HomeMy WebLinkAbout000479 Amendment 000479
P e c i
September 16, 2014
City of Port Angeles
Attn:Gregg King
321 E 5th St
PO Box 1150
Port Angeles, WA 98362
THE INFORMATION CONTAINED IN THIS MEMORANDUM HAS NOT BEEN MADE PUBLIC.WE
RESPECTFULLY REQUEST THAT YOU KEEP IT CONFIDENTIAL AMONG THE INDIVIDUALS WITHIN CITY OF
PORT ANGELES NECESSARY TO APPROVE THIS REQUEST.
Dear Gregg King:
The purpose of this memorandum is to formally request permission to assign the contract listed below
from Portland Energy Conservation, Inc. ("PECI")to CLEAResult Operating, LLC(together with its
affiliates, "CLEAResult"), a wholly owned subsidiary of CLEAResult Consulting, Inc., pursuant to the
contract requirements.To ensure continuity and consistency of delivery, we respectfully request your
approval by September 26th, 2014.This request involves a change in contracting entity name only—all
contract terms, pricing scope and delivery requirements personnel and location of personnel will
remain the same.
Background:
After substantial evaluation and search, on August 16, 2014, the Board of Directors of PECI, an Oregon
nonprofit organization, voted to exit the program design and implementation contracting business to
focus on energy research, education and similar non-profit work by selling all of its implementation
assets to CLEAResult, the nation's leading energy efficiency program implementation company.All of
PECI's program delivery employees and PECI management leadership will transfer to CLEAResult and
continue to serve the programs and clients they are currently serving as PECI.
PECI has a 35-year history of leading and supporting energy efficiency and this change will allow PECI to
continue its mission in a focused manner. We consider the needs of our clients and stakeholders of
paramount importance, and therefore spent over two years considering this change. We chose
CLEAResult because we believe they have a similar culture and mission, and that they are the best
choice to further our objectives, meet the needs of our clients and deliver on the requirements of our
contractual commitments.
I
100 SVV Ruin St,Suite 1600,Portland,OR 9720;
Main 503.218.4636 Fax 503.295.0820
peoi.org
About CLEAResult:
CLEAResult is the largest and leading energy efficiency program implementation organization in North
America. With over 1,500 professionals located in 40 offices across North America, CLEAResult supports
or implements over 550 programs for more than 190 utilities and program administrators. CLEAResult
offers a full range of program delivery services in all sectors including agriculture, residential, consumer
products, commercial, institutional and industrial. Unlike most energy efficiency program providers,
efficiency program implementation is the primary business of CLEAResult and it has the breadth of skills,
scale and financial strength to meet the needs of any type and size program. More information about
CLEAResult can be found at www.CLEAResult.com.
Time is of the essence:
We anticipate concluding this transaction within the next few weeks. By the terms of your contract we
need your consent to allow CLEAResult to provide continuous support of your programs.We therefore
request your response on this matter as quickly as possible. For your convenience, we have attached a
simple contract amendment to authorize the assignment; however, other formats are adequate as well.
You may return the authorization by mail,fax or email to Legal @peci.org.
Contract included in this request:
Utility Participation Agreement dated effective 6/6/2012 between PECI and City of Port Angeles
We will call you to provide any additional information you might need, and please feel free to contact
me at (503) 595-4475 or Nick Brod, Grocery Practice Director, nbrod@peci.org with any questions.
Thank you for your prompt attention to this matter.
Sincerely,
Phil Welker
Executive Director
ACKNOWLEDGMENT OF CONSENT TO ASSIGNMENT
By this acknowledgment, Port Angeles, City of("Consenter") consents to the assignment by Portland
Energy Conservation, Inc.,an Oregon corporation ("Assignor")to CLEAResult Operating, LLC, a Delaware
limited liability company and/or its affiliates("Assignee"), of all right, title and interest of Assignor under
the agreement(s) between Assignor and Consenter set forth above (the "Agreement(s)") and to the
assumption by Assignee of all of the obligations of Assignor under the Agreements. Assignor is
discharged from any further obligations under the Agreement(s). All other terms and conditions of the
Agreement(s) are ratified by the Consenter and the Assignee.
Ci f Port Angeles CLEAResult Operating, LLC
to /-23 jtq
Authorized Signer and Date thorized Signer
n'k M c.e r CJt '�j O^c49—U—James R. Stimmel Executive Vice President
Printed Name and Title Printed Name and Title
Portlan.d Energy Conservation, Inc.
Authorized Signer
Phil Welker, Executive Director
Printed Name and Title
i