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Home My WebLink About2011-030 Agrmt NW Energy Star 10-154 NORTHWEST ENERGY STAR VERIFIER AGREEMENT NO. 10- 154 This agreement is between, City of Ashland hereafter called the Verifier and the Oregon Department of Energy, hereafter called Agency. This agreement shall be in effect from the date that it is signed by all parties and remain in effect until December 3 I, 2013 or terminated by either party. . I. Statement of Work The Agency and the Verifier hereby agree to participate in the Northwest Energy Star Homes Program. The objectives of this Agreement are to: (i) ensure that homes labeled under the Northwest Energy Star Homes Program comply with the provisions of the program's technical standards (see hup:! !www.northwestenergvstar.com!Dartner -resourcesltech n ica I standards!i ndex .hUlll; (i i) provide qual ity assurance for consumers and Verifiers of energy-efficient site-built housing in the region; and (iii) help to improve energy and resource efficient products and practices used by the housing industry. By signing this agreement, the Verifier and its agents represelH that they understand the program requirements, the Agency's expectations of Verifiers, and the roles of the Verifier and Agency as set forth below and as further explained during Verifier training sessions provided by or authorized by the Agency and attended by Verifier: Agency roles: I. Use the existing Northwest Builder Option Packages, and as may be modified in the future, as the technical specifications for the Program. Agency and the Verifier agree not to modify or amend the specifications except with the concurrence of the Program's regional technical committee. 2. Certity homes entered into the regional database by the Verifier that meets the Program's technical specifications. 3. Provide problem resolution services on energy-related issues to builders, homebuyers, utilities, and local building departments when asked by the Verifier. 4. Perform quality assurance reviews to ensure Verifier's work with builders consistently results in homes built in compliance with the Program specifications. 5. Notity Verifier, builder and homeowner (if occupying home) within three days of finding substantive problems or defects during the quality assurance reviews. 6. Provide technical assistance with new technologies to builders and the Verifier. 7. Work with builders and the Verifier to develop additional resource efficiency options. Veri fier roles: I. Apply for project initiation and home certification using the Program's web-based computer application and home tracking system. 2. Verity homes are built in accordance with NORTHWEST ENERGY STAR Homes Program Builder Option Packages and Technical Specifications. Verifier will retain copies of verification documentation and make such available to Agency upon request. 3. Complete, sign, and attach a NORTHWEST ENERGY STAR Homes label to the home's electrical box and sign the certificate that goes with the house. , 4. Notity builder within three days of discovering any energy-related problem or other failure to meet program specifications in any house. 5. Require builder to correct any energy-related problem in all affected homes due to failure to follow the Program's technical specifications, as identified in the verification process or quality assurance inspection, before submitting such homes for Agency certification. 6. Help facilitate the Agency or its contractors to conduct quality assurance reviews. 7. Accept and abide by the criteria and penalties for discovery of non-compliance with Program Technical Specifications during quality assurance reviews, including bearing the costs of additional quality assurance oversight, and, at the Agency's discretion, termination ofthis agreement and exclusion from future participation in the program for repeated or flagrant non-compliance. 8. Sign the Environmental Protection Agency's Northwest Energy Star Homes Partnership Agreement. Please use the following web site: httos:/ /www.encrgvstar.l!ov/index.cfm?fuseact ion=opa.show PartnerRoles&p code=H V E R OR G Under "If your organization is a Rate/Inspector," select your Rater type "Certified BOP Inspector." II. Consideration A. Verifier agrees to pay certification fees under this Agreement to the Agency for homes submitted for certification and that comply with the Northwest Energy Star Homes specifications. The fee for a single-family residence shall be $75 per home certified. The fee for a multi-family building shall be $25 per dwelling unit. B. Total annual minimum certification fees paid to ODOE shall be no less than $225.00. If the Verifier's total calendar year certification fees paid to ODOE are less than the $225.00, the Verifier will pay the difference between the two by March 3 I 51 of the next year. Ifthe Verifier meets the annual minimum certification fee, Verifier shall pay $75 for every single family dwelling and $25 per dwelling unit for multi-family buildings certified that exceeds the annual minimum certification fee. The annual minimum certification fee is effective January 1,2010. The Agency reserves the right to increase the annual minimum certification fee identified in II.B. A change in the annual minimum certification fee could be determined by economic factors or changes in the residential code that increase Agency operational costs. The Agency anticipates a change to the current residential code April 1,201 I. If the Agency makes a determination to increase the fee, the Agency shall notify the Verifier either by email or in writing of its intent to increase the fee. Subsequent to the notification, the Agency shall amend this Agreement to reflect change in the fee. If a Verifier enters the program after the calendar has started, their first year minimum fee shall be prorated based on the number of months remaining in that calendar year. The Agency will in'voice the Verifier quarterly based upon the Verifier's number of homes certified for the previous quarter. The Agency will invoice the Verifier for the final quarter of the prior calendar year by March 3 I st. Verifier understands these fees will be used by the Agency to fund its home certification and Energy Star labeling efforts, including program quality assurance testing, technical assistance, specification maintenance, and Verifier training. C. This payment shall be the sole monetary obligation of the Verifier and the Verifier's obligation to pay is limited by the provisions of Section V, Termination. D. The Verifier shall pay the Agency based on Agency's quarterly request for payment. The Verifier shall pay the Agency based on the Agency's invoices submitted to the following: ~ '. " City of Ashland Conservation Division 51 Winburn Way Ashland, OR 97520 III, Changes No changes to or waivers of provisions of this agreement will be valid until they have been reduced to writing, approved and signed by both parties, IV. Contact Information . Verifier ODOE Phone: e-mail: Larry Giardina 51 Windburn Way Ashland, OR 97520 (541) 552-2065 g iardin(a,lash land,or,us Alan Seymour 625 Marion St NE Salem, OR 9730 I (503) 378-5873 alan .sevmour(m.sta le. or .us Name: Address: V, Subcontracts The Verifier shall include all Verifier role provisions in all of its subcontracts as set forth in the Northwest Energy Star Homes Verifier Agreement between the Oregon Department of Energy and the Verifier. VI. Termination This agreement may be terminated by mutual consent of both parties or by either party for any reason whatsoever; including but not limited to: failure to respond to inquiries by ODOE or their Quality Assurance program representative regarding verification activities, three instances of errors in reporting verification data, and continuing education and recertification requirements. Requests to terminate this Agreement by either party shall be made in writing either bye-mail or written correspondence, AGREED: City of Ashland ,<:a Lee Tuneberg, Administrative Se ces Director 3//7 ZA// Date :4u,((( Date a Wise, DPO )cC2 , ,) 1 j;1.UA :147 Jim'Denno, Public Buildings Manager Date '3-;1'/-11 Date