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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