CM-2014-358r-ROUNDCK TEXAS
EI PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Program Addendum to the Amended and Restated
Texas Energy Efficiency Market Agreement with Oncor Electric Delivery
Company, LLC.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/21/2014
Dept Director: Chad McDowell, General Services Director
Cost:
Indexes:
Attachments: 2014_POA_Agreement, LAF
Department: General Services Department
Text of Legislative File CM -2014-358
This is one of the steps when applying to become a Self -Provider with Oncor. The City of
Round Rock is applying for rebates for the City Hall Parking Garage Lighting retrofit project.
This program offers incentives to energy efficiency service providers who install eligible
energy efficiency measures at a facility.
Staff Recommends Approval
City of Round Rock Page 1 Printed on 3/20/2014
C"ITYN O F RO U.N D ROC K
CONTRACT MANAGEMENT SECTION
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: General Services
Project Mgr/Resource: Chad McDowell
El City Manager Approval
CMA Wording
Program Addendum to the Texas Energy
Project Name: Efficiency Market Agreement
- ContractorlVendor: Oncor Electric Delivery Company, LLC
Consider authorizing a Program Addendum to the Amended and Restated Texas Energy Efficiency Market Agreement with
Oncor Electric Delivery Company, LLC.
Approval
Employee EE Bowden Date March 17, 2014
Notes/Comments
€153)R.
PROGRAM ADDENDUM
TO THE
AMENDED AND RESTATED TEXAS ENERGY EFFICIENCY MARKET AGREEMENT
This Program Addendum ("Program Addendum") is made by the undersigned pursuant to the Amended and Restated
Texas Energy Efficiency Market Agreement (the 'Agreement') dated as of March 10, 2014 by and between Oncor
Electric Delivery Company LLC ("Company"), a Delaware limited liability company,and CITY OF ROUND ROCK
(hereinafter "Participant").
WHEREAS, Company has developed a demand-side Basic Commercial Standard Offer Program (the
"Program") for its commercial customer classes as part of Company's TEEM Program (as defined in the Agreement);
and
WHEREAS, the Program seeks to procure energy and peak demand savings through the installation and
operation of energy efficiency measures at commercial customer sites; and
WHEREAS, Participant has developed a plan for participation in the Program through a set of proposed energy
efficiency measures that will produce consistent and predictable energy and peak demand savings.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the
the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Company's Basic Commercial Standard Offer Program Manual (the "Manual"), including all terms and conditions
therein, is incorporated into this Program Addendum in its entirety. Undefined capitalized terms used herein
have the meanings given them in the Manual. Any references in the Manual to 'Service Provider' shall refer to
Participant.
2. Participant understands and agrees to be bound by the Manual. Participant further understands and agrees that
the Manual is subject to change from time to time, at the sole discretion of Company.
3. Participant understands and agrees that it shall only be allowed to participate in the Program during the period
of time in which the Agreement and the Manual are in effect.
4. Participant understands and agrees that as a condition to participating in the Program, Participant must submit
an application ("Application") each year in accordance with the requirements set forth in the Manual.
5. The TEEM Projects (as defined in the Agreement) shall consist of Participant's participation in the Program
pursuant to the Manual and an Application for such TEEM Projects that has been approved by Company.
Participant shall complete the TEEM Projects in accordance with the Manual and such Application. Available
incentives/fees for the TEEM Projects and terms governing the payment of such incentives/fees shall be set
forth in the Manual; provided, however, that Company may, in its sole discretion, condition its approval of an
Application based on incentives/fees that differ from that set forth in the Manual ("Replacement Incentives").
Any Replacement Incentives and terms governing the payment of such Replacement Incentives shall be set
forth in a writing executed by both Company and Participant prior to commencement of the TEEM Projects.
Replacement Incentives will supersede any incentives/fees set forth in the Manual.
6. The term of this Program Addendum shall commence on the date of execution by Company (the
"Commencement Date") and, unless otherwise terminated as set forth in the Agreement, shall continue in force
and effect until Company's payment of any applicable incentives/fees payable in accordance with Section 5 of
this Program Addendum upon Participant's completion of the TEEM Projects.
7. In the event Company provides Participant with a notice of termination, Participant will finish any Project
already commenced which cannot be discontinued without breaching the Host Customer Agreement. Company
will have no obligations with respect to any contractual obligations entered into between Host Customer and
Participant after Participant's receipt of Company's notice of termination.
8. Participant understands and agrees that any TEEM Projects must be completed in accordance with the terms
and conditions set forth in the Manual. Company shall have no obligation to make any payments with respect to
any TEEM Projects or portions of TEEM Projects that are not completed in compliance with the Manual. In the
event Company makes any payment with respect to a TEEM Project or portion of a TEEM Project that Company
later determines was not completed in compliance with the Manual, Participant agrees to reimburse Company
for the amount of such payment.
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CM -2014-358
9. In the event a TEEM Project is terminated prior to completion, Company's only liability will be to pay Participant
the unpaid balance due Participant for that portion of the TEEM Project commenced and which cannot be
discontinued without breaching the Host Customer Agreement; notwithstanding the foregoing, however,
Company shall not be required to pay Participant for any portion of a TEEM Project that Company determines
was not completed in compliance with the terms and conditions set forth in the Manual.
10. The parties understand and agree that this Program Addendum shall be incorporated into, and shall become a
part of, the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Program Addendum to be executed by their duly
authorized representatives. By execution of this Program Addendum, each party reaffirms the binding nature of the
Amended and Restated Texas Energy Efficiency Market Agreement (the "Agreement") and represents and warrants
that the Agreement was duly and properly executed by an authorized individual on behalf of such party.
ONCOR ELECTRIC DELIVERY COMPANY LLC
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
ttev t Morwooc_\
May0,9e
/21/46J
2014 Oncor. All rights reserved. Page 2 of 2