The URL can be used to link to this page

Home My WebLink About80-1910 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. 80 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING EXECUTION OF AN AGREEMENT WITH UKIAH CHAMBER OF CO~4ERCE FOR PROMOTIONAL AND ADVERTIS- ING ACTIVITIES FOR FISCAL 1979-80 WHEREAS, the City of Ukiah has for several years contracted with the Chamber of Commerce for community promotion activities, and WHEREAS, these activities have been of benefit to the ~City, and WHEREAS, a contract for fiscal 1979-80 has been proposed, NOW, THEREFORE, BE IT RESOLVED that the Agreement for Promotional Services attached hereto and made a part hereof is approved and the Mayor and Clerk are authorized to executed same on behalf of the City. PASSED AND ADOPTED this 3rd day of October, 1979 by the following roll call vote: AYES: Councilmembers Hickey, Myers, Simpson, Brannon, Mayor Snyder NOES: None ABSENT: None 22 ~ ATTEST: CITY CLERK 25 26 27 28 29 30 31 32 AGREEMENT RESIDENTIAL ENERGY CONSERVATION AND INSULATION PROGRAM THIS AGREEMENT, made and entered into this, the ~st day of Sep_tembe]s, 1979 by and between NORTHERN CALIFORNIA POWER AGENCY, (hereinafter called "NCPA"), and the CITY of UKIAH, (hereinafter called "Contractor"). WHEREAS, NCPA has entered into an agreement with the California Energy Commission, (hereinafter called "CEC"), CEC Agreement No. 400-081 (8/9), (hereinafter called "CEC Agreement"), wherein NCPA is eligible for a state grant to be used to fund residential energy conservation and insula- tion programs for its men, hers; and ~WHEREAS, Contractor desires to institute residential energy conservation and insulation programs, (hereinafter collectively referred to as "con- servation program"), in order to eliminate or reduce unneeded uses of energy and to reduce peak loads; and WHEREAS, NCPA desires to assist Contractor's efforts to initiate and de- velop a conservation program by providing a portion of the initial costs. NOW, THEREFORE, the parties hereto agree as follows: I · PROJECT COORDINATION A. NCPA - The Energy Conservation Coordinqtor of NCPA shall be the Project Coordinator for purposes of this Agreement. Any and all references to an NCPA contract officer within this Agreement or its exhibits shall 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 sub- sequent to the execution of this Agreement require a substi- tute Project Director for any reason, Contractor shall desig- nate its new representative by written notice, which represen- tative shall be subject to the written approval of NCPA. II. DUTIES OF CONTRACTOR Contractor shall provide the following services: A. Initiation of Conservation Program - Contractor shall initiate and develop a conservation program within Ukiah through its Electric Department. The program will include: Residential Energy Conservation Agreement City of Ukiah Page Two II. III. A. 1. Home energy reduction surveys, offered to all .customers; 2.. Inspection for inSulation requirements offered to all customers; 3. -Customer insulation~program(s) consisting of a method by which the customer may contract for installation of insulation and a method for low-interest financing with payment through the utility system, (Contractor may not subcontract with individual insulation contractOrs');', 4. Quality assurance inspection of completed insulation in- stal 1 ati ons; 5. A procedure for informing customers of eligible solar con- tractors. Contractor will also administer a financing program for solar domestic hot water heating as developed and directed by NCPA. 6. Such other program elements as may be mutually agreed upon between NCPA and Contractor. Contractor will cooperate with other utilities, (including NCPA members), in devel- opment of the conservation program. B. Staffing - Contractor shall prOvide sufficient staff to implement the conservation program to be developed under this Agreement. NCPA shall reimburse Contractor for the providing of a conserva- tion specialist and needed clerical support, as provided in the attached Exhibit "A" of this Agreement. Time charged to the program by the Project Director and other Co~tractor em- ployees may also be reimbursed, provided that total costs do not exceed the total c6ntract amount described in Exhibit "A". Contractor shall provide personnel as necessary to implement the provisions of this contract. The cost of such personnel is not an authorized, reimbursable expense. C. Fiscal 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 maintained 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; COMPENSATION In consideration of the performance of the above-stated services by Contractor, NCPA shall make monthly prcgress payments to Residential Energy Conservation Agreement City of Ukiah Page Three III. IV. Ve (Continued) 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 Agreement. NCPA shall re- tain out of each monthly payment to Contractor an amount equal to ten (10%) per cent thereof, pending satisfactory completion 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 of authorized reimbursement, pursuant to this Agreement, shall not exceed Fourteen Thousand, Two Hundred and Sixty-Five ($14,265) Dollars and will be allocated according to the authorized budget, attached hereto as Exhibit "A". TERM The services to be performed hereunder shall commence on the date of execution of this Agreement and shall continue for a period of one year. This Agreement shall be in effect so long as the NCPA/ CEC Agreement remains in force. If the CEC Agreement is can- celled for any reason, this Agreement shall automatically ter- minate, 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 Agreement, the terms and condi- tions of the latter shall prevail. REIMBURSABLE COSTS The following costs shall be reimbursed to Contractor by NCPA, as provided for in Exhibit "A": A. Travel Costs - Travel within Contractor's service area for performing energy surveys and other conservation programs under this Agreement shall be reimbursed by NCPA at seven- teen 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 Project Coordinator and the CEC Project Coordinator. B. Clerical Services - Clerical services required by the Contrac- tor shall be reimbursed and shall be documented as to time and nature of the services. Residential Energy Conservation Agreement City of Ukiah Page Four V. VI. VII. VIII. C. Printing Costs - NCPA may provide to Contractor brochures, pamphlets, 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 reim- bursed to Contractor upon approval by NCPA, as provided in Exhibit "A" of this Agreement. Publications incidental to the programs sponsored under this Agreement shall be the responsibility of Contractor. D. Postage and Supply CostS - Other than for normal utility bill- ing postage, Contractor shall be reimbursed for necessary postage and supply costs over and above expenditures for normal utility billing postage. E. Equipment and Telephone Cos:ts - Contractor shall be reim- bursed 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 re- lated to contract work. Charges must be itemized showing number and person called. F. Initial Training - The cost of training for the implementa- tion of a conservation program contemplated 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 expenses, including travel, must have the prior written authoriza- tion from the NCPA Project Coordinator. BAD DEBT COSTS Any bad debts or uncollectibles incurred in carrying out the pro- visions of the conservation program shall be the responsibility and obligation of Contractor and shall not be reimbursed by NCPA. LEGAL SERVICES No legal services associated with the development, implementation, and consequences thereof, of the conservation program will be re- imbursed. MONITORING AND EVALUATING Overall monitoring and evaluating of the conservation program shall be performed jointly by NCPA and CEC and shall conform to the Residential Energy Conservation Agreement City of Ukiah Page Fi ve VIII. IX. Xe XI. (Continued) criteria established in the CEC Agreement and to CEC standard monitoring and evaluating procedures, (hereinafter called "CEC procedures"). Contractor shall be responsible for monitoring and evaluating all programs arising under this Agreement and shall be responsible for managing and changing said programs. Contractor shall obtain any and all information on energy saved through said program. It is understood Contractor may have to obtain this information from other utilities. Any changes made must be consistent with CEC Agreement. Contractor shall not make any major changes to programs arising under this Agreement without prior written consent of both NCPA and CEC. Contractor will provide updates of progress made upon request by NCPA and/or CEC. HOLD HARMLESS Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents, and employees from any claims, demands, or liability of any nature whatsoever of said indemnify- ing party caused by the negligence of its officers, agents, or employees arising out of this Agreement. ASSIGNMENT AND SUBCONTRACTORS Without the written consent of NCPA, this ~greement is not assign- able by Contractor, either in whole or in part. Written approval of NCPA shall be obtained prior to Contractor entering into any subcontract to perform any of the work arising under this Agree- ment. Upon termination of any subcontract, Contractor shall notify NCPA immediately. AGREEMENT CONTAINS ALL UNDERSTANDINGS Except as provided herein in Paragraphs IV and VIII, (CEC Agree- ment and CEC procedures), this document represents the entire and integrated agreement between NCPA and Contractor and super- cedes all prior negotiations, representations, 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. Residential Energy Conservation Agreement City of Ukiah Page Si x XII. TERMINATION This Agreement may be terminated by either party by providing thirty (30) days written notice. Any costs incurred by NCPA on behalf of Contractor prior to receipt by NCPA of termination notice shall be made by Contractor. XIII. AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to and shall bind the successors, assigns, and subcon- tractors of both parties. ._XIV. NOTICES Notice required to be given under this Agreement shall be given by Contractor to the NCPA Project Coordinator 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 Michaels v Genera 1 ,Manager ATTEST: City C1 erk CITY OF UKIAH APPROVED AS TO FORM Ci ~y Attorney Cit~/ of Ukiah By: APPROVED: STATE ~ALIFORNIA ?!ERGY COMMISSION Residential Energy Conservation Agreement City of Ukiah EXHIBIT "A" Personnel and Benefits Administration, travel, training, printing, postage, supplies, miscellaneous $12,765.00 1,500.00 $14,265.00 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 $14,265. Residential Energy Conservation and Insulation Program Agreement with City of Ukiah EXHIBIT "B" For travel necessary to the performance 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 colm~on carrier, economy class, and the subsistence attendant upon its only the lesser of the two sums will be paid'unless the contract manager approves a justification for use of the more expensive mode of 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 service. Insurance coverage on rental cars is not reim- bursable as it results in no benefit to the State. Travel by common carrier, airline coach class, or equivalent - in ac- cordance with vouchers or other satisfactory evidence of actual expendi- £ure. Date and time of departure and return must be i~dicated 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 re_~'so'nabl~y 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 follow- ing basis: 'travel by common carrier at airline coach class or equivalent in the actual amount evidenced by vouchers or other satis- factory evidence; lodgi.ng and accommodations no more expensive than good commercial at the actual cost thereof as evidenced by appropri- ate vouchers; plus such of the following as may be reasonably neces- sary under the circumstances without voucher support: Breakfast, $3.00; dinner, $9.00. Residential Energy Conservation and Insulation ?rogram Agree~ent with City of Ukiah Exhibit "B" Page Two Telephone calls will be reimbursed for actual expense only if directly related to contract work. Charges must be itemized showing number and person called. Travel expenditures not listed herein cannot be reimbursed.