Vermont-VEIC Contract for EEU
ATTACHMENT A
SCOPE OF WORK
Contractor shall perform the following duties and functions established by the Board for the
EEU in the manner described below. Contractor shall be subject to Board oversight and control in the performance of the duties and functions set forth in this Attachment.
1.
Introduction
The EEU ’s basic duties are described in the Order and in the RFP . The Response describes in more detail how the Contractor plans to perform these duties. The Contractor shall exercise substantial responsibility and initiative to ensure that the State
’s energy efficiency policies and objectives are accomplished: (1) achieve the maximum magnitude of societal net benefits, (2) shift from utility-based to market-based energy efficiency, (3) increase the emphasis on market transformation strategies, and (4) effectively capture potential “lost opportunity” markets. The
Contractor shall also interact with members of the public and numerous other organizations including State Agencies, the Vermont electric utilities, the
Vermont Legislature, and national, regional, and local energy efficiency organizations.
Nothing in this contract shall limit the Board
’s authority to conduct proceedings under, or implement, 30 V.S.A. § 209(d), as interpreted by the
Board in the Order and any subsequent orders.
The specific duties to be performed by the Contractor are grouped into four major tasks and are described in detail in the remaining paragraphs of this Attachment: (1) General
Administration, (2) Program Operations and Implementation, (3) Program Development,
Planning and Budgeting, and (4) Program Transition Responsibilities. This Attachment includes references to specific portions of the MOU , the Order , the RFP , and the Response when appropriate.
2.
General Administration
The Contractor is responsible for the development and monitoring of its own management and operational systems, including: (1) general project management; (2) budgeting; (3) financial management; (4) contract management; (5) dispute resolution; and (6) information technology system management and data collection. The Contractor shall develop and maintain a management reporting system that enables its management to ensure proper control over its operational activities and strategic direction and facilitates the preparation of required reports and an evaluation of its performance as the EEU .
A.
Management Plan
The Contractor shall create an Annual Project Plan that includes a timetable for all required reports which shall be submitted to the Board , the Contract Administrator , the
Fiscal Agent , the DPS , and the EEU Advisory Committee.
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Vermont-VEIC Contract for EEU
B.
Budgeting
The Contractor shall develop, monitor and manage the overall budget for its operation.
By June 1, 2000, a detailed budget (shown on a monthly, quarterly, annual, and estimated multi-year basis) shall be developed and provided to the Board for its approval .
Copies of this detailed budget should be provided to the DPS , the Contract Administrator , the
Fiscal Agent , and the EEU Advisory Committee. This detailed budget shall be divided into the following areas: (1) general administration; (2) information technology development and maintenance; (3) Core Program implementation and monitoring; and
(4) costs related to the transition from existing programs to the EEU (this area applies to the transition period only ).
In accordance with Paragraph 19 of the MOU , on or before
September 1 of each year of the Agreement, the Contractor shall submit proposals for annual program budget allocations to the Board , the DPS , the Contract Administrator , the Fiscal Agent , the EEU Advisory Committee, and each distribution utility.
Notwithstanding the previous sentence, for the year 2000 only, the deadline for the
Contractor
’s submission of annual program budget allocations is October 1.
C.
Financial Management
The Contractor shall develop, implement and maintain the necessary budgeting, invoicing, expenditure approval, payroll, and financial accounting systems to review, approve, and track budgets, invoices and payments to subcontractors, program implementers, employees, and, in some cases, customers. The Contractor shall maintain financial and accounting records consistent with Section III.C.6.d of the RFP and with
Generally Accepted Accounting Principles consistently applied. The Contractor shall provide information and documentation required for an OMB A-133 audit, which the
Contractor shall have performed on an annual basis.
D.
Contract Management
The Contractor shall solicit, hire and/or contract with all necessary staff and subcontractors to perform effectively the Work . The Contractor shall maintain the administrative capability to manage these resources, ensure the completion of each task and sub-task effectively, and ensure that subcontractors are compensated in a timely manner.
E.
Dispute Resolution Process
In conjunction with the Contract Administrator and the Director of the Consumer Affairs and Public Information Division at the DPS , the Contractor shall develop protocols for addressing and resolving complaints concerning performance of its responsibilities from customers and stakeholders such as electric utilities, subcontractors, trade allies, and participants in the Commercial and Industrial Customer Credit program referred to in
Paragraph 3.A.4 below.
F.
Information Technology, Data Collection, Reporting
The Contractor shall develop and maintain an information management system that meets the specifications, reporting and monitoring tasks outlined in the RFP . Information in this system should include, but not be limited to, tracking data on participating
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Vermont-VEIC Contract for EEU customers, trade allies, and program services, and general program operation, financial and management data. The system should have the ability to produce ad hoc reports for periodic information requests from the Board , the DPS , the Contract Administrator and the Fiscal Agent . In the event the EEU is required to significantly expand its data processing system, the information technology budget component may be adjusted accordingly, after review by the Contract Administrator and approval by the Board .
Section H of the Response contains the Contractor ’s proposal for an information technology system. This proposal is hereby accepted with the following modifications: the Contractor shall work with the Contract Administrator to establish a due date for web page implementation and information system documentation. The parties agree that the date included in Section H.9.b for the completion of the entry of historical information into the Contractor
’s information system is only a target, and that the actual completion date will depend on when the Contractor receives the historical information from the distribution utilities.
1.
Manage Customer-Specific and Competitively-Sensitive Information
The Contractor shall develop and maintain systems that provide appropriate protections in the collection, processing, storage and retrieval of information that is customer-specific or could otherwise provide an unfair competitive advantage to an entity delivering services outside of the energy efficiency programs approved by the
Board for EEU implementation . The Contractor shall be responsible for managing such systems and, when appropriate, for providing the information to its employees, subcontractors, regulators, and distribution utilities. Any subcontractors given such information shall also protect its confidentiality and shall agree in their contract(s) with the Contractor (1) to abide by the guidelines to be developed pursuant to the following paragraph, and (2) not to provide any confidential information to affiliates not directly involved with EEU activities.
Section I of the Response contains the Contractor
’s proposal for managing customerspecific and competitively sensitive information. This proposal is hereby accepted with the following modifications:
1.
The definition of customer-specific information is changed to reflect the fact that some aggregate data may reveal customer-specific information. The access policies are changed so that any such aggregate data shall be treated as confidential;
2.
The definition of competitively-sensitive information is expanded to reflect the fact that financial or competitive harm could result to entities other than the
Contractor or the provider of the information;
3.
Subcontractors’ employees with access to confidential information shall be required to sign a protective agreement; and
4.
The Contractor shall develop written internal operating guidelines that describe how it will operationalize the system described in its proposal. These guidelines shall be provided to the Contract Administrator for his/her approval.
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Vermont-VEIC Contract for EEU
Regardless of whether the Contractor follows the system for managing confidential information included in its proposal as modified above, the Contractor is solely responsible for the intentional or accidental release of any confidential information.
The Contractor agrees to indemnify the Board and the State for any claims resulting from the release of any confidential information.
2.
Program Data Collection
The Contractor shall collect and electronically compile data that is: (1) directly related to its implementation of programs; (2) easily obtainable by the Contractor as part of its routine program implementation activities; and (3) needed to monitor, assess, and evaluate its program performance, to report on its activities, and to improve the design and delivery of the Core Programs . Data from both subcontractors and employees shall be collected and stored electronically in a consistent format in the following categories:

Customer/Client Data;

Customer Usage Data;

Program Measures and Services Data;

Trade Ally Data;

Distribution Utility Account Data;

Baseline and Market Indicator Data; and

Other Data for Evaluation Purposes.
The Contractor shall make this information available to the Board , the DPS staff and any independent evaluation firms under contract to the Board or the DPS , subject to the confidentiality procedures outlined in Paragraph 2.F.1.
3.
Distribution Utility Planning and Ratemaking Support Data
As described in Section H.1.j of the Response , the Contractor shall gather and provide particular data elements to the distribution utilities for their own planning and ratemaking purposes as stated explicitly in the MOU (Paragraphs 8 and 9) and in a format suitable for electronic transfer to, and use by, the distribution utilities. The
Contractor may bring any disputes over what constitutes a “suitable format” to the
Contract Administrator for resolution.
4.
Administrative and Financial Data
The Contractor shall keep records of administrative and financial data consistent with the needs outlined in the RFP and with Generally Accepted Accounting Principles consistently applied as defined by both the Governmental Accounting Standards
Board and the Financial Accounting Standards Board. This includes systems to track general project management, invoicing, payroll and subcontractor payments, and to produce the necessary reports for monitoring these duties.
5.
System Documentation/User's Manual
The Contractor shall develop and maintain detailed documentation of the Customized
Software described in Section H of the Response . This documentation shall include:
(1) a data model and software internals as described in Sections H.9.f.2 and H.9.f.3 of
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Vermont-VEIC Contract for EEU the Response ; (2) a basic user's manual that is written in common terms and can be used easily by a third party to operate the information technology system as described in Section H.9.f.1 of the Response ; and (3) a tracking system operating notebook as described in Section H.9.f.4 of the Response . The Contractor shall work with the
Contract Administrator to establish a completion date for the original version of this documentation, as well as the level of detail each document will contain.
6.
Required Reports
The Contractor shall prepare and submit Monthly, Quarterly, and Annual Reports that are consistent with the requirements outlined in the RFP and shall work with the
Contract Administrator (and the Fiscal Agent where appropriate) to develop a standard format for each report to satisfy the needs of the Board , the Contract
Administrator , the Fiscal Agent , the DPS , the EEU Advisory Committee, and any other entities designated by the Board . a.
Monthly Reports
The Contractor shall prepare and submit Monthly Reports to the Board , the
Contract Administrator , the Fiscal Agent , the DPS and the EEU Advisory
Committee. These reports shall include: (1) actual administrative, information technology, and program expenditures and commitments, compared to the budget amounts; (2) kWh savings estimates, participation rates, and other performance measurements, compared to goals and targets; and (3) a brief explanation of any significant differences in these items. Monthly Reports should include numerical data that documents progress toward achieving the Contractor
’s overall targets. b.
Quarterly Reports
The Contractor shall prepare and submit Quarterly Reports to the Board , the
Contract Administrator , the Fiscal Agent , the DPS , and the EEU Advisory
Committee. Quarterly Reports shall include: (1) actual expenditures and commitments for administrative and program activities by program, compared to quarterly budgets; (2) status of programs and discussion of progress toward achieving savings targets, milestones, and other agreed-upon indicators of program performance; (3) any proposed or actual changes to program scope, program designs and/or program implementation; and (4) such other information as the Board may require. Quarterly Reports should also include information on the degree of leveraging (including customer contributions and grant funds) achieved by the Contractor (see Paragraph 3.H for more information about leveraging). c.
Annual Reports
The Contractor shall prepare and submit Annual Reports to the Board , the
Contract Administrator , the Fiscal Agent , the DPS , the EEU Advisory
Committee, and all distribution utilities. Annual Reports shall include: (1) actual expenditures and commitments for administrative and program activities by program, compared to annual budgets; (2) status of programs and progress toward
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Vermont-VEIC Contract for EEU achieving savings targets, milestones, and other agreed-upon indicators of program performance; (3) any proposed or actual changes to program scope, program designs and/or program implementation; (4) the methods and results of the Contractor ’s tracking and monitoring activities as described in Paragraph 8 of the MOU ; and (5) such other information as the Board may require. The
Contractor shall prepare and submit to the Board , on an annual basis, audited financial statements prepared in accordance with Generally Accepted Accounting
Principles. Within 15 days of receipt of the audited financial statements, the
Board will deliver the audited financial statements to the GAAP Director in the
Department of Finance and Administration. d.
Occasional Reports to Distribution Utilities
The Contractor shall provide information to individual distribution utilities for planning and rate regulation purposes consistent with Paragraphs 9 and 39 of the
MOU . This information is described in more detail in Sections III.C.6.c and IV.E of the RFP . It is expected that the distribution utilities will agree on a common format for this data. Once a common format is agreed to, it shall be used consistently. The Contractor understands that this information will not be provided to distribution utilities more frequently than monthly. As stated in
Paragraph 39 of the MOU : "The information to be provided under this paragraph shall be limited to information created or maintained by the EEU in the ordinary course of business. This paragraph does not create an obligation of the EEU to create information specifically for a [distribution utility]."
7.
Information Requests
The Contractor shall respond in a timely and complete manner to any information requests regarding program budgets, expenditures, savings, and activities submitted by the Board , the Contract Administrator , the Fiscal Agent , the DPS , and to reasonable requests from the Chairperson of the EEU Advisory Committee.
The Contractor shall also respond in a timely and complete manner to any information requests submitted by members of the Vermont Legislature or legislative staff, including providing legislative testimony on EEU -related activities or energy issues when requested. When providing legislative testimony, the Contractor shall follow the guidelines contained in Paragraph 22 of the main body of this Agreement .
When providing a written response to a legislative inquiry, the Contractor shall provide the Contract Administrator with a copy of the response.
3.
Program Operations and Implementation
The Contractor shall manage, oversee and implement the Core Programs directly or through subcontractors. The Contractor shall develop methods to ensure that the Core Programs are meeting their adopted objectives and that funds are being spent effectively.
A.
Core Programs
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Vermont-VEIC Contract for EEU
For the year 2000, the Contractor shall implement the Core Programs described below.
The Contractor shall exercise its professional judgment and make minor changes to the
Core Programs on an as-needed basis during this term of this Agreement . The
Contractor shall bring new programs and major program redesigns to the Board for approval; the Contractor may request guidance from the Contract Administrator as to whether a particular change should be submitted to the Board for approval.
For the years 2001 and 2002, the parties agree that this Agreement neither accepts nor rejects any of the possible modifications to the design of the Core Programs described in the Response . The Contractor may bring any of those suggested modifications, or other modifications not mentioned in the Response , to the Board for consideration as part of the
Board ’s annual program and budget approval process, or at any other time.
The parties agree that performance indicators for each of the Core Programs are delineated separately in Attachment C to this Agreement . The references to specific sections of the Response in this Paragraph (Paragraph 3.A) specifically exclude the portions of the Response that discuss possible performance indicators.
If the Contractor or any of its subcontractors advises a customer in any Core Program to use performance contracting and the Contractor or its subcontractor desires to bid for that contract, the Contractor or its subcontractor shall notify the Contract Administrator in advance of submitting a bid. The Contract Administrator may contact the customer and/or use other mechanisms to ensure that the Contractor
’s role as the
EEU or its subcontractor’s relationship with the
EEU does not give either of them an unfair advantage in the bidding process.
The Contractor may not itself guarantee, nor pledge any EEU funds to guarantee, any loans obtained by customers to finance energy efficiency projects in any of the Core
Programs without the prior approval of the Board . The Contractor may work to identify other organizations or agencies that are willing to guarantee such loans.
1.
Commercial Energy Opportunities Program
The Contractor shall implement the Commercial Energy Opportunities Program as described in Sections B.3.b.1.1 through B.3.b.1.6 of the Response . The Contractor shall track and report expenditures, kWh savings estimates, participation rates and other performance measurements in commercial new construction separately from all other Commercial Energy Opportunities Program activities.
2.
Dairy Farms Program
The Contractor shall implement the Dairy Farms Program as described in Sections
B.3.b.2.1 through B.3.b.2.6 of the Response , except for the paragraph entitled
“Inadequate Wiring and Other Unsafe Conditions” in Section B.3.b.2.2. The parties understand that some farms may have inadequate wiring or other safety problems that must be remedied before energy efficiency measures can be installed; the Contractor shall not be responsible, under the terms of this Agreement , for remedying any safety
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Vermont-VEIC Contract for EEU problems. If the Contractor is concerned about a potential safety problem on a customer’s premises, the
Contractor shall advise the customer of the potential problem and urge the customer to have a qualified professional inspect the premises.
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Vermont-VEIC Contract for EEU
3.
Low-Income Multifamily Program (REEP)
The Contractor shall implement the Residential Energy Efficiency Program (REEP) as described in Sections B.3.b.3.1 through B.3.b.3.6 of the Response .
4.
Commercial and Industrial Customer Credit Program
The Contractor shall implement the Commercial and Industrial Customer Credit
Program as described in Attachment A to the IBM Bilateral Agreement in Docket
5980 (Appendix B, Item 3 of the RFP ), with the following modification: for the year
2000 only, the date by which eligible customers shall send the Contractor written notification of their intent to participate in the program in that calendar year has been extended to March 31.
The Contractor
’s description of how it will implement this program (Sections
B.3.b.4.1 through B.3.b.4.6 of the Response ) is accepted only so far as it is entirely consistent with Attachment A to the IBM Bilateral Agreement, as modified above.
The parties agree that while participants in the Commercial and Industrial Customer
Credit Program can propose projects that would use “available funds” (as defined in
Attachment A to the IBM Bilateral Agreement) from the following budget year, it is intended that participants will not receive a refund of “qualified expenses” (as defined in Attachment A to the IBM Bilateral Agreement) until after the funds to be refunded have been received by the Fiscal Agent .
5.
Residential New Construction Program
The Contractor shall implement the Residential New Construction Program as described in Sections B.3.b.5.1 through B.3.b.5.7 of the Response , except for the second to last paragraph in Section B.3.b.5.4. The parties agree that the Contractor may undertake some co-marketing of this Core Program with certain renewable energy and sustainable building design programs being implemented by the
Contractor ; however, no EEU program funds are to be expended in such efforts.
The parties understand that the Contractor has been implementing, and will continue to implement, a related program known as Energy Rated Homes of Vermont
(“ERHVT”) which provides energy efficiency ratings for new residential buildings when requested by customers. The Contractor may use EEU funds to pay customers a rebate toward the cost of the ratings for residential buildings participating in the
Residential New Construction Program. Within 30 days of the initiation of this
Agreement , the Contractor shall submit a statement of such rebate offerings to the
Contract Administrator . The Contract Administrator shall approve any changes in the level of these rebates.
6.
Efficient Products Program
The Contractor shall implement the Efficient Products Program as described in
Sections B.3.b.6.1 through B.3.b.6.5 of the Response .
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Vermont-VEIC Contract for EEU
7.
Low-Income Single-Family Program
The Contractor shall implement the Low-Income Single-Family Program as described in Sections B.3.b.7.1 through B.3.b.7.6 of the Response .
8.
Emerging Markets Program
The Contractor shall implement the Emerging Markets Program as described in
Sections B.3.c.1 and B.3.c.2 of the Response , except that the year 2000 budget for this program is not that shown in Section B.3.c.2 of the Response ; rather it is the amount shown in Attachment E to this Agreement . The parties agree that, in the year 2000, the activities in this program will focus on planning and obtaining public input into the specific design of this program, including selection of markets to target and projects to implement in future years. The results of this process shall be brought to the Board for approval prior to implementation.
B.
Coordinate with WEC and BED Regarding Their Delivery of Energy Efficiency
Programs
The Contractor shall coordinate with WEC and BED regarding their energy efficiency program implementation in accordance with the terms of their bilateral agreements with the DPS (see Appendix B, Items 2 and 4 of the RFP ) and any subsequent Board order in
Docket 5980 approving BED ’s implementation plan.
The Contractor shall develop a written plan for coordination with each utility as described in Section B.3.b.8 of the
Response . These plans shall be submitted to the Contract Administrator and the DPS .
C.
Manage Subcontractors and Implementers
The Contractor shall solicit, select, hire and oversee employees and subcontractors to perform program implementation, and develop methods for managing the performance and compensation of program implementers. The Contractor shall review, approve if appropriate, and pay subcontractor, implementer, and program expenses in a timely manner.
D.
Quality Assurance
The Contractor shall develop and maintain quality assurance standards and tracking and monitoring mechanisms for each program, ensuring that both direct employees and subcontractors apply the quality assurance standards and methods set forth by the
Contractor .
Section B.3.d.7 of the Response contains the Contractor ’s proposal regarding quality assurance standards. This proposal is hereby accepted with the following modification:
The dates included in the timeline in that Section are targets only; the Contractor shall work with the Contract Administrator to establish final completion dates for the items identified in the timeline.
E.
Coordinate With Other Energy Efficiency Activities
The Contractor shall coordinate all of its own program implementation activities with those of state, regional and national energy efficiency efforts, including (1) the
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Vermont-VEIC Contract for EEU
Department of Energy/Environmental Protection Agency Energy Star Program; (2) the
Northeast Energy Efficiency Partnerships; (3) the Vermont Weatherization Assistance
Program; (4) the School Energy Management Program of the Vermont Superintendents'
Association; (5) the Vermont Residential Building Efficiency Standard (Vermont's residential building energy efficiency code); (6) the Act 250 process (10 V.S.A. §§ 6081-
6092); (7) any demand-side bidding program implemented by the New England
Independent System Operator; and (8) efforts currently under way to adopt a statewide
Commercial Building Energy Standard. Other state, regional or national initiatives or organizations may emerge in the future; the Contractor shall be expected to evaluate the potential benefits of those efforts and coordinate with and participate in them in a manner that is consistent with the EEU
’s mission and the
State
’s policy objectives for energy efficiency.
F.
Coordinate With Distribution Utilities
The Contractor shall coordinate with distribution utilities on energy efficiency programs implemented by distribution utilities on their own behalf (e.g., voluntary system-wide programs provided by a distribution utility in its own service territory, or a geographically-targeted Distributed Utility Planning effort that utilities are required to undertake under the terms of the MOU ). The Contractor shall also coordinate with distribution utilities to determine whether power quality and power factor may be affected in situations in which the application of programs or program technologies might have a significant material impact on the integrity of a distribution utility’s transmission and distribution system or a customer's facility. If problems are identified, the Contractor shall cooperate with the affected distribution utility and/or customer to resolve the problem.
G.
Program Marketing, Information, and Education
The Contractor shall develop a public and consumer information strategy to promote customer participation in and market awareness of the statewide energy efficiency programs. At a minimum, the Contractor shall provide: (1) a toll-free number as described in 30 V.S.A. § 209(d)(3); (2) a web page describing services available to customers; (3) effective customer response and referral procedures; and (4) a system for addressing and resolving customer complaints promptly.
Section F of the Response contains the Contractor
’s marketing, customer service and business development proposal. This proposal is hereby accepted with the following modifications:
1.
The name of the EEU will be “SavEnergy,” or such other name as the Board may approve after consultation with the Contractor (see Paragraph 25 of the main body of this Agreement ).
2.
The Contractor will consider including an e-commerce component on its web site, in addition to the items listed in Section F.2.e.2.1 of the Response .
3.
The Contractor shall work with the Contract Administrator to establish revised tasks and due dates for the marketing implementation plan in Table F.1.
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Vermont-VEIC Contract for EEU
The parties agree that the Board will work with the Contractor to develop a fact sheet providing a history and purpose of the EEU establishment, as discussed in Section F.2.e.2 of the Response .
H.
Develop Independent Funding Sources
The Contractor will, to the best of its ability, facilitate the development of, and/or develop, independent energy efficiency funding mechanisms that leverage nonEEU funds (such as grant funds). The Contractor shall develop mechanisms to help overcome lack of customer access to financing for efficiency investments so that customer contributions to measure costs can be maximized consistent with the Board
’s principles of sound program design.
4.
Program Development, Planning and Budgeting
The Contractor shall lead and facilitate the development and revision of Core Programs and
Core Program budgets in a coordinated process with the DPS and EEU Advisory Committee.
On a periodic basis, the Contractor shall review Core Programs and their effectiveness and facilitate and coordinate a public program planning process that includes gathering input from subcontractor implementers, market participants, evaluation entities, and other interested persons for the purpose of improving Core Program designs. The Board will approve Core Program designs on an annual basis at the same time that it approves the budget for those Core Programs . Accordingly, by September 1 of each year of this
Agreement the Contractor shall submit the Core Program designs it proposes to implement during the following calendar year. Notwithstanding the previous sentence, for the year 2000 only, the submission deadline is October 1.
In accordance with Paragraph 4.D.2 of Attachment C to this Agreement , the Contractor
’s
October 1, 2000 Core Program planning submission shall also include (1) proposed performance indicators and specific target goals for programs and activities for 2001 and
2002 that have not yet been resolved, and (2) a proposed dollar allocation for Performance
Award indicators, using a method that reflects relative program budgets as well as the relative weights assigned for other types of performance indicators.
A.
Program and Measure Screening
The Contractor shall assess the cost-effectiveness of efficiency measures and programs for both Core Program design and delivery purposes according to the Societal Test as described by the Board in its April 16, 1990 Order in Docket No. 5270. The Contractor is required to use and, as appropriate, update already-developed statewide program and field screening tools in its program planning and implementation. The Contractor shall incorporate into its screening tools any new avoided costs and externality adjustments approved by the Board for use in Core Programs .
The Contractor is required to keep current documentation on all measure and program assumptions. Changes to existing measure and program assumptions and all assumptions for new measures and programs should be coordinated with the DPS . All changes shall be documented, including the basis for the new assumption.
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Vermont-VEIC Contract for EEU
B.
Market Assessment and Characterization Activities
The Contractor shall be responsible, unless otherwise directed by the Board , for determining whether and to what extent it will collect, compile, and assess information on the characteristics and current status of markets targeted by the Core
Programs and markets that are potential targets for additional programs. This information should include changes or expected changes in these markets, opportunities for emerging energy efficiency technologies and practices, and the status and progress of EEU -funded programs in capturing the potential for cost-effective energy savings. The Contractor
’s responsibilities with respect to collecting information related to market transformation effects shall be limited to data about its efforts (e.g., the Contractor will collect information about its installations, but is not responsible, for example, for collecting information about awareness of new energy efficient technologies among Vermont residents).
C.
Coordinate Core Program Data Collection Activities
The Contractor shall coordinate, manage and secure required Core Program data collection from subcontractors, distribution utilities, customers, and other appropriate entities. The Contractor shall ensure that data definitions, formats, collection, processing, storage and retrieval procedures used by it and any subcontractors or agents are consistent with the requirements of the RFP and result in an integrated and easily accessible, consistent set of data for all Core Programs . However, the parties agree that this provision is not intended to require the Contractor to secure data from distribution utilities which fail to respond to an initial request. If a distribution utility is not responsive to such a request from the Contractor after a reasonable period of time, then the Contractor may ask the Contract Administrator to resolve the dispute, or if unresolved, to bring the dispute to the attention of the Board .
D.
Support for Resource Planning and Program Evaluation Activities
The Contractor shall provide data and information collected under Paragraphs 2.F.2, 4.B, and 4.C of this Attachment to support the DPS
’s demand-side management resource planning and evaluation activities, in particular, the DPS
’s obligation to conduct
EEU program evaluation ( MOU , Paragraph 11) and the DPS ’s evaluation of the Contractor ’s performance, market conditions, and available demand-side management potential as required in the MOU at Paragraph 18 . The Contractor shall also cooperate to the best of its ability and within its budget constraints in the identification and prioritization of information needs, the exchange of information, and the timing of Work products with the
Board and DPS staff as necessary to effectuate strategic planning, multi-year program planning and budgeting, market assessment, and program evaluation.
E.
Distributed Utility Planning
Vermont electric utilities may request the services of the EEU in certain cases for implementation of their obligations for particular strategic retrofit programs (See Section
III.D.8 of the RFP ). In the event of such a request the Contractor would be required to enter a competitive bid, and, if selected, act as a contractor directly to the electric utility
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Vermont-VEIC Contract for EEU to perform program services. In accordance with Paragraphs 38, 40, and 41 of the MOU , the Contractor will receive compensation from the requesting utility for the development of its proposal to perform these services, and separate compensation from utilities for any services so provided under the terms of such contracts.
5.
Program Transition Responsibilities
A.
Transition During Program Initiation
The EEU is expected to commence operation on March 1, 2000. The transfer of operational control and responsibility for applicable existing efficiency programs, electric utility customer information, and outstanding utility demand-side management contracts to the Contractor should, to the best of the Contractor ’s ability, be completed by March
15, 2000. During the transition period, utilities will also transfer existing program-related materials to the Contractor as outlined in the RFP . The Contractor should strive to maintain and strengthen constructive relationships with customers, trade allies, contractors, and other efficiency program partners during this transition.
The Contractor is required to fulfill outstanding terms of existing customer contracts (as described in Section II.I.3 of the RFP ) and agreements with distribution utilities or subcontractors entered into by the Contract Administrator during the transition period
(e.g., assuming existing financial obligations and requirements of program delivery such as providing customer incentives and technical and design assistance).
Section G of the Response contains the Contractor
’s proposed transition plan. This proposal is hereby accepted with the following modification: The dates included in the timeline in the proposal are targets only. The Contractor shall work with the Contract
Administrator to establish final completion dates for the items identified in the timelines.
B.
Transition Upon Termination or Transfer of EEU’s Role
If the EEU 's role is terminated or transferred to another entity on any future date, the
Contractor shall use best efforts to cooperate in all reasonable ways with, and assist, any such transition process so as to best effectuate the purposes of 30 V.S.A. § 209 and the
Order . This obligation shall include, without limitation, the sharing and transfer of data, and the transfer, via licensing agreement, of Customized Software (see Paragraphs 9 and
19 of the main body of this Agreement ).
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