APPENDIX D: LOCAL LIHEAP & WAP PROVIDERS: SAMPLE SUBCONTRACT
WITH LIHEAP AND WAP PROVIDERS
APPENDIX D: LOCAL LIHEAP & WAP PROVIDERS: SAMPLE SUBCONTRACT WITH LIHEAP AND WAP
PROVIDERS
Utility Name
Algoma Utility Commission
Arcadia Electric & Water Utility
Argyle Electric & Water Utility
Bangor Municipal Utility
Barron Light & Water Utility
Belmont Water & Electric Utility
Benton Electric & Water Utility
Black Earth Electric Utility
Black River Falls Municipal Utility
Bloomer Electric Utility
Boscobel Municipal Utilities
Brodhead Water & Light
Cadott Light & Water Utility
Cashton Electric & Water Utility
Cedarburg Light & Water
Centuria Municipal Electric Utility
Clintonville Water & Electric
Columbus Water & Light Department
Cornell Water & Electric Utility
Cuba City Electric & Water
Cumberland Municipal Utility
Eagle River Light & Water
Elkhorn Light & Water Utility
Elroy Electric & Water Utility
Evansville Water & Light Department
Fennimore Water & Light
Florence Utility Commission
Gresham Light & Power Company
Hartford Utilities
Hazel Green Municipal Utility
Hustisford Utilities
Jefferson Water & Electric Department
Juneau Utility Commission
County(s)
Kewaunee
Trempealeau
Lafayette
LaCrosse
Barron
Lafayette
Lafayette
Dane
Jackson
Chippewa
Crawford
Green/Rock
Chippewa
Monroe
Ozaukee
Polk
Waupaca
Columbia/Dodge
Chippewa
Lafayette/Grant
Barron
Vilas
Walworth
Juneau
Rock
Grant
Florence
Shawano
Washington
Lafayette/Grant
Dodge
Jefferson
Dodge
LIEAP Provider
Kewaunee County
Trempealeau County
Lafayette County
LaCrosse County
Barron County
Lafayette County
Lafayette County
Energy Services, Inc.
Jackson County
Chippewa County
WI Coulee CAP
Green County/Energy Services, Inc.
Chippewa County
WI Coulee CAP
Ozaukee County
Polk County
Energy Services, Inc.
Energy Services, Inc.
Chippewa County
Lafayette County/Grant County
Barron County
Vilas County
Walworth County
Central WI CAC
Energy Services, Inc.
Grant County
Florence County
Forward Services Corp.
Washington County
Lafayette County/Grant County
Energy Services, Inc.
Energy Services, Inc.
Energy Services, Inc.
Weatherization Provider
Women's Employment Project
Western Dairyland EOC
Southwest CAP
WI Coulee CAP
West CAP
Southwest CAP
Southwest CAP
Project Home, Inc.
Western Dairyland EOC
West CAP
WI Coulee CAP
Project Home, Inc./CAI Rock/Walworth
West CAP
WI Coulee CAP
Partners for Community Development
West CAP
CAP Services, Inc.
Central WI CAC/Hartford CDA
West CAP
Southwest CAP
West CAP
Ashland Co. Housing Authority
CAI Rock/Walworth
Central WI CAC
CAI Rock/Walworth
Southwest CAP
NEWCAP, Inc.
NEWCAP, Inc.
Hartford CDA
Southwest CAP
Hartford CDA
La Casa de Esperanza
Hartford CDA
Kaukauna Electric & Water
Outagamie
Kiel Utilities Manitowoc/Calumet
Lafarge Electric Utility
Vernon
Lake Mills Light & Water
Jefferson
Lodi Light & Water Utility
Columbia
Manitowoc Public Utilities
Manitowoc
Marshfield Electric & Water
Wood/Marathon
Mazomanie Electric Utility
Dane
Medford Electric Utility
Taylor
Menasha Utilities
Winnebago
Merrillan Electric & Water Utility
Jackson
Mount Horeb Electric Utility
Dane
Muscoda Light & Water
Grant
New Glarus Light & Water
Green
New Holstein Public Utility
Calumet
New Lisbon Electric & Water
Juneau
New London Electric & Water Outagamie/Waupaca
New Richmond City Utilities
Juneau
Oconomowoc Utilities
Waukesha
Oconto Falls Water & Light
Oconto
Pardeeville Electric Utilities
Columbia
Plymouth Utilities
Sheboygan
Prairie du Sac Electric & Water
Sauk
Princeton Water & Electric
Green Lake
Reedsburg Utility Commission
Sauk
Rice Lake Utilities
Barron
Richland Center Electric Utility
Richland
River Falls Municipal Utility
Pierce
Sauk City Water & Light Utility
Sauk
Shawano Municipal Utilities
Shawano
Sheboygan Falls Utility
Sheboygan
Shullsburg Electric Utility
Lafayette
Slinger Utilities
Washington
Spooner Municipal Utilities
Washburn
Stoughton Electric Utility
Dane
Stratford Water & Electric
Marathon
Sturgeon Bay Utilities
Door
Sun Prairie Water & Light
Dane
Outagamie County
Weatherization Services HAOC
Manitowoc County/Calumet County
Partners/Weatherization Services
Vernon County
WI Coulee CAP
Energy Services, Inc.
La Casa de Esperanza
Energy Services, Inc.
Central WI CAC
Manitowoc County
Partners for Community Development
Wood County/Energy Services, Inc.
North Central CAP
Energy Services, Inc.
Project Home, Inc.
Taylor County
Indianhead CAA
Winnebago County
ADVOCAP, Inc.
Jackson County
Western Dairyland EOC
Energy Services, Inc.
Project Home, Inc.
Grant County
Southwest CAP
Green County
Project Home, Inc.
Calumet County
Weatherization Services HAOC
Central WI CAC
Central WI CAC
Outagamie County/Energy Services, Inc. Weatherization Services HAOC/CAP Services
Central WI CAC
Central WI CAC
Energy Services, Inc.
La Casa de Esperanza
Oconto County
NEWCAP, Inc.
Energy Services, Inc.
Central WI CAC
Sheboygan County
Partners for Community Development
Energy Services, Inc.
Central WI CAC
Green Lake County
ADVOCAP, Inc.
Energy Services, Inc.
Central WI CAC
Barron County
West CAP
Southwest CAP
Southwest CAP
Pierce County
West CAP
Energy Services, Inc.
Central WI CAC
Forward Services Corp.
NEWCAP, Inc.
Sheboygan County
Partners for Community Development
Lafayette County
Southwest CAP
Washington County
Hartford CDA
Washburn County
Indianhead CAA
Energy Services, Inc.
Project Home, Inc.
Energy Services, Inc.
North Central CAP
Women's Employment Project
Women's Employment Project
Energy Services, Inc.
Project Home, Inc.
Trempealeau Electric & Water
Two Rivers Water & Light
Viola Water & Electric
Waterloo Water & Light
Waunakee Water & Light
Waupun Public Utilities
Westby Electric & Water
Whitehall Electric Utility
Wisconsin Dells Electric Utility
Wisconsin Rapids WW&LC
Wonewoc Water & Electric
Trempealeau
Trempealeau County
Manitowoc
Manitowoc County
Richland/Vernon
Southwest CAP/Vernon County
Jefferson
Energy Services, Inc.
Dane
Energy Services, Inc.
Dodge/Fond du Lac Energy Services, Inc./Fond du Lac County
Vernon
Vernon County
Trempealeau
Trempealeau County
Columbia
Energy Services, Inc.
Wood
Wood County
Juneau
Central WI CAC
Western Dairyland EOC
Partners for Community Development
Southwest CAP/WI Coulee CAP
La Casa de Esperanza
Project Home, Inc.
Hartford CDA/ADVOCAP, Inc.
WI Coulee CAP
Western Dairyland EOC
Central WI CAC
North Central CAP
Central WI CAC
Area
Adams - Columbia
Barron
Bayfield
Central Wisconsin
Chippewa Valley
Clark
Dunn
Eau Claire
Head of the Lakes
Jackson
Jump River
Oakdale
Oconto
Pierce-Pepin
Polk-Burnett
Price
Richland
Riverland
Rock County
Scenic River
St. Croix
Taylor
Vernon
LIEAP Provider
Weatherization Provider
Central WI CAC Central WI CAC
Energy Services, Inc.
Barron County
West CAP
Bayfield County Ashland County Housing Authority
Energy Services, Inc.
CAP Services, Inc.
Chippewa County
West CAP
Clark County
Indianhead CAA
Dunn County
West CAP
Eau Claire County
Western Dairyland EOC
NW WI Community Services
City of Superior
Jackson County
Taylor County
WI Coulee CAP
Western Dairyland EOC
Indianhead CAA
WI Coulee CAP
Oconto County
NEWCAP
Pierce County
West CAP
Pepin County
West CAP
Polk County
West CAP
Burnett County
Indianhead CAA
Price County Ashland County Housing Authority
Southwest CAP
Southwest CAP
Trempeleau County Western Dairyland EOC
Buffalo County
Energy Services, Inc.
CAI Rock/Walworth
Grant County
Southwest CAP
St. Croix County
West CAP
Taylor County
Indianhead CAA
Vernon County
WI Coulee CAP
Douglas
County
Monroe
County
Arcadia
WISCONSIN ENERGY CONSERVATION CORPORATION
211 South Paterson Street, Third Floor
Madison, WI 53703
SUBCONTRACTOR AGREEMENT
This Subcontractor Agreement is made and entered into this 1st day of January 2000, by and between
Wisconsin Energy Conservation Corporation (hereinafter referred to as WECC) whose principal business
address is 211 South Paterson Street, Third Floor, Madison, Wisconsin 53703, and ADVOCAP, Inc.,
(hereinafter referred to as ADVOCAP, Inc.) whose principal business address is 2929 Harrison Street, Oshkosh,
WI, 54901.
The WECC employee responsible for the administration of this Agreement is Suzanne Harmelink. The
ADVOCAP, Inc. employee responsible for the administration of this Agreement is Tom Rowland.
SCOPE OF SERVICES
Wisconsin Public Service Corporation (WPSC) has retained WECC to administer WPSC's Low Income
Weatherization Program. ADVOCAP, Inc. has agreed to provide weatherization services to eligible WPSC
customers as described in the Weatherization Assistance Manual, a copy of which has been previously supplied
to ADVOCAP, Inc. and is incorporated herein by reference.
COMMENCEMENT AND COMPLETION OF WORK
ADVOCAP, Inc. will commence work promptly upon receipt of authorization to proceed from WECC. ADVOCAP,
Inc. will complete the services by December 31, 2000.
COMMENCEMENT AND COMPLETION OF INDIVIDUAL WEATHERIZATION JOBS
For non-emergency jobs, ADVOCAP, Inc. will conduct an audit within two weeks from receipt of WECC referral.
All measures identified during the audit will be installed within 60 days of the audit. Emergency referrals are
completed as defined in the Weatherization Assistance Manual. Failure to complete weatherization jobs as
described above may result in the reallocation of funds.
COMPENSATION/TERMS FOR PAYMENT
The Weatherization Assistance Manual defines the compensation rates and describes the manner in which
ADVOCAP, Inc. will receive payment for services. Compensation will be paid to a maximum amount of
$155,000.00 during the term of this Agreement. Funds unspent as of December 31, 2000 cannot be carried over
into 2001. Unspent amounts and therm and kWh estimated savings as of September 30, 2000 will be reviewed
by WECC. Should remaining budget and estimated savings be significantly below target, funds may be
reallocated to ensure program goals will be met by December 31, 2000. ADVOCAP, Inc.’ s 2000 annual therm
goal is 37,500 and kWh goal is 75,000. ADVOCAP, Inc. has not been approved for stand alone job completions
during the 2000 contract period.
Invoices and production reports (as specified in the Weatherization Assistance Manual) are due on the 10 th of
each month and include activity for the previous month. Payment will be made to ADVOCAP, Inc. based on the
acceptance by WECC of required invoice and production reports as described in the Weatherization Assistance
Manual. WECC will issue payment to ADVOCAP, Inc. within five working days of WECC's receipt of payment
from WPSC.
INSURANCE
ADVOCAP, Inc. is required to carry the following types of insurance: worker's compensation, comprehensive
general liability, automobile liability, and professional liability. The minimum limits for worker's compensation are
established by state law. The comprehensive general liability will have a contractual liability endorsement and
minimum coverage limits of $1,000,000 each occurrence. The minimum limits for automobile liability coverages
will be $1,000,000 each accident. The automobile liability policies will cover all owned, hired, or rented
automobiles used in work performed under this Agreement. The minimum limits for profession liability coverage
will be $1,000,000 each claim. Except with respect to worker's compensation and professional liability, WECC
and WPSC will be named as an additional insured on the above policies. ADVOCAP, Inc. is to provide WECC
with a certificate of insurance for the above coverage prior to beginning work on this Agreement.
All subcontractors used by ADVOCAP, Inc. must carry the insurance amounts described above. ADVOCAP,
Inc. will require insurance certificates for all subcontractors conducting work under this Agreement.
INDEMNIFICATION
To the fullest extent permitted by law, ADVOCAP, Inc. agrees to fully indemnify and completely hold harmless
WECC, WPSC, their agents, insurers and/or employees from and against all actions, claims, demands,
liabilities, damages, losses, costs and expenses, including but not limited to attorney’s fees (and any other costs
associated with the handling of or defense of any such action or claim of any kind), which relate to personal or
bodily injury, sickness, disease, death, or injury, or damage to property of any kind (including without limitation
the loss of use thereof), and including without limitation any consequential damage arising therefrom, where all
or any part of such actions, claims, damages, losses, liabilities, costs, or expenses in any way arise out of or by
reason of, or are claimed to arise out of or by reason of, in whole or in part, any act or omission of ADVOCAP,
Inc. or anyone directly or indirectly employed by it or anyone else for whose acts it may be liable. ADVOCAP,
Inc. will fully indemnify and completely hold harmless WECC and WPSC, as set forth above, whether or not
negligent or other fault of ADVOCAP, Inc. or its agents or employees or any other party indemnified hereunder,
contributed to, or is claimed or alleged to have contributed to, the claim, action, damage, loss, cost, liability, or
expense. The only instance in which ADVOCAP, Inc. will not fully indemnify and completely hold harmless
WECC and WPSC as set forth above is where the claim is based solely upon the alleged fault of WECC and/or
WPSC and WECC’s and/or WPSC’s fault is adjudicated to be the sole cause of all the claim, action, damage,
loss, liability, or expense.
CONFIDENTIALITY
ADVOCAP, Inc. is required to sign a Confidentiality Agreement which is attached to this Agreement and
incorporated herein by reference. (See Attachment A)
TERMINATION
Each party has the right to cancel this Agreement for its convenience by written or telegraphic notice at any
time. In the event of termination, ADVOCAP, Inc., Inc will use its best efforts to immediately curtail all charges
and commitments made under this Agreement. If WECC requests the termination, it will pay ADVOCAP, Inc.
for the work actually performed and all expenses incurred or becomes obligated for prior to the date of
termination. If ADVOCAP, Inc. terminates, it will be responsible for all costs and expenses incurred by WECC in
hiring another party to complete the work
INDEPENDENT CONTRACTOR
In performing the obligations of this Agreement, ADVOCAP, Inc. is an independent contractor and not an
employee of WECC or WPSC.
WARRANTY
ADVOCAP, Inc. warrants: (a) that the Services are to be performed in a good and workmanlike manner, in
accordance with any established professional standards for such services and the best practices in ADVOCAP,
Inc.’s industry, (b) that the Services and any reports, drawings, advice and other products of the Services will
comply with all applicable laws, regulations, codes, and ordinances, that the Services and any goods fabricated
or modified or action implemented on the basis or through the use of any reports, drawings, advice, or other
products of the Services, will be good and sufficient to accomplish the results identified therefor by WECC
and/or WPSC, consistently with any specifications and other requirements of WECC and/or WPSC, and with
applicable laws, regulations, codes, and ordinances, and (d) that, to the extent that the Services involve
Technology to WECC and/or WPSC, use of such Technology by WECC and/or WPSC, does not infringe or
violate any patent, copyright, trade secret, mask work or other proprietary right of any person or entity, and, to
the extent that the Services involve development of Technology, WECC and or WPSC will obtain such
Technology without liability and without restriction. In the event of any failure by ADVOCAP, Inc. to comply with
this warranty, WECC and/or WPSC may, in addition to exercising any of its other rights and remedies under this
Agreement or otherwise at law, require that ADVOCAP, Inc. perform the Services again, properly and at no
additional expense to WECC and/or WPSC.
ASSIGN OR SUBLET
ADVOCAP, Inc. will not assign or sublet this Agreement or any part thereof without the written consent of
WECC.
MAINTENANCE OF RECORDS
ADVOCAP, Inc. will maintain accurate records pertaining to the Services and all transactions related thereto
and agrees to retain all such records for not less than three years after completion of the Agreement. The
records so maintained will be sufficient and acceptable to WECC and WPSC. Any representative(s) authorized
by WECC or WPSC may through the use of such records and other information available to WECC and/or
WPSC, audit any and all transactions related thereto for the purpose of determining whether there has been
compliance with this Agreement.
This Agreement constitutes the entire understanding and agreement between the parties for the services and
supersedes any and all prior representations and agreements, whether written or oral. No waiver, alteration,
consent, or modification of any of the provisions of this Agreement will be binding on WECC or ADVOCAP, Inc.
unless in writing and signed by a duly authorized representative of each party.
ADVOCAP, Inc.
Wisconsin Energy Conservation Corporation
Name:
Janet Brandt
Executive Director
Title:
Date:
Date:
MEUW Public Benefits Guide
8/25/00
WISCONSIN ENERGY CONSERVATION CORPORATION
211 South Paterson Street, Third Floor
Madison, WI 53703
SUBCONTRACTOR AGREEMENT
CONFIDENTIALITY AGREEMENT  ATTACHMENT A
ADVOCAP, Inc. understands and acknowledges that Confidential Information is being revealed to ADVOCAP,
Inc. in strict confidence solely for the purpose of allowing ADVOCAP, Inc. to perform the Services. ADVOCAP,
Inc. will not use, or induce others to use, any Confidential Information for any other purpose whatsoever, nor, at
any time, directly or indirectly, print, copy, or otherwise reproduce, in whole or in part, any Confidential
Information, without prior consent of WECC or WPSC.
ADVOCAP, Inc. will not disclose or reveal any Confidential Information to anyone except those of ADVOCAP,
Inc.’s employees with a definable need to know. Further, prior to revealing or disclosing Confidential
Information to such employees, ADVOCAP, Inc. will require the employees to agree to and be bound by the
terms of this Agreement, and to subscribe hereto.
ADVOCAP, Inc. acknowledges that any unauthorized disclosure or use of Confidential Information to which it is
given access by virtue of this Agreement, would cause WECC or WPSC to immediate and irreparable injury or
loss. Accordingly, ADVOCAP, Inc. acknowledges and agrees that in the event of a breach, or threatened
breach by ADVOCAP, Inc., of any provision of this Agreement, WECC and/or WPSC may be entitled to
preliminary and permanent injunctive relief restraining ADVOCAP, Inc. from the disclosure or unauthorized use
of any Confidential Information.
ADVOCAP, Inc.
Wisconsin Energy Conservation Corporation
Name:
Janet Brandt
Executive Director
Title:
Date:
Date: