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HomeMy WebLinkAbout5.855 Original Contract 5.855 '- PEel EnergySmart Program Service Agreement Overview Portland Energy Conservation Incorporated (PECI) is implementing the EnergySmart Program (ES) throughout various City territories in the Northwest. The City of Port Angeles (City) has . \ . signed and submitted a participation letter inviting PECI to conduct the EnergySmart (ES) . program in their territory. This agreement outlines each party's involvement'and commitment. Program Timeframe The terms of this agreement is effective from date of signin~ and continue through June 30, 2009. '. Services This Agreement covers the services specified in Attachment A Scope of Work, which is hereby included and made a part of this Agreement. PECI agrees to perform the services specified in Attachment A in the manner and within the time specified therein. Except as expressly provided elsewhere in this Agreement, any and all modifications or revisions to Attachment A (including, but not necessarily limited to, additions, deletions and extensions) must be in writing and signed by both parties. Documentation PECI shall maintain records documenting all fees and expenses in excess of$5.00, incurred either by PECI or any subcontractor of PECI in the performance of this Agreement. During regular business hours and upon reasonable notice, the City, or its designee, shall have the right to inspect and audit all records required to be maintained under this Agreement. Insurance PECI, and any subcontractor engaged by PECI in its performance of this Agreement, shall carry and maintain fully paid commercial general liability, automobile liability and workers compensation insurance. All policies shall be written only by insurers admitted to do business in Washington and having a rating of at least "A" and a financial rating of at least "VIII" on the most current edition of Best's Key Rating Guide or comparable rating by another generally recognized rating agency. All policies shall be endorsed to (a) specify the City of Port Angeles as an additional insured to the full extent of its right to indemnification under this Agreement, and (b) provide that the City shall be given no less than thirty (30) days advance written notice of cancellation or material change in coverage. Certificates of insurance shall be sent to the City before work begins. PECI shall obtain the following minimum insurance coverage ("Required Insurance") prior to the Effective Date, at its expense, and keep the Required Insurances in effect during the Term (except with respect to Professional Liability Insurance, when they shall be kept in effect for a period of the Term plus two years): 1. Workers' Compensation Insurance in compliance with statutory requirements; PECI ES Service Agreement (v2) 1 ..' '" i...' ... .1 . " 2. Commercial General Liability Insurance (including contractual liability), on an occurrence basis, with not less than $1,000,000 per occurrence for bodily injury and property damage liability, with an annual aggregate limit of $2,000,000; 3. Professional Liability Insurance, including~rrors and omissions coverage, with a per occurrence and aggregate limit of not less than $1,000,000; to protect against all loss suffered by the City of Port Angeles or third parties, including financial and consequential loss, caused by error, omission, or negligent acts related to provision of the Services; 4. Commercial Automobile Liability Insurance, with a combined single limit, or the equivalent of not less than $1,000,000 per occurrence, for bodily injury and property. damage with respectto PECI's vehicles, whether owned, hired, or non-owned, assigned to, or used by PECI in connection with the Serv!ces; and 5: Umbrella coverage in excess ofthe Workers' Compensation Coverage B (Employers' Liability), Commercial General Liability, and Commercial Automobile Liability _ : insurances specified above of not less than $5,000,000. The Required Insurances shall be with insurance companies admitted to do business in the state of Washington and rated "A" or better by Best's Insurance Rating. PECI shall furnish the City with certificates of insurance for each of the Required Insurances. The Commercial General Liability, Commercial Automobile Liability, and Umbrella Coverage shall (i) name City of Port Angeles, its directors, officers, and employees, as additional insured, (ii) provide that it is primary insurance with respect to the interests of the City and that any insurance maintained by the City is excess and not contributory, (iii) include a cross-liability and severability of interest clause, and (iv) shall include coverage for Hazardous Substances. In the event PECI fails to maintain, or require its subcontractors to maintain, insurance policies in compliance with this provision, The City may in its discretion either purchase such insurance coverage and charge the premium to PECl or treat such failure as an event of default by PECl and terminate this Agreement for breach of contract. Governing Law, Venue and Attorney's Fees The laws of the State of Washington shall govern this agreement. Exclusive venue in case legal suit or action is instituted to enforce compliance with any terms, covenants, or conditions of this _ agreement shall lie in Clallam County, Washington. Both parties agree to submit to the personal jurisdiction of any court of competent subject matter jurisdiction in Clallam County, Washington. In the event of legal suit or action, including any appeals there from, brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall reimburse the , prevailing party for its reasonable attorney fees and costs incurred in the suit or action including investigation costs, expert witness fees and all costs of depositions. If any part of this agreement is found to be in conflict with applicable laws, such parts shall be inoperative, null and void so far as it is in conflict with said laws, but the remainder of this agreement shall be in full force and effect. Suspension by the City The City may suspend, in writing, all or a portion ofPECl'~ services under Attachment A in the event unforeseen circumstances make normal progress in the performance of the PECl's work inadvisable in the opinion of the City. PECl may request that the work be suspended by notifying . PECI ES Service Agreement (v2) 2 the City, in writing, of circumstances which are interfering with normal progress of the work. The time for completion of the remaining work shall be extended by the number of days the work is suspended by the City, unless both parties ~an mutually agree upon a new completion time. In the event the period of suspension exceeds 90 days, the terms of this Agreement shall be subject to renegotiation; provided, however, that if such renegotiation of a mutually acceptable replacement contract has not occurred within 180 days after suspension (Renegotiation Period), then either party may terminate this Agreement in accordance with the early termination provision hereof, provided further, that the failure to renegotiate this Agreement within the Renegotiation Period shall not be construed 'as a breach ofthe Agreement by either Party. Early Termination of Agreement Prior to Expiration of the Term Either party shall have the right, but not the obligation, to terminate this Agreement, on sixty (60) days written notice, in the event the other party's service or performance fails to conform to the requirements of this Agreement. PECl shall have the right, ,but not the obligation, to, terminate, this Agreement; effective upon expiration of the Cure Period, in the event the City fails to pay any arrearage within the Cure Period. Either Party shall have the right but not the obligation, to terminate this Agreement in the event work is suspended under this Agreement for a period in excess of90 days and no renegotiation of this Agreement has occurred within the Renegotiation Period. Any right of early termination shall be in addition to, not in replacement of, any and all rights and remedies a party may have for breach of the Agreement by the other Party. Subcontractors PECl may contract with one or more qualified subcontractors to perform a portion of the services specified in the Scope of Work; provided, however, that PECl shall remain solely responsible to the City for all performance under this Agreement and, provided further, that the City shall have no responsibility for the review or supervision of the work of any subcontractor. All subcontractor agreements shall require the subcontractor to comply with the invoicing, insurance, suspension of work, audit, documentation, confidentiality and return of records obligations imposed on PECl by this Agreement. No subcontractor shall be deemed to be a third party beneficiary of this Agreement or to have any other rights under this Agreement. PECl shall be fully responsible to the City and Owner for acts or omissions of any subcontractor performing any portion of the work under this Agreement, or any person directly or indirectly employed by any subcontractor, and nothing contained herein shall create any contractual relationship between subcontractors and the City. Relationship of Parties/Independent Contractor PECl is an independent contractor, and this is not an agreement of partnership, agency, or employment ofPECl or any ofPECI's employees by the 'City. It is understood and agreed that the equipment used and personnel employed by PECl in performing this Agreement shall at all times be under the sole and exclusive control ofPECI-:- PECl shall not create any obligation or assume any responsibility on the part of the City nor attempt to bind the City in any way whatsoever; nor shall PECI represent in any manner that it is an agent of the City or associated or affiliated with the City in any capacity other than as an independent contractor. Individuals employed by PECl are not employees or agents of The City, nor are PECl's subcontractors employees or agents of The City. Each Party is solely responsible for payment of compensation to its employees and personnel and will withhold and pay to PECl ES Service Agreement (v2) 3 the appropriate authorities all taxes, contributions, and assessments imposed or required under all laws with respect to payments. The PECI will require these terms in all agreements with ~ubcontractors.for work undertaken for this Agreement. Return of Records. . On termination of the contract, PECI will consult with the project manager at the City about whether pertinent records should be returned. If requested, PECI will deliver to the City all.. . records, reports, data memoranda, notes, models or publications whether electronic or hard-copy, equipment and supplies of any nature, and receipts for any and all billing made to the City that are in possession or under control of PECI, prepared or acquired in the course of the contract with The City. . Further, PECI agrees not to keep or withhold such information or data, or reproductions of such information or data that relate to the business activities of the City or to parties in a contract relationship with the City. Alternativ~ly, if the return of records and . equipment or supplies is not requested, PECI agrees to retain these items for three years after .the completion or'this contract arid to notify the City pI-oj ect hlimager at the end of that time before. .., disposing ofthem. PECI shall include a provision substantially identical to the foregoing in all its Subcontractor Agreements. Indemnification PECI will indemnify, hold harmless, and defend the City and, its officers, employees, agents, representatives, and affiliates (each an Indemnified Party) against any and all losses, liabilities, damages, claims, suits, proceedings, judgments, assessments, costs, and expenses (including interest and penalties), and including reasonable attorney fees and expenses, incurred by the City and arising from (i) negligent or wrongful acts or omissions ofPECI or of its officers, employees, agents, representatives, or subcontractors, affiliates, (ii) breach by PECI or of its officers, employees, agents, representatives, subcontractors, or affiliates of this Agreement, or (iii) any . findirig, judgment or other determination or settlement whereby PECI is deemed or considered to be the employer ofthe other Party. --/ The Parties specifically agree that the provisions of this Section also apply to any claim of injury or damage to the persons or property ofPECI's employees. PECI acknowledges and agrees that, as to such claims, PECI, with respect to the City, hereby waives any right of immunity which PECI may have under industrial insurance (Title 51 RCW as amended and under any substitute or replacement statute). This waiver was specifically negotiated by the Parties, is solely for the benefit of the Parties and their successors and assigns, and is not intended as awaiver ofPECI's right of immunity under said industrial insurance for any other purpose. Acceptance and Payment This Agreement covers the reimbursement roles and responsibilities specified in Attachment B Scope of Work, which is hereby included and made a part ofthis Agreement. Except 'as expressly provided elsewhere in this Agreement, any and all modifications or revisions to Attachment B (including, but not necessarily limited to, additions, deletions and extensions) must be in writing and signed by both parties. . Upon completion of the work, PECI will notify the City that the job is complete, and upon approval by the City, the Owner, or the Owner's designee, may then invoice the City for the rebate amount. The Owner, or the Owner's designee, will be paid within thirty (30) days subsequent to City acceptance of the work and after an acceptable invoice has been received by the City. The Owner PECI ES Service Agreement (v2) 4 or the Owner's designee shall promptly pay all subcontractors and materials providers employed by the Owner or the Owner's designee in connection with installations under this Agreement. All material and workmanship shall be subject to inspection, examination and testing by duly authorized agents of the City at any and all times during or after installation of materials. The City and the Owner shall have the right to reject defective material and workmanship and/or require its correction without cost or expense to the City or the Owner. In the event the subcontractor fails or refuses to .correctany defect, as set forth herein, the City may, at its option, deduct an equitable amount from any payment owing or to be owed to the subcontractor or take such other steps as it deems appropriate. Force Majeure. , Notwithstanding ariytlll~gcontaiu'ed in this Agreement to the contrary, neither Party will be deemed liable or to be in default for any delay or failure in performance under this Agreement deemed to result from acts of God, acts of civil and military authority, acts of public enemy, war, or any like cause beyond the Parties' reasonable control. Severability Should any provision of this Agreement be held by a tribunal of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. Signature: City . Signature: ~_A{~-- , Name: Glel')lt A. C v,..\.~ Date: No v" I z.. I 2- '(') tJ J ;/ Date: /tJ/~rl# 7 Name: City Attor!' Signature: ~_.hJ ~~ Name: 7J~ft)Nt.5 (!.. ")) Ie! K.sott/ Date: 10~ 7 PECI ES Service Agreement (v2) 5 Attachment A: Scope of Work Attachment A outlines services PECI will perform. Eligible Customers The EriergySmart Grocery program defines eligible customers as those who have commercial refrigeration load. Customers include: 1) National chain supermarkets 2) Independent groceries . 3) Comer groceries 4) Specialty shops (ice cream, butchers, etc) 5) Institutional kitchens (schools, hospitals, prisons, factories; universities, assisted living and nursing care facilities, etc.) 6) Regional chain groceries 7) Food marts 8) Convenience stores 9) Florists 10) Liquor Stores 11) Buffet restaurants 12) Sit-down restaurants PECI Program Services Service 1. Initiathig Customer Contact: PECI will contact the City before making customer . contact. PECI will work out any of the City's specific requirements before initial customer contact is made. Specific actions a City may require for initial contact may include anyone of the following: 1. The City will generate a letter to be mailed to its customer base informing them about program opportunities. The letter will outline next steps in the process and provides program contact information for scheduling audits. PECI will then call customer and provIde additional information if needed and schedule date and time for audit. As the program gains momentum, local contractors may become interested in leveraging the program in tneir calls: Contractors may see the benefits of promoting the EnergySmart Program to their customers, which might spur market activity and result in increased energy savings. Contractor actions are not controlled by this Service Agreement. Service 2. Audit Appointment Scheduled: After the above pre-requirements are met, PECI program staff will sched~le an appointment with the customer. PECI will communicate dates and times for all scheduled ~udits along with a list of customers contacted and whether they accepted, declined or were not able to be reached. The City is welcome to attend any of the audits. Not eyery customer will receive an audit from the program. Experience shows that many facilities can take action through a well trained cadre of contractors and that an audit does not deliver the same return in terms of energy saving activity. Soliciting audits is at the discretion ofPECI and will be made on a case-by-case basis. Any audit requests made by the City or customer will be fulfilled. .. Service 3. Conducting Audit: Store type will determine the variety of audit needed to move the customer forward. Larger facilities with .complex refrigeration loads, such as national chain Service Agreement (v2): Attachment A I supermarkets, regional chain groceries and independent groceries, will receive a comprehensive audit and report. The comprehensive audit and report will include: 1. Detailed walkthrough assessment ofthe store conditions and equipment 2. Site specific recommendations with projected cost savings, payback, estimate ofproject . cost and projected City incentive 3. Letter outlining recommendations 4. Pictures of store conditions (as needed) 5. Input report of store conditions 6. Program materials such as rebate applications, marketing materials, etc. . Smaller facilities such as food marts, comer groceries, convenience stores, fast food establishments, florists, etc. will receive a site assessment. A site assessment will include the following: 1. Detailed walk through assessment of the store conditions and equipment 2. 'Discussion with store decision maker around Field Energy Analyst (FEA) assessment 3. Program materials such as rebate applications, marketing materials, etc. These smaller facilities typically do not have the sophisticated refrigeration system loads and therefore do not require the extensive audit report. If an FEA determines a smaller facility warrants the comprehensive energy saving report one will be produced. Where appropriate, the FEA may decide to install small, quick payback items on the first store visit. These items may include: (please list what other measures the FEA might install that the City will not be able to claim) 1. Cooler Miser controls: Cooler Misers use a passive infrared sensor to determine occupancy in the area of the cooler. These devices will be installed on beverage merchandisers in stores that do not operate 24 hours a day. 2. Compact Fluorescent Lamps (CFLs): CFLs may be installed in walk-in coolers and freezers, check-out stands, offices and other spaces that are currently utilizing incandescent bulbs. The installation serves two purposes. First and foremost, it produces immediate success, gaining the trust ofthe business and engendering good will for the program. Secondly, it ensures savings at every site, even if the business decides not to move forward with larger retrofits. BP A is paying for the installation of the quick payback measures stated above and therefore claims the savings. Service 4. Managing and Enrolling Contractors: To effectively service BPA's large territory and maximize resources PECI will train and manage a group of contractors to communicate the ES Program and provide retrbfits. To accomplish this, PECI will have two levels of contractor relationships: Preferred and Participating. The methods for recruiting, training and overseeing quality assurance for all contractors participating in the program is outlined below. Preferred Contractors Preferred Contractors will have a high level of collaboration with the Program. These contractors will help service the small, hard to reach refrigeration businesses such as convenience, fast food, comer markets, and others. These smaller stores typically have refrigeration systems and energy requirements that are less complicated then a full size grocery store and do not always necessitate a full EnergySmart audit. Energy efficient measures will be identified through trained and managed vendor relationships. Service Agreement (v2): Attachment A 2 PEClhas strict requirements for Preferred Contractors (Please provide license, and minimum insurance and bond requirements for Preferred Contractors). Contractors are chosen for their high quality of work, ability to understand and adapt to new processes and effectiveness in the market. Participating Contractors Participating Contractors will likely be the larger refrigeration contractor and supply companies. Participating Contractors will likely follow the FEA Energy Saving Report recommendations or generate their own leads. Some of the Participating Contractors will come from the store personal contractor relationships. These contractors will be trained about the program and requirements as they arise. PECI will meet with all contractors to evaluate their skills and level of interest in working with theProgr~m. Interested contractors will be required to complete a Contractor Participation . Application (Please provide copy of Contractor Participation Application to City and license, insurance and bond requirements for Participating Contractors) and receive marketing materials, training and general support from the Program. PECI cannot prevent contractors from contacting their customers and promoting the Program. If PECI determines a contractor has been misrepresenting the Program by any means, PECI will immediately contact the contractor to resolve the issue. Service 5. Technical Design Review: The Program can provide a technical design review for proposed work in a store on equipment such as multiplex, efficient compressors and efficient condensers. A formal technical review is conducted on system oriented projects and a letter will be provided noting potential rebates and whether or not proposed items meet the Program terms and conditions. This service is designed to assist in the decision making process of purchasing energy saving equipment. This review can be requested by the program FEA or customer. Service 6. Process rebates and Reporting: see Attachment B Service 7. Program Communication: PECI will keep City informed around program activity and audits. PECI will provide the following information as necessary to City: · Listing of customer audits performed . Electronic version of audited store Energy Saving Report (What software is used for . reporting?) Projected monetary commitments PECI program staff will also be in communication with the City in person, phone and email as necessary . Service 8. Determining installed kWh savings: PECI will use its Regional Technical Forum approved proprietary modeling software, GrocerSmart, to determine energy savings by measure installed. The energy savings are based on DOE-2 parametric runs and engineering calculations which account for many variables including the facility's particular climate zone, compressor configuration, condenser type, condenser degradation factors, and hours of operation. PECl's software estimates are site and climate specific. PECI will use these savings calculations when submitting measure Carts to the City. PECI will also derive prescriptive energy savings for measures that do not require an onsite audit. These measures are not climate or system specific. BP A has accepted these calculations for the purpose of PTR reporting. Service Agreement (v2): Attachment A 3 Lighting savings will be estimated using the BP A Commercial/Industrial Lighting Offer (CILO) procedures. Gaskets and auto-closers . . Gaskets and auto-closers for reach-in and walk-in doors are low to no cost energy saving measures. The program utilizes these measures to deliver irrimediate energy savings while . building the relationship with the store to move them forward with larger, more complex energy opportunities. PECl adopted the California Public Utility Commissions (CPUC) saving methodology for these measures. The Regional Technical Forum has reviewed the CPUC's methodology and determined that there is not enough empirical. evidence to justify the proposed savings. However,.they do feel that these measures are worthwhile and save energy. The Regional Technical Forum has created a subcommittee to perform onsite monitoring and lab testing in order to better understand the actual savings for thes~ measures. Until the Regional Technical Forum has fmalized the energy savings these measures are no longer available for an incentive from the City. BP A believes the test data will show good savings and will reinstate these measures after the savings have been verified. Until the analysis is complete BP A is offering to pay for these measures through program administrative funds. No savings will be claimed by the City or BP A until savings have been approved by the Regional Technical Forum. Service 9. Post-Installation Inspections PECI shall be responsible for all on-site inspections and compliance with all BP A requirements. PECI will provide lOO percent verification that measures are installed and operating through reviewing applications, installing contractor invoices and other technical documents (as applicable) for all installed measures. Measures with a total project cost (installation and materials) exceeding $5,000 will receive an on-site inspection from Program staff. A project is defmed as the installation of measures at a customer facility. A customer may have multiple projects throughout the duration ofthe program, which mayor may not require an on-site . inspection. Example of when an on-site inspection is required: Store A receives work on gaskets and auto- closers in May and the total project cost is $3,500. PECl will verify by reviewing applications and installing contractor invoices. In July, Store A installs night covers with a project cost of $10,000. PECl will perform on-site inspection to verify night cover installation. For all on-site inspections, the FEA will complete and sign a post-installation form, and rebates are not issued until the Program receives the completed post-installation form. Controls may have a project cost over $5,000 but not require an on-site inspection ifthe customer or contractor can provide sufficient documentation that the controls are installed and performing properly. Under current Commercial & Industrial Lighting rules, utilities are required to perform a pre and post inspection. Therefore, either PECI, or its representative, or the City representative must perform both inspections to count energy savings for measures subject to these requirements. . Service Agreement (v2): Attachment A 4 The following matrix outlines the t e of verification and fre uenc . :Wtl~nJins.ectionilisJequi r~g 100% verification via reviewing applications and invoices b PECI 100% site inspections By PECI Installed measllfes - existing contractor - project cost < $5,000 Installed refrigeration measures - existing contractor - project cost> $5,000 Installed lighting measures 100% site inspection OR documentation controls have been installed and operating By PECI or FEA 100% site inspection either by PECI or City Installed controls Service 10. Reporting via Planning, Tracking and Reporting (PTR) system: After installation is verified through appropriate verification and frequency as stated above, PECI will generate and submit EnergySmart PTR Shopping Cart to City. The Shopping Cart will include the following information: · Store information including site address, store type, building identification where applicable · Identification of audits performed prior to the installation using the unique ill function · Measures installed reference number · Rebate per measure (the amount to be reimbursed/credited by BP A) · kWh savings per measure(s) · Supporting documents such as invoices, applications, spec sheets, etc. will be sent to City under separate cover (email). . Measure Cart will be submitted to City for acceptance. City review process is outlined in option one and two of Attachment B. Measure List and Rebates Approved measure list and specifications will be available via the PTR system. Any approved savings values associated with a measure are also found on the PTR site. Measures without savings values means a measure where the GrocerSmart model will be used to calculate the savings values. For strip curtains, auto closers, and door gaskets, BP A will also accept retroactive savings for measures that are approved by the RTF. Refrigeration rebate values can be found on the program rebate application. PECI may change the rebate application and refrigeration rebate values with prior approval of the City anytime during the Agreement (at the City service territory level, where program implementation costs justify such a change). The incentive to the City remains the same as provided in the PTR. PECI must work with the City to determine what the rebate to the consumer will be if it is different than that provided in the PTR. PECI may add measures to their rebate list based on these agreements with the City. PECI Service Agreement (v2): Attachment A 5 '. '\ will work with the City to assure there isn't confusion regarding measure reporting to assure that measures are not reported more than once in the PTR system. PTR measure list also includes . custom projects. PECI and Contractors must comply with PTR specifications, standards, process, forms and any required inspections or evaluations. CRC, CAA or HWM willingness to pay amounts set by BP A. Service Agreement (v2): Attachment A 6 I Attachment B: Rebate Reimbursement Roles & Responsibilities Attachment B outlines the reimbursement roles and responsibilities. City Generates Check The City is responsible for customer or contractor rebate payments. PECI will provide all the necessary documentation for City to approve the PTR Shopping Cart and process customer or contractor rebate payments. The following flow diagram outlines option two. . no yes 'V Measures Installed/Job Complete A w Within 30 Days ..no k yes '0/ Submit w. Utility Audit Conducted and Interest: PECl will conduct audits and assess EnergySmart efficiency measure opportunity. A PECI Field Energy Analyst will work with the store decision maker to understand their interest and outline next steps. Service Agreement (v2): Attachment B 1 .. ~. ... . o PECI will track the progress ofthe job: Once the contractor has completed the measure installation, the contractor or City customer will submit to PECl all pertinent documentation. Once all required documentation is received, PECI will process the paperwork. Generate and Submit PTR Cart: PECl will generate and submit a PTR Shopping Cart to City via the PTR System. Submittals will specify eligible rebates for installed measures and calculated kWh savings per measure. City will receive copies of the completed rebate forms, verification document~tion, invoices and any other documentation necessary to approve the PTR Shopping Cart. PECl will notify City that PTR Shopping Cart has been submitted. City will be required to review documentation sent with the PTR Shopping Cart and verify contents comply with program terms and conditions. A site inspection by City is not required. Participating customers must be willing to allow inspections of measures installed and funded by BPA and the City. City is responsible for reviewing documentation submitted by PECI to ensure: · The number of installed measures matches those reported in the PTR Shopping Cart. · The measure description on the documentation is consistent with the PTR Shopping Cart description. · Documentation such as a signature, initial or e-mail from the retail store's representative indicating that the items on the contractors invoice were received. · Dates are to coincide with effective dates of the program. City will either accept or reject the PTRShopping Cart. Energy savings (kWh) and rebates will be reported to BPA for all approvedPTR Shopping Carts. City rejected PTR Shopping Carts will be sent back to PECl for-clarification and no energy savings or rebates will be reported or paid by the City until issue(s) are resolved by PECI. PECl will record all approvals and rejections. City Cuts Check: The City is required to cut the rebate check within thirty (30) days of submitted PTR Shopping cart. Additional payee information will be provided to the City. Information will include: · Unique Customer ill Number* · Customer Name* · Street Address* · City* · State* · Zip Code* · City Account Number* · Tax Payer Info (City responsible for 1099) · Measure installed · Rebate amount (per measure and total) * Data may vary from City records. Data primarily gathered from rebate application. City will be required to provide check information to PECl within thirty (30) days of City . approved PECl submitted PTR Shopping cart. PECl will provide City with electronic version of requirements and format. Required information will include the following: · Unique Customer ill Number · Customer Name Service Agreement (v2): Attachment B 2 . . ~ :. · Street Address · City · State · Zip Code · Utility Account Number · Measure installed · Check Number (NEW) · Date Check was cut (NEW) PEp will record and update program tracking system. Service Agreement (v2): Attachment B 3 tQ .5'5;5 Glenn A Cutler Pubhc Works Drrector The CIty of Port Angeles PO Box 1150 Port Angeles, W A 98632 May 26, 2009 Dear Mr Cutler, , This letter serves as an amendment to the PECI EnergySmart ServICe Agreement ("ServIce Agreement") between PECI and the CIty of Port Angeles. The CIty of Port Angeles's obhgalIon to fund EnergySmart from ItS Conservatwn Rate CredIt (CRC) and all obhgatwns stemmmg thelefrom WIll be termmated due to the transltwn offundmg from CRC to Drrect AcqulSllIon or Drrect AcqUISItion WIth the CRC repayment oplIon PECI shall mform the CIty of Port Angeles no later than 20 days pnor to the date of actual transitlOn PECI may conlInue to perform work m the CIty of Port Angeles's semce area under Dlrect AcqulSltlOn, WIth partICIpatIon elected by the CIty of Port Angeles and approved by BPA on May 18, 2009 The CIty of Port Angeles's eleclIon and BP A's approval allow PECI to contmue to perfonn work under the EnergySmart program. PECI will provide the CIty of Port Angeles WIth monthly complelIon reports Reports WlII mclude the followmg mfonnalIon 1 Completed audIts. audit date, store address and store type 2 RevlSlts date of revIsIt (or month), store address and whethent was m conducted m-person or by phone 3 Rebate aclIVlty store address, measure lUstalled, quanlIty, unIt, Bus Bar kWh savrngs, rebate Issued and store type Both partIes agree that Slgrung thIS Amendment does not exclude the CIty of Port Angeles OJ PECI from performmg any other conSIstent, comrmtted funclIons outlmed lU the ServICe Agreement, ThIS Amendment extends the terms of the ServICe Agreement to a date undeterrmned, but no fllrther than September 30, 2011 When PECI deterrmnes the extended term, It WIll nOlIfy the utrhty vIa ema11 no later than September 30,2009 Portland Energy ConservatIon, Ine PnntedName /1;( 0k&t!r- SIgnature. 4/ ~ Date '3./0 'ft,0;f The City of Port Angeles ~~ SI gnature Pnnted Name Date