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Home My WebLink AboutResolutions - No. 78-131RESOLUTION NO, 78-131 RESOLUTION APPROVING AGREEMENT WITH THE NORTHERN CALIFORNIA POWER AGENCY TO INITIATE AND DEVELOP A RESIDENTIAL ENERGY CONSERVATION AND ENTSULATION PRO- GRAM WITHIN THE CITY OF LODI, WHEREAS, NCPA has entered into an agreement with the State of California, CEC entitled Number 400-038 7/8, dated December 29, 1977 (hereinalter referred to as the CEC Contract) wherein NCPA is eligible for a State grant to be used to fund the residential energy conservation and insulation programs of its mem- ber cities,,, WHEREAS, the City of Lodi desires to enter into a residen- tial energy conservation and insulation prograrn in order to eliminate or reduce unneeded uses of energy and to reduce peak loads; WHEREAS, NCPA desires to contract with the City of Lodi to initiate and develop a residential energy conservation and insula- tion information program for said City (hereinafter called conserva- tion programs); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby approve Agreement dated November 1, 1978 bv and between the Northern California Power Agency and the City of Lodi whereby the Northern California Power Association agrees to contract with the City of Lodi to initiate and develop a resi- dential energy conservation and insulation information program within the City of Lodi. A copy of said Agreement is attached hereto, identi- fied as Exhibit "A" and thereby made a part hereof. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City. DATED: SEPTEMBER 20, 1978 I hereby certify that Resolution No. 78-131 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 20, 1978 by the following vote: -1 - Ayes: Councilmen - Hughes, KatiAch, Katzakian and Pinkerton Noes: Councilmen - McCarty Absent; Councilmen - None 114 ALIt-F, M. "R '�Ili C 14-t CITY CLERK -2- 78-131 A G R E E M E N T THIS AGREEMENT, made and entered into this first day of November, 1978, by and between the Northern California Power Agency (hereinafter referred to as HCFA) and the City of Lodi, a Municipal Corporation of California (herein- after referred to as COINTRACTOR). WITNESSET14: WHEREAS, NCPA has entered into an agreement with the State of California, CEC entitled Number 400-038 7/8, dated December 28, 1977 (hereinafter referred to as the CEC contract) wherein XGPA is eligible for a State grant to be used to fund the residential energy conservation and insulation programs of its member cities; WHEREAS, the City of Lodi desires to enter into a residential energy conservation and insulation program in order to eliminate or reduce unneeded uses of energy and to reduce peak loads; WHEREAS, NCPA desires to contract with the City of Lodi to initiate and develop a residential energy conservation and insulation informatiorx program for said City (hereinafter called conservation programs); NOW, THEREFORE, in consideration of their mutual covenants, t.he parties hereto agree as follows: 1. PROJECT COORDINATION. (a) NCPA. The Ener.7 Conservation Coordinator of NCFA shall be th4� representative of NCPA for all purposes under this agreement, Sharon Kruse hereby is designated as the NCPA Project Coordinator. Any and all references to an NCFA contract offi.cer within this agreement or its exhibits shall be deemed to refer to the NCPA Project Coordinator. -I- EXFUBIT "A" (b) CONTRACTOR. CONTRACTOR shall assign a single Project Director to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. William Lewis hereby is designated as the Project Director for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Director for any reason, the Project Director designee shall be subject to the prior written acceptance and approval of the NCPA Project Coordinator. 2, DUTIES OF CONTRACTOR. SERVICES TO BE FURNISHED. CONTRACTOR shall provide all specified services as set forth below; (a) CONTRACTOR shall initiate and develop conservation programs in the City of Lodi through its Utility Department, The programs will include home energy reduction surveys, inspection for insulation requirements, and other such program elements as may be mutually agreed upon between the NCPA and the CONTRACTOR. CONTRACTOR will cooperate with other utilities in development of its residential energy conservation programs. (b) CONTRACTOR shall hire sufficient staff to implement a residential energy conservation program developed under this agreement. 3. COMPENSATION, For the performance of the above -stated services by CONTRACTOR, NCPA shall pay CONTRACTOR monthly progress payments payable after submission by CONTRACTOR of an itemized billing in triplicate of services rendered and. expenses incurred and following approval by NCPA. C, All such payments shall be subject to a prorates retention of funds. In computing the amount of any progress payment, the NCPA shall determine what the CONTRACTOR has expended during the period for which payment is being made on the basis of the contract terms, but shall retain out of such earnings an amount at least equal to 25% thereof, pending satisfactory completion of the -2.. entire contract. The total amount of personnel services shall not exceed $41,000. Final payment shall be made upon satisfactory completion of the entire contract, 4. TERM. The services to be performed hereunder shall commence on date of execution of agreement, for a period of one year. 5. TRAVEL COSTS. CONTRACTOR shall be reimbursed by NCPA for travel casts incurred during development and implementation of the residential energy conservation program. The travel reimbursement shall be: Auto: 15 cents per mile; Air Travel: actual cost of coach fare; and other travel costs such as room and meals shall be actual cost (as shown upon submitted receipts). 6. OUT-OF-STATE TRAVEL. CONTRACTOR shall be reimbursed by NCPA for out-of-state travel provided said travel is authorized in writing by the NCPA Project Coordinator and the CEC Project Coordinator. 7, CLERICAL SERVICES. CONTRACTOR shall be reimbursed by NCPA for any clerical services required for the conservation programs implemented under this agreement.. The time and nature of said services shall be documented by CONTRACTOR. 8. LEGAL SERVICES. CONTRACTOR hAll be responsible for any legal services required for any program implemented under this agreement. Such legal services shall not be reimbursed by NCPA. 9. BAD DEBT COSTS. CONTRACTOR shall assume all costs for bad debts or uncollectibles incurred. -3- 10. COMPUTER PROGMVING COSTS. CONTRACTOR shall be reimburged by NCPA for all costs incurred to reprogram its computer for billing and other related activities. The continuiag costs of billing customers shall be borne by the CONTRACTOR_ 11, PRINTING COSTS. NCPA shall be responsible for any printing costs or shall reimburse CONTRACTOR for any printing costs for pamphlets, bill stuffers, and special billing envelopes necessary for any program arising under this agreement. City publication incidental to programs under this agreement shall b� the responsibility of the CONTRACTOR. 12.' POSTAGE AND SUPPLY COSTS. NCPA shall reimburse CONTRACTOR for necessary postage and stipply costs incurred on the conservation programs other than normal utility billing postage - 13. Equipment necessary for the operation of conservation programs shall be rented or loaned to the program by the CONTRACTOR; "Equipment" includes among other things, typewriters and other equipment. Telephone installation charges and monthly telephone bills shall also be reimbursable by NCPA. 14. INITIAL TRAINING. The cost of the training for conservation programs undet this agreement shall be paid by NCPA. CONTRACTOR shall be reimbursed by NC -PA for' gavel and liviug costs incurred during the training pursuant to this agreement. Training and associated expenses including travel must have prior written authorization from the NCFA Project Coordinator. 15. FISCAL REPORTS. CONTRACTOR shall retain and furnish NCPA upon request all records of expenses incurred under this agreement that have been reimbursed by NCPA including hours of employment by any employee of CONTRACTOR for which NCPA, has been billed- -4- Such records shall be maintained for a period of five (5) years fol lo -wing the termination of this contract and shall be made available to NCIFA for inspectional 16. MONITORING AND EVALUATING. Overall monitoring and evaluating of the program shall be performed jointly by NCPA and CEC and shall conform to CEC standard monitoring and evaluating procedures. However, CONTRACTOR shall be responsible for rionitoring and evaluating all programs arisinunder this agreement and shall be respoasible. 9 for managing and changing said programs, if necessary, including obtaining any and all information on energy saved through said program; CONTRACTOR shall not terminate or make any major changes to programs arising under this agreement without the prior written consent of both NCPA and CEC_ 17. HOLD IMNILESS. Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents, and employees from any claixas, demands, or liability of any nature whatsoever caused in whole or in part by the negligence of said indemnifying party, its officers, agents, or employees arising out of this C� 18. ASSIM'ZtENT. (a) Neither party shall assign, transfer, convey or- otherwise dispose of this agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party - it . * ' I , A engaging all persons necessary to perform the services of,CoNrRACTOR hereunder- CONTRACTORshall obtain N7CPA's written approval prior to entering into any sub- contract for work arising under this agreement. Upon termination of any sub- contract, CONTRACTOR shall notify NCAA immediately. M 19. AGREEMENT BINDING. The terms, covenants and conditons of this a&reemertt shall apply- tco and shall bind the successors, assigns and subcontractors of both parties- 20. arties®2Q. AGREEMENT CONTAINS ALL UNDERSTANDINGS.. This document represents the entire and integrated agreement been HCFA and CONTRACTOR and supersedes all prior negotiations, representations c®1 agreements either written or oral,' This document may be anendecl only by written instrument signed by both NCPA and CONTRACTOR.' All pro7isions. c-£ this agreement' are expressly made conditions. This agreement shall be governed y- the laws of. the State of California. .. N WITNESS WHEREOF, NCFA and CCiTvCTL3R have- ee�uted this ag� ee�e xxt the day and year first above wtitten. NORTHERN GALIFO UA POWEK AG°LNGY Chairman CITY OF i ODI SVSair6r APPROVED: STATE OF CALIFORNIA ENERGY COM ISSION Attest- City Clerk By__ -6-