HomeMy WebLinkAbout5.892 Original Contract
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Energy Conservation Participation Agreement
Energy Champion Engineer Position at
Nippon Paper Industries USA Co., L TD
This Energy Conservation Participation Agreement provides for reimbursement of costs associated with the
Energy Champion Engineer (ECE) position at Nippon Paper Industries USA Co, L TD (NPI). NPI shall
comply with the terms of this Agreement to receive reimbursements from the City of Port Angeles (City).
NPI shall contract with an independent engineer for ECE services at the NPI Port Angeles mill for a
minimum period of one year. The ECE shall develop and implement a strategic energy management
program, promote continuous energy improvements, and identify and prioritize energy conservation projects
at NPI.
NPI shall provide the City a detailed progress report of the ECE's activities and cost once a quarter. NPI
shall provide a detailed invoice for the EC's prior quarter's activities.
The City shall reimburse NPI for 50% of the actual cost of the ECE within 30 days of receipt of the progress
report and invoice, not to exceed a total of $1 00,000.
This agreement is void if the ECE position is not filled by June 30, 2008 or becomes vacated before June 30,
2009, and will expire one year after the effective date of this agreement.
NPI shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
Federal law prohibits kickbacks and other free services provided in exchange for the right to perform federal
contract work. Federal laws prohibiting and providing penalties for fraud may apply to this Agreement.
The terms, covenants and conditions of this Agreement constitute the entire contract between the parties and
no understandings or obligations not expressly set forth herein shall be binding upon them. No modification,
amendment or alteration of the Agreement shall be valid unless it is in writing and signed by NPI and the
City.
The City and NPI agree to the terms and conditions of this Agreement, the Cooperative Agreement No.
36911 Project Title - Port Angeles Energy Champion for Nippon Project which is incorporated into this
Agreement.
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Harold Norlund, Resident Mill Manager
Nippon Paper Industries USA Co., LTD
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Glenn Cutler, Director ofPu lic Works and Utilities
City of Port Angeles
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Energy Conservation Participation Agreement
Amendment No.1
Energy Champion Engineer Position at
Nippon Paper Industries USA Co., L TD
This Energy Conservation Participation Agreement provides for reimbursement of costs assocIated wIth the
Energy ChampIOn Engineer (ECE) position at Nippon Paper Industries USA Co, LTD (NPI). NPI shall
comply with the terms of this Agreement to receIve reimbursements from the CIty of Port Angeles (CIty).
NPI shall contract with an independent engineer for ECE servIces at the NPI Port Angeles mill for a
mInimum penod of one year. The ECE shall develop and Implement a strategic energy management
program, promote continuous energy improvements, and identify and prioritize energy conservation projects
at NPI.
NPI shall provide the City a detaIled progress report of the ECE's activities and cost once a quarter. NPI
shall provide a detaIled InVOICe for the EC's prior quarter's actIvities.
The City shall reimburse NPI for 50% of the actual cost of the ECE withIn 30 days of receipt of the progress
report and inVOIce, not to exceed a total of$100,000.
This agreement is void ifthe ECE position is not filled by September 30, 2008 or becomes vacated before
September 30,2009, and will expire one year after the effective date of this agreement.
NPI shall defend, indemnify and hold the CIty, its officers, officials, employees, and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or In
connection with the performance of this Agreement, except for injunes and damages caused by the sole
neglIgence of the City.
Federal law prohibits kickbacks and other free services provided in exchange for the nght to perform federal
contract work. Federal laws prohibItIng and providing penalties for fraud may apply to this Agreement.
The terms, covenants and conditions of this Agreement constitute the entIre contract between the partIes and
no understandIngs or obligatIons not expressly set forth herein shall be bIndIng upon them. No modIfication,
amendment or alteration ofthe Agreement shall be valid unless it is in writing and signed by NPI and the
City.
The CIty and NPI agree to the terms and conditions of this Agreement, the Cooperative Agreement No.
36911 Project Title - Port Angeles Energy ChampIOn for Nippon Project which is incorporated into thIS
Agreement.
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Harold Norlund, Resident Mill Manager
Nippon Paper Industrie SA Co., LTD
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Glenn Cutler, DIrector of Pub IC Works and UtIlities
City of Port Angeles
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Attest:
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