion or Retrofit meeting the requirement in
section 11(e) of the body of this Agreement.
(WP-PKI-1812c)
Exhibit C, Page I of 3
Street and Area Lighting Program
7/!/83
Allocated Bud§et Share
For contractors who have been actively participating since at least January 1,
1983, in the Street and Area Lighting Efficiency Improvement Program II
offered under the Amended Energy Conservation Agreement, the Allocated Budget
Share was the portion of the budget available for these contractors' Allocated
Budget Share prorated based on four times a contractor's average monthly
expenditure under that program.
For contractors who do not have a record of at least 4 months of expenditures,
the Allocated Budget Share was based on each contractor's 1981 estimated
annual megawatthours usage for street lighting. Contractors having less than
10,000 megawatthours were allocated $1,000; contractors having between 10,000
and 100,000 megawatthours were allocated $3,000; and contractors having over
100,000 megawatthours were allocated $10,000.
Contractors participating in the Street and Area Lighting Efficiency Improvement
Pro~ram II as of January 1~ 1983:
Lower Columbia Area
Puget Sound Area
Contractor Amount Contractor Amount
($) ($)
Ashland
Blachly-Lane
Cascade LocKs
Central Lincoln
Clark
Coos Curry
Cowlitz
Douglas
Drain
EWEB
Forest Grove
McMinnville
Monmouth
Pacific Power & Light
Salem
Skamania
Tillamook
Wahkiakum
West Oregon
15,733
5,852
3,140
43,462
69,848
6,195
71.060
8.745
2 457
74 803
6 632
10 535
5 133
48 603
15 848
29 035
7 779
12 320
3 980
Blaine
Elmhurst
Fircrest
Grays Harbor
Lakeview
Lewis
McCleary
Mason No. 1
Milton
Ohop
Orcas
Parkland
Peninsula
Port Angeles
Seattle
Snohomish
Tacoma
8 884
9 462
39.801
53~101
14.455
13898
3870
8 497
12905
3 760
2 227
7 639
6 519
6 202
93 738
311733
13 387
Exhibit C, Page 2 of 3
Street and Area Lighting Program
7/1/83
Snake River Area
Contractor
Benton PUD
Benton REA
Central Electric
Columbia Basin
C.P. National
Franklin
Hood River
Klickitat
Lost River
Lower Valley
Milton Freewater
Northern Wasco
Richland
Salmon River
Surprise Valley
Umatilla Electric Coop.
Wasco
Amount
($)
14 755
5 792
11 589
9 512
19.440
16.361
11337
9.256
4 477
10 157
12.930
4,585
9,401
6.,237
11,539
10,083
'6,043
Upper Columbia Area
Contractor Amount
Big Bend
Chelan
Cheney
Douglas PUD
Ellensburg
Ferry
Grant
Inland
Kittitas
Lincoln Electric Coop. WA
Missoula
Nespelem
Northern Lights
Okanogan County PUD
Pend Oreille
Vera
Washington Water Power
($)
23 589
46 476
13 858
3 880
4 390
I 088
35 419
35,047
1,247
¢ 881
17,045
3,600
.2,154
2,725
42,210
3,457
116,204
Exhibi't C, Page 3 of 3
Street and Area Lighting Program
7/1/83
Other Contractors
Contractor
City of Albion
Alder Mutual Light
City of Bandon
City of Bonners Ferry
City of Burley
Canby Utility Board
City of Centralia
Clallam County
ClatsKanie PUD
Clearwater Power
Columbia Power Coop.
Columbia REA
Consolidated Irrigation
Consumers Power
City of Coulee Dam
City of Declo
East End Mutual
Town of Eatonville
Fall River Electric
Farmers Electric
Flathead Electric
Glacier Electric
Harney Electric
City of Heyburn
Idaho Co. Light & Power
City of Idaho Falls
Idaho Power
Kootenai Electric
Lane Electric
Lincoln Electric
Mason No. 3
(WP-PKI-1812c)
Amount
1 000
1 000
1 000
1 000
1 000
1.000
I 000
3,000
1,000
1,000
1,000
1,000
1,DO0
1,000
1,000
1,000
1,000
1,000
1,000
1,000
I 000
I 000
1~000
I 000
1 000
3 000
3 000
1 000
1 000
1,000
1,000
Contractor Amount
Midstate Electric
City of Minidoka
Montana Light & Power
Montana Power
Okanogan County Coop., Inc.
Pacific County No. 2
PGE
Prairie Power
Puget Sound Power & Light
Raft River Electric
Ravalli County Electric
Riverside Electric
City of Rupert
· Rural Electric
City of Soda Springs
South Side Electric
City of Springfield
Town of Steilacoom
City of Sumas
Tanner Electric .
USBIA (Flathead)
USBIA (Wapato)
USBM
USBR
USAF
USDOE
USN
Unity Light & Power
Utah Power & Light
Vigilante Electric
WPPSS
Wells Rural
Whatcom
I 000
i 000
1000
3 000
1 000
3000
10 000
I 000
10 000
I 000
1 000
I 000
I 000
I 000
i 000.
1 000
3 000
I 000
I 000
I 000
1,000
I 000
1 000
I 000
1 000
I 000
I 000
1000
1 000
1 000
1 000
1 000
1 000
Exhibit D, Page I of 2
Street and Area Lighting Program
7/1/83
Approved BudQet Formula
The amount of the Contractor's initial Approved Budget shall be calculated by
Bonneville in accordance with the formulas below for a given Budget Year.
B x Ucp
Allocation I =
Rcp
(B - Ma) x Ucp
Allocation 2 =
(Rcp - MUcp)
Where:
B = Amount Bonneville allocates under this method.
Ucp = Contractor inventory of units eligible for Conversion or Retrofit
as of December 5, 1980.
Rcp = Sum of Ucp of contractors with timely budget requests.
MUcp = Total units to be congerted by contractors requiring less than the
allocation formula or who qualify for $10,O00'minimum.
= Total of funds allocated to MUcp contractors.
Ma
Method
Step 1:
Step 2:
Apply Allocation 1.
Compare contractor budget requests to Allocation 1.
(a) For those contractors who have requested less than their
allocation:
(1) Sum number of potential Conversions and Retrofit as part of
MUcp.
{2) Sum dollar amount requested as part of Ma.
Exhibit D, Page 2 of 2
Street and Area Lighting P.rogram
7/1/83
Step 3:
(b) For contractors whose allocation in Allocation I ~s less than
$10,000, approve $10,000 or budget request, whichever is less.
(1) Sum potential Conversions and Retrofits for these
contractors.
(2) Sum dollar amount associated with these contractors'
budgets.
(c) Add amounts determined in (a)(1) and (b)(1) above to become MUcp.
(d) Add amounts determined in (a)(2) and (b)(2) above to become Ma.
Apply Allocation 2 formula for remaining contractors. (This
reallocates the sum of amounts above each contractor's request, if
such request was less than Allocation 1. This determines the
allocation for contractors whose allocation is not finally determined
under Allocation 1.)
(WP-PKI-1812c)
Exhibit E, Page I of 5
Street and Area Lighting Program
7/1/83
Payment Methods
Cost Reimbursement Method
1. Payment shall be computed based upon levels of reimbursement specified in
this Agreement.
2. The Contractor shall submit monthly to Bonneville a completed
Form BPA-1418-F, Monthly Financial Summary, with applicable schedules.
3. Within 30 days of receipt of the Monthly Financial Summary Bonneville
shall reimburse the Contractor.
Payments in excess of $25,000 will be made through direct transfer of
funds from the U.S. Treasury to the Contractor's bank account. The
Contractor shall notify Bonneville of the name and address of its bank,
the Contractor's bank account number, and the American Bankeris
Association nine-digit routing numbe~.
Exhibit E, Page 2 of 5
Street and Area Lighting Program
7/1/83
Payment Methods
Letter of Credit Method
Summary. This is a method whereby Bonneville provides operating funds to
the Contractor to fund its Conservation activities. Funds are provided in
advance of actual expenditures by the Contractor and provide the
Contractor with control over its daily financial operations. This method
is available if Bonneville has, or expects to have, a contractual
relationship under this Agreement with the Contractor which will last one
year and involve annual advances aggregating at least $120,000. The
Contractor may utilize the Revolving Working Capital Advance Method of
payment until the Letter of Credit Method is fully operational for the
Contractor.
2. Duties of the Contractor.
(a)
The Contractor shall submit monthly to Bonneville a completed
Form BPA-1418F Monthly Financial Summary, with applicable support
forms.
(b)
The Contractor shall notify Bonneville of the name and address of the
commercial bank {Bank) which has agreed to receive payment
vouchers (TFS 5401) and shall request an amount~computed in
accordance with Bonneville issued instructions.
(c)
The Contractor shall submit properly completed signature -
card (SF 1194) to Bonneville. The Contractor shall also submit
properly completed payment vouchers to the Bank for the amount of the
advance desired. Such payment vouchers shall be submitted to the
Bank as close as is administratively possible to the issuance of
checks for program disbursements.
(d) The Cohtractor shall make timely reports of cash disbursements,
interest income earned, and balances to Bonneville.
(e) Interest income earned by the Contractor on funds advanced shall be
credited or refunded to Bonneville.
(f) The Contractor shall provide for effective control over and
accountability for all Federal funds.
(g) The Contractor shall establish internal operating procedures
including but NOT limited to:
(1) the correct preparation and distribution of prescribed forms;
(2)
monitoring of drawdowns and reviewing of other financial
practices to insure against excessive withdrawals of Federal
funds; and
Exhibit E, Page 3 of 5
Street and Area Lighting Program
7/1/83
(3) remedial measures to correct excessive withdrawals of cash.
{h) Subsections (a) through (f) above shall apply to any agent of the
Contractor authorized to use such letter of credit.
3. Duties of Bonneville.
(a)
Bonneville shall establish the amount of the letter of
credit (SF 1193) and record an obligation, if appropriate, in its
accounts equal to such amount.
(b)
Bonneville shall transmit a certified letter of credit and signature
card (SF 1194} to the U.S. Department of Treasury. The U.S.
Department of Treasury shall then transmit a letter of credit and
signature card to the appropriate Federal Reserve Bank.
(c) Bonneville shall designate one.of its own officials as a liaison
officer with the U.S. Department of Treasury.
(d) Bonneville shall furnish instructions to the Contractor which provide
the procedures for the letter of credit method of payment.
(e)
Bonneville shall revoke any unobligated portion of the letter of
credit upon determination that the Contractor has failed to comply
with the instructions referenced in subsection (d) above. A timely
reconciliation of expenditures and advances shall be made and
disbursement made to the appropriate party.
Exhibit E, Page 4 of 5
Street and Area Lighting Program
7/1/83
Payment Methods
Revolving Working Capital Advance Method
Summary. This is a method whereby Bonneville advances funds to the
Contractor in an amount equal to the estimated amount due to the
Contractor from Bonneville for Conservation activities completed during
the first month of the Program. Thereafter, but not less frequently than
monthly, Bonneville shall replenish the advance fund based on estimated
current Program needs ~pon receipt of monthly certification of actual
expenditures.
2. Duties of the Contractor.
(a) The Contractor shall request an amount by submitting to Bonneville
completed Form BPA-1418-F, Monthly Financial Summary.
(b) Interest income earned by the Cbntractor on funds advanced shall be
credited or refunded to Bonneville.
(c) The Contractor shall certify expenditures, indicate interest income
earned, and request replenishment of the advance on a monthly basis.
(d)
If the Program terminates, the Contractor shall.submit a
reconcilation of advances and expenditures in a timely manner.
difference shall be disbursed to the appropriate party within a
reasonable time.
Any
(e)
Payments in excess of $25,000 will be made through direct transfer of
funds from the U.S. Treasury to the Contractor's bank account. The
Contractor shall notify Bonneville of the name and address of its
bank, the Contractor's bank account number, and the American Banker's
Association nine-digit routing number.
3. Duties of Bonneville.
(a) Bonneville shall review the Contractor's request for an advance and
approve it providing such advance is advantageous to Bonneville.
(b) Bonneville retains the right to adjust the working capital fund as
necessary in accordance with information furnished in accordance with
section 2(c) of this payment method.
Exhibit E, Page 5 of 5
Street and Area Lighting Program
7/1/83
(c)
Bonneville shall revoke this advance funding method upon
determination that the Contractor has failed to comply with the
procedures referenced in section 2 of this payment method. A timely
reconcilation of expendftures and advances shall be made and
disbursement made to the appropriate party.
(WP-PKI-1812c)
Exhibit F, Page i of 2
Street and Area Lighting Program
7/1/83
Annual Energy Savings
Conversions or Retrofits
From To
Lifetime
(years)
Expected Annual Energy
Savings per Conversions
or Retrofit (kWh),
Mercury Vapor
1,000 Watt
400 Watt HPS 20 2,789
400 Watt MH 20 2,789
180 Watt LPS 20 3,550
310 Watt HPS 20 3,221
700 Watt
400 Watt HPS 20 1,331
310 Watt HPS 20 1,764
250 Watt MN 20 1,777
180 Watt LPS 20 2,170
150 Watt HPS 20 1,021
400 Watt
200 Watt HPS ,20 853
250 Watt MN 20 643
135 Watt LPS 20 870
100 Watt HPS 1,252
250 Watt
150 Watt HPS 20 378
100 Watt HPS 20 609
70 Watt HPS 20 773
90 Watt LPS 20 490
175 Watt
100 Watt HPS 20 286
70 Watt HPS 20 449
55 Watt LPS 20 410
100 Watt
5~ Watt HPS 20 206
Fluorescent
660 Watt
250 Watt HPS 1,920
400 Watt MH 20 1,378
400 Watt HPS 20 1,378
180 Watt LPS 20 1,750
200 Watt HPS 20 2,264
400 Watt 200 Watt HPS 20 1,147
180 Watt LPS 20 979
192 Watt 150 Watt HPS 20 250
135 Watt LPS 20 90
Computation was based on 4,200 hours burning time per year and line
wattage for mercury vapor, HPS, and MH. Median circuit wattage over the
lifetime of the-Luminaire was used to calculate savings for LPS.
Exhibit F, Page 2 of 2
Street and Area Lighting Program
7/1/83
Annual Energy Savin§s
Conversions or Retrofit
From To
Lifetime
(years)
Incandescent
15,000 Lumen
(860 Watt)
(715 Watt)
Expected Annual Energy
Savings per Conversions
or Retrofit (KWh)*
10,000 Lumen
(690 Watt)
(620 Watt)
860W 715W
6,000 Lumen
(448 Watt)
(405 Watt)
150 Watt HPS 20 2,827 2,218
175 Watt MH 20 2,772 2,163
90 Watt LPS 20 2,820 2,354
4,000 Lumen
(327 Watt)
(295 Watt)
690W 620W
100 Watt HPS 20 2,344 2,050
175 Watt MH 20 2,058 1,764
90 Watt LPS 20 2,140 1,955
2,500 Lumen
(202 Watt)
(189 Watt)
448W 405W
70 Watt HPS 20 1,491 1,310
55 Watt LPS 20 1,400 1,290
327W 295W
70 Watt HPS 20 983 848
55 Watt LPS 20 962 920
202W 189W
70 Watt HPS 20 458 403
Computation was based on 4,200 hours burning time per year and line
wattage for mercury vapor, HPS, and MH. Median circuit wattage over the
lifetime of the Luminaire was used to calculate savings for LPS.
(WP-PKI-1812c)
Exhibit G, Page I of 1
Street and Area Lighting Program
7/1/83
Referenced Documents
Monthly Reportin§ Forms of July 1983
(WP-PKI-1812c)
(.AUTHENTICATED COPY)
Contract No. DE-MS79-83BP91413
7/1/83
RESIDENTIAL WEATHERIZATION PROGRAM
CONSERVATION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
THE
and
CITY OF ASHLAND
'Index to Sections
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Definitions ....................................................
Term of Agreement .............................................
Exhibits ......................................................
Program Overview ..............................................
Available Measures ............................................
Program Procedures ............................................
Amendment of Agreement ........................................
Contractor Participation ....................... ~ ..............
Allocated Budget Share ........................................
Additional Budget Submittal Requirements ......................
Payment Procedures ............................................
Page
3
4
5
5
5
5
6
7
7
7
7
Section
12.
13.
14.
15.
16.
Page
Use of Bonneville Funds by Contractor ......................... 9
Program Records ............................................... 9
Program Reports ............................................... 11
Notices and Other Communications .............................. 11
Program Evaluation ............................................ 12
Exhibit A (General Conservation Contract Provisions) .......... 5
Exhibit B (Measures) .......................................... 5
Exhibit C (Payment Methods) ................................... 5
Exhibit D (Contractor Costs) .................................. 5
Exhibit E (Consumer Incentive) ................................ 5
Exhibit F (Referenc'ed Documents) .............................. 5
Exhibit G (Allocated Budget Share) ............ · ................ 5
Exhibit H (Transition Payment) ................................ 5
Exhibit I (Retroactive Payment) ............................... 5
This AGREEMENT, executed August 29 , 198~ by the UNITED
STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE
POWER ADMINISTRATION (Bonneville), and THE CITY OF ASHLAND (Contractor), a
municipal corporation of the State of Oregon,
WITNESSETH :
WHEREAS Bonneville is required by the Regional Act to acquire
cost-effective conservation and to implement-cost-effective conservation
measures; and
WHEREAS Bonneville, to the extent conservation measures require direct
arrangements with Consumers, is obligated by the Regional Act to make maximum
practicable use of its customers and local entities in administering and
carrying out such arrangements; and
2
WHEREAS the parties intend to jointly implement measures to achieve
reductions in electric power consumption as a result of increased efficiency
of energy use;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Definitions.
(a) "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 Energy Analysis,
to act as one Homeowner with regard .to this Program.
(b) "Effective Date" means 2400 hours on the later of September 30, 1983,
or the last day of the month in which the Contractor executes this Agreement.
(c) "Energy Analysis" means an on-site inspection of a Building to
estimate the potential electric energy savings from Measures and to estimate
the cost of achieving such savings.
(d) "Homeowner" means the fee owner, mortgagor, or the contract vendee of
a Residence, including one used for rental purposes.
(e) "I~itial Budget Year" means the period commencing on the Effective
Date and ending on September 30, 1984.
(f) "Installer" means an individual, partnership, corporation, or other
entity, other than the Contractor, which installs Measures and carries
liability insurance and assurance bonding for all work performed. Except for
nonprofit entities, all Installers must possess either a State contractor's or
similar license.
(g) "Low Income Consume~' means a Consumer whose combined household
income, determined in accordance with Item 10 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.
(h) "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.
(i) "Operating Area" means that portion of the Contractor's electrical
service area which is located within the Region.
(j) "Residence" means that portion ~f a structure :
(1) which contains living facilities including provisions for
sleeping, eating, and cooking, for one or more persons;
(2) which uses electric space heating permanently installed prior to
April 15, 1983;
(3) which is within the Operating Area; and
(4) which is not a Mobile Home.
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.
(k) "Seasonal Residence" means any Residence determined by the Contractor
to be occupied for less than 180 days of each year.
2. Term of Agreement. This Agreement becomes effective on the
Effective Date and shall continue in effect until 2400 hours on September 30,
1990, unless terminated earlier as provided herein. All obligations arising
from this Agreement shall be preserved until satisfied.
3. Exhibits. Exhibit A (General Conservati'on Contract Provisions),
Exhibit B (Measures), Exhfbit C (Payment Methods), Exhibit D (Contractor
Costs), Exhibit E (Consumer Incentive), Exhibit F (Referenced Documents),
Exhibit G (Allocated Budget Share), Exhibit H (Transition Payment), and
Exhibit I (Retroactive Payment) are hereby made a part of this Agreement.
4. Program Overview. Bonneville shall pay the Contractor for retrofit
weatherization Measures accomplished in Buildings containing Residences of
Consumers and Low Income Consumers. Bonneville shall also pay the Contractor
for administering the Program described in this Agreement.
5. Available Measures. Payment is available for the Measures set forth
in Exhibit B. Air-to-air heat exchangers shall not be paid for under this
Agreement.
6. Program Procedures. The Contractor shall comply with the following
procedures in accomplishing Measures.
(a) Upon request by the Consumer or Homeowner, the Contractor shall
conduct an Energy Analysis of the Building in accordance with procedures
contained in Item 6 of Exhibit F. The Energy Analysis shall be performed by a
person certified in accordance with the energy analyst training procedures
contained in Item 7 of Exhibit F. The energy analyst shall give to the
Consumer or Homeowner a copy of the Privacy Act notice contained in Item 11 of
Exhibit F. The Energy Analysis shall be performed by a person other than the
Installer of Measures listed in sections 2 and 3 of Exhibit B or such
Installer~s subcontractor.
(b) At the time of the Energy Analysis of the Building, or at any time
thereafter, and upon approval by the Consumer or Homeowner, the Contractor may
provide for the installation of the Measures listed in section 1 of
Exhibit B. ~ Such installation shall be at no cost to the Consumer.or Homeowner.
(c) Using the standard heat loss methodology contained in Item 2 of
Exhibit F, or an alternate heat loss methodology indexed in accordance with
the procedures contained in Item 4 of Exhibit F, the Contractor shall
determine all Measures eligible for payment and give the Consumer or Homeowner
a list of all Measures eligible for payment and an estimate of the annual
kilowatthour savings that would be realized from the installation of each of
such Measures. The Contractor shall inform the Consumer or Homeowner that
kickbacks, rebates or other non-Program benefits from Installers are
prohibited and may be subject to Federal law. The energy analyst shall give
to the Consumer or Homeowner a brochure, provided by Bonneville at
Bonneville's expense, describing the possible indoor air quality effects of
the Measures available under this Agreement.
(d) In accordance with inspection procedures contained in Item 6 of
Exhibit F, the Contractor shall provide for the inspection of each Measure
installed and shall certify to Bonneville that the mate[ials and installation
meet or exceed the specifications contained in Item 1 of Exhibit F. The
inspection shall be performed by a person certified in accordance with the
inspector training standards contained in Item 7 of Exhibit F. The inspection
shall be performed by a person other than the Installer of such Measures or
such Installer~s subcontractor.
7. Amendment of Agreement. The documents referenced in Exhibit F shall
be amended in accordance with section 4(b) of Exhibit A; however, each
document may be amended no more frequently than twice in the Initial Budget
Year and once in each Subsequent Budget Year without providing a detailed
explanation of the reason the proposal is necessary.
6
8. Contractor Participation. Bonneville shall hold a contractor
participation meeting, in'accordance with section 5 of Exhibit A, no later
than March 1 of the Initial Budget Year and no later than October 1 of each
Subsequent Budget Year.
9. Allocated Bud§et Share. The Allocated Budget Share specified in
Exhibit G shall be available to the Contractor in accordance with Exhibit A.
10. Additional Budqet Submittal Requirements.
(a) For purposes of this Agreement, the initial budget request must be
received by Bonneville no later than October 31, 1983, in order to be
considered timely.
(b) For each Budget Year the Contractor's request shall be submitted on
work plan and budget forms referenced in Item 9 of Exhibit F and shall contain
all information requested that is applicable for such Budget Year.
11. Payment Procedures.
(a) The methods of payment available to the Contractor are set forth in
Exhibit C. Payments shall be made in accordance with the method, terms, and
procedures of the payment method selected in writing by the Co~tractor for the
first energy conservation agreement executed by the Contractor which is
offered to the Contractor on or after July 1, 1983. 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) Bonneville shall pay the Contractor in accordance with Exhibit D for
administering this Agreement.
(c) Bonneville shall pay the Contractor the amount determined in
accordance with Exhibit E for installed Measures listed in Exhibit B, which
are inspected in accordance with section 6(d) on or after the Effective Date.
The percentages of the actual cost of the installed Measures that Bonneville
shall pay in accordance with sections 2, 3, and 4 of Exhibit E shall be
established for each Budget Year by the Contractor in the work plan,
referenced in Item 9 of Exhibit F.
(d) Notwithstanding section 7(b)(1)(C) of Exhibit A, Bonneville shall pay
the Contractor the amount determined in accordance with Exhibit I for
installed Measures listed in Exhibit B, which are inspected in accordance with
section 6(d), which were accomplished under a Contractor program on or after
December 5, 1980, and prior to October 1, 1983, and which are otherwise
eligible for retroactive reimbursement in accordance with section 7 of
Exhibit A.
(e) If after the Effective Date a Measure is added to Exhibit B, the
Contractor shall become eligible for retroactive reimbursement by Bonneville
in accordance with Exhibit A for each similar measure completed or installed
under a Contractor program between December 5, 1980, and~the date the Measure
is added.
(f) If section 4 of Exhibit B is amended to allow payment by Bonneville
for Measures not previously eligible for payment due to installation
restrictions, the Contractor shall become eligible for payment by Bonneville
in accordance with Exhibit A for such measures:
(1) which were completed or installed by the Contractor on or after
December 5, 1980, and prior to the date the Measures become eligible for
payment by Bonneville;
(2) which include any mitigation set forth in the specifications
applicable to such measures; and
(3) which substantially conform to or exceed specifications listed
in Item 1 of Exhibit F when'such measures were installed.
(g) During a Budget Year when a retroactive'claim for measures under
subsection (d), (e) or (f) above is determined to be complete, but funds are
not available for full payment during such Budget Year, the Contractor may
elect to have the Approved Budget for such Budget Year reduced by an amount up
to the unpaid portion of such complete retroactive claim, and receive payment
of such amount in such Budget Year.
12. Use of Bonneville Funds by Contractor.
(a) Except for payment for Measures listed in section 1 of Exhibit B, the
Contractor shall use payments from Bonneville in accordance with
sections 11(c), (d), (e), and (f) as follows:
(1) the Contractor shall pay or shall have paid an equal amount of
funds directly to the Homeowner of the Residence in which the Measures
were installed, or to the Homeowner's designee, or
(2) if the Contractor operates a residential conservation loan
program, or has advanced funds to a Homeowner of a Residence in which the
Measures were installed, or to the Homeowner's designee, the Contractor
shall use the funds paid by Bonneville and the interest earned on those
funds solely to offset the principal amount or the Contractor's or
Homeowner's interest costs of those conservation loans or advances. Upon
satisfaction of all such loans or advances the Contractor shall return to
Bonneville any remaining balance of Bonneville funds including the
interest earned on those funds. This subsection shall prevail over
subsections 2(b)(5) and 3(b)(2) of Exhibit C.
(b) The Contractor shall use payments from Bonneville in accordance with
section 11(b) to reimburse the Homeowner of the Residence in which the
Measures were installed to the extent the Homeowner has paid the Contractor
for conducting an energy analysis. ~
13. Program Records.
(a) The Contractor shall maintain a record of the following information
regarding its transactions with each Consumer or Homeowner concerning the
Measures listed in sections 1, 2, and 3 of Exhibit B that are accomplished in
a Residence:
(1)
(2)
(3)
(4)
Consumer's name, address, and account number;
documentation of eligibility for each Low Income Consumer;
water heater tank location (heated or unheated space);
the Electric Power consumption during the 12-month period
preceding the Energy Analysis; and
(5) Electric Power Consumption for the 12-month period following
inspection of Measures.
(b) The Contractor shall maintain a record of the following information
regarding its transactions concerning the Measures listed in sections 1, 2,
and 3 of Exhibit B that are accomplished in a Building:
(1) date of performance and the results of the Energy Analysis,
including Building measurements and sketches, data derived from the
Building for heat loss and cost savings calculations, and the list of
Measures eligible for payment;
(2) date of inspection and a list of Measures installed in
accordance with section 6(d);
(3) the disbursement of the funds expended by the Contractor in
accordance with section 12;
(4) total cost of installed Measures including the Consumer
Incentive;
(5) supporting documents and records necessary for Financial Audit
and verification of costs billed to Bonneville; and
(6) supporting documents and records necessary to verify that the
requirements of section 11 have been satisfied.
(c) When a Contractor operates a residential loan program under this
Agreement, the records on each loan shall be retained for 3 years after the
satisfaction of the loan.
14. Program Reports. The Contractor shall submit cor. lpleted monthly
reporting and program forms, referenced in Item 8 of Exhibit F, for each .
calendar month of this Agreement to be received no later than the 15th day of
the month following the calendar month for which reporting is being
submitted. However, monthly reporting forms for September must be received by
October 10.
15. Notices and Other Co~unicat.ions. Written comnunication 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:
If to the. Contractor:
Bonneville Power Administration
Eugene District - OPG
Room 206, U.S. Federal Building
211 East 7th Street
Eugene, Oregon 97401
Attn: Ray A. Wiley, Public Utility Specialist
(503) 687-6955
City of Ashland
City Hall
Ashland~ Oregon 97520
Attn: Dick Wanderscheid-Conservation Coordinator-482-3211
(Name and/or ~itle)(Phone Number)
16. Program Evaluation.
(a) The Contractor shall provide to Bonneville Program records on a
random sample of Residences selected. The information submitted shall include:
(1) the number of Residences from which the sample was selected; and
(2) the billing records for a comparable period of time for a sample
of Program nonparticipants.
ll
(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.
IN WITNESS WHEREOF, the parties have executed this Agreement.
UNITED STATES OF AMERICA
Department of Energy
By
/s/ Peter T. Johnson
Bonneville Power Administrator
THE CITY OF ASHLAND
ATTEST:
By /s/ Robert D. Nelson
Title Acting City Recorder
Date Aug. 31. 1983
(WP-PKI-1703c)
By /s/ L. Gordon Medaris
Title Mayor
Date Auqust 29, 1983
12
DRAFT
GCCP Fom CONS-1
GENERAL CONSERVATION CONTRACT PROVISIONS
Exhibit A
7/1/83
Section
Index to Sections
P.age
I, RELATING TO ALL CONTRACTORS
Ae
IN REFERENCE TO MEANING
1, Definitions .............................................
2 Interpretation ....
3, Entire Agreement ........ · ................................
4, Amendment of Agreement ..................................
5, Contractor Participation ................................
1
3
4
4
6
Be
IN REFERENCE TO PAYMENTS
6. Submittal and Approval of the Contractor's Budget .......
7. Payment .................................................
8. Limitation of Program Funds .............................
9. Other Sources of Funds .................................
7
10
12
13
IN REFERENCE TO PROGRAM OPERATION
10, Arrangements with Consumers and Contractors .............
ll. Publicity and Advertising ...............................
14
14
Section
Index to Sections (Continued)
Page
12. Contractor Coordination .................................
13. Suspension ..............................................
14. Termination .............................................
15
16
18
Do
IN REFERENCE TO PROGRAM REVIEW
15. Program Records .........................................
16. Program Financial Audits, Monitoring Reviews,
or Finanancial Compliance Reviews .....................
17. Evaluation ..............................................
19
2O
Eo
MISCELLANEOUS PROVISIONS
18. Notices and Other Communications ........................
19. Indemnification .........................................
20. Disclaimer of Liability .................................
21. Assign~ent of Agreement .................................
22. Governing Law ...........................................
23. Cooperation with the Council ............................
24. Dispute Resolution and Arbitration ......................
25. Severability ............................................
20
21
21
21
22
22
22
2~
Fo
PROVISIONS REQUIRED BY STATUTE OR EXECUTIVE ORDER
26. Contract Work Hours and Safety Standards ................
27. Convict Labor ...........................................
28. Equal Employment Opportunity ............................
24
25
26
ii
Section
Index to Sections (Continued)
Pa~e
29. Interest of Member of Congress ..........................
30. Bonneville's Obligations Not General
Obligations of the United States ......................
31. Other Statutes, Executive Orders, and Regulations .......
28
28
28
II. RELATING ONLY TO ELECTRIC UTILITIES
Aa
IN REFERENCE TO PAYMENTS
32. Conservation charge ....................................
29
Be
IN REFERENCE TO PROGR~i OPERATIONS
33. Arrangements With Other Entities .......................
34. Bonneville Coordination With Electric Utilities ........
35. Consideration ..........................................
33
33
34
(WP-PK 1-1 61 2c )
iii
I. RELATING TO ALL CONTRACTORS
A. IN REFERENCE TO MEANING
1. Defi ni ti ons.
(a) "Allocated Budget Share" means a specified share of the initial
Program budget, determined as described in this Agreement; available to the
Contractor prior to completion of the budget approval process.
(b) "Alternate Charge" means the charge as determined by the methodology
developed in the wholesale power rate adjustment process reflecting the
Contractor's allocation of conservation costs to be collected outside of
Bonneville wholesale power rates and associated with Bonneville conservation
expenditures made prior to the effective date of an election by the Contractor
to pay an Alternate Charge.
(c) "Approved Budget" means the amount which Bonneville shall reserve,
subject to section 8, for payment to the Contractor in accordance with this
Agreement during a Budget Year.
(d) "Billing Period" means a period' of no more than 12 months.
{e) "Budget Year" means Initial Budget Year or Subsequent Budget Year, as
appropri ate.
(f) "Conservation" means any reduction in Electric Power consumption as a
result of installation of direct application renewable resources or of
increases in the efficiency of electric energy use, production, or
di stri buti on.
{g) "Conservation Charge Methodology" means a scheme for calculating and
assessing conservation charges.
(h) "Consumer" means any end user of Electric Power in the Region.
{i) "Consumer Incenti've" means any payment made to or financial benefit
received by a Consumer in accordance with this Agreement.
(j) "Contract Charge" means the charge as determined by the methodology
developec~ in the wholesale power rate adjustment process reflecting the
Contractor's allocation of conservation costs to be collected outside of
Bonneville wholesale power rates for periods when the Contractor has not
elected the Alternate Charge.
(k) "Contractor" r.~eans the party to this Agreer. lent other than Bonneville.
(1) "Contractor Costs" mean all costs, other than Consumer Incentives,
which are payable by Bonneville for the implementation and adr.~inistration of
this Agreement.
(~) "Council" means the Pacific tJorthwest Electric Power and Conservation
Planning Council established in accordance with Section 4 of the Regional Act.
(n) "Effective Date" means that phrase as it is defined in the body of
this Agreement.
"Electric Power" means electric peaking capacity, or electric energy,
(o)
or both.
(p)
"Electric Utility" means either a utility which signs a firm
requirements power sales contract with Bonneville and which sells Electric
Power to Consumers in the Region, or a regional Federal agency customer of
Bonneville.
(q) "Financial Audit" means a complete interim closeout or final closeout
audit of the records specified in the body of this Agreement.
(r) "Initial Budget Year" F.~eans the period con.~encing on the Effective
Date and ending on Septe[,~ber 30 of the year specified in the body of this
Agreement.
(s) "Installer" means an individual, partnership, corporation, or other
entity, other than the Contractor, which installs I~easures covered by this
.Agreement.
{t) "Measure" means the installation or distribution of materials or
devices or the provision of services which are described in this Agreement and
are intended to accomplish Conservation.
(u) "Operating Area" means those portions of Electric Utility service
areas which are located within the Region and within which the Contractor may
operate in accordance wi th this Agreement.
(v) "Plan" means the Regional Electric Power and Conservation Plan,
including any amendments thereto, adopted in accordance with the Regional Act.
{w) "Program" means the Measures and procedures set forth in this
Agreement.
{x) "Rate Adjustment Date" means any date as specified by Bonneville in a
notice of intent to file revised rates as published in the Federal Register;
except that such date shall not occur earlier than 9 months from the date that
such notice of intent is published or 12 months from any previous Rate
Adjustment Date.
(y) "Region" means the saF,~e as defined in the Regional Act, including any
aF. lendments thereto.
(z) "Regional Act" means the Pacific Northwest Electric Power Planning
and Conservation Act, Public Law 96-501.
(aa) "Subsequent Budget Year" means a period, other than an Initial Budget
Year, commencing on October 1 and ending the following September 30.
2. Interpretation.
(a) The provisions in this Exhibit shall be deeF.~ed to be a part of this
Agreement. If a provision in the body of this Agreement is in conflict with a
provision contained in this Exhibit, the for~er shall prevail.
(b) Except as provided in section 24, 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.
(c) Only Bonneville's contracting officer, or the contracting officer's
representative designated in writing, shall issue interpretations of thi~
Agreement which are binding upon Bonneville. Such interpretations shall be in
writing and shall be distributed to each contractor which is a party to an
agreement containing the provision being interpreted. All such
interpretations shall also be available for review at each Bonneville
Area/DJ strict Office.
3. 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 herein are for convenient reference only and shall not affect the
interpretation of this Agreement.
4. Amendment of Agreement.
(a) Except as provided in subsections (b), {c), (d), and (e) below, 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
co~r, lent to all contractors whose agreement would be modified by the
proposed amendr,~ent;
(2) good faith negotiations between Bonneville and the Contractor in
accordance with section 5; and
{3) offer of the a):~endF,lent to all contractors whose agreement would
be modified by the proposed amendment and effective on the date specified
the re i n.
4
Except for amendments issued under subsections {b), {c), and (d) below,
changes to F.~ore than one subject shall be issued in separate amendments,
unless otherwise agreed by the parties.
(b) Bonneville may, in order to assure that conservation is acquired
under this Agreement within the cost-effective limits of the Regional Act,
revise Consumer Incentives, Contractor Costs, ~leasures, or tile method for
calculating energy savings to be produced by the installation of Measures.
Bonneville shall provide all contractors whose agreement would be F, lOdified by
the amendment with a copy of the amendment, accompanied by a detailed
explanation of the reason the amendment is necessary. Such contractors shall
have at least 30 days from the date of receipt of the notice within which to
co~,~ent on the amendment, within a reasonable time after the expiration of
such 30-day period, and after discussing the amendment as an agenda item at a
meeting held in accordance with section 5, Bonneville shall consider the
comments and revise the amen~ent, if appropriate. If Bonneville then issues
an amendment, it shall be issued to all such contractors concurrently. The
amendment shall then be attached hereto and made a part of this Agreement.
The amendment issued by Bonneville shall provide for a one-time reimbursement
to the Contractor, stated as a specific ar,lount, for the reasonable cost, if
any, of incorporating the subject F,~atter of the amenon.,ent into the
Contractor's operation under this Agreement.
(c) If Bonneville determines that the implementation of all or a portion
of the Program presents a health or safety threat, Bonneville shall notify the
Contractor in writing of the health or safety threat and provide the
Contractor with a proposed amendment to mitigate the health or safety threat.
Bonneville shall provide, along with the proposed amendment, a detailed
description of the health or safety threat that it perceives and a list of the
scientific, medical, or other references upon which Bonneville bases its
determination. The Contractor shall have 30 days fror.) the date of receipt of
the notice within which to comment on the proposed amendment. Within a
reasonable time after the expiration of such 30-aay period, Bonneville shall
consider the co~ments, and revise the proposed amendment as necessary to
mitigate the health or safety threat. If Bonneville then issues such
amendment, it shall be attached hereto and made a part of this Agreement.
Bonneville shall reimburse the Contractor for reasonable increases in the
costs of operating ti)is Agreement to the extent caused by such amendment.
Such reasonable increases shall be incorporated in such amendment.
(d) Materials may be incorporated in this Agreement by reference. Such
materials shall be changed in accordance with subsections (b) or (c) above, as
appropriate. However, if the change is issued, it shall be incorporated in
this Agreement by reference.
(e) Bonneville shall approve any change in compensation due to payment of
reasonable costs in accordance with section 13(e) or section 17 by written
notice to the Contractor.
(f) Each amendment provided in accordance with this section shall specify
an effective date, which shall be no earlier than 4 calendar months from the
date of offer or issuance, as appropriate.
5. Contractor Participation.
{a) Bonneville and those current and prospective contractors that desire
to participate shall F, leet no less frequently than is provided in the body of
this Agreer.~ent, to conduct periodic review of this Agreement, to discuss
questions of interpretation of this Agreement, to negotiate amendments in
accordance with section 4(a), to discuss arlendments in accordance with
sections 4(b) and (c), and to discuss changes to materials incorporated in
this Agreement by reference in accordance with section 4(d).
(b) Bonneville may, either on its own initiative, or upon the request of
a contractor, call meetings r,lore frequently than is provided in the body of
this Agreement. 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
amendr, lents, 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, a~,~end~ents to this
Agreement shall be effected as provided in section 4.
B. IN REFERENCE TO PAYMENTS
6. Submittal and Approval of the Contractor's Budget.
(a) Allocat99 Budget Share. At the time this Agreement is initially
offered, Bonneville shall advise the Contractor of its Allocated Budget
Share. If Bonneville receives this Agreement, signed by the Contractor, no
later than 4 calendar months after its initial offering, such Allocated Budget
Share shall be available to the Contractor for 4 calendar months commencing on
the Effective Date.
(b) Ti~ely ~udget .Req.ues~s. Budget requests for the Initial Budget Year
which are received by Bonneville no later than 4 calendar months after the
initial offering of this Agreement shall be considerea timely. Budget
requests for each Subsequent Budget Year which are received by Bonneville no
later than May 1 preceding such Subsequent Budget Year shall be considered
timely.
(c) Untimely .Bludget 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 funds remain available following the approval of timely budget
requests.
(d) Budget Subr~ittal Requirements. Budget requests shall:
(1) state the Contractor's expected units of accomplishment for the
Budget Year;
(2) separately identify Contractor Costs and ConsuMer Incentives;
(3) include quarterly estimates of the items specified in
paragraphs (1) and (2) above;
(4) include a non-binding estir.~ate of the items specified in
paragraphs (1) and (2) aboVe for the year subsequent to the Budget Year;
(5) include a work plan which describes tile methods and procedures
the Contractor intends to use to achieve the Contractor's expected units
of accomplishment for the Budget Year, if the Contractor has not
previously operated a similar conservation program; and
(6) confo~.~ to any specific requirer, lents for budget requests
contained in this Agreement.
(e) Budget...Approval. Bonneville shall respond to timely budget requests
no later than 2 calendar months after the end of the specified ti~e periods.
Bonneville shall either approve the Contractor's budget request, approve a
portion of the Contractor's budget request, or disapprove tile Contractor's
entire budget request. The Approved Budget shall replace the Allocated Budget
Share in the initial Budget Year. Bonneville shall approve the Contractor's
entire timely budget request if:
(1 } funds are available to meet the Contractor's budget request and
all other timely budget requests;
8
(2)
above;
(3)
the budget request meets the requirements of subsection (d)
the Contractor has either demonstrated its ability to complete
the expected units of accomplishment contained in its budget request, or,
if the Contractor has not previously operated a similar conservation
program, the Contractor has described in a work plan a satisfactory method
for achieving the units of accomplishment for the Budget Year; and
{4) the requested amount is within the amount determined by applying
any approved Budget formula contained in this Agreement.
If all of the Contractor's 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.
{f) Bu~et Adjustments.
Il) -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 the Contractor's Approved Budget for such
Budget Year; however, Bonneville shall not increase the Contractor's
Approved Budget unless it has approved in their entirety, all tir.~ely
submitted budget requests, or has approved a lesser amount of budget
requests by reason of subsection le) above, or because contractors have
agreed to take less than the amounts requested. Bonneville shall consider
requests for increases in Approved Budgets and, to the extent approval is
given, shall approve them in order of their receipt by Bonneville.
9
(3) If, during any Budget Year, the Contractor fails to achieve
80 percent of its quarterly units of acco~plishr,~ent as stated in its
Approved Budget, upon 30 days' ~ritten notice, and after consultation with
the Contractor, Bonneville may ~,~ake 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 accomplish
its estimated units of accomplishment during the remainder of the Budget
Year.
7. Payment.
(a) Current Payment Amounts. Subject to sections 6, 8, and 9, Bonneville
shall pay the Contractor the amount determined in accordance with this
Agreer.~ent for Measures completed on or after the Effective Date.
(b) Retroactive Payment. Subject to sections 8 and 9, the following
requirer,~ents shall apply to measures installed or compl'eted under a contractor
program which are authorized for retroactive payment in this Agreement:
(1) Conditions.
(A) A measure installed or completed prior to the date such
measure was offered to contractors in a Bonneville conservation
agreement r,)ust be "sir,~ilar" to a Measure included in this Agreement.
"Similar" means that a measure accomplisl~es the same purpose as a
I'4easure included in this Agreement and~, to a reasonable degree of
certainty, is anticipated to achieve energy savings comparable to the
savings expected from such ~leasure. The calculation of energy
savings shall be made on the sa~,~e basis as is used in this Agreement.
(B) A measure installed or compluted after the date such
neasure was offered to contractors in a Bonneville conservation
lO
agreement shall, achieve Conservation to an equal or greater degree
than is achieved by Measures in the most recent Bonneville
conservation agreement offered to contractors at the time such
measures were installed or completed, and shall otherwise
substantially conform to or exceed the naterials and installation
specifications referenced therein. The calculation of energy savings
shall be made on the same basis as is used in such agreement.
(C) Retroactive payment periods shall begin no earlier than the
later of December 5, 1980, or the date the Contractor became a party
to a firm requirements power sales contract with Bonneville.
(2) Procedures.
(A) Retroactive reimbursement requests shall be received by
Bonneville no later than one year after the date such measure becomes
eligible for retroactive payment in accordance with this Agreement.
Retroactive reimbursement requests shall be made on the same request
fora for all measures which become eligible for payment on the same
date. Bonneville shall consider requests for retroactive
reimbursement in order of their receipt.
{B) The Contractor shall request retroactive reimbursement in
the same format used for current payments. Such request shall
indicate clearly that it is for retroactive reimbursement.
(C) Within 60 days after receipt of a claim for retroactive
pajn~ent, Bonneville shall advise the Contractor whether or not the
claim is complete and otherwise complies with the tern. is of this
Agreement. With respect to any incomplete claim, Bonneville shall
provide, within the saF.~e 60-day tiF.~e period, a written explanation of
the reasons the claim is incomplete and allow the Contractor a
ll
reasonable period of time to correct and resubmit such portion of the
request. When the claim is complete and otherwise complies with the
terms of this Agreement, Bonneville shall approve payment to the
extent funds are available in the current Budget Year. The 'unpaid
balance of the approved retroactive payment claim shall be paid
within 1 calendar year of the next Rate Adjustment Date which occurs
after the date the Contractor is notified the claim is complete.
(c) When Bonneville has paid under another a§reer, lent for the installation
or completion of a Measure or a measure which meets the requirements of this
section, no payments shall be made with respect to such Measure or measure
under this Agreement.
(d) Provisional PaJ/ments.' Payments made by Bonneville in accordance with
this Agreement shall be subject to adjustment until the claims on which such
pay~.~ents are based have been finally approved in a Financial Audit.
8, Limitation of Program Funds.
(a) Bonneville shall notify the Contractor in writing upon determining
that sufficient funds r. lay not be available either to I:~ake retroactive payments
in accordance with section 7(b), or to continue funding to the maximur.~ of the
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
r,linimize 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 coF~pleted within 3 calendar
months following the date such written notice is received and for ~,~hich timely
12
claims are received by Bonneville. Clair, ts 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
becor,~e available during the Budget Year in which written notice is given in
accordance with subsection {a) above.
9. Other Sources of Funds.
{a) Bonneville may reduce Contractor Costs or Consumer Incentives so as
to limit the total reimbursement, to the Contractor or to the Consumer, from
all governr,~ental sources as indicated in paragraphs {1) and {2) below. The
Contractor shall inquire whether reimbursement has been received from
governmental sources by the Contractor or by a Consumer prior to making a
claim for Contractor Costs or Consumer Incentives in accordance with this
Agreement. Should the Contractor be aware of such other sources of payment,
it shall notify Bonneville. Bonneville shall then consult with the Contractor
to determine if reduction of future Consumer Incentives or Contractor Costs is
appropriate.
{1) Consumer Incentives may be reduced so that the total
governmental reimbursement to the Consumer is limited to the actual cost
of the Measure or the Consumer Incentive.
{2) Contractor Costs may be reduced so that the total governmental
reimburser.~ent to the Contractor is lir, lited to the Contractor Costs payF,~ent.
{b) Bonneville funds shall not supplant funds from governmental sources
that were previously spent for l)easures which would otherwise qualify for
payr, lent in accordance with this Agreement.
(c) If the Contractor is a governmental entity, this section applies only
to the extent that either the Contractor or the Consumer receives ,or has
13
received funds from another governmental entity which are used in carrying out
the Program.
(d) Tax credits are not considered funds or reimbursements for purposes
of this Agreement.
C. IN REFERENCE TO PROGRAM OPERATION
10. Arrangements with Consumers and Contractors. Tile Contractor shall
not unreasonably discriminate ar, long Consumers in implerlenting this Agreement.
Bonneville shall not unreasonably discriminate ar, long contractors in
impl ementi ng this Agreement.
ll. PubliciltY and AdvertiSing.
{a) Bonneville may infor~ the general public within the Region of the
existence of the Program encompassed by this Agreement by such means as press
releases, speeches, public service announcer,~ents, or the like. When
applicable, such information shall indicate that the availability of the
Program may vary from area to area.
{b) Bonneville r.~ay inform the general public within the Region of the
Program by advertising. Bonneville shall inform and coordinate with affected
contractors prior to advertising the Program. When applicable, such
information shall indicate that the availability of the Program may vary from
area to area.
Further, if such advertisements specifically inoicate that tile Contractor
is a party to this Agreement, Bonneville shall coordinate the type of
advertising needed with the Contractor and confir~ that the Contractor is
prepared to ir,~plement this Agree),lent prior to advertising.
14
(c) In carrying out activities authorized under subsections (a) and (b)
above, Bonneville shall not, without prior approval of the Contractor:
(1) directly solicit participation in a Contractor's Program by the
Contractor's Consumers; or
(2) mail informational materials to the Contractor's Consumers
regarding a Contractor's Program.
(d) Bonneville may, at its expense and upon request of the Contractor,
make available to the Contractor informational materials regarding the
Programs.
(e) The Contractor shall advertise or publicize each Program to the
extent necessary to stimulate Consumer interest. If the Contractor is an
Electric Utility, such advertiSeF.~ent or publicity shall be subject to any
limitations on expenditures recoverable through rates established by the
Contractor's regulatory body.
(f) The Contractor shall not include in Program advertising or publicity
any representations concerning: (1) warranties; or (2) the terms of financing
which are offered to Consumers by Bonneville through the Contractor, without
Bonneville's prior approval. Any such representations shall be sent to
Bonneville for review and shall be deemed approved unless objected to in
writing within 15 days after receipt.
12. Contractor Coordination
(a) The Contractor shall provide, in a timely raanner, the actual or
estimated kilowatt or kilowatthour savings resulting from this Agreement to
each Electric Utility whose load is affected by implementation of this
Agreement, upon the written request of such Electric Utility.
{b) Bonneville shall provide all interested entities the opportunity to
'attend, observe, comment on, and where appropriate, participate in the
15
development, negotiation, and ari~endment of regionwide programmatic
conservation agree, lents, consistent with sections 4 and 5 of this exhibit.
(c) Bonneville shall include the same general contract provisions in all
programatic conservation agreements of the same type which are offered to
prospective contractors in the Region.
13. Suspension.
(a) .P?.ograr,~ Suspension for Health or Safety. If Bonneville detemines
that implementation of any aspect of the Program presents a health or safety
threat, Bonneville r.~ay i~ediately suspend all or a portion of such Program,
effective upon the Contractor's receipt of written notification, while the
amendment process in section 4(c) is being cor,~pleted. Claims for payr, lent for
Measures affected by such health or safety threat shall be limited to those
Measures installed or completed prior to the date of receipt of written
notification. Bonneville shall provide the infomation required by
section 4{c) within l0 days after the date the Program suspension is put into
effect. Following completion of the amendment process in section 4(c)
Bonneville shall notify the Contractor in writing of the date that Program
suspension is lifted.
(b) Program Suspension After Consultation. If Bonneville has dete~,~ined
that the Contractor's procedures, records, or accounts do not conform to the
requirements of this Agreement, Bonneville shall provide a vyritten description
to the Contractor of the specific nature of the nonconformance. Upon receipt
of such written Uesc ri pti on , the Contractor shall not submit clair, ts for
payment for Measures affected by such nonconformance. The Contractor shall
correct such nonconformance within a reasonable time and shall notify
~onneville in writing when corrective action has been completed. If the
Contractor does not correct the nonconfomance within a reasonable tiF~e after
16
written notice is received, Bonneville may either suspend all or a portion of
the Program in this A§reer. lent, effective upon receipt of written notice by the
Contractor, or Bonneville may terminate this Agreement in accordance with
section 14{c). If the Program has been suspended, Bonneville shall notify the
Contractor in writing of the date that Program suspension is lifted, upon
verifying that the nonconformance has been corrected.
(c) Immediate Suspension of Payment. If Bonneville has reason to believe
that the Contractor is clair.~ing payment for activities which do not conform to
the requirements of this Agreement, Bonneville may, effective upon oral
notification to the Contractor, immediately suspend all or a portion of
payment for such activities under this Agreement, and for any other activities
for which payment is claimed on the same form while the process in either
subsections {a) or {b) above is completed. Bonneville shall issue written
confimation of such suspension of payment to the Contractor on the sar, le day
that oral notification is given. Following the completion of the process
described in either subsections (a) or {b) above, and unless this Agreement is
terminated as described in subsection (b) above, Bonneville shall notify the
Contractor in writing of the date that suspension of payr.~ent is lifted.
(d) After a suspension imposed under subsections {a), {b) or {c) above is
lifted, Bonneville shall pay for 'all claims that conform to the requirements
of this Agreement, including claims for work performed during the previous
suspension of payment.
{e) If this Agreement is suspended in accordance with subsection {a)
above, or is suspended under subsections {b) or {c) above and no significant
corrective actions are required, Bonneville shall reimburse the Contractor for
reasonable costs to the extent they are caused by such suspension.
17
14. Termination.
la) 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 Agreer, mnt.
lb) Bonneville may, for its convenience, terminate this Agreenent 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 cor, lply with the requirements of
section 13lb), Bonneville may terminate this Agreement 30 days after receipt
of written notice by the Contractor.
Id) If the Contractor is an Electric Utility and gives notice of its
intent to terminate, or terminates its firm requirements power sales contract
with Bonneville, Bonneville may terminate this Agreement by giving the
Contractor 30 days' written notice.
le) If the Contractor files for bankruptcy, Bonneville may terminate this
Agreement by giving the Contractor 30 days' written notice.
D. IN REFERENCE TO PROGR~ REVIEW
15. Prol,gram Records. ~
(a) Records shall be r,~aintained by the Contractor in accordance with this
Agreement. The records shall be ~.~aintained by the Contractor in a for~
determined solely by the Contractor, so long as the requireK!ents of
subsection lb) below are met. The Contractor shall keep all records required
18
by this Agreement until the later of three years after creation of such
records or notification of completion of a Financial Audit of such records by
Bonneville. Bonneville shall initiate such Financial Audit no later than
3 years after creation of the last record r.~aintained in accordance with this
section.
(b) Program records shall be established and maintained in accordance
with generally accepted accounting principles consistently applied, and in
conformance with applicable laws and Federal regulations, including the
provisions of the Privacy Act of 1974. A summary of the system of records
developed by Bonneville to comply with the Privacy Act shall be supplied by
Bonnevi 11 e.
16. Program Financial Audits, I.lonitoring Reviews, or Financial Compliance
Reviews. Bonneville may, upon reasonable notice, conduct such Financial
Audits, monitoring reviews, or financial compliance reviews of the
Contractor's Program records, and of the Contractor's procedures under the
terns of this Agreement as it deen~s appropriate. The number, timing, and
extent of such Financial Audits, monitoring reviews, or financial compliance
reviews shall be at the discretion of Bonneville and may be conducted by
Bonneville or its designee. Financial Audits shall be conducted in accordance
with audit standards established by the Comptroller General of the United
States. Monitoring reviews and financial compliance reviews shall be
conducted in accordance with standards and procedures established by
Bonneville. Bonneville, at its expense, may:
{a) audit, examine, or inspect Progra~.~ records and accounts maintained by
the Contractor in accordance with the Program records section of this
Agreement;
lb) obtain copies of such Program records and accounts for such purposes;
19
(c) conduct inspections of installations made under this Agreement,
provided that all such inspections shall be arranged in advance through
Contractor. If any Consumer indicates an installation is unavailable for
inspection, an alternate installation may be selected; and
{d) review Contractor procedures employed in accomplishing the provisions
of this Agreement.
17. Evaluation. The Contractor shall supply Bonneville with information
on participating and nonparticipating Consumers in the Operating Area in order
for Bonneville to evaluate the Program administered under this Agreement.
Individually identifiable Consumer information shall be made available to
Bonneville in accordance with the system of records established by Bonneville
to comply with the Privacy Act of 1974. Any reasonable costs incurred by the
Contractor in assisting in such evaluation, to the extent not specifically
required by this Agreement, shall be reimbursed by Bonneville. When feasible,
the Consumer information shall be selected by the use of a valid statistical
sampling methodology accepted or provided by Bonneville. Bonneville shall, to
the extent practicable, work with the Contractor in developing and
i~plementing Program evaluation procedures. Bonneville shall, upon completing
the evaluation, distribute the results of such evaluation to the Contractor.
E. MISCELLANEOUS PROVISIONS
l~J. Notices and Other Communications. Except as provided in
section 13{c), any notice, request, approval, consent, instruction, agreement
or prograF.~ ar. lendment, or other communication required by this Agreement to be
given by either party to the other party shall be in writing and shall be
delivered in person or mailed to the address and to the attention of the
20
person specified in this~Agreement. Notices or communications as required by
this Agreement shall be effective no sooner than the date of receipt by the
receiving party. Either party may from time to time change or supplement such
address or specified representative to whom notice shall be give.n by giving
the other party written notice of such change.
19. Indemnification. Each party shall indemnify and hold harmless the
other party and its respective officers, agents, and employees from and
against all claims, damages, losses, liability, and expenses, including, but
not limited to, reasonable attorney's fees, arising from the negligent or
other tortious acts or omissions of the first party, its officers, agents, or
employees.
20. Disclaimer of Liability.
(a) Neither Bonneville nor the Contractor shall be liable to the other
party, or to a Consur, ler, for the tortious acts or omissions of Installers or
other independent contractors. Installers Participating in a Program under
this Agreement shall not be considered officers, agents, or employees of
Bonneville or the Contractor.
(b) Installers or other independent contractors contracting with the
Contractor or Bonneville to implement the provisions of this Agreement shall
be required by contract to indemnify and hold the Contractor and Bonneville
harmless from all claims, damages, losses, liability, and expenses arising
fror. I the negligent or other tortious acts or omissions of such Installers or
other independent contractors, their officers, agents, or employees.
21. Assignment of Agreement. Moneys due or to become due fror,~ Bonneville
to the Contractor in accordance with ~he terms of this Agreement may be
assigned by the Contractor to a bank, trust company, or other financing
institution, including any Federal lending agency, for the purpose of
21
financing any portion of the cost of this Agreement. In the event of any such
assignment, the assignee thereof shall provide written notice of the
assignment together with a true copy of the instrument of assignment to
Bonneville.
22. Governin~ Law. To the extent Federal law is not applicable to this
Agreement, the rights and obligations of the parties under this Agreement
shall be governed by the laws of the State in which the headquarters of the
Contractor are located.
23. Cgoperation with the Council. The parties shall negotiate amendments
to this Agreement as may be necessary to:
(a) pe~it the plan or program adopted by tile Council in accordance with
the Regional Act, including but not limited to provisions pertaining to
conservation, renewable resources, and fish and wildlife, to be effective in
the manner and for the purposes set forth in sections 4 and 6 of the Regional
Act; and
(b) accommodate the analysis made by the Council as specified in
section 4(k) of the Regional Act to the extent detemined necessary by
Bonneville.
24. Dispute Resolution and Arbitration.
(a) Contractual disputes involving solely questions of fact under this
Agreen~ent n~ay be submitted to arbitration upon ~utual written agreement of the
parties. Questions of a party's timely performance of requirements in
accordance with this Agree~ent, or of reasonable costs under sections 4(b),
4(c), 13(e), and 17 shall be submitted to arbitration.
{b) When the other party agrees to arbitration, or when a dispute
concerns timeliness or reasonable costs, the following procedures shall apply:
22
(1) The party calling for arbitration shall serve notice in writing
upon the other party, setting forth in detail the question or questions to
be arbitrated and the arbitrator appointed by such party.
(2) The other party shall, within 46 days after the receipt of such
notice, appoint a second arbitrator, and the two so appointed shall choose
and appoint a third arbitrator within l0 days, or in lieu of such
agreement on a third arbitrator by the two arbitrators so appointed, a
third arbitrator shall be appointed by the United States District Court
for the District of Oregon, located in Portland, Oregon.
(3) If the other party fails to name its arbitrator within 45 days
after receiving notice under subsection (1) above, the arbitrator
appointed shall proceed as a single arbitrator in accordance with
subsections (4) and (5) below, and issue an award, which shall be accepted
by both parties as final and binding as provided in subsection (5) below.
(4) The arbitration hearing shall begin at Portland, Oregon, no later
than 30 days after appointment of the third arbitrator and upon written
notice to the parties by the arbitrators of the date, time, and location
of the hearing.
(5) The arbitration hearing shall be concluded within 3 days unless
otherwise ordered by the arbitrators and the award thereon shall be made
within l0 days after the close thereof. An award rendered by a majority
of the arbitrators appointed in accordance v~ith this Agreement shall be
final and binding on all parties to the proceeding, and judgment on such
award may be entered by either party in the court, state or Federal,
having jurisdiction.
(6) Each party shall pay for the services and expenses of the
arbitrator appointed for it, for its own attorneys' fees-, and for
23
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration, including those of the third arbitrator shall
be shared equally by the parties thereto.
(c) Nothing herein contained shall be deened to give the arbitrators
any authority, power, or right to alter, change, amend, modify, add to, or
subtract from any of the provisions of this Agreement.
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' 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.
F. PROVISIONS REQUIRED BY STATUTE OR EXECUTIVE ORDER
26. Contract Work Hours and SafetyI Standards. Thins Agreement, if and to
the extent required by applicable law or if no~ otherwise exempted, is subject
to the following provisions:
(a) Overtime Requirements. No Contractor or subcontractor contracting
foY any part of the contract work which may require or involve the empl~,K~ent
of laborers or ~lechanics shall require or pemit any laborer or mechanic in
any workweek in which he is employed on such work to work in excess of eight
hours in any calendar day or in excess of 40 hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and
one-half ti~es his basic rate of pay for all hours worked in excess of eight
hours in any calendar day or in excess of 40 hours in such workweek, as the
case may be.
24
(b) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subsection (a) above, the
Contractor and any subcontractor responsible therefor shall be liable to any
affected employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violation of the provisions of subsection (a)
above, in the sum of $10 for each calendar day on which such employee was
required or permitted to work in excess of eight hours or in excess of the
standard workweek of 40 hours without payment of the overtime wages required
by the clause set forth in subsection (a) above.
(c) Withholding for unpg.id wages and liquidated dama.~es. Bonneville may
withhold or cause to be withheld, from any moneys payable on account of work
performed by tile Contractor or subcontractor, such su~s as may
administratively be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subsection (b) above.
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set forth in subsections (a) through (c) above of this provision and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be preserved
for 3 years from the completion of the contract.
27. Convic.t Labor. In connection with the perfom]ance of work under this
Agreement, the Contractor or any subcontractor agrees not to employ any person
25
undergoing sentence of imprisonment except as provided by P.L. 89-176,
September 10, 1965, (18 U.S.C. 4082(c)(2)) and Executive Order 11755,
December 29, 1973.
28. Equal Employment Opportunity. During the perfomance of this
Agreement, if and to the extent required by applicable law or if not otherwise
exempted, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for e~ployment because of race, color, religion, sex, or national
origin. The Contractor will take affimative action to ensure that applicants
are employed, and that employees are treated during e~lployment, without regard
to race, color, religion, sex, or national origin. Such action shall include,
but not be limited to, the foil°wing: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff, or termination;
rates of pay or other forms of co~pensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous
places, available to e~ployees and applicants for employment, notices to be
provided by the Administrator setting forth the provisions of this clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract
or understanding, a notice, to be provided by the Administrator, advising the
labor union or workers' representative of the Contractor's commitments under
this clause, and shall post copies of the notice in conspicuous places
available to employees and applicants for e~ployment.
26
(d) The Contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
~ {e) The Contractor will furnish all info~,lation and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to said Contractor's books, records, and accounts by Bonneville and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
{f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this Agreement .o.r with any of the said rules,
regulations, or orders, this Agreer,~ent may be cancelled, terminated, or
suspended, in whole or in part, and the Contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of
Labor, or as otherwise provided by law.
{g) The Contractor will include the provisions of subsections {a)
through {g) in every subcontract or purchase order unless exer. lpted by rules,
regulations, or orders or-the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as
Bonneville may direct as a ~.)eans of enforcing such provisions, including
sanctions for noncompliance. In the event the Contractor becones involved in
or is threatened with, litigation with a subcontractor or vendor as a result
27
of such direction by Bonneville, the Contractor may request the United States
to enter into such litigation to protect the interests of the United States.
29. Interest of Member of Congress. No member of or delegate to
Congress, or resident cor,~.lissioner, shall be admitted to any share or part of
this Agreement or to any benefit that may arise therefrom. Nothing, however,
herein contained shall be construed to extend to this Agreement if made with a
corporation for its general benefit.
30. Bonneville's Obligations Not General Obligations of the United
States. All offerings of obligations, and all promotional materials for such
obligations, which may be offered by the Contractor to fund its activities
pursuant to this Agreement shall include the language contained in the second
sentence of subsection 6(j)(1) of the Regional Act.
31. Other Statutes, Executive Orders, and Regulations.
(a) The Contractor agrees to comply with the following statutes,
executive orders, and regulations to the extent applicable:
(1) False claims. Whoever makes or presents to any person or
officer in the civil, military, or naval service of the United States, or
to any department or agency thereof, any claim upon or against the United
States, or any department or agency thereof, knowing such claim to be
false, fictitious, or fraudulent, shall be fined not more than $10,000 or
imprisoned not more than 5 years, or both.
(2) Rehabilitation Act of 1973, P.L. 93-112, as amended, and the
clauses contained in 41 CFR 60-741, et. seq., which concern affin.lative
action for handicapped workers;
(3) Vietnar~ Era Veterans Readjust~.~ent Assistance Act of 1974,
P.L. 92-540, as amended, and the clauses contained in 41 CFR 60-250, et.
seq., concern affir~..ative action for disabled veterans and veterans of the
Vietnam Era;
28
(4) Executive Qrder 11625 and the clauses contained in
41 CFR 1-1.1310-2(a), which concern utilization of minority business
enterprises;
(5) Small Business Act, 15 U.S.C. 637(d)[(3)](2), as amended;
(6) the clauses contained in 41 CFR 1-12.803-10 which concern
certification of nonsegregated facilities;
(7) Davis-Bacon Act, 40 U.S.C. 276 et seq, and 29 CFR 5, concerning
wage rates for public buildings and works; and
(8) Anti-Kickback Act, 41 U.S.C.
(b) The Contractor agrees to comply with requirements deemed necessary by
Bonneville in order to implement Bonneville's obligations under the National
Historic Preservation Act, 16 U.S.C. 470 et seq. Such requirements, if any,
shall be subject to analysis and comment by the Contractor prior to becoming
effecti ye.
II. RELATING ONLY TO ELECTRIC UTILITIES
A. IN REFERENCE TO PAYMENTS
32. Conservation Charge.
(a) Methodology Periods. Bonneville shall adopt a Conservation Charge
Methodology in Bonneville's 1983 wholesale power rate adjustment process.
Such Conservation Charge Methodology shall govern conservation charges from
November 1, 1983, until the Rate Adjus~,~ent Date resulting from the 1985
wholesale power rate adjustment process. Bonneville and the parties to
Bonneville's wholesale power rate adjustment process shall have the option of
proposing other Conservation Charge ~tethodologies and Bonneville shall have
29
the option of adopting another Conservation Charge Methodology in its 1985
wholesale power rate adjustr.~ent process, and in each subsequent wholesale
power rate adjusl~ent process occurring as close as is practicable to, but not
less than, every fifth year following each prior wholesale power rate
adjustment process in which Bonneville had such option.
(b) Methodology Requirements. Each Conservation Charge Methodology shall
specify in detail: (1) how Bonneville conservation costs are to be allocated
between Bonneville wholesale pOwer rates and conservation charges; and (2) how
conservation charges are to be allocated among those expected to pay them.
(c) Contract Charge and Alternate Charge Obligations.
(1) The Contractor shall pay the Contract Charge, effective November
l, 1983, when it is a party to a Bonneville fim requirements power sales
contract and is not paying the Alternate Charge, and until the costs
intended to be recovered by the Contract Charge are fully recovered.
(2) The Contractor shall pay the Alternate Charge from the effective
date of an election of the Alternate Charge, as determined in accordance
with subsection (d) below. The Contractor shall pay the Alternate Charge
when it is a party to a Bonneville fim requirements power sales contract,
and until either the Contractor resumes its Contract Charge obligation in
accordance wi th subsection (e) below or the costs intended to be recovered
by such Alternate Charge are fully recovered.
{3) The Contractor shall not be eligible for funding under this or
any other Bonneville conservation agreement during periods when the
Contractor is obligated to pay the Alternate Charge.
{d) Alternate Charge Effective Dates and Calculations.
{1) The Contractor shall provide Bonneville with written notice of
an election of the Alternate Charge. The effective date of such notice of
3O
election and the calculation of the Alternate Charge shall be in
accordance with the appropriate paragraph below.
(2) If such notice of election is received by Bonneville at least
7 calendar ~onths prior to a Rate Adjustment Date, the election of the
Alternate Charge shall be effective on such Rate Adjustment Date.
The Contractor shall pay the Alternate Charge based on the costs
associated with Bonneville conservation expenditures made prior to the
effective date of such election, and shall be calculated in accordance
with the Conservation Charge Methodology which was in effect at the time
of such notice.
(3) If such notice of election is received by Bonneville no later
than 60 days following a Rate Adjustment Date resulting from a wholesale
power rate adjustment process in which Bonneville has the option of
adopting another Conservation Charge Methodology in accordance with
subsection (a) above, the election of the Alternate Charge shall be
effective, at the Contractor's option as indicated in the notice of
election, on (i) such Rate Adjustment Date or (ii) one calendar year
following such Rate Adjustment Date.
The Contractor shall pay the Alternate Charge based on costs
associated with Bonneville conservation expenditures made prior to the
effective date of such election, and shall be calculated in accordance
with the Conservation Charge Methodology which was in effect immediately
prior to the Rate Adjustment Date.
(e) Rp.sm~ption of Contract Charge.
(1) The Contractor shall notify Bonneville in writing of its desire
to resume its Co~ltract Charge obligations, and thereby its eligibility for
Bonneville conservation funding. Such resumption of the Contract Charge
31
shall be effective on the later of (A) one calendar year after the
effective date of an election of an A, lternate Charge, or (B) one calendar
month from the date of receipt by Bonneville of a notice of resumption of
the Contract Charge.
{2) If the Contractor resumes its Contract Charge obligations, it
shall pay Bonneville the difference between the Alternate Charge that it
paid and the Contract Charge that was in effect for the period during
which the Contractor was obligated to pay the Alternate Charge.
{f) Late Sign-Up. If the Contractor has not signed an agreement
containing this provision by November 1, 1983, and thereafter signs this
Agreement, Bonneville retains the right to assess, and the Contractor agrees
to pay, charges for the period 'between November 1, 1983, and the Effective
Date. Such charges to the Contractor shall not exceed the Contract Charge
that was in effect, calculated for the period between November 1, 1983, and
the Effective Date.
(g) Rendering of Bills. Bonneville shall render one bill for the
appropriate charges to the Contractor for each Billing Period. The bill shall
be rendered no sooner than 40 days prior to the last day of such Billing
Peri od.
(h) Pa.yment of Bills.
(1) The Contractor shall pay one bill for each Billing Period.
PayF~ent of such bill shall satisfy the obligation to pay a Contract
Charge, an Alternate Charge, and other charges as may be appropriate, for
such Billing Period for all agreements containing this provision.
32
(2) Bills not paid in full on or before the close of business of the
tenth day prior to the last day of the Billing Period shall bear an
additional charge which shall be the greater of one-fourth percent (0.25%)
of the amount unpaid or $50.00.
(3) In addition, a charge of one-twentieth percent (0.05%) of tile
sum of the initial amount remaining unpaid and the additional charge
herein described shall be added on each succeeding day until the amount
due is paid in full.
B. IN REFERENCE TO PROGRAM OPERATIONS
33. Arrangements with Other Entities.
(a) If the Contractor is an Electric Utility which supplies power for
resale to an entity that places a load on the Contractor, the Contractor may,
with prior written approval of Bonneville and with the written consent of such
entity, offer the Program to Consumers of such entity.
(b) Bonneville shall have the right to revoke its approval of an
arrangement meeting the conditions of subsection (a) above if the power sales
contractual relationship between the Contractor and the entity changes in such
a way so as to decrease the potential for energy savings to Bonneville from
the Program.
(c) The rems and conditions of such arrangement shall be determined by
the Contractor and the entity and shall be consistent with the terms and
conditions of this Agreement.
34. Bonneville Coordination With Electric Utilities. Bonneville shall
inform an Electric Utility when a conservation agreement~is offered to another
entity within such Electric Utility's service area. Bonneville shall require
33
in such conservation agreements that the contractor provide, in a timely
manner, the actual or estimated kilowatt or kilowatthour savings resulting
from such conservation agreements to each Electric Utility whose load is
affected by implementation of such conservation agreement, upon the written
request of such Electric Utility.
35. Consideration. The Contractor represents and warrants that it is a
party to a firm requirements power sales contract with Bonneville. In
consideration for Bonneville's payments to the Contractor in accordance wi th
the terms and conditions of this Agreement, the Contractor agrees to the
fol 1 owing:
If the Operating Area has decreased because an Electric Utility whose
service area was a component of the Operating Area has ceased to be a firm
requirer, lents power sales custor, ler of Bonneville during the useful life of any
Measures installed or completed in such component of the Operating Area in
accordance with this Agreement, the Contractor shall return payments received
from Bonneville for such Measures in such portion of the Operating Area to the
extent provided by the following fomula:
L
R = (Bonneville payments to the Contractor) x Lm
where:
R : reimbursement to Bonneville
m= mean useful life of Measures
= number of years expended in useful life of t'.easure, calculated on
the basis of the Contractor's Program reports for this Agreement.
Bonneville shall render a bill to the Contractor for pays.lent calculated on
the above formula. Reimbursement shall be made in a lump sum payment
within three months of terraination of tile fin.1 requirements power sales
contract, or, at the Contractor's discretion, in no more than
12 consecutive equal monthly installments, cor]mencing on the first
34
business day of the r.~onth following the month in which termination of the
fi~,~ require~,~ents power sales contract occurs. If reinburse~ent is
acconplished by installments, interest shall be charged on the outstanding
balance at Bonneville's average Treasury borrowing interest rate for the
period of time between the date of the first payment made to the
Contractor and the date of the last payment i~ade to the Contractor for
which reimbursement to Bonneville is being made in accordance with this
section. If, after the Contractor initiates such installr,~ent payments,
the utility which previously ceased to be a firm requirements power sales
customer of Bonneville executes a firm requirements power sales contract
with Bonneville, the Contractor shall, from the date of such execution, no
longer be obligated to make'any further installment payments to Bonneville
under this section. Bonneville, within 90 days, shall return to the
Contractor any such payments received from the Contractor less an amount
based on the formula where Y corresponds to the period when no firm
requirements power sales contract was in effect.
(WP-PKI-1 61 2c)
Exhibit B, Page I of 3
Residential Weatherization Program
7/1/83
Measures
1. Electric Water Heater Measures
Electric water heater wraps with appropriate water heater pipe insulation
may be installed in any Residence in accordance with specifications
contained in Item 1 of Exhibit F.
2. Major Energy Savings Measures
(a)
The following Measures may be installed in any Residence in
accordance with specifications contained in Item 1 of Exhibit F;
however, the Contractor may elect not to offer the Measures in
paragraph (5) below:
(1) ceiling insulation and appropriate ventilation;
(2) floor insulation with associated vapor impermeable ground cover,
pipe wrap and appropriate ventilation;
(3) wall insulation (limited to unfinished exterior or basement
walls in conditioned spaces) or exterior insulating sheathing;
(4) duct insulation; or
(5)
sash mounted storm windows or thermal pane replacement glass for
windows and doors where such window and door treatments do not
reduce air infiltration.
(b)
The following air infiltration reduction Measures may be installed,
in accordance with specifications contained in Item 1 of Exhibit F in
any Residence containing an air-to-air heat exchanger installed
according to Bonneville specifications, or in a Residence in a
Building which satisfies all the criteria specified in section 4 of
this Exhibit:
(1) storm windows or thermal replacement windows; or
(2) double pane sliding doors.
3. Other Measures
(a)
If any of the Measures in section 2 of this Exhibit are installed in
a Residence a clock thermostat may be installed in a Residence in
accordance with specifications contained in Item I of Exhibit F.
(b) If any of the Measures listed in section 2 of this Exhibit are
installed in a Residence, the following Measures may be installed in
Exhibit B, Page 2 of 3
Residential Weatheri~ation Program
7/1/83
accordance with specifications contained in Item I of Exhibit F in
any Residence containing an air-to-air heat exchanger installed
according to Bonneville specifications or in a Residence in a
Building which satisfies all of the criteria specified in section 4
of this Exhibit:
(1) insulated entrance doors;
(2) caulking;
(3) weatherstripping; or
(4) outlet and switchplate gaskets.
(c) Dehumidifiers may be installed in any Residence in accordance with
specifications contained in Item I of Exhibit F.
Except for those Residences containing an air-to-air heat exchanger
installed according to Bonneville specifications the following criteria
must be satisfied before a Residence will be offered the air infiltration
reduction Measures listed in sections 2(b) and 3(b) of this Exhibit.
(a)
The Building must have a full crawlspace with cross ventilation, such
openings having a net free ventilating area .of not less than
1-1/2 square feet for each25 linear feet of exterior wall. In
addition, the Building must be equipped with a ground cover vapor
barrier and with a second vapor barrier (1 perm rating) between the
insulation and the heated space. If not already in place, these
Measures are available under this Agreement. Examples of Buildings
which do not satisfy this requirement:
(1) Buildings with basements;
(2) Buildings constructed in whole or in part on concrete slab;
(3)
Buildings containing an unconditioned garage constructed on
concrete slab located directly below a portion or the whole of
the living area; or
(4) Buildings with crawlspace, ground cover, interior perimeter
insulation, and with no ventilation.
(b) The Residence must not contain either wood stoves or unvented
combustion appliances.
(1)
An unvented combustion appliance is any appliance which burns
some type of fuel such as gas, oil, kerosene, propane, wood,
paper products, etc., and is not connected to a flue or chimney
vented to the outside. Examples of unvented combustion
appliances:
Exhibit B, Page 3 of 3
Residential Weatherization Program
7/1/83
(A) Kitchen gas stove and/or oven used for cooking, even if
equipped with a mechanically ventilated range hood;
(B) Kerosene space heater;
(C) gas or oil hot water heater which has had the exhaust vent
pipe disconnected or which shows evidence of leakage of
combustion gases from vent pipe (i.e., soot); or
(D) combustion appliance which has an outside air intake or
supply but no outside air exhaust.
(2) A wood stove is a self-contained controlled combustion unit
designed to burn coal, wood, or wood products. Examples of wood
stoves:
(A) an enclosed unit which is inserted into the fireplace and
uses the fireplace~chimney as the exhaust vent;
(B) a free-standing unit with either a separate flue or a
connection to a chimney used for other purposes; or
(C) a fireplace with glass doors and outside combustion air.
(3) Any other type of fireplace, with or without doors or a heat
exchanger, is not included as a wood stove in restricting the
installation of air infiltration reduction measures.
(c) The Building's domestic water supply must be obtained from either a
municipal or water district supply system, a vented storage system,
or a surface water source. Examples of acceptable water supplies:
(1) city, county, or water district piped water supply;
(2) backyard pond or lake;
(3) spring water taken from the surface; or
(4) well water taken from a vented storage tank.
Note: An individual well, supplying water to a single house
that has a vented well casing is not an acceptable water supply
under this requirement.
(d) The Building must not contain any type of urea-formaldehyde foam
insulation.
(WP-PKI-1703c)
Exhibit C, Page I of 5
Residential Weatherization Program
7/1/83
Payment Methods
1. Cost Reimbursement Method
(a) Payment shall be computed based upon levels of reimbursement
specified in this Agreement.
(b) The Contractor shall submit monthly to Bonneville a completed
Form BPA-1418-F, Monthly Financial Summary, with applicable schedules.
(c) Within 30 days of receipt of the Monthly Financial Summary Bonneville
shall reimburse the Contractor.
(d)
Payments in excess of $25,000 will be made through direct transfer of
funds from the U.S. Treasury to the Contractor's bank account. The
Contractor shall notify Bonneville of the name and address of the
bank, the Contractor's bank account number and the American Bankers
Association 9-digit routing number.
Exhibit C, Page 2 of 5
Residential Weatherization Program
7/1/83
Payment Methods
2. Letter of Credit Method
(a)
Summary. This is a method whereby Bonneville provides operating
funds to the Contractor to fund its Conservation activities. Funds
are provided in advance of actual expenditures by the Contractor and
provide the Contractor with control over its daily financial
operations. This method is available if Bonneville has, or expects
to have, a contractual relationship under this Agreement with the
Contractor which will last one year and involve annual advances
aggregating at least $120,000. The Contractor may utilize the
Revolving Working Capital Advance Method of payment until the Letter
of Credit Method is fully operational for the Contractor.
(b) Duties of the Contractor.
(1)
The Contractor shall submit monthly to Bonneville a completed
Form BPA-1418F Monthly Financial Summary, with applicable
support forms.
(2)
The Contractor shall notify Bonneville of the name and address
of the commercial bank (Bank) which has agreed to receive
payment vouchers (TFS 5401) and shall nequest an amount computed
in accordance with Bonneville issued instructions.
(3)
The Contractor shall submit properly completed signature card
(SF 1194) to Bonneville. The Contractor shall also submit
properly completed payment vouchers to the Bank for the amount
of the advance desired. Such payment vouchers shall be
submitted to the Bank as close as is administratively possible
to the issuance of checks for program disbursements.
(4) The Contractor shall make timely reports of cash disbursements,
interest income earned, and balances to Bonneville.
(5) Interest income earned by the Contractor on funds advanced shall
be credited or refunded to Bonneville.
(6) The Contractor shall provide for effective control over and
accountability for all Federal funds.
(7) The Contractor shall establish internal operating procedures
including but NOT limited to:
Exhibit C, Page 3 of 5
Residential Weatherization Program
7/1/83
(A) the correct preparation and distribution of prescribed
forms;
(B)
(C)
monitoring of drawdowns and reviewing of other financial
practices to insure against excessive withdrawals of
Federal funds; and.
remedial measures to correct excessive withdrawals of
cash.
(8) Subsections (1) through (6) above shall apply to any agent of
the Contractor authorized to use such letter of credit.
(c) Duties of Bonneville.
(1)
Bonneville shall establish the amount of the letter of credit
(SF 1193) and record an obligation, if appropriate, in its
accounts equal to such amount.
(2)
Bonneville shall transmit a certified letter of credit and
signature card (SF 1194) to the U.S. Department of Treasury.
The U.S. Department of Treasury shall then transmit a letter of
credit and signature card to the appropriate Federal Reserve
Bank.
(3) Bonneville shall designate one of its own officials as a liaison
officer with the U.S. Department of Treasury.
(4)
Bonneville shall furnish instructions to the Contractor which
provide the procedures for the letter of credit method of
payment.
(5)
Bonneville shall revoke any unobligated portion of the letter of
credit upon determination that the Contractor has failed to
comply with the instructions referenced in subsection (c)(4)
above. A timely reconciliation of expenditures and advances
shall be made and disbursement made to the appropriate party.
Exhibit C, Page 4 of 5
Residential Weatherization Program
7/1/83
~ayment Methods
3. Revolving Working Capital Advance Method
(a)
Summary. This is a method whereby Bonneville advances funds to the
Contractor in an amount equal to the estimated amount due to the
Contractor from Bonneville for Conservation activities completed
during the first month of the Program. Thereafter, but not less
frequently than monthly, Bonneville shall replenish the advance fund
based on estimated current Program needs upon receipt of monthly
certification of actual expenditures.
(b) Duties of the Contractor.
The Contractor shall request an amount by submitting to
Bonneville a completed Form BPA-1418-F, Monthly Financial
Summary.
(2) Interest income 'earned by the Contractor on funds advanced shall
be credited or refunded to Bonneville.
(3)
The Contractor shall certify expenditures, indicate interest
income earned, and request replenishment of the advance on a
monthly basis.
(4)
If the Program terminates, the Contractor shall submit a
reconcilation of advances and expenditures in a timely manner.
Any difference shall be disbursed to the appropriate party
within a reasonable time.
(5)
Payments in excess of $25,000 will be made through direct
transfer of funds from the U.S. Treasury to the Contractor's
bank account. The Contractor shall notify Bonneville of the
name and address of the bank, the Contractor's bank account
number and the American Bankers Association 9-digit routing
number.
(c) Duties of Bonneville.
(1)
Bonneville shall review the Contractor's request for an advance
and approve it providing such advance is advantageous to
Bonneville.
(2)
Bonneville retains the right to adjust the working capital fund
as necessary in accordance with information furnished in
accordance with subsection (b)(3) of this payment method.
Exhibit C, Page 5 of 5
Residential Weatherization Program
7/1/83
(3)
Bonneville shall revoke this advance funding method upon
determination that the Contractor has failed to comply with the
procedures referenced in subsection (b) of this payment method.
A timely reconcilation of expenditures and advances shall be
made and disbursement made to the appropriate party.
(WP-PKI-1703c)
Exhibit D, Page 1 of 2
Residential Weatherization Program
7/1/83
Contractor Costs
1. Administrative Costs.
(a)
Upon the Contractor's certification that any of the Measures listed
in section 2 of Exhibit B have been installed in the Residence in
accordance with Exhibit B and meet or exceed the specifications
contained in Item I of Exhibit F, Bonneville shall pay the Contractor:
(1) $200 for the first Residence in a Building;
(2) $25 per Residence for the second, third, and fourth Residence in
a Building; and
(3) $10 for each additional Residence in a Building.
(b) Only one administrative cost-payment under (a) above shall be made
for each Residence.
(c)
Bonneville shall pay an additional $10 per Residence upon the
Contractor's certification that any Residence qualifying for an
administrative cost payment under (a) above is the Residence of a Low
Income Consumer.
Training.
(a)
Bonneville shall pay the Contractor the actual training costs, not to
exceed $100 per day and not to exceed a total of $1000, for each
analyst or inspector trained under this subsection in accordance with
procedures contained in Item 7 of Exhibit F, upon certification to
Bonneville that the energy analyst or inspector has successfully
completed the appropriate requirements specified in procedures
contained in Item 7 of Exhibit F. Except as provided in
subsections (b) and (c) below, Bonneville shall not pay for the
training of an energy analyst or inspector who has successfully
completed training substantially similar to the training provided in
accordance with this Agreement.
(b)
Bonneville shall pay the Contractor the actual training costs, not to
exceed $100 per day and not to exceed a total of $200 in any Budget
Year for each analyst or inspector that receives recertification
training after July 1, 1983, in accordance with training procedures
contained in Item 7 of Exhibit F.
Exhibit D, Page 2 of 2
Residential Weatherization Program
7/1/83
(c)
(d)
Bonneville shall pay the Contractor the actual training costs, not to
exceed $100 per day and not to exceed a total of $200 in any Budget
Year for each analyst or inspector, certified or recertified under
this Program, that receives any special training in accordance with
training procedures contained in Item 7 of Exhibit F.
Bonneville shall not pay for any energy analystls or inspector's
salary, travel, meals, or lodging during training.
(WP-PKI-1703c)
Exhibit E, Page ] of 1.
Residential Weatherization Program
8/1/83 Revision
Consumer Incentive
For Measures listed in section 1 of Exhibit B, and in accordance with
section ll(c) of the body of this Agreement, Bonneville shall pay the
Contractor at the fixed rate of $25 per electric water heater. Only one
paynmnt per electric water heater shall be allowed.
When any or all Measures eligible for payment on the basis of an Energy
Analysis are installed in a Building as the result of the same Energy
Analysis, and in accordance with section ll(c) of the body of this
Agreement, Bonneville shall pay the amounts indicated below:
(a)
up to 85 percent of the actual cost of the installed Measures, not to
exceed $0.292 per estimated annual kilowatthour saved by the total of
all Exhibit B section 2 Measures installed; and
(b)
up to 85 percent of the actual cost of ea¢:h installed'Measure, not to
exceed $0.292 per estimated annual kilo~atthour saved by each
separate Exhibit B sectio6 3(a) or 3(b) Measure installed.
When any or all Measures eligible for payment are installed in a Building
in ~hich, at the time of the Energy Analysis, not less than 66 percent of
the Residences are occupied by Low Income Consumers, and in accordance
)~ith section ll(c) of the body of this'Agreement, Bonneville shall pay:
(a)
the actual costs of the installed Measures, not to exceed $0.292 per
estimated annual kilowatthour saved by the total of all Exhibit B
section 2 Measures installed; and
(b)
the actual cost of each installed Measure, not to exceed $0.292 per
estimated annual kilowatthour saved by each separate Exhibit B
section 3(a) or 3(b) Measure installed.
When a dehumidifier is installed in a Residence, and in accordance with
section ll(c) of the body of this Agreement, Bonneville shall pay the
actual cost of the installation, not to exceed $240 for each dehumidifier.
5. The Consumer Incentive in sections 2, 3, and 4 of this Exhibit shall not
include any amount for the labor of any entity other than an Installer.
0
In determining the Consumer Incentive in sections 2 or 3 above, for a
Seasonal Residence, the total annual kilok~tthours saved shall be reduced
by 50 percent.
( WP-PK 1-1929c )
Exhibit F, Page I of 1
'Residential Weatherization Program
7/1/83
Referenced Documents
The following Bonneville documents are hereby incorporated by reference into
this Agreement and shall be subject to the terms hereof:
2
3
4
5
6
7
8.
9.
10.
11.
Weatherization Specifications of July 1983
Standard Heat Loss Methodology of July 1983
Standardized Weather Data of July 1983
Procedures for Indexing Alternate Heat Loss Methodologies of July 1983
Software Certification Procedures of July 1983
Energy Analysis/Inspection Procedures of July 1983
Training Procedures of July 1983
Monthly Reporting and Program Forms of July 1983
Work Plan and Budget Forms of July 1983
Income Criteria of July 1983
Privacy Act Notice to Consumer of July 1983.
(WP-PKI-1703c)
Exhibit G, Page I of 3
Residential Weatherization Program
7/1/83
Allocated Budget Share
1. The Allocated Budget Share is based on the following computation:
(a)
A targeted budget for each Contractor for the 1986 Budget Year has
been determined by taking into consideration the total amount of
Bonneville funds planned for this program for the 1986 Budget Year
and allocating to each Contractor an amount based on the Contractor's
share of the Region's electrically heated residences.
(b)
The Contractor's targeted budget was then compared with the fourth
quarter projection of activity under the Amended Energy Conservation
Agreement, either the Energy Buy-Back Weatherization Program II or
the Zero Interest Loan Weatherization Program II. Substitute values
have been used for this fourth quarter projection where Contractors
are either operating their own programs and have not yet participated
in an existing Bonneville we2therization program or are without a
weatherization program.
(c)
Using a standard mathematical equation for logarithmic curves an
amount was determined for each of the four quarters of the 1984
Budget Year for each Contractor.
(d)
The Allocated Budget Share is approximately one-half of the sum of
these quarterly amounts.
Exhibit G,
Residential
7/1/83
Page 2 of 3
Weatherization
Program
2. The Contractor's Allocated Budget
Lower Columbia Area
Contractor Amount
Ashland
Bandon
Blachly-Lane
Canby
Cascade Locks:
Central Lincoln
Clark
Clatskanie
Columbia River PUD
Consumers
Coos-Curry
Cowlitz
Douglas Coop.
Drain
Eugene
Forest Grove
Lane
McMinnville
Monmouth
PP&L
PGE
Salem
Skamania
Springfield
Tillamook
Wahkiakum
West Oregon
($)
325.000
105.000
37.000
186000
74 000
1,196 000
4,105 000
119 000
6 000
230 000
262 000~
2,846 000
165 000
201 000
1,808,000
240.000
360.000
273000
180 000
3,999 000
1,684000
471 000
113 000
1,623 000
989 000
265,000
241,000
Share shall be
Puget Sound
Contractor
as listed below:
Area
Alder Mutual
Blaine
Centralia
Clallam
Eatonville
Elmhurst
Fircrest
Grays Harbor
Lakeview
Lewis
Mason No. 1
Mason No. 3
McCleary
Milton
Ohop
Orcas
Pacific
Parkland
Peninsula
Port Angeles
Puget Power
Seattle
Snohomish
Steilacoom
Sumas
Tacoma
Tanner
Amount
($)
6,000
9,000
8,000
755 000
6 000
263 000
76 000
875 000
239 000
11 000
167 000
335 000
177 000
9 000
118.000
294.000
10.000
233.000
768000
346 000
4,553 000
2,642 000
9,281 000
76 000
6 000
2,185 000
242 000
Exhibit G,
Residential
7/1/83
Page 3 of 3
Weatherization
Program
Snake River Area
Contractor
Albion
Benton PUD
Benton REA
Burley
Central Electric
CP National - SEE
Columbia Basin
Columbia Power
Columbia REA
Declo
East End
Fall River
Farmers
Franklin
Harney
Heyburn
Idaho Falls
Idaho Power
Klickitat
Lost River
Lower Valley
Midstate
Milton-Freewater
Minidoka
Northern Wasco
Prairie Power
Raft River
Richland
Riverside
Rupert
Rural
Salmon River
Soda Springs
Southside
Surprise Valley
Umatilla
Unity
Utah P&L
Wasco
Weiser - SEE
Wells
IDAHO
Amount
(WP-PKI-1703c)
($)
35,000
1,337,000
315,000
6,000
221,000
POWER
157,000
35,000
124,000
6,000
6,000
56,000
63,000
370000
8 000
40 000
303 000
792 000
201 000
6 000
110 000
176 000
99 000
6 000
193 000
6 000
6 000
747,0000
87 000
89 000
81 000
6 000
~ 6 000
126 000
161 000
363.000
157.000
389~000
67.000
IDAHO POWER
6,000
Upper Columbia Area
Contractor
Big Bend
Bonners Ferry
Chelan
Cheney
Clearwater
Coulee Dam
Douglas PUD
Ellensburg
Ferry
Flathead Coop.
Glacier
Grant
Idaho County
Inland
Kittitas
Kootenai
Lincoln (MT)
Lincoln (WA)
Missoula
Montana L&P
Montana Power Co.
Nespelem Valley
Northern Lights
Okanogan Coop.
Okanogan PUD
Pend Oreille
Ravalli
USBIA - Flathead
Vera
Vigilante
Washington Water Power
Amount
($)
199 000
6 000
553 000
201 000
216 000
6 000
170 000
345 000
92 000
91 000
86 000
530 000
8 000
464 000
133 000
258 000
126 000
67 000
116 000
8 000
260 000
6 000
162 000
6 000
73 000
8 000
47.000
115~000
263~000
8 000
798.000
Exhibit H, Page I of 2
Residential Weatherization Program
7/1/83
Transition Payment
The terms of this Exhibit are available to the Contractor if it has executed
this Agreement no later than September 30, 1983. Bonneville shall pay the
Contractor for Completed Work in accordance with the following procedures to
assist the Contractor in the transition to this Agreement.
1. Definitions.
(a)
"Prior Program" means either the Energy Buy-Back Weatherization
Program II or the Zero Interest Loan Weatherization Program II, dated
May 14, 1982, and amendments thereto, executed by the Contractor
under the Amended Energy Conservation Agreement.
(b)
"Initiated Work" means Measures to be installed in accordance with
the Prior Program pursuant to the terms of a written agreement
executed between-the Contractor or the Installer and the Homeowner or
Consumer no later than September 30, 1983.
(c)
"Completed Work" means Initiated Work that has been installed or
completed, in accordance with section 6(c) of the Prior Program, no
later than December 31, 1983.
Transition Procedures. The Contractor shall comply with the following
procedures in accomplishing Measures eligible for payment in accordance
with this Exhibit.
(a) The Contractor shall provide the following information in writing to
Bonneville no later than October 15, 1983:
(1)
the account numbers of Consumers with Initiated Work for which
no claims for payment were made during the'term of the Prior
Program;
(2) the total cost of Initiated Work by residence;
(3)
the Consumer Incentive or program loan funds to be provided to
the Contractor in accordance with Attachment 9 of the Prior
Program; and
(4) the Utility administrative costs to be paid in accordance with
Attachment 8 of the Prior Program.
Exhibit H, Page 2 of 2
Residential Weatherization Program
7/1/83
(b)
Program reports claiming reimbursement under this Exhibit shall:
(1) be received no later than January 15, 1984;
(2) be received on completed monthly reporting and program forms
referenced in Item 8 of Exhibit F;
(3) be titled Transition Report; and
(4) state the reimbursement claimed in accordance with Attachment 8
and Attachment 9 of the Prior Program.
(c) The Contractor shall maintain the agreement referenced in
subsection l(b) above in accordance with section 15 of Exhibit A of
this Agreement.
Payment. Payment shall be made in accordance with Attachment 8 and
Attachment 9 of the Prior. Program for Completed Work, not to exceed
50 percent of the Allocated Budget Share as indicated in Exhibit G of this
Agreement.
(WP-PKI-1703c)
Exhibit I, Page i of 1
Residential Weatherization Program
7/1/83
Retroactive Payments
1. Contractor Administrative Costs.
Bonneville shall pay the Contractor $160 upon the Contractor's
certification that any of the Measures (t), (2), (3), or (5) of
section 2(a) of Exhibit B or Measures (1) or (2) of section 2(b) of
Exhibit B have been installed in a Residence in accordance with
section 7(b) of Exhibit A.
2. Consumer Incentive.
(a) In accordance with section 7(b) of Exhibit A and section 11(d) of the
body of this Agreement Bonneville shall pay:
$0.292 per estimated total annual kilowatthour saved by the
Measure installed or the actual cost of the installed Measures,
whichever is less, for those Measures installed and inspected
prior to the Contractor's effective date of Amendment 12 to the
Energy Conservation Agreement;
(2)
the percent of actual cost of installed Measures agreed to in
the Contractor's Amendment 12 to the Energy Conservation
Agreement, not'to exceed $0.292 per estimated total annual
kilowatthour saved by the Measures installed, for all Measures
inspected on or after the Contractor's effective date of
Amendment 12 to the Energy Conservation Agreement; and
(3) $240.00 for each dehumidifier and $0.80 per lineal foot of pipe
wrap installed and inspected on or after May 14, 1982.
(b)
The Consumer Incentive may be determined by computing the payment on
the total energy savings for such installed Measures or on the
savings for each separate Measure.
(c) The amount of the payment shall not include any amount for labor of
the Consumer or Homeowner.
(WP-PKI-1703c)