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HomeMy WebLinkAbout1985-044 Agrmt AMNDs - BPA No DE-MS79 83BP91413 & 82BP91549Department of Energy Bonneville Power Administration Eugene District Room 206, U.S. Federal Building 211 East 7th Avenue Eugene, Oregon 97401 Inreplyreferto: OPG November 13, 1985 Mr. Brian L. Almquist, City Administrator City of Ashland City Hall Ashland, Oregon 97520 Dear Brian: Enclosed for your files are two authenticated copies of the City of Ashland's Amendatory Agreement No. 4 to the Street and Area Lighting Contract Agreement, Contract No. DE-MS79-82BP91549 and Amendment Agreement Nos. 13 and 14 to the Residential Weatherization Program Conservation Agreement, Contract No. DE-MS79-83BP91413. Please call if you have any questions. Sincerely, Jack R. Miller Public Utilities Specialist Enclosures (AUTHENTICATED COPY) Amendatory Agreement No. 4 to Contract No. DE-MS79-83BP91549 4117/85 AMENDATORY AGREEMENT executed by the UNITED STATES OF AMERICA DEPARTMENT OF ENERGY act}ng by and through the BONNEVILLE POWER ADMINISTRATION and THE CITY OF ASHLAND Th~s AMENDATORY AGREEMENT, executedA t ~...~~.~.- , 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 part~es hereto have executed a Street and Area L~ght~ng Program Conservation Agreement, Contract No. DE-MS79-83BP91549, which as previously amended is hereinafter called "Primary Agreement"~ and WHEREAS the part~es, in accordance with sections 4 and 5 of Exhibit A to the Primary Agreement, desire to amend sections 1 and ll of the body; and sections l, 4, 6, and 32 of Exhibit A to implement the cost sharing policy; NOW, THEREFORE, the part~es hereto mutually agree as follows: 1. Effective Date of Acjreement. The effective date of this Amendatory Agreement shall be 2400 hours on September 30, 1985. 2. Amendment. of the Street and Area Lighting Program Conservation Agreement. The Street and Area Lighting Program Conservation Agreement is hereby amended as follows: (a) Section 1 is amended by adding a new section l(j) as follows: "(~) 'Consumer Incentive' means an amount calculated in accordance with subsections ll(b), (d), (e), (f), and (g) below." (b) Section l(g) is deleted and replaced by a new section l(g) as follows: "(g) 'Operating Area' means that portion of the Contractor's electrical service area which is located within the Region." (c) Section ll shall be amended by relettering current subsections (a) through (f) to (b) through (g) respectively and inserting new subsections (&) and (h) as follows: "(a) Except as provided in subsection (h) below, Bonneville shall pay the Bonneville cost share portion of Consumer Incentives, which shall be determined by multiplying the Consumer Incentive calculated in accordance with subsections (b), (d), (e), (f), and (g) below by the Bonneville Cost Share percentage in section 32 of Exhibit A." '(h) Consumer Incentives shall be paid without regard to the Bonneville cost share percentage in claims received by Bonneville no later than October lO, 1985, for Measures installed or completed prtor to October 1, 1985." (d) Section 1 of Exhibit A shall be amended by deleting sections l(b), l(d), l(g), and 1(~) and adding sections t(bb), l(cc), l(dd), and l(ee) as follows: (k) If Amendatory Agreement No. 3 dated December l, 1984, was accepted by the Contractor, ~t is hereby removed. IN WITNESS WHEREOF, the parties hereto have executed th~s Amendatory Agreement. UNITED STATES OF AMERICA Department of Energy ATTEST: By /s/ Nan E. Franklin Title City Recorder Date August 27, 1985 (WP-PKL-2496c) 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 (AUTHENTICATED COPY) Amendatory Agreement No. 13 to Contract No. DE-MS79-83BP91413 4/15/85 AMENDATORY RESIDENTIAL WEATNERIZATION 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 Sectlons Section 2. 3. 4. 5. 6. 7. 8. 9. Definitions .................................................. Term of Agreement ............................................ Exhibits ..................................................... Program Overview ................. ~ ........................... Contractor Duties ............................................ Amendment of Agreement ....................................... Prior Amendments ............................................. Contractor Participation ..................................... Allocated Budget Share ....................................... Page 3 6 6 6 6 9 9 9 9 Section 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Additional Budget Submittal Requirements ..................... Quality Control .............................................. Payment Procedures ........................................... Prior Performance Procedures ................................. Retroactive Payments ......................................... Use of Bonneville Funds by Contractor ........................ Program Records .............................................. Program Reports .............................................. Notices and Other Communications ............................. Program Evaluation ........................................... Exhibit A (General Conservation .Contract Provisions) ......... Exhibit B (Measures) ......................................... Exhibit C (Payment Methods) .................................. Exhlbit D (Contractor Costs) ................................. Exhibit E (Consumer Incentive) ............................... Exhibit F (Referenced Documents) ............................. Exhibit G (Allocated Budget Share) ............................ Exhibit H (Transition Payment) ............................... Exhlb~t I (Retroactive Payment) .............................. Page 10 10 11 12 12 14 14 16 16 16 6 6 6 6 6 6 6 6 6 This AMENDATORY AGREEMENT ,~y~' ~ '~ , 1985, by the UNITED STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE POWER ADMINISTRATION (Bonneville), and THE CITY OF ASHLAND (Cbntractor), a municipal corporation of the State of Oregon, WITNESSETH : WHEREAS the parties her,to, on ./~.~/~ql~ ~ 1983. executed the Residential Weatherlzation Program Conservation Agreement (Contract No. DE-MS79-83BPg1413, 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; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Definitions. (al "Building" means a structure containing one or more Residences and within which: (1) (2) all Residences are owned by one Homeowner; or 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. (el "Homeowner" means the fee owner, mortgagor, or the contract vendee of a Residence, including one used for rental purposes. (fl "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. (gl "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. (hi "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. (ii "Low Income Consumer" means a Consumer whose combined household income, determined in accordance with Item l0 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) '~perating 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. (mi "Seasonal Residence" means any Residence determined by the Contractor to be occupied for less than 180 days of each year. (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 ~T-_ "_)m F '- _ 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), Exhtblt E (Consumer Incentive), Exhibit F (Referenced Documents), Exhibit G (Allocate~ Budget Share), EXhibit H (Transition Payment), and Exhibit I (Retroactive Payment), are hereby made a part of this Agreement. Prior Exhtbtts 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 4/1/85 attached hereto. 4. Program Overview. The purpoqe 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 ob~ectlves 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 ~n Item 7 of ExhJbit F. The Energy Analysis shall be performed by a person other than the Installer of Measures listed ~n sections 1 and 2 of Exhibit B or such Installer's subcontractor. At the time of the Energy Analysts of the Building, or at any time thereafter, and upon approval by the Consumerlor Homeowner, the Contractor may provide for the Horkmanlike 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 ~onditlons and measurement of the Residence as determined ~n 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 th~s Agreement or an alternate heat loss methodology indexed in accordance with the procedures contained in Item 4 of 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. (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 d~rectly 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 Exhlbit 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, ll, 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. 10. Additional Budqet Submlttal Requirements. (a) For purposes of thls Agreement, the ~n~tial budget request must be received by Bonneville no later than October 31, 1983, ~n order to be considered ttmely. (b) For each Budget Year the Contractor's request shall be submitted on work plan and budget forms referenced ~n Item 9 of Exhibit F and shall contain all i-nformat~on requested that ~s appllcable for such Budget Year. (c) For each Budget Year the Contractor shall submit, in the work plan referenced In Item 9 of Exhlbit F, one of the followlng cost control mechanisms to be used by the Contractor in the determlnatlon of the Consumer Incentive available for Low Income Consumers: (1) three estimates from ~nstallers with work awarded to the entity submittlng the lowest estimate or an estimate w~thin 20 percent of the lowest estimate; (2) a limlt 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 ~nstallations 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. ll. Quality Control. (a) Bonneville lntends to review the Contractor's Program, typically quarterly, but no less frequently than annually', to determine substantial compllance with the terms of th~s Agreement. Such review may include, but is lO not limited to, inspection of the Contractor's procedures, records or accounts and inspection of weatherized Residences. Results of the review will be conveyed, tn writing, to the Contractor, in a timely manner, following completlon 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 Exhtblt 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 compllance with this Agreement. 12. PaYment Procedures. (a) Subject to the provisions in section ll(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 tlmely 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 ll(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 ll 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 w~th th~s Agreement Bonneville shall consult with the Contractor and may: (1) place the Contractor on the mandatory cost reimbursement method described ~n section 4 of Exhibit C; (2) suspend the Contractor's participation in the Program in accordance w~th sect}on 13 of Exhibit A: or (3) pursue corrective actions or f~nancial adjustments. 13. Prior Performance Procedures (a) Bonneville shall complete a review of the Contractor's Program completed during the per~od from October l, 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 t~me of performance. (b) The review may include, but is not l~m~ted to, inspection of the Contractor's procedures, records or accounts, and ~nspect~on of weather}zed Residences. Such inspection of Residences shall determine whether the weather~zat~on was done ~n a Workmanlike manner. The procedures in Il(b), 12(b), and 12(c) are appllcable ~n review of the Contractor's prior performance. 14. Retroactive Reimbursement. (a) Notwithstanding sectlon 7(b)(1)(C) of Exhibit A, Bonneville shall pay the Contractor the amount determined In accordance with Exh~bit I for installed Measures l~sted ~n Exhibit B, which are inspected in accordance w~th section §(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 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. (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 1 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 ele6tlto 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 13 of such amount in such Budget Year. Hydronic pipe insulation shall not be elig}ble for retroactive reimbursement. 15. Use of Bonneville Funds by Contractor. (a) The Contractor shall use retroactive claim payments received from Bonnev}lle in accordance with sectlons 14(a), (b), and (c) as follows: (1) the Contractor shall pay or shall have paid an equal amount of funds dlrectly to the Homeowner of the Residence in which the Measures were ~nstalled, 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 Res}dence ~n which the Measures were ~nstalled, or to the Homeowner's designee, the Contractor shall use the funds paid by Bonneville and the ~nterest 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. Th~s subsectlon 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 Resldence ~n which the 'Measures were installed to the extent the Homeowner has paid the Contractor for conducting an energy analysis. 16. Pro~ram 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 14 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 malntain a record of the following information regarding its transactions concerning the Measures listed In sections 1 or 2 of Exhlbit B that are accomplished in a Building: (1) date of performance and the results of the Energy Analysis, includlng 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 ellgibility 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 Analys~s for each Resldence; (7) Electric Power consumption for the 12-month period following inspection of the Residence; (8) date of inspection, }nspection checklist, and a l~st of Measures accomplished In the weatherizatlon of a Residence; (9) the d~sbursement 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; (ll) Consumer or Homeowner's wrttten acknowledgment of receipt of the indoor a~r quality brochures, including the Consumer or Homeowner's written dec~sion for dealing with radon monitoring and mitigation, if applicable; 15 (12) supporting documents and records necessary for Financial Audit and verificatlon 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 lO. 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 If to the Contractor: Attn: (Name and/or Title)(Phone Number) Attn: ~jO 4/g2. (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 16 (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) 17 (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 BONNEVI'LLEPOWER ADMINISTRATION and THE CITY OF ASHLAND This AMENDATORY AGREEMENT, executed ~4~.~,~' ~:~, ~ BS , 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 l, 5, 6, 14, and 15 of the body; and sections l, 4, 6, and 32 of Exhibit A to implement the cost sharing pol icy; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Effective Date of Agreement. Nothwithstanding Amendatory Agreement No. 4 dated April l, 1984, the effective date of this Amendatory Agreement shall be 2400 hours on September 30, 1985. 2. Amendment of the Residential Weatherization Proqram Conservation A~reement. The Residential Weatherization Program Conservation Agreement is hereby amended as follows: (a) Section 1 is amended by adding a new section l(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 ~nstalled or completed prior to October 1, 1985." (d) Section 6 is amended by numbering the existing section as subsection (a) and addtng a new subsection (b) as follows: "6. Amendment of A~reement. '(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 provlding a detailed explan&tion of the reason the proposal is necessary. '(b) Notwithstanding the provisions of Amendatory Agreement No. 4 dated April 1, 1984, the effectlve date of any amendment to the load categorles on page 11 of the Final Conservation Cost Sharing Principles dated January 21, 1985, shall be effectlve at the beginning of the f~rst Budget Year whtch is no earlier than one calendar year from the date of Issuance of such amendment." (e) Section 14 ls amended by adding a new subsection (e) as follows: "(e) Nothwithstanding subsections (a), ~b), and (c) above, payments made for Consumer Incentive clalms received on or after October 1, 1985, shall be determined by multiplying the Consumer ~ncentive in either Exhiblt E or Section 2 of Exhibit ~, 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 ~ncent~ves for retroactive claims as ~ndicated in paragraphs (1) and (2) below: '(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 '(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." (gl Section 1 of Exhibit A shall be amended by deleting sections l(b), l(d), l(g), and l(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. "(dd) 'Operating' Year' means the period commencing each year on July 1 and ending the following June 30. "(eel 'Planned Firm Bonneville Load' means the average annual firm energy load that an Electric Utility plans to place on Bonneville as indicated in Bonnevllle's most recently prepared Pacific Northwest Loads and Resources information." (h) Section l(u) of Exhibit A shall be deleted and replaced by a new section l(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(al of Exhibit A shall be deleted and replaced by a new section 4(al as follows: "(al Except as provided in subsections (b), (c), (d), (el, and (fl below, the provisions of this Agreement may be amended only by mutual agreement of the parties after completing the following process:" (~) Section 4(fl of Exhibit A shall be deleted and replaced by a new subsection 4(fl as follows: "(fl The cost share table in section 32(b) may be unilaterally amended by Bonneville if the load categories on page ll of the Final Conservation Cost Sharin~ Principles dated January 21, 1985, are subsequently changed by a policy review or policy development process. Notwithstanding subsection (gl 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(gl as follows: 5 "(gl 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 (el(5) and (el(6) to subsection (el as follows: "(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. '(al 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 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 Percentaqe. '(1) Concurrent with the eligibility determination under subsection (al 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. 'Cost Share Percentage Bonneville Load Percentaqe Equal to or Greater Than 0% and Less Than 1% Equal to or Greater Than 1% and Less Than 40% Equal to or Greater Than 40% and Less Than 60% Equal to or Greater Than 60% and Less Than 80% Equal to or Greater Than 80% and Less Than 90% Equal to or Greater Than 90% Bonneville Cost Share Percentaqe O% 85% 9O% 95% 100%" (m.1) Exhibit F dated ¢/1/85 is deleted and replaced by the attached Exhibit F dated 5/1/85. (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 ATTEST: By /s/ Nan E. Franklin Title Date City Recorder August 27, 1985 .(NP-PKL-2495c) THE CITY OF ASHLAND By /S/ L. Gordon Medaris Title Mayor, City of Ashland Date August 27, 1985