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HomeMy WebLinkAbout81-561 2 RESOLUTION NO. 8]-56 ,, , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE NORTHERN CALIFORNIA POWER AGENCY FOR CONTINUATION OF A RESIDENTIAL ENERGY CONSERVATION AND INSULATION PROGRAM WHEREAS, the Northern California Power Agency has received a grant from the California Energy Commission for continuation of residential energy conservation programs in each of its member cities, and WHEREAS, NCPA has offered to contract with the City of Ukiah for the second year agreement of such a program, and 11 WHEREAS, an energy conservation program is a desirable and 12 13 14 necessary project for the City to continue, NOW, THEREFORE, BE IT RESOLVED that this agreement between NCPA attached hereto and made a part hereof is hereby approved and 15 the Mayor and Clerk are authorized to sign same on behalf of the 16 City. 17 PASSED AND ADOPTED this ]8th day of February , 1981, by the following roll call vote: 19 AYES: Councilmembers Riley, Myers, Hickey NOES: Councilmembers Feibusch, Snyder 21 ABSENT: None 22 23 24 25 ATTE ST~.f :26 'City Clerk 28 AGREEMENT THIS AGREEMENT, made and entered into this, the 1st day of March, 1981 by and between NORTNERN CALIFORNIA POWER AGENCY, a Joint-Power Agency, (hereinafter called "NCPA"), and the CITY OF'UKIAH, (hereinafter called "CONTRACTOR"). WHEREAS, NCPA has entered into agreements with the California Energy Commission ("CEC"), wherein NCPA is eligible for State grants to be used to fund energy conservation and insulation programs for its members; and, WHEREAS, CONTRACTOR is a member of NCPA and desires to continue and ex- pand its program in order to eliminate or reduce energy waste and to reduce peak loads; and, WHEREAS, NCPA desires to assist CONTRACTOR'S efforts to continue and ex- pand its conservation program by providing a portion of the costs. NOW, ~HEREFORE, the parties hereto agree as follows' t. ProjeCt Coordination A. NCPA - The Conservation Services Consultant shall be the NCPA Project C-oordinator for purposes of this Agreement. Any and all references to an NCPA officer within this Agreement or it: exhibits shal'l be deemed to refer to the Project Coordinator. B. Contractor - The City of Ukiah shall assign a single Project Director to act as contract administrator for the progress and execution of this Agreement. The position of City Manager is hereby designated as the Project Director for CONTRACTOR. C. Substitute Personnel - Should circumstances or conditions subsequent ~ to the execution of this Agreement require a substitute Project Director for any reason, CONTRACTOR shall designate its new representative by written notice to NCPA. Should NCPA require a substitute Project Coordinator for any reason, NCPA shall designate its new representa- tive by written notice to the CONTRACTOR. II. Duties of Contractor CONTRACTOR shall provide the following services' A. Task 1 - Continuation and Expansion of Energy/ Conservation Pr..ogram 1. CONTRACTOR shall continue and expand its conservation program within Ukiah through its Electric Department. The program will include' a. Home energy reduction surveys offered to all electric space heating customers and electric hot water heating customers and others upon request; b. Inspection for. potential use of insulation offered to all cus tome rs; c. CustOmer insulation 'program(s) consisting of a method by '~, which the customer may contract for installation of insula- tion, and a method for low-interest financing with payment through a uti 1 ity system;~ ,d. Quality assurance inspection of completed insulation installa- · ti ons; e. A procedure for informing customers of eligible solar contrac- tors. CONTRACTOR will also administer a financing program for solar domestic hot water heating as developed and directed by NCPA; f. A feasibility study of implementing a commercial/industrial · conservati on program; .-g. ~Such other program elements as may be mutually agreed upon be- tween NCPA and CONTRACTOR. CONTRACTOR will cooperate with other utilities, (including NCPA members), in the conservation program. -2- B. Task 2 - Evaluation of Conservation Program CONTRACTOR ~hall evaluate the effectiveness, including cost- effectiveness of the residential conservation program provided by CONTRACTOR within its service area. This evaluation shall include, but not be limited to, the documentation of program re- sults in terms of utility action taken, documentation of customer actions taken in response to said program and a documentation of resulting energy savings and demand reductions. CONTRACTOR shall utilize criteria for such evaluation as provided by the Northern California Power Agency, and/or the California Energy CommisSion. .CONTRACTOR may also utilize its own criteria for such evaluation upon written approval by the NCPA Project Coordinator. C. Staffing - CONTRACTOR shall provide sufficient staff to implement the programs to be developed under this Agreement. D. Fi~scal Reports - CONTRACTOR shall retain and furnish to NCPA, upon request, all records of expenses incurred under this Agreement which have been reimbursed by NCPA, including hours of employment by any employee of CONTRACTOR for which NCPA has been billed. Such records shall be retained for a period of five (5) years following the termination of this Agreement and shall be made available to NCPA for inspection or audit upon request' £. Progress Reports - CONTRACTOR shall provide for a brief progress re- port in writing at least once per month to the NCPA Project Coordina- tor. Said progress report shall include, but not be limited to, a statement that the CONTRACTOR is or is not on schedule, any pertinent reports or interim findings, and a discussion of any difficulties or special problems so that remedies can be developed as-soon as possible. -3- Each repOrt is due by the sixth of the month following the month to which it relates. F. ~Deliverables and Presentations - Upon request, CONTRACTOR shall meet with NCPA and/or State to present its findings, conclusions, and recommendations. CONTRACTOR shall submit a final report for Tasks 1 and 2 by the termination date of this Agreement. This due date may be changed only by written approval of the NCP~A Project Coordinator. This fiscal report shall be in addition to the Monthly Progress Report referred ~to in Section E. G. Approval of Reports_- Each report required under this contract shall be subject to the approval of the NCPA Project Coordinator. All reports and other communications shall be delivered to the NCPA Project Coordinator at the address provided by NCPA. III. _Compensation ' In consideration of the performance of the above-stated services by CONTRACTOR, NCPA shall make monthly progress reports to CONTRACTOR after receipt from CONTRACTOR of itemized billings, (in triplicate), for the~services rendered and the expenses incurred pursuant to this Agreement, and which are approved by NCPA. NCPA shall determine that CONTRACTOR has properly made expenditures as authorized by this Agree- ment. NCPA shall retain out of each payment to CONTRACTOR an amount equal to ten percent (10%) thereof, pending satisfactory completion of all terms of this Agreement. The obligation of NCPA to make such monthly payments is conditioned upon receipt of funds from the State of California in accordance with the CEC Agreement. The total amount payable under this contract shall not exceed Thirteen Thousand, Three Hundred Dollars ($13,300), except that, in addition thereto, any sums which might have been, but were not, paid to City under its first -4- year's energy conservation agreement with NCPA shall be applied to its program under this Agreement. Such amounts will be allocated and expended according to the authorized budget, attached hereto as Exhibit "A". IV. Term , All services to be performed hereunder sha. l'l commence on March 1, 1981, and shall continue for a period of one (1) year. This Agreement shall be in effect so long as the NCPA/CEC Agreement remains in force. If the CEC Agreements are cancelled for any reason, or if funding renewal does not .occur, this Agreement shall automatically terminate, and NCPA will not be further liable to CONTRACTOR. This Agreement shall be subject to all 'the terms and conditions of the CEC Agreement. In the case of any ambiguity or inconsistency between this Agreement and the CEC Agree- ment, the terms and conditions of the latter shall prevail. V. Reimbursable Costs _ The foll6wing costs shall be reimbursed to CONTRACTOR by NCPA subject to the limitations in Exhibit "A"' A. Travel Costs - Travel within CONTRACTOR'S service area for per- forming energy services and other conservation programs under this Agreement shall be reimbursed by NCPA at seventeen cents (17~) per mile. All other travel costs shall be reimbursed subject to the conditions listed on Exhibit "B" of this Agreement. All out- of-State travel must have prior written approval of the NCPA Pro- ject Coordinator and the CEC Project Coordinator. B. Personnel - NCPA shall reimburse CONTRACTOR for the hiring of per- sonnel subject to the limitations of Exhibit "A". Project Director and/or CONTRACTOR employees m~y also be reimbursed subject to the limitations of Exhibit "A". Clerical services required ~y CONTRACTOR shall be reimbursed and shall be documented as to the time and nature -5- of the services. CONTRACTOR shall pay for any costs in excess of the amounts specified in Exhibit "A" in implementing the provisions of this contract. C. Printing Costs - NCPA may provide to CONTRACTOR brochures, pam- phlets, and other printed material as part of the overall NCPA and members conservation program which is the subject of the NCPA/CEC Agreement. Costs for printing material unique to . CONTRACTOR'S conservation program shall be reimbursed to CONTRACTOR upon approval by NCPA, subject to the limitations of Exhibit "A" of this Agreement. Publications incidental to the programs sponsored under this Agreement shall be the responsi- bil i ty of CONTRACTOR. D. Postage and Supp1S Costs - CONTRACTOR shall be reimbursed for necessar.y postage and supply costs over and above expenditures fp~r normal utility billing postage. E. Equipment and Telephone..Costs - CONTRACTOR shall be reimbursed for the rental of equipment, including but not limited to,-.typewriters, reproducing equipment, telephone installation charges, and monthly telephone bills. Telephone toll calls will be reimbursed for actual expense only if directly related to contract work. Charges must be itemized showing number and person called. F. Training - The cost of training for the conservation program covered by this Agreement shall be reimbursed to CONTRACTOR, including the travel and living costs incurred during the training, subject to Exhibit "B" of this Agreement. The training and associated ex- penses, including travel, must have th prior written authorization from the NCPA Project Coordinator. -6- VI. Bad Debt Costs Any bad debts or uncollectibles incurred,in carrying out the provisions of the conservation program shall be the responsibility and obligation of CONTRACTOR and shall not be reimbursed by NCPA. VII. .L. egal Services No legal services associated with the development, implementation, and consequences thereof of the conservation program will be reimbursed. VIII. Monitoring and Evaluatin~ Overall monitoring and evaluation of the conservation program shall be performed jointly by NCPA and CEC, except as outlined in Section II-B, and shall conform to the criteria established in the CEC Agreement and to CEC standard monitoring and evaluation procedures, (hereinafter called "CEC PROCEDURES"). CONTRACTOR shall be responsible for monitoring and evaluating all programs arising under this Agreement, and shall be re- port on any and all information on energy saved through said program. Any changes made must be consistent with CEC Agreements. CONTRACTOR shall not make any major changes to programs arising under this Agree- merit without prior written consent of both' NCPA and CEC. IX. 'Hol~ Harmless CONTRACTOR agress to indemnify and hold harmless NCPA, its officers, agents, and employees from any claims, demands, or liability of any nature alleged to arise from the performance of this contract by CONTRACTOR, its officers, agents, or employees. X. Assignment and Subcontracts Without the written consent of NCPA, this Agreement is not assignable by CONTRACTOR, either in whole or in part. Written approval of NCPA and CEC shall be obtained prior to CONTRACTOR entering into any subcontract -7- to perform any of the work arising under this Agreement. Upon termination of any subcontract, CONTRACTOR shall notify NCPA im- mediately. XI. .A. greement Contains all Under. s.tandin§s- This document represents the entire and. integrated agreement between NCPA and CONTRACTOR and supercedes all prior negotiations, representa- tions, or agreements, either written or oral. This document may be amended only by written instrument signed by both NCPA and CONTRACTOR. All provisions of this Agreement are expressly made conditions to the performance by all parties. This Agreement shall be governed by the laws of the State of California. XII. Agreement Time Extension No-cost time extensions of this Agreement up to three (3) months can be accomplished by written agreement between the NCPA Project Co- ordinator and the CONTRACTOR. XIII. Termination This Agreement may be terminated by either party by providing thirty (30) days written notice. CONTRACTOR shall pay any costs incurred by NCPA on behalf of CONTRACTOR prior to receipt by NCPA of termination notice. XIV. Binding Effect The terms, covenents, and conditions of this~Agreement shall apply to and shall bind the successors, assigns, and subcontractors of both parties. XV. Time is of the Essence Time is of the essence of this Agreement. -8- XVI. Notices Notice required to be given under ,this Agreement shall be given by CONTRACTOR to the NCPA Project C~ordinator and by NCPA to the CONTRACTOR Project Director. IN WITNESS WHEREOF, NCPA and CONTRACTOR have executed this Agreement as of the day and year first above written. NORTHERN CALIFORNIA POWER AGENCY t,_,x Robert E. -Grimsh~w - General Manager ATTEST: City Clerk ]~ROVED AS TO FORM' ~ ty Atti~rney' City of Ukiah APPROVED' STATE OF CALIFORNIA ENERGY COMMISSION By' -9- EXHIBIT "A" Personnel and Benefits Misc. Administration and Vehicle Expense Training $10,900 1,500 900 $13,300 NOTE- This budget is an' estimate only. As expenditures are made, the above figures may change. To be reimbursable, all changes to the above budget must receive the prior written approval of the NCPA Project Coordinator. In no event shall the total amount payable exceed $13,300. EXHIBIT "B" For travel necessay to the ~erformance of this contract, CONTRACTOR shall be reimbursed as follows' Travel by private or CONTRACTOR-owned automobile at 17~ per mile, plus toll charges and parking fees, if any. If, however, private car travel and the attendance 'subsistence exceeds the cost of travel by common car- rier, economy class, and the subsi~enceattendant upon it, only the les- sor of the two sums will 'be paid unless the contract manager approves a justification for use of the more expensive mode 9f travel. Travel by private car to and from the common carrier will be reimbursed at 17¢ per mile. Rental car costs, will be reimbursed upon presentation of receipts, but- only if necessary~ to performance of the contract and less expensive' than taxi seryice. Insurance coverage on rental cars is not reimbursable as it results in no benefit to the State. Travel by, common carrier, airline coach class, or equivalent - in accordance with vouchers or other satisfactory evidence of actual expenditure. Date and time of departure and return must be indicated in order to es- tablish proper per diem rates claimed. For travel within the state of CONTRACTOR'S headquarters, more than 25 miles distant from CONTRACTOR'S headquarters, the following per diem rates apply- 1. During each full 24-hour period of travel status, the sum of $46.00 per 24-hour day for lodging, meals, and incidentals will be reimbursed. 2. For periods of time less than 24 consecutive hours, the following may be reasonably necessary' lodging, $25.00; breakfast, $3.00; dinner, $9.00. No travel outside of the state of CONTRACTOR'S headquarters will be re- imbursed without prior authorization in writing from the Commission contract manager. Such travel will then be reimbursed on the following basis' travel by common carrier at airline coach class or equivalent in the actual amount evidenced by vouchers or other satisfactory evidence; lodging and accommodations no more expensive than good commercial at the actual cost thereof as evidenced by appropriate vouchers; plus such of the following as may be reasonable necessary under the circumstances with- out voucher support: breakfast, $3.00; dinner, $9.00. Telephone calls will be reimbursed for actual, expenses only if directly related to contract work. Charges must be itemized showing number and person- Fal 1 ed. Travel 'expenditures not listed herein cannot be reimbursed. -2-