HomeMy WebLinkAbout1985-089 Agrmt AMND #13-14 - BPA No DE-MS79-83BP91413 (AUTHENTICATED COPY)
. Amendatory Agreement No. 13 to
Contract No. DE-MS79-83BP91413
4/15/85
AMENDATORY
RESIDENTIAL WEATHERIZATION 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
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Section Page
1 . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4. Program Overview. . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
S. Contractor Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6. Amendment of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7. Prior Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8. Contractor Participation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9. Allocated Budget Share. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
•
• Section Page
10. Additional Budget Submittal Requirements. . . . . . . . . . . . . . . . . . . . . 10
11 . Quality Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12. Payment Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13. Prior Performance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14. Retroactive Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15. Use of Bonneville Funds by Contractor. . . . . . . . . . . . . . . . . . . . . . . . 14
16. Program Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17. Program Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18. Notices and Other Communications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19. Program Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Exhibit A (General Conservation Contract Provisions) . . . . . . . . . 6
Exhibit B (Measures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
• Exhibit C (Payment Methods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit D (Contractor Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit E (Consumer Incentive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit F (Referenced Documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit G (Allocated Budget Share) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit H (Transition Payment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Exhibit I (Retroactive Payment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
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• This AMENDATORY AGREEMENT, I !.L i L j / , 1985, 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,
W I T NE S S E T H n
WHEREAS the parties hereto, on `i ,1i . 1_ 1983, executed the
Residential Weatherization Program Conservation Agreement (Contract
No. DE-MS79-83BP91413, which as previously amended is hereinafter called
"Primary Agreement") ; and
WHEREAS Bonneville is required by the Regional Act to acquire actual or
planned load reduction through cost-effective conservation and the
implementation of conservation measures; and
WHEREAS such conservation measures may include but are not limited to
loans and grants to consumers for insulation or weatherization; and
WHEREAS Bonneville, to the extent the implementation of conservation
measures require direct arrangements with Consumers, is directed 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, in accordance with sections 4 and 5 of Exhibit A to
the Primary Agreement, desire to amend the Primary Agreement by revising the
body of the Agreement and revising Exhibits B, C, D, E, and F to reflect
changes contained herein;
3
• 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. Condominiums and "0" lot
line Residences with separate crawl spaces and attics shall be considered
separate Buildings .
(b) "Duplex" means a Building that contains no more and no less than two
Residences.
• (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) "Fourplex" means a Building that contains no more and no less than four
Residences.
(e) "Homeowner" means the fee owner, mortgagor, or the contract vendee of a
Residence, including one used for rental purposes.
(f) "House Tightening Measures" means exterior wall cavity insulation,
storm windows, replacement prime windows , vent conversions, sliding storm doors,
sliding door replacement, french doors , caulking or weather stripping.
(g) "Initial Budget Year" means the period commencing as of 2400 hours on
the later of September 30, 1983, or the last day of the month in which the
• Contractor executed the Primary Agreement, and ending on September 30, 1984.
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(h) "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.
( i ) "Low Income Consumer" 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.
(j) "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.
(k) "operating Area" means that portion of the Contractor' s electrical
• service area which is located within the Region.
(1 ) "Residence" means that portion of 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.
(m) "Seasonal Residence" means any Residence determined by the Contractor
• to be occupied for less than 180 days of each year.
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(n) "Workmanlike" means performance in accordance with the installation and
material specifications as contained in Item 1 of Exhibit F or performance, with
deviations from such specifications, which neither materially affects the energy
savings expected from the installed Measures nor adversely affects health and
safety.
2. Term of Agreement. Upon execution by the Contractor the effective date
of this Agreement shall be 2400 hours on
August 31 , 1985, 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 Conservation Contract Provisions) ,
Exhibit B (Measures) , Exhibit 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. Prior
Exhibits B, D, E and F dated 10/1/84 and prior Exhibit C dated 7/1/83 are
replaced by Exhibits B, C. D, E and F dated 4/l/85 attached hereto.
4. Program Overview. The purpose of this Agreement is reduction in the
Bonneville load through the acquisition of conservation. Bonneville shall
provide incentives to Consumers, Homeowners or the Homeowners' designee for the
estimated energy savings resulting from the weatherization of a Residence.
Bonneville shall pay the Contractor for services described herein in the
administration of this Program.
5. Contractor Duties. The Contractor's duties shall be to substantially
comply with the objectives and terms of this Agreement.
6
. (a) For Residences not previously weatherized under a Bonneville program,
the Contractor shall follow the procedures in (1 ) below. For those Residences
previously weatherized under a Bonneville program, the Contractor has the option
of following the procedures in ( 1 ) or (2) .
(1 ) 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 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,
in order to determine the estimated energy savings resulting from the
weatherization of the Residence. 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 Analysis shall be performed
• by a person other than the Installer of Measures listed in sections 1 and 2
of Exhibit B or such Installer' s subcontractor. 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 Workmanlike
installation of electric water heater wraps and appropriate water heater
pipe insulation.
(2) Upon request by the Consumer or Homeowner the Contractor shall ,
using the conditions and measurement of the Residence as determined in the
Energy Analysis performed at the time the Residence was first weatherized
under a Bonneville program, and the standard heat loss methodology contained
in Item 2 of Exhibit F to this Agreement or an alternate heat loss
methodology indexed in accordance with the procedures contained in Item 4 of
7
. Exhibit F. calculate the annual estimated kilowatthour savings for all
Measures available under this Agreement. The Contractor shall then total
the annual estimated kilowatthour savings for all Measures previously
installed in the Residence under a Bonneville program and for all House
Tightening Measures eligible for the Consumer Incentive under this
Agreement. The Contractor shall use the above estimate of annual
kilowatthour savings when performing the appropriate calculation in
section 1 of Exhibit E to arrive at a dollar figure; the Contractor shall
then take the above dollar figure and deduct the Consumer Incentive
previously paid by Bonneville to the Consumer in order to arrive at the
maximum amount of funds available for weatherizing the Residence with House
Tightening Measures. The Contractor shall give to the Consumer or Homeowner
a list of all House Tightening Measures eligible for the Consumer Incentive
• under this Agreement and an estimate of the annual kilowatthour savings that
would be realized from the weatherization of the Residence with each of such
House Tightening Measures.
(b) 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.
(c) Subsequent to the installation of Measures the Contractor shall
complete an inspection using the inspection procedures contained in Item 6 of
Exhibit F on each Residence for which a Consumer Incentive will be claimed. 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.
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• (d) The Contractor shall submit claims to Bonneville for Contractor costs
and Consumer Incentives , determined in accordance with Exhibit D and E
respectively, subsequent to the completion of a Bonneville approved inspection
checklist and the Contractor' s determination that each Residence has been
weatherized or mitigation measures installed in a Workmanlike manner. The
Contractor shall submit claims to Bonneville for training costs , determined in
accordance with Exhibit D, subsequent to the determination specified in Item 7
of Exhibit F.
(e) The Contractor shall disburse Consumer Incentives on behalf of
Bonneville directly to the Homeowner of the Residence for which the claim was
made, or to the Homeowner' s designee.
6. 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.
7. Prior Amendments. The following amendments to the Primary Agreement
are incorporated by reference into the body of this Agreement and Exhibit A as
appropriate:
Amendments 3, 4, 5, 7, 8, 9, 10, 11 , and 12.
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 Budget Share. The Allocated Budget Share specified in
• Exhibit G shall be available to the Contractor in accordance with Exhibit A.
9
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• 10. Additional Budget 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.
(c) For each Budget Year the Contractor shall submit, in the work plan
referenced in Item 9 of Exhibit F, one of the following cost control mechanisms
to be used by the Contractor in the determination of the Consumer Incentive
available for Low Income Consumers :
(1 ) three estimates from installers with work awarded to the entity
submitting the lowest estimate or an estimate within 20 percent of the
• lowest estimate;
(2) a limit per Measure equal to 125 percent of the average
installation cost of the Measure, in $ per square/linear foot, based on a
random sample of 50 installations of such Measure or 20 percent of the
installations of such Measure in the electrical service area of the
Contractor during the preceding 12 months; or
(3) a Contractor—designed cost control mechanism approved by
Bonneville prior to the Energy Analysis.
11 . Quality Control .
(a) Bonneville intends to review the Contractor' s Program, typically
quarterly, but no less frequently than annually, to determine substantial
compliance with the terms of this Agreement. Such review may include, but is
•
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• not limited to, inspection of the Contractor' s procedures , records or accounts
and inspection of weatherized Residences . Results of the review will be
conveyed, in writing, to the Contractor, in a timely manner, following
completion of the review.
(b) If a Contractor' s Program, though in substantial compliance with this
Agreement, is found to contain operating deficiencies Bonneville may direct
specific actions to correct such deficiencies on a prospective basis. If a
review reveals repetition of previously identified deficiencies Bonneville may,
in addition to any other reason for doing so under this Agreement, place the
Contractor on the mandatory cost reimbursement method described in section 4 of
Exhibit C. Repeated failure by the Contractor to correct operating deficiencies
may result in a determination by Bonneville that the Contractor' s Program is not
in substantial compliance with this Agreement.
• 12. Payment Procedures.
(a) Subject to the provisions in section 11(b) above and subsection (c)
below, the methods of payment available to the Contractor are limited to the
methods set forth in Exhibit C. Payments shall be made in accordance with the
payment method selected in writing by the Contractor and approved by
Bonneville. The Contractor may request a change in the payment method by
providing written notice to Bonneville. Bonneville shall timely notify the
Contractor in writing whether or not such request is approved. Such payment
shall be considered provisional until the Contractor' s Program is determined to
be in substantial compliance upon completion of the review in section 11 (a) , or
until settlement has been reached under section 12(c) .
(b) If Bonneville determines that the Contractor' s Program is in
substantial compliance with this Agreement, all payments made by Bonneville
•
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• shall be final and conclusive except as regards accounting errors , illegal acts,
fraud, or gross mistakes as may amount to fraud.
(c) If a review determines that the Contractor' s Program is not in
substantial compliance with this Agreement Bonneville shall consult with the
Contractor and may:
(1 ) place the Contractor on the mandatory cost reimbursement method
described in section 4 of Exhibit C;
(2) suspend the Contractor' s participation in the Program in
accordance with section 13 of Exhibit A; or
(3) pursue corrective actions or financial adjustments.
13. Prior Performance Procedures
(a) Bonneville shall complete a review of the Contractor' s Program
completed during the period from October 1 , 1983 through September 30, 1985.
• Subject to (b) below, the review shall determine substantial compliance with the
terms of the agreement in effect at the time of performance.
(b) The review may include, but is not limited to, inspection of the
Contractor' s procedures, records or accounts, and inspection of weatherized
Residences. Such inspection of Residences shall determine whether the
weatherization was done in a Workmanlike manner. The procedures in 11 (b) ,
12(b) , and 12(c) are applicable in review of the Contractor' s prior performance.
14. Retroactive Reimbursement.
(a) 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 5(c) of the body of this Agreement, which were accomplished under a
Contractor program on or after December 5, 1980, and prior to October 1 , 1983,
12
• and which are otherwise eligible for retroactive reimbursement in accordance
with section 7 of Exhibit A.
(b) If after the Effective Date a Measure is added to Exhibit 8, 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.
(c) If section 4 of Exhibit B of the Primary Agreement, referred to in the
recitals, 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 for such measures upon Bonneville' s determination of
substantial compliance with section 7(b) and section 9 of Exhibit A:
(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 i of Exhibit F when such measures were installed.
(d) During a Budget Year when a retroactive claim for measures under
subsection (a) , (b) or (c) 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
•
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. of such amount in such Budget Year. Hydronic pipe insulation shall not be
eligible for retroactive reimbursement.
15. Use of Bonneville Funds by Contractor.
(a) The Contractor shall use retroactive claim payments received from
Bonneville in accordance with sections 14(a) , (b) , and (c) 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 l (b)(5) and 2(b)(2) of Exhibit C.
(b) The Contractor shall use payments from Bonneville for administrative
costs 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.
16. Program Records.
(a) The Contractor shall maintain records in accordance with (b) below, and
such records shall be subject to review by Bonneville, only until the earlier of
•
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• the completion of a Financial Audit or three years after the end of the Budget
Year in which the record was created.
(b) The Contractor shall maintain a record of the following information
regarding its transactions concerning the Measures listed in sections 1 or 2 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 energy-saving calculations and measure-cost estimates , and the list of
Measures eligible for the Consumer Incentive;
(2) age of Building if 45 years of age or older;
(3) Consumer' s name, address, and account number by Residence;
(4) documentation of eligibility for each Low Income Consumer;
(5) water heater tank location (heated or unheated space) ;
(6) the Electric Power consumption during the 12-month period
preceding the Energy Analysis for each Residence;
(7) Electric Power consumption for the 12-month period following
inspection of the Residence;
(8) date of inspection, inspection checklist, and a list of Measures
accomplished in the weatherization of a Residence;
(9) the disbursement of the funds expended by the Contractor in
accordance with sections 5 and 13;
(10) total cost of weatherization of the Residence including the
Consumer Incentive;
0 1 ) Consumer or Homeowner' s written acknowledgment of receipt of the
indoor air quality brochures, including the Consumer or Homeowner' s written
decision for dealing with radon monitoring and mitigation, if applicable;
•
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( 12) supporting documents and records necessary for Financial Audit
and verification of costs billed to Bonneville; and
(13) supporting documents and records necessary to verify that the
requirements of sections 5 and 13 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.
17. Program Reports . The Contractor shall submit completed 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.
18. Notices and Other Communications. Written communication between the
parties shall be delivered in person or mailed to the address and to the
attention of the person specified below:
If to Bonneville: Bonneville Power Administration
Attn:
(Name and/or Title)(Phone Number)
If to the Contractor: G f+ e-f 4
C
V Sa-D
Attn: rSo t '50-A.-
(Name and/or Title)(Phone Number)
19. 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
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(2) the billing records for a comparable period of time for a sample
of Program nonparticipants .
(b) The Contractor shall , upon 60 days ' notice by Bonneville but no more
frequently than once in any 12-month period, at the discretion of Bonneville
either transmit the data collected to Bonneville or permit access to such data
by Bonneville or its designee for purposes of Program evaluation.
IN WITNESS WHEREOF, Bonneville issues this Amendatory Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
Date APR 26 1985
THE CITY OF ASHLAND
•
By /s/ L. Gordon Medaris
Title Mayor, City of Ashland
Date August 27, 1985
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
Date August 27, 1985
(WP-PKL-2435c)
•
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(AUTHENTICATED COPY)
• Amendatory Agreement No. 14 to
Contract No. DE-MS79-83BP91413
4/16/85
AMENDATORY AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND
This AMENDATORY AGREEMENT, executed A,�,,k�s���� 19 8S 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 the parties hereto have executed a Residential Weatherization
Program Conservation Agreement, Contract No. DE-MS79-83BP91413, which as
previously amended is hereinafter called "Primary Agreement" ; and
WHEREAS the parties, in accordance with sections 4 and 5 of Exhibit A to
the Primary Agreement, desire to amend sections 1 , 5, 6, 14, and 15 of the
body; and sections 1 , 4, 6, and 32 of Exhibit A to implement the cost sharing
policy;
• NOW, THEREFORE, the parties hereto mutually agree as follows:
1 . Effective Date of Agreement. Nothwithstanding Amendatory Agreement
No. 4 dated April 1 , 1984, the effective date of this Amendatory Agreement
shall be 2400 hours on September 30, 1985.
2. Amendment of the Residential Weatherization Program Conservation
Agreement. The Residential Weatherization Program Conservation Agreement is
hereby amended as follows:
(a) Section 1 is amended by adding a new section 1 (o) as follows :
"(o) 'Consumer Incentive' means an amount calculated in accordance
with Exhibit E. or section 2 of Exhibit I ."
(b) Section 5(d) is deleted and replaced by a new section 5(d) as follows:
"(d) The Contractor shall submit claims to Bonneville for Contractor
• costs and the Bonneville cost share portion of Consumer Incentives ,
determined in accordance with Exhibits D or E respectively, subsequent to
the completion of a Bonneville approved inspection checklist and the
Contractor' s determination that each Residence has been weatherized and
mitigation measures, if appropriate, have been installed in a Workmanlike
manner. Except as provided in subsection (f) below, claims for the
Bonneville cost share portion of Consumer Incentives shall be determined
by multiplying the Consumer Incentive in Exhibit E by the Bonneville cost
share percentage in section 32 of Exhibit A. The Contractor shall submit
claims to Bonneville for training costs, determined in accordance with
Exhibit D. subsequent to the determination specified in Item 7 of
Exhibit F."
(c) Section 5 is amended by adding a new subsection 5(f) as follows:
• "(f) Consumer Incentives shall be paid without regard to the
Bonneville cost share percentage in claims received by Bonneville no later
2 .
than October 10, 1985, for Measures installed or completed prior to October 1 ,
1985. "
(d) Section 6 is amended by numbering the existing section as
subsection (a) and adding a new subsection (b) as follows :
"6. Amendment of Agreement.
' (a) 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.
' (b) Notwithstanding the provisions of Amendatory Agreement No. 4
dated April 1 , 1984, the effective date of any amendment to the load
• categories on page 11 of the Final Conservation Cost Sharing Principles
dated January 21 , 1985, shall be effective at the beginning of the first
Budget Year which is no earlier than one calendar year from the date of
issuance of such amendment."
(e) Section 14 is amended by adding a new subsection (e) as follows :
"(e) Nothwithstanding subsections (a) , (b) , and (c) above, payments
made for Consumer Incentive claims received on or after October 1 , 1985,
shall be determined by multiplying the Consumer Incentive in either
Exhibit E or Section 2 of Exhibit I , as applicable, by the Bonneville cost
share percentage in section 32 of Exhibit A."
(f) Section 15(a) is deleted and replaced by a new section 15(a) as
follows:
"(a) The Contractor shall pay Consumer Incentives for retroactive
• claims as indicated in paragraphs (1 ) and (2) below:
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' (1 ) the Contractor shall pay or shall have paid a Consumer
Incentive directly to the Homeowner of the Residence in which the
Measures were installed, or to the Homeowner' s designee, or
1 (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 Consumer Incentive 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 l (b)(5) and 2(b)(2) of
Exhibit C. "
(g) Section 1 of Exhibit A shall be amended by deleting sections 1 (b) ,
1 (d) , 1 (g) , and 1 (j) and adding sections l (bb) , l (cc) , l (dd) , and l (ee) as
follows:
"(bb) 'Actual Firm Bonneville Load' means the Firm Energy portion of
the annual average Metered Requirements, Computed Average Energy
Requirement, or Contracted Requirements under an Electric Utility' s
Regional Act firm power sales contract with Bonneville dated August 25,
1981 , as amended.
"(cc) 'Actual Firm Total Load' means the annual average of an
Electric Utility' s Actual Firm Energy Load as defined in section 3(b) of
an Electric Utility' s Regional Act firm power sales contract with
• Bonneville dated August 25, 1981 , as amended.
4
• "(dd) 'Operating Year' means the period commencing each year on
July 1 and ending the following June 30.
"(ee) ' Planned Firm Bonneville Load' means the average annual firm
energy load that an Electric Utility plans to place on Bonneville as
indicated in Bonneville' s most recently prepared Pacific Northwest Loads
and Resources information."
(h) Section 1 (u) of Exhibit A shall be deleted and replaced by a new
section 1 (u) as follows:
"(u) 'Operating Area' means those portions of Electric Utility
electrical service areas which are located within the Region and within
which the Contractor may operate in accordance with this Agreement. "
(i ) Section 4(a) of Exhibit A shall be deleted and replaced by a new
• section 4(a) as follows:
"(a) Except as provided in subsections (b) , (c) , (d) , (e) , and (f)
below, the provisions of this Agreement may be amended only by mutual
agreement of the parties after completing the following process : "
(j) Section 4(f) of Exhibit A shall be deleted and replaced by a new
subsection 4(f) as follows:
"(f) The cost share table in section 32(b) may be unilaterally
amended by Bonneville if the load categories on page 11 of the Final
Conservation Cost Sharing Principles dated January 21 , 1985, are
subsequently changed by a policy review or policy development process.
Notwithstanding subsection (g) below, such change shall be effective at
the beginning of the first Budget Year which is no earlier than 1 calendar
year from the date of issuance of such amendment. "
• (k) Section 4 of Exhibit A shall be changed by adding a new
subsection 4(g) as follows:
5
• ,(g) 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. "
(1 ) Section 6 shall be amended by adding new paragraphs (e)(5) and (e)(6)
to subsection (e) as follows:
11(5) Approval of the sum of the amounts in the Contractor' s budget
request for this Agreement and in budget requests for all other agreements
containing this provision will not result in the installation of Measures
in an Electric Utility' s electrical service area such that the total of
the estimated annual energy savings from such Measures in the Budget Year
exceeds the Actual Firm Bonneville Load used to determine the cost share
percentage in section 32(b) for such Budget Year.
• ' (6) The portions of the Operating Area for which the budget is
requested meet the eligibility requirement in section 32(a) or
section 32(c)" .
(m) Section 32 shall be deleted and replaced by a new section 32, Cost
Sharing Arrangements , under a new heading I .G. , IN REFERENCE TO COST SHARING
ARRANGEMENTS, as follows:
"I.G. IN REFERENCE TO COST SHARING ARRANGEMENTS
"32. Cost Sharing Arrangements.
' (a) Eligibility. Each year Bonneville shall determine whether
or not the electrical service area of each Electric Utility shall be
eligible for participation under this Agreement during the next
Budget Year. Bonneville shall provide a tentative eligibility
determination to the Contractor prior to May 1 to aid in budget
• preparation. Bonneville shall provide a final eligibility
6
• determination prior to the beginning of the Budget Year for which the
determination is made. In order for an electrical service area to be
eligible, the Electric Utility must:
' (1 ) have a Planned Firm Bonneville Load in the Operating
Year beginning three months prior to such Budget Year and
' (2) have a greater than zero Bonneville cost share
percentage in accordance with subsection (b) below.
' (b) Cost Share Percentage.
' (1 ) Concurrent with the eligibility determination under
subsection (a) above, Bonneville shall determine the Bonneville
cost share percentage for the electrical service area of each
Electric Utility.
• ' (2) The Bonneville cost share percentage shall be based
on the Bonneville load percentage in accordance with the
following table.
' (3) The Bonneville load percentage shall be the percentage
produced by dividing the Actual Firm Bonneville Load for each
Electric Utility by its Actual Firm Total Load. The load
information used to make such determination shall be for the
Operating Year ending three months prior to the Budget Year for
which the determination is being made.
' (4) Such cost share percentage shall be applied to
payments as provided in the body of this Agreement.
•
7
• 'Cost Share Percentage
Bonneville Cost
Bonneville Load Percentage Share Percentage
Equal to or Greater Than 0% 0%
and Less Than 1%
Equal to or Greater Than 1% 75%
and Less Than 40%
Equal to or Greater Than 40% 85%
and Less Than 60%
Equal to or Greater Than 60% 90%
and Less Than 80%
Equal to or Greater Than 80% 95%
and Less Than 90%
Equal to or Greater Than 90% 100X"
(m.1 ) Exhibit F dated 4/1 /85 is deleted and replaced by the attached
• Exhibit F dated 5/1/85.
•
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• (n) If Amendatory Agreement No. 9 dated October 1 , 1984, was incorporated
by reference in accordance with Amendatory Agreement No. 13, it is hereby
removed.
IN WITNESS WHEREOF, the parties hereto have executed this Amendatory
Agreement.
UNITED STATES OF AMERICA
Department of Energy
By /s/ Steve G. Hickok
Assistant Administrator for Conservation
MAY 5 1985
THE CITY OF ASHLAND
By /s/ L. Gordon Medaris
Title Mayor, City of Ashland
Date August 27, 1985
ATTEST:
By /s/ Nan E. Franklin
Title City Recorder
Date August 27 , 1985
(WP-PKL-2495c)
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