HomeMy WebLinkAboutPacific Gas and Electric Local Gov Partnership ProgramF
"�VW REPORT TO THE CITY COUNCIL AGENDAITEMNO. 4:15'am F
COUNCIL MEETING: 01/1412010
January 10, 2010 t
CITY Wastes
FROM: JOHN M. DUGAN, Director
Planning and Development Department
THROUGH: KEITH BERGTHOLD, Assistant Director
Planning and Development Department n �,
BY: JOSEPH W. OLDHAM, Sustainability Manager�o dv
Sustainable Fresno Division, Planning and De lopment Department
SUBJECT: AUTHORIZE THE PLANNING AND DEVELOPMENT DIRECTOR TO ENTER INTO
SERVICE PROVIDER AGREEMENT WITH THE PACIFIC GAS AND ELECTRIC
COMPANY TO RECEIVE $360.000 TO ADMINISTER THE LOCAL GOVERNMENT
PARTNERSHIP PROGRAM WITHIN THE CITY OF FRESNO
RECOMMENDATIONS
Staff recommends that Ne City Council authmrze Ne Planning and Development Directorte enter into a
service provider agreement with the Pal Gas and Electric Company (PG&E) to receive $3680011 to
administer the Local Government Partnership Program within the City of Fresno.
EXECUTIVE SUMMARY
The Sustainable Fresno Division of the Planning and Development Department has been working with P
on promotion and coordination of energy efficiency programs within the City of Fresno since the i ivisbn
fended in July, 2009. One of these programs has bean the Local Government Partnership (LGP) Pmg
locally planed to as Fresno Energy Watch, which provides free energy efficiency lighting upgrades to
businesses, murk -family housing fficllibes, and municipal buildings. This site -wide program has previ
Case administered directly by PG&E, with the City of Fresno providing advice and Input as to potential
project locations. Following a decision by the California Public Utilities Commission (CPUC) In 2008, PG
new required to have local government agencies administer the program starting In 2010. PG&E Is pmpi
to provide $360.OD0 in funding for the Sustainable Fresno Division to provide administration of the
Government Partnership Program standing January 2010 through December 2012. The Sustainable Fr
Division will provide city-wide administration of the LOP program, marketing, and cdordlnalion with
energy efficiency programs being developed by the Cly of Fresno. Funding will be approximately $12(
per year for the tens of the agreement and pay far 1 25 positions within the division plus marketing
outreach costs.
The proposed agreement between the City of Fresno and the Pacific Gas and Electric Company has
reviewed by the City Attorney's Moe and Risk Management Division. The current agreement con
Indemnificafion language that posessome potential risk to the City of Fresno, however, after extensive r[
and analysis by city staff, this risk is considered acceptable considering the annual financial benefit of
$1,000, 000 to the community from this pmgrem,
i0 v
REPORT TO THE CITY COUNCIL
Authorize service provider agreement whop PG&E
Jan.14,2010
Page 2
Staff recommends Met the City Council authorize the Planning and Development Director to enter into a
s ndca provider agreement with Me Pacific Gas and Electric Company (PG&E) t0 receive $30,000 to
administer the Local Government Partnership Program witnin the City of Fresno.
BACKGROUND
The Sustainable Fresno Division of to Planning and Development Department has been working with PG&E
on promotion and coordination of energy efficiency programs within the City of Fresno since Me division was
formed! in July, anon. One of these programs has been the Low( Government Partnership (LGP) Program,
heally refined to as Fresno Energy Watch, which provides free anergy efficiency lighting upgrades to small
businesses, multi -family housing facilities, and municipal buildings. This state-wide program has previously
been locally administered directly by PG&E, with the Oty of Fresno providing advice and Imaut as to potential
project locations. During 2009, the Fresno Local Government Partnership Program pedonnetl upgrades an
over 600 small businesses and munlcipal buildings and saved over 7,700,000 kWh of elemmilty and 4,200
therms of natural gas resulting in $1,080,500 annual savings for the chains of Fresno with a reduction 01
1,638 tons of greenhouse gases.
Fallowing a decision by the California Public Utilities Commission (CPUC) in 2008. PG&E is required to have
local government agencies administer the program starting In 2010. PG&E is proposing to provide $360,000 in
funding for the Sustainable Fresno Division to provide administration of the Local Government Partnership
Program starting January 2010 and continuing to December 2012. The Sustainable Fresno Division MR
provide city-wide administration of Me LGP program, marketing, and coordination With other anergy efficiency
programs being developed by the City of Fresno. Funding will be approximately $120,000 per year for the
tam of the agreement and pay for 1.25 positions within the division plus marketing and outreach costs.
The promised agreement between the Ciry, of Fresno and the Pacific Gas and Electric. Company has been
reviewed by drs City Attorneys Office and Risk Management Division. The current agreement contains
Indemnlfcation language Mat poses some potential risk to the City of Fresno. The analysis of Mat dal is as
follows:
General Conditions Section 28.1 of Me agreement contains noncty standard Indemnification language. It
provides City will Indemnify and defend PG&E. In agreeing to indemnify a private party, the City waives Its
statutory immunities. PG&E has agreed to language Which was crafted in an effort to preserve City's statutory
immunities, but the language has not been tasted by the courts. However, because the work performed under
this agreement Is only administrative in nature and staff will not be actually Installing equipment, this risk of lase
Is considered extremely remote.
General Conditions Section 28.2 of the agreement states Mat hazardous waste spillage or release is covered!
under the 28.1 Indemnification provision. However, since Me work performed under the agreement is only
administrative In nature and All not ever involve hazardous waste, his risk Is non-existent.
In conclusion, after detailed review by city staff, the risk associated with this agreement Is considered
acceptable considering Me annual financial benefit to the community from this program.
provider agreement with PG&E
that the qty Council authorize the Planning and Development Director to enter Into a
treement with the Pacific Gas and Eleolnc Company (PG&E) to receive $360,000 to
I Government Paaneiship Program within the City of Fresno.
Y'Carsuan - Lan Flown
CO!"ll (Long Form) MSA No. dAOnood296
THIS IS a Centrad between %a below named Lml government Pntmq gx City of Fenno, Sustainable
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CumEtvW EMclenq Wskr SeNice Agreement NP. 4900009295
Lwal Gu"mmentP Metsltlp
General CmdRom
NOH
D11 05 Rev. 0&01N9 JL5
City M Freem
TABLE OF CONTENTS
1.
DEFINITIONS....... _. _...
Pam Nm
.._..... ..... .....GC -1
2.
INDEPENDENT CONTRACTOR
G61
3.
SUBCONTRACTS ____. ........
.._................... GF1
4.
CONFLINE55 tTHICS ......................
G61
5.
AVAILABILITYOFINFRMATI
AVAILABILITY OF INFORMATION _. ............. ...............................
GCU
5.
AND PAYMENT.......... _._ .........._...
363
T.
PRIORBILUN
WORK . __._ .............................365
B.
NO GUARANTEE
NOGUARA-WORK
_.._ _.... ...........................le"
9.
RCH
AMENDMNTS... OP CHANGES IN WORK __. _.
_............ ....... --le"
10.
AMENDMENTS .... .. ................
.. _... __.... _.G"
11.
ASSIGNMENT...... _.......
GGB
13,
PERBONNET.....EC ........T .,
REPLACEMENTPRECAUTIONS
.._...... ......__GGB
13.
AND PROTECTION OF PROPERTY
WETYDRUG
GGT
14,
AND
DALCOHOLA _._..
SUSEAMPLED
........ .......__GGT
15.
LAWFUL DISPOSAL OF
DISPOSAL AN
AND OTHER WASTE __.
__... .....GCB
18.
OWNER HI
OWNERSHIP OF DEUVE ABLES
RABLES.
GCB
19
OHTS __..... .._
.....__GGB
15.
USEAND
USE AND REPRODUCTION ......................................................................................
GGB
19.
INFRPROTIONRIOHTS_
PROTECTON.............
____. ___..GG9
20.
COPYRIGHT REPRTRATIOON
COPYRIGHT ...........
......._.._............. GG9
21.
ROYALTNDUCENSE FE ........ ..........
.............................G69
23.
DELIVEIESANDETENION OF
DELIVERY AND RETENTION OF RECORDS .
GC -10
23.
PUBLIC RESULTS........ ...._.
.... _..._CC 10
25,
SRELEASE
LOPSUGE OF PG&E PROPERTY.
CC10
25.
AITY,
CONFIDPUBLICENI4WTY .............. .. ..
--w-lo
28.
PUBLIC TESTIMONY ._
........................... GC -10
27.
WARRANTY.,,.,... _......... ................
GC -10
20.
INOEMNTALAION ...............
.._................ --GC-IU
39.
INCIDENTAL
E gND CONSEDUEMIHL DAMAGES
30_
INSURANCE REOWREMENIS ... .................
W-11
........................ GC -11
31.
FORCE
FORCE MAJEURE ....__I
GC -13
__..... .................. .. ................
........... GG13
W,
33.
TAX WITHHOLDING .................. ..___...
.___........_.... GC -13
M.
INJURY NDILL E
INJURY AND ILLNESS PREVENTION PROGRAM...................................:..............................
G613
UWS................ ____.
CHOICE
_..___...........GCd3
35.
X
OFLCE AWS.......... .............................3L-14
3T,
DISPUTE RV3ODU.................
....... ..............
-14
....................,.GC15
3B,
NON -WAIVER
NON -WAIVER__. ............
_.....__...OG15
39.
ENFORCEABILITY.... ..
...... ....... ...........GG19
Flb w Al dm pa001012
Customer Energy fgfia roy Maner Seaiee Apeamenl Np. 4400004206
laW Gwemment ParmeaNp General Cardenas
NOH 001LBg6 Rev, GMIM JLS CiN of Fiume
TABLE OF CONTENTS )oiled)
40 CANCELLATION AND TERMINATION OF CONTRACT O 15
41 INTEGRATION.... ....... __. ........................_... O 16
42 SURMVP .__ ...........0 16
EMMffI PG&E Supplier OWenlry Parcellig Policy
EXHIBIT 1# list W SubconbacbNSub wl%Aera and Debasement Recone
EXHIBR2 Poley RapaninB UI&m11on M Small Business Cmwms age Small OWNalmel
Business Cwsems
E%HI&T 3 Injury and Illness Fineman Prgmm Cpmpliarm Oamwe eb
EXHIBIT4 ERamlae d Conlan WoA AUNw'vatlm Oeeme t
Fle a nsm om
Page 3ol3
Customer Dow EMdmry toaster Serves Agreement No. 4400004205
Local Govemmed PaMershlp General Condit
NDH04001V0511bery [WHNi JLS City of Fresno
10 DEFINITIONS
1.1 'Chart Ober: A mason a encrihaWn to Me Connect model w a PG&E Fall OnIer
roan or a PG&E Charge Oder form.
1.2 'Local Govemment PaMeM4(LGP)" or'Commil : Pony or dal entering Into the
Centrad verb PL4&E for Me Work.
1.3 'Central TOLL apmmeot pdcean PG&E and LGP, Modeling Me SydOutlon and
appandkas, "Mar wish am other meatal spesMoally incorporated therein.
1.4 °PeRfor'Prvuddl P EartGPorboM.
1.5 'PG&E': Pacific Gest and Electric Comparryaala trough ter abducted represenbtlw(e).
1.5 '&yclfi®Mon': PGBE'68peclflcatlm whoa Induced be speGAc condition, base general
wMMms, anis any addenda bthese.
1.7 'SubmTMENT: M prrmant MMastn LGP" Subointradar or baMem Subcunliadan
d any Wei he a Intel of Mas Wash under this Goal
1.5 'SuicmVedor PaMorpM6e oMgln0a5u nYW LGPwandhw
Subconoadoro petarm a porton dsha Work arvera M Na Canted.
1.9 1%fW All Marked (Including but rhe limited W pmfess'wnd, argineemp. wetted and
Word cOmulfng servlros), labor, supervison, materiels, apuipment Mama and Mar
requirements o be Performed and headed by LGP under this CmNxt.
2.0 INDEPENOEMCONTRACTOR
In ffiwmlrp and pe i in8 Me obligations dols Contract LGP is an Independent mnOxlw and
andl not he NMIba M any beneflls what PG&E may provoe Its employees, eacopt as evpressry
pmVMa fpr In this Con erst NI pawns, darty, hha by LGP shag be empo macr
Gulcon0edws of LGP and shall nd W wnsWad as emdgees or agents of PG&E M any
roped
30 SUOCONTFWCTS
LGP NUII ant war into Subcontracts wirhwi to pdm wal approval of PG&E PG&E'e approval
aany Sahelw shall net rdave LGP of N OpgaoMO PG&E under Mas Contract Tne
annual and obligations ald Contract shall apply to any Subcontract and LGP MallLe
msawrsok o PG&E for any damages o PG&E ad" out of5utrcontrects not In accordance wash
the ConrracL Noting In bis Contact shall create any conbedual Goal beMew a
Submnul and PG&E.
40 CONFLICT OF INTERESLBUSINESS ETHICS
41 REASONABLECARE LGP stall eroohe reasonable care and diligence to prerea any
al or condition which roup multi in a conflotsolo PG&Es obrnh.
4.2 OTHEREMPLOWEN%Oudngbepr dhhis Conlrect,LGPoribempoyees Wllml
xtapteny ampYrymenl or enpape in any xvMxnidr creates a wnflict of IdneelwM
PcaE or in anyway aomprpmiswma wax m be perrorma underMts cpmred.
/3 GIFTS. LGPwdsempoye sMtJnddorw®useoheofler gMs.en"lnmenL
Payments, bans ander other servk .berafits or consiulrations of more Men a nominal
wine IF PG&E's employees, their omllbe vendors. Subcontracfin ash diner bio parlous.
ae.w mftl doc GC -1
Cu&arrer Energy El(laency Mailer ServkA Agra m pea W. Yd0000t95
Local Oovemmmt Pascal Gardens COMM s
NOH B IDI YIDS Rev. WNtNg JLS City d Fmrp
44 ACCURATE DOCUMENTATION. All financial statement, resume, resign, and other
EacumMb rend and Properly real Ble all a[oul WR A4vNes and transections
Mntlbtl for tln account el Pr
4.5 NOTIFICATION'. The LGP smell lmn sal* nobly PG&E&" and as vg4tbne MOls
cWrsa upon becoming aware cleuU vbaEcn.
50 AVNLABIUI OFINFORMATION
5.1 ACCESS:PG&Es duryauNomed represental May have. during Me term &Ne
ConVM uq Mtender ()) seen Managed, areas at all reasonade tlmea ball M the
LGP'S and M SubmnrecbK pmsmnel, account and moi &all description , including
Out not limited to cwntain files. paMining to Me Connect pa verify or mi Me quandy,
quisty wok program sed Progress of Me work min arable costs claimed by
IM LGP, atlnraes as Map par gam chips including mess, apploo le mpmpmd changes,
and Many cons reaonable purposes Including; any and all records &the LGP for Me
metre Of vemBtirq complance WM Ire ConBl&of IntmsuBUMnea EMks pmamn
(Bxlbn 4) Included in Me Cone
5.2 APPIJCABILIT". Trk Sectun 5 atoll apply A all PG&E contracts Wl Small not apply
PrtrianaM tia�perfmned so" an a lumpaumeas. lHowever. where lumPam and
(un it pries, reimbursable met Read cads. et.) are pertarmse
Kill eNmr as a art of has Centel or as spinae MonaL4, Men Me endue audit
ng& small arm extend to PG&E success ball LGPs recd ds; raining W 0 PG&E mnNaGs
poems Ma IumPmm for swam Mat the pentons &Me Work per/carried on a lime
and metmals ball ere not being charged wit time, medal a OMen units or cost which
are IndMm W be covered W lump6um or filed nand, ed., pmided herein, Supplement
meted w In s1 offer ORreementa.
5.3 ACCOUNTING: The LGP's and as 5ubmmaol accounts shall the kept an accordance
wIM generally accepted aaounmg gVgdea M Me rrUwyr Industry and shall ba kept In
mm a mmsr and In sumcknl Beall moans Mail the nature and amount of Me
Mill uems or wagon and wY peamimg aMe Conan and Me crisis for chargedsur
alwmrmss a the COMIKL
54 TIMEPERI00_ IM LEE and itSLpmrrbecbtsrall preens all such amounts and
remms for a rile of even(]) years after the amt of Me Gonial Pl duly
auMwlzed tpraenratry meg nave the right a radical any such accounts and
Records
55 ADJUSTMENTS'LGP, sublectiosaxI of Mlamrament Shaipmmpthiagustay
maccul In Mei lfillings
55 SUBCONTRACTORS: The WE mall Include Me ne:ary provisions In An Sutr moth
to eaum M&its Submna m coamy'Md Mle Section 5.
110 BILLING AND PAYMENT
5.1 BILLING AND PAYMENT FOR LUMP SUM WORK Thetermod Mk Paagraph5. l shall
applypa as Wok performed on a lump am pais.
81.1 INVOICESUBMITTALINSIRUCTIONS: LGPinigsubmitamonMlylnvoYea
PG&EMwmrnsadan Mall In the pr Ming aknder month LGPshall
submit lnmims to PG&E In acmNance wgh Me requmemenb Of this Paragraph
5.1 and with Me Insru&ons paw In Me Conrad or Conned Change Orden.
nM-m.mewme GGB
Combine, Enelgy EMc M Neater 5en'kfl Agreement Na."MOO IE
1,281 Gwemment PaNwrship Geral Condon
NCH 01108105 Rev. 09,61108 JUS Ciry of Fresno
The LGE shop Income Me Contract number, am if proposals Me Contract Work
AUMamWn number, on Me invade.
6.13 INVOICE DEFICIENCIES: should PG&E meta a MM LOP' a pias Was nM
meet Me inmklmg mooch mens ofBig Contract, PG&E Wit m81y LOP 0the
OeManctMwleom Me lmrokem LGP wHh coed deficencks. LGPshl
Pool to PG&E such documents orM a lion mrrol sal W6derrtlw, or
M invaras isomer to LOP, LOP shall resubm8 a command arnsm.
6.1.3 PG&E PAYMENT: Payment by PG&Eb CGP for Wwk performed w a lump tem
bash MII M mans, m Me lull amount of Me cwt of Me WOM peWrmed bx any
Miami ProcmN9e witrholtllm, computes In accordance who eremma of Me
Cant/ aMaMley HNwmpletetldunge month. al wrmenb MnM
mere, wbjed nPG&E epPmvel rta Moly 136) days efler re end ole e
Irnaw. met an of Me belmwof Meamaunl Mllwwral Me entlINMe
CaMnmaflerall Wank is catbfacbdlywmplaetl.
8.14 FINAL INVOICE The Mel lmdm shall be merkes'FINW eft must W rewNed
by PG&E wiNin exly(60) wleMar days error correlation of the Work. PI all
rel be Gabe for Payment a any lab bwkw Mal are medusa by PG&E beyond
feeadays.
6.15 BILLING RATESANOCONFLICTe'. LGP'a lump mum prke(e)WledeMe
Correct lee goal Mall norAMya di Me eml of Me Cohn lxllMW
prorxiiBM Mpmvel ty PG&E. The lump sum hougge) shall the lncluside Wall
LGP'e wttrMd mss, menpasal aft general em, and waft To Me export
such omp sum pricaft, of any Invoke w ocher sting instrument as provided for in
Mia SeNw 6 arabins him$ and condilrons vmM are M motion to or In contact
arm Me amu and mnENaw In Me Contract, whether Model or General. IMu
Tema aft mrdilbns in Me fee schedule, a om or aNc bli Instrument shall
be null and you.
8.2 BILLING AND PAYMENT FOR TIME AND MATERIALS AND UNIT PRICE WORK The
terms of Me Para9repb 62 shell apply a all Work performed on a time aft materiels or
led price Beek.
63.1 INVOICE SUBMITTAL INSTRUCTIONS: LGP shall surras lni a PGflE In
awgdarvz war Me rpulnmam; of this Paragraph 8.2 and with Me Instructions
printed In the Comfort or Co bad Cal Omer. The LOP shall Include the
Cori minter, And NappFska Me lintel Wow Automation number, M
Mor Irmem
82.2 MONTHLYINVOICEt LGP atoll auhnHe manly invoireMPGflE br
compeneatlon normal apparel sword in Ma waceding
®tinder morhM. Exr imine si be waken doer by Compact all for eMh
wsktne invoke shall Include Ma blooming information:
8.2.2.1 Some
Task mammon.
Estimated Matto console
Tom oust Incomes to dale
Parmagm of WorkM difi ed aft data completed
6222 Labor
ale. uemNrdx GC -3
Cusbmer Ena9y ER'ency Mrler Servke Agreement No. 60000062/15
Loral Government command; Carol Conditions
NDH 0010"5 Rm. DY01,09JLS Off Of Fresno
Employee name.
Employee labor Ga druflptlOn.
Employer salary, rem.
Number of hours seen,
Bluing rak.
6223 Reimbursable fraena
Unit mon am puantay of each dem of expanx.
62.3 BIWNGRATESANOCONFUM LGP'sbiingraWorkrsd in Me
Consist as xha0ma shall not charge dung Me hom M has Control anyone
poor all warrants by PGBE. Thew share rates add fees shall he Inchnom of
all LGCa ov2 COM, administrate and general for, add profit To the
eMmt such sw xMEuk, or any IrnOlce or other all Instrument r provide! M
in Mla Sal S wohlns mrma and mntlWns which am in a]tlnwn to or In
conflict area fire mass rl conditions In this Contract, wneeser Spat& or Genal,
Mor terms aM cwAilbns In the fee schel mroke, or other ening InsWmem
stall be mill anal vicd.
823.1 UaNme hounaMllGa bllletl etergMAma teas, unlasoMervnw
MowMmuL�0 Me use of machine.�and handed
kakhGPsMOd leaM wmensIf
"should.LGVsbattered cast "it not e applktlboMe Premiumporton
W th weNma [ost
02,12 Individuals other Man empl%ra of LGP (nonmPlWees) attached d by
LGP, such as SubmnrWn, Outside LGP s, or agency eerwnnd.
shill Out be Intel as LGP'a empbyeas and shall be all sepmahly
on Me Inwin. Such nonemplgves vmMung M LGP'a esablHM1M
office under LGP's direct surrvlsbn shall be tAW b PGBE at the wG
LGP's tl b LGP 5mm 105. All other normployeee MaA be filled at
LGP'e tllrel watt.
624 EXPENSES: Al[ almburrbk exWnws shall be reeswable, oNlnary, and
neaaaaryaMndish Mlkd atilt surnamed
in onexprar Ea summoned
IKW In Mu {araor to 624 shall bee oI GP inyellingby; Out
PGB, shall and theralmbureWdure by Me LGP', any expensed; cel w apprOVM by
6201 Overhead costs wt4 not hon almbuae0r expenses. Miscellaneous
mints, such as rOutFe blepnonuxsm
5e, marine mpying,
elMmnlc mail, facamlb Vrembspns,ccmpumrtlme and use of in-
house lxhnlnl software pre considered to be part W LGPs overhrtl
WSW
6242 LGP Nall pmvge Subconrctorlmolra far any LGP lmoim that
Includes Subcontractor Won.
6.2.5 TMVEL TIME MD COSTS: Nl air reel mad wilh'mmoublda of Me Unlbd
Shoda wil be mlmWrr] only on a well fare basis and all rural car wsm mill be
mlm0 amid Only On a subcaniall ad brie. Travel adds b and hwn the Work
site shall by at LGP's experme
62B MILEAGEMDUSEOEPERSONALCAR: Intlhevenl LGPuees idpersonal
car In Me performance of Werk under Me Control mrd such use b Incdtled am
almburbable exprr, banned contra gwM as hour horn home to Bat
as mniklAw GCd
CustaaneT Energy EMdericy, Hasler SeNce ApreemeM Nq. aa00001295
bocI Government Partnership Carl Coloradans
NOH IMAXM5 Rau. MUDIAN JLS City a Fleam
hall amp and from Me last business Map m Mme represents Formal use of
err est MaB nM de reimbursetl, qll Dorsa mlmbwaebM mlka9e elull ba al Me
current IRS refo.
6,2,7 SUPPORTINGUGLUMENTATION: FgeaCM1eapemattannow Sl W,
9upwbng tlem ars documentation Man Im Nmislretl faith this invoice. Caples of
motor eyense means m support Morel mars Men be Mla rbard m the ImoYa.
AMrougn boval reraipts urs M be attmllW. LGP MMI "in Mem ter Me term
of the Budd all
827.1 Ears Idol® Mall be esaanbled such thM atmchM supmmrq
dmmmbMn MMII M plxM in Me order Items in Me Imdrn, and
eMYr IBM 0ekpense chargeable m PG&E Wail be highlighted or
dory demanded.
62 INVOICEDEFICIENCIES: Souk PG&EdM nimtlet LGPbin douncl
mor Me krvddng rxlulremaM of Mh Carl PGBE YAN real LGP 0M
tlafi iencpa of remm Me invoke m LGP WM name deficiendss. LGP Mall
provide as PG&E wN documents or inMmaton correcting such concea ea, or
for invokes remmetl to LGP LGP shell rembmh a connector Imolce.
6.29 FINAL INVOICE: The final Invoke shell be mwked`FINAC ars must be resume
by PG&E of hin story (80) reminder days after completion of Me WDM. PG&E and
not W bell for Payment o1 any am Imrokp MM ere recover by PG&E beyond
Me6odaya.
0.2.10 UNITPRICEBASIS: Whenmvoceseclude WorkpeTarmeronaunnmke
Was, LGF MMI armor to Me MvNcs a or all tow unit arca item numbers, unit
prkm, euarMtles, dollar amounrs and other information as required M keMty IM
Work.
63.11 PG&E PAYMENT: Payment by PG&E to LGP W Work performed on a lane and
m0lernOrurs prigpuibod bamanage, In MBtellr.Po l In WM
athMeperformed leu am ContYmtl wrcenmga Mmcomp, tempus] In each
month
th
MM Me mama arse Control am satisfactorilysPar composed he reads,
each mmM
tmJWVg relmawsMk navy (304 deny Ak payments corral ban ed! al
PG&Eapofany meow ing b(30)eof a rrecelpf Merl occur
gemhedarab.
PaymMlfte0yl Work Ing balenre of co pllted due willaroal to entl of Me
Control After all Work is mtiemclodymmpleled.
]0 PRIOR WORK
Se spwlmmedby LGPWlsuentm PMEBeulMriznbN CarersIM eaaNmdMie
Contiol Mall be covitln d as having been perfoo ml subidl as the proviaWns M thio Conaaa
6.0 NO GUARANTEE OF WORK
THIS IS NOT AN EXC WSIV£ CONTRACT. THIS CONTRACT DOES NOT GUARANTEE THE
LGP ANY WORK NOR IS THERE ANY GUARANTEE AS TO ANY VOLUME OR DURATION OF
WORK
9.0 AODITIONAL WORK OR CHANGES IN WORK
9.1 PROCEDURE FOR ADDITIONAL WORK BEFORE PROCEEOINGWITHHtl WORK
INVOLVING POSSIBLE CI -AIMS FOR EXTRA COMPENSATION NOT SPECIFIED IN THE
CONTRACT, LGP SHALL SUBMIT IN WRITING TO PG&E A DETAILED ESTIMATE OF
THE COST FOR SUCHWORK. LGP Mell pgviae PG&E wiMedamibor baeakdwm dna
w.0 Ill el G05
Customer Energy Emclency Master Serials Agreement No, 440005,1295
Local GOeemment Partnership Gererel Condthapw
NOH GUOSM Rau. Oal JLS City of Frena
art Cost M such Wtotatedcmkact nark, inluding ealenslona aft Charge Orders,
as rolbes'.
9A I Oxcrlpoon Myml' W W Performed Inducting delayed trier m by s enMade
Make.
g.13 Estimated cal AT enlRash.
9.1.3 Ewpcb] data Of Wm*Wn of eaM ands
92 APPROVAL NEEDED FOR ADDITIONAL WORK LGP shall cwt prw'mJ wed any sued
WRorel work mor b recenen wrNen autlpdatlm ora Gunge Orrin iuue] to LGP by
PG IL LGP AGREES THAT ALL COSTS FOR ANY SUCH MODIFICATION OR CHANGE
THAT IS PERFORMED BY LGP WITHOUT PG&E'S PRIOR WRITTEN APPROVAL
$HALL BE AT LOPS SOLE RISK AND EJ{PENSE.
9.3 PGSE CHANGES TO WORK Pi reapwe had qht to make such tlprpes In Werk,
specifh9lbnc, or All 0All of may Ge normal or assail and any dXMerce In
Cdntrxt Poper MN Ram Poon charges shall be sppranid In wrong by PG&E broad Bs
Work of begun.
10.0 AMENDMENTS
NO MODIFICATION OR CHANGE TO THIS CONTRACT SHALL BE BINDING OR EFFECTIVE
UNLESS EXPRESSLY SET FORTH IN WRNING BY CHANGE ORDER AND SIGNED BY
PG&E'S REPRESENTATNE AUTHORIZED TO EXECUTE THE CONTRACT
110 ASSIGNMENT
Haller F" nay al any of N rights vdlunlerily or Inwlunta ly, wlathn by opaaUan of her or
any oMar manner, or daegak arty norkantal under this ControcL warned the priorwril@n
consent of than am"Itedy. Any Purameda lininfent or delegalron Of pel(amenee m HalationM
Nls Plm'IslonlswM. SubfaRto thebregoing, no Corral is dnding uWn add Not Inure to the
bereft a08 aucmasora and assigner of Mle paNn.
12.11 REPLACEMENT OF PERSONNEL
12d BYLGP'. LGPaalmowkdgp in"wenktmt MelndNduakw amin10 iNamigmd
by LGP to perform aerases under this Contrecl are removed, opened or rxae by
LGP, saun remrnal, repdcamenl, or reaeagnment may news In Pelma hem and comb b
PG&E. LGP perms nM b remove, replace Or reamign ouch iMhumal Ml Me
appaheof FG&E Suchapprowl MallnotWanre onWyxffihadade6yed LGP WII
make reasonable affairs to mountain WMMuIry in id a4 lig and Aiy govMa PG&E war
ample nc4he9an Marry wCll chergac ere nWe. LGPe9mmnn Atctinge PG&Elorthe
time spent an famXlrinng redwormant Amann AD the Work
122 BY POSE If PG&E finds LOP'a emPkM1ae b be unsatufaGory, LGP nail replace saW
emPlgx lmrmdialely THIP prmiaon doearM in anyxay r¢Ourte,eMveewapFow
(expressed of Implied) the Mmination aemgryment by Me LGP Many eml real
under the Mme of th1P paragaph.
130 SAFETY PRECAUTIONS AND PROTECTION OF PROPERTY
LGP Any Plan and conduct its Wants b safeguard persons and properly Rom Injury. LGP shall
dlmal gdonnance of Wma In compliance won reasonable safety and wrk prackes and
appfiwble Fall sa and local laws, rubs and n;WhoRma, Ir luding but Pat hmMd to,
"Occupational Safety and Al SlandaNf PromugatM by the US. Secrebry of Whor and Ver
ee'.mmmMl An GC8
CusWner Energy EHgarwy Mukr ServePgreerneS No. 4400004]95
NDH Gwemmont Pa OY1109p Genas Conditions
NOH 01ICflg5Rev .re0i of JCS City of Fhsin
C sediment
Gvwim d 0¢r pa owul posed by LGP. Heats. PGBE may, tleagna@ safety pmaauli and
o
hWRM10 Hqu 1nuse commerce
aft be LGP. PG&E reserverft eprryMbinfracti a Workles 1p
beg Wasat." cdnpfmnceed and
arta opts predwsent vele LGP
blMtshate.d" aMbplbwq'Medan repulalbns. larther any
requlrstrudBell mLGP icy POaudit
SE
prectlashi ixitherekvn,mleflaMreOver UGP and any epecl&IneVUNonsgivenbymar
nor Ne. r1cing oglxeb by LGP 66x11 relieve LGP of the velereapcnYdliryromeMaln rate antl
ettledworkina connWna.
140 DRUG AND ALCOHOL ABUSE POLICY
14.1 PREFACE: Pai Gas and Electric Company is cornmitled In Maintain and remota lW
eatery and baits fa w xvMen at Aa (edeas. In etldNon, PME is determined to probct
he employBed walomen, and Ne general pudic what tlrey anon PG&E prepety from any
ban caused by Magal drug and ai use W con-PGBE perovin. To aompbb Neu
pbj dvea,
PGM has estdlMi the fdlwnng drug antl ekdwl abuse bei M9venaN
PGBE%daYn by Ib LGP and Subcontractor personnel
14.2 COVERAGE: This posey applies to the personnel d NI PGBE LGP'a aM Subtpdmclprs
petl erring any Work or servsaa at PG&E offices ai aM other PG&E families.
14.3 POLICY:
1431 PG&E may deny aysas 1p or remove ham, Ib handles Ne pehaNel d wry LGP
or Suborn cal xfw PG&E has reewrebk grounds to dermas bas'.
14.3.1.1 Engaged In alcohol abuse or plegnitlrvg atgvM welch In any way
impdrs pi arils b Mui eum sale wom fadlldes, to proed Ne
health and anw-bedp of PG&E employee, tusl0mem and Ne gererel
punk, eM b pmmod My pui cmfkanna In PGBE'a device and
operations: or
14,3.12 Bean found gulp,pb] guilty or, pled ndo contendere b e dwrye of
sale or Eledbutm of any Illegal drug or controlled substance as definM
under FWmi or Cedgomia Isaw Wthin Ne past Me years, unless the
dmlcol revel urea lela expunged or aeakd by court under.
14.32 The lbsusi acfivlAp are prMldled at all faci114es mored or added by PGBE'.
143.2 .1 Powerful furnlahIng, telling, offering, pumhroorg. using or being
under th influence of Illegal drugs or affair comollM wbstlrces as
defined a Mer Federal or Celgdmle law,
14322 Possesebg. fixMshing, adding , offeMg. or using Ycphoac heveregea,
pr Ee juntlar Na Mtuenw pf alcolpl.
1433 Where reasonable cause eons NY paragraph 14.32 of this pally M1az been
voided. Ne LGP or Subcontractor must inform PG&E The LOP or SudxM2por
s also expMed to Ase ay or dl d Ne bllaNng acW ns to Ne died ground they
are permltRd under go"i mneri bagalmrq agreementid, and ra its
applicable seventy and human resource; policies.
1433.1 Saard NeindNNuat M oshenMNe, kher, aroragearm, and
Persons ertem,
14332 Repute Ne lntlNpmalb undergoamediwlexemlrelbn to Ce@rain.
their ONesa he duty Simi emmeafhn shorn include obtaining a urine
me.rmrMda GC -7
Cmlomer Energy E4fioency Master Saml Agreement No 44000042135
-owl Government pmmym ry Gmemal Condhecm
NDH 04roMg5 Raw. 091131,M) Jt City of Fresno
anchor blood spNmen bar drug or akdld enalyvs unless Ne
eaaminlrg oragan deem r Much Who W M inappnpnsda,
143.3.3 Take arty oMm permaneh action M determine it Nerd ref seen
vblaMn W p mgrapb 14.32.
14.3.3.4 ReNsal to wmFly Min a headed mend under paragraph 143.3 stall ba
grounds far denying Wool to, or Immedlata removal from, any PGI
Fill
1434 My MNAual Who has ben denied Mews to. or remortd hom, PG&E fsaRes
for sodding Mie policy may distant pemmil to enter or reenter gavlded Ne
in&Mda eadablglm, to Ne aalielacdm of Iter empgryw and PON, E, Met Me
peMmra adrvaty which formed the basis for derrying mss or amwaHms been
comal and his or her Mun conduct whi conMm MN Mie policy. PG&E real
Ne right d feral somwaull for Ne entry or reenby of any Individual prwlously domed
acassto or removed from Wei lacilryle.
160 LAWFUL OIGPO&AL OF SAMPLED PND OTHER WASTE
If tln Mope of Wpk under this Comment rpNl2s LOP Pnl haaardous Woods Me
krrealgalbm .the folowi g provision Not apply'.
161 PG&EMllbereapansbWWdi IWansideawnpl¢s. Charges la Ekcowlof samlNee
taken oflske for testing are Included in the LOP'a propaeb notes.
162 LOP SMII IaMully disposed of all Wt empW after comple4on of be required Wt. along
wm any asque or bypm]ua15 o1Ne testing peeeae. LGPshallmnplywiarallollM
eddi kderal, adds and kcal Ws, buyer aMraonfMances applLzbk to Ne
Marcum W M performed, eGuding but not limited to, W the sMeM imputable, Ne CMB of
Faun Regutetlms, This 40, Pad 280 q-s_e, and Ne CaIHcm4 Health aH 3ahry CMe,
BdOan 25, 180 at Me and he They a LeAfwnk CMB m Reguladone, Semen sl of
143.
16o CWNERSHIP OFD RABLES
PG&E shall own &I data, repmp, informal manuals, computer programs or other wripen,
remNM. phologrephic or visual preteMb, or other degvambes produced in Me perbmanw of
this Correct. LOP shall retain no Panel insul or Wla in Mom Muslim m may dUerMeM
podded In the Cw1rem
170 PROPRIETARY RIGHTS
PG&E shml dxn ml pmprimsryhghls,'muddig, but not himself rd, forbi a wont and copyright
rights , In and W any and an imermons. sdRwarp Warks Maudom e, desgnsdr impmvemaMa of
equipment rale or propessm, Mail the Items reerenrN In 3xtion 16,'Oamil of
Dideemblm' (dd2ecllvely, Me'Oweldernall, concerned Myroloped, implemented, or producer
by LOP In Me peifomaau 0 M Contracts and LOP shall retain no wmanhip, Interest or Ne In w
W Mem sail or amherwhe poN]ed M Mas CondraWAT LGP agrees to aegn and herself sell
and ad night taloa and Interest in and to Me stents, copyrighted and mMr Inlelletlual property Highs In
Me Dewommen santl hermy agree to fully oxpelals and to do all bass rmmnal necessary
W allow PG&E to Gam sole ownership, Including Ne "Women of documents deemed necessary
by PG&E.
GLA
Goldner Energy ERchal Maaler ServMa Agreement NO 4,V KK g5
Loral Gmdemment Fenno ip Gemral COMBons
NDHMpWfi Rev. Og IMJL5 City of Fresw
180 USE AND REPRODUCTION RIGHTS
R and b the ¢RM Met LOP rnavw arty processing lights M any materlys NmkM1ed Irereundar
aided "Developments. LOP heeby III M PG&E Me inedona ls, pmpekel, ncnmcul
warlmMa, rgalry free sight and rrense to (1) malt¢, use. e.ecnr4 reproduce, display perform,
MMI d(i M, and MWM dmrvarM xwke based upon eucn pros adig rgMs and
deriwr}ye acres Hared in wnmcbon won I'Mes business and 1a7 enforce aMers to do any Or
ep dra ro mishe m cannder mwith PG&E's MrsMeu. Arryhialms d LGP to all hiiebry lights m
meront &s wmiahee InomundE moat x eaprwN s&ronh M Mts convenor ensu nave bean
pmuiouary disclosed b PG&E N wdgn9.
19C INFRINGEMENT PROTECTION
LOP represmb M PG&E MM Ne numerous b be prepared under has Cordn dwill not lnMnge upon
Ma copyright pal or homes. Or agreement vblab Me pmpMRry d9hs, Inducing Made secret
rights. d any person Or an" LOP agree 0irdamnhy all hold PG&E, ds parent company,
subsidiaries anNa affhatm, harmless from and danger any and all Ioubst ns, wN are damages
aching cut &any such iMdngemen4 and M1cm ary US, demand ordalm made against PG&E, he
Oannimmtgrry, wbsMlarlee ¢relict eMMbe, alleging any such IMdngementor viclaWn. In
addMon to Me laregoing, 0 Mere b such a WIL carried or claim, LGP agrees, as soon as
poaslMe, b either prmrefor FG&E Ma right to continue using Me hula 1, regace tow materiel
GYM noMnMrging material Or modify it an R newmes rwMnenging', produced, horever Met he
IPPA Wmodified malerkl shall be equal to gut carload¢] for nereuncer are seaefecbry b
POSE. LGPNdM Mie Wpayanyingmor mmomablee mento rmulling a
suit, demand or cunni and pry arty emotional atlameya halite Fwned by FG&E In deMue
against such sun
200 COPYRIGHT REGISTRATION
Nance of PG&E cogrghl oxnershlp "it this paced by LOP on all reports, I&mmallon or
iinsbuchi lmannas, mmNfor Programs or Minor Vendor receded, phAngraphic or visual
rtalenah or OtherdNNeraLWs b whian PG&E Im Me right &sure mane -ship as ProMed in M're
CcmI Such nWw shall the gemd cn Me materials In a manner and M3ppn as b give
inswoonsine notrce 0 M call of wpydght are Jell annual &Me Wpyrght eymWl ale end
"Gogsighr hylcwed by Ma your m¢filch the material Is touchiest and Me wonis^Padro Gas and
ElsMc Cunpany' ApglnbM fucpeydpM tplatretlut sea be Me mpanslbity&PG&E.
210 ROYALTEG AND LICENSE FEES
Royalnn, uwme baser parents, copyrights and cover Intellectual groperty ler
deadline Processes. lechrldogy, Publ'l or unpualaNd dm, Inkmubon Cr n!cnnical malonate
Inducing, but nor broad to, manuals, amguter pronums, or other delivemaka bmhuded W LOP,
u MpmcrfssesormdhN amploysebr LGPhpmimming Mesanicea, Mellod IMutled in Me
Contract poke.
no DELIVERY AND RETENTION OF RECORDS
To Me extent PG&E does not dherwlee specifically request delivery d records Or teats. LOP
onrew to s&ein eA record; ere mule d Work pedo rred under used Contract fore pull dual
land Man M years hon the data Me Work M accepted by PG&E Al PG&E's request -GP Bill
delvera copy of eery or all original Had Mas, Interna atlw wks, Rats, phonpraphe, rewrtle,
calculations, summands, repots, are records poi and Mkchd In Me course of Me Work
performed urger M IS ConbM
as ,marl me GC -9
Customer Emryy ENiGei Meskr Si Agnicmenl No 4400009395
Lmel Gwemmst PaMeahip Ger erel CoodMiom
NOH OVDSO5 Rev. 0911 AS CMyof Frim
23.0 PUBLIC RELEASE OE RESULTS
LGP, except as resulted by Im'or mutt order, agrees ml b seemed any results Or Me Wmk
WIi fiat povidltg PGflE add Me mar nal sought that reMeatl and a dexrlptlm of the
Publkation M PGSPa paw approval. LGP NrIFsr agrees that no release$"If present any
maMriNti ingsnammw ryWombMhamteddate. Amy public releaseeNlletlaRved9e
PGBE'ssmnma lis DiFtle Wok.
240 LGP'S USE OF PG&E PROPERW
Al seccrde, apart, computer Programs wrilen Procedures and $Iihear d mMrMd. documents or
dela, In µTaMvet form, crossed by PG&E M LGP'a use In Me perlgmdnm W sni under Me
Cornet Mall remain Ole contended pmsrty of PGBE ate Mall be reWmad M PG&E
Immediately upon completed of LGFe use M me perbrtrence of the Wwk df rid rupon Me
rsust of PG&E, subem W eisckvure whine required by Was or court order.
250 CONFIDENTIALITY
In me mune of performing the services under me Contract LGP may lave Gess to confidential
cusb m,, mmmercal or personal erotmamirm matters and eaclks mncemirg.M not Ilmmal
M, Mchnokgy, alternating, considered, business, residual w mmmaddarmg prone mw
Pedi ate customer energy wage and citing dap, xTkh ata owned by PG&E, is parent
compan
r sediments,
MW paNes0',p aesRat peonsftble
, or members of ca. and In Me cusbTy of
n
agreesrotMdisoMsaanysuwlmnMg alinbmiallonerr
OMWw make it coffees to any offer peach, including any athfrale M PGBE Met brassard
M diecloaun xTeaMMtl required by respect
by s w srvlcee Wltlwlll Ma pdorwXkn sporont M PG&E, eubjeG
saw or mud cutler.
26.0 PUBLIC TESTIMONY
It M further amsed between the Parts mal it m UWW by PG&E, LGP Mall pas Je to mnwry
bemwe any defend, ape or loll mud, reguMbry Way many other pude agency M subsperals
any Wok padwmetl ordap, repand, wmeeraM aulghtl M PG&E RsmnabM Masfor such
MMniary, arl be nay taMtl al mal Ome.
21.0 WARRANTY
LGP mansard M PG&E Mat the Work under Me C mdM Mat be performed was Me degree of
9W add care that is aquked by current gond and mute po essional prcceduros end pacWs,
and in conromsrce wAh gewaly moderated pmMuloned standards prevailing at Me tlme Ire Wok
aPa MM m be M phase that Me services Miami ale correct and appmwiea for me
Purpms r:mtempaad In Me Convect and heater stanchness
28.0 INOETINIEICnnoN
28.1 LGP shall irecenvely, held harmmss and defend PG&E, or aMlaM; subsistence. parent
wnpany, Officers, manages, someone, agents, and emgoyas, fam ate agalnat all
calms, demands, Imes, damages, oval expenses, and bahidiry (legal, contractual, or
oNesaet, which aided Mail:
(1) Tnjuryloordae ofyreons, lRUdvgbulm111MWWempbyesof PG&Eor LGP:
(Il) Inlury lel prmetycr other Interests of Pri LGP. or any mlyd party'.
(W) oklai Of local. state or federal=man ax. supM or regulation, including but not
Ilm and W eoNronsai less&Or ragulaadded or
rteri as GC -10
Cpemer Energy Efficiency Master SerNce PgrremerR No. 4,100000395
loa l Government PaMerallP General Calandra
NEMI MIKIfNS Ray. OWIM JIG; City of Fresno
(ivj not Wally Imposed by any In or regulation
rslsal as M Injury vnition, or anew IboiNy, (aa set forth rIn (1)-(Iv) a0ave) arisen hen
Gp
perferrri M, or hlNre b amid m. Me Carltbct, Mnever trial Mnam
Is pee We. several only ouch Ips, Mandan onL ex(nnee, liedliry, eT4 ipbtlhy, or
vlelatlon of In or regulation Met Is ®pe] by ria pgllpance or vMlNl disconduct W PGA E,
IN bMsrq menegare, or employees pervaded nothing handle shat mnapNb a waiver Ey
Qtyafgovemmmblmmuneae IMUUINCallbmia Gmemmwtl eseAon010e ere.
PG&E stns WICiHs Uutyto InUemnlfy, Mklemeniessand CefeMPGBEsm innoway
act balaogale dramas any immunMip available to City wMerme Top Claims M of Ne
Slee a California
381 To the extent appllade, LGP acMrwwledgee bat any dams, demands,bwp, damaged,
one. expanse, end Isis" Met man from or are in any wey command with be Maine or
spin M any legally appneM Iraallous mabnal or seem and arse from or k in any vpy
pnpcbd with the Work elemental under Ur is Control are mlpressy xiNm iia scaps0
this iMMnpy Llkewbe Me rota, expenses, and all llaWlry tar a mnmM l
Irememp tons, mmnming, containment, abatement. removal, repeal random mebmtbn,
remains work pmaAied, and fine mvng from spot IbbnRy or the Vidal of any Itself
slate, a "mI Ian or national aft Mrs hers, dendureemenb, and other respma owes
Ircurred as a deal of such rekpes or spills are expredLy, HMln Me scope Mthis
raemnty
40.3 LGP NO on PG$E'a request defend any newel&m, or suit aepping a claim mveretl
bytheaIMemnlry, LGPslelpryallc andexpman Malmay Wnwrtedby PG&EM
apparel Me morma M/, houses Reasonable avomeyd sea
28A TO MB etlmt Machinry, each Party won bpr Wpry counted In Me national and
exeamp d this COMred.
M.0 INCIDENTAL AND CONSEQUENTIAL DAMAGES
NEITHER PARTY SHALL UE LIABLE TO THE OTHER FOR ANT INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES.
300 INSURANCEREQUIREMENTS
LGP Mall membin Me evening insurers, or sM hese , coverage. LOOP Is also immena Ga
tar Its SutwnlraGOrs melntalning mpntlenl adds of has appropriate hreurance arvemme.
30.1 WorkersCormeaatbn and Samuel Lorldlity
3011 Workers' Commensal insurance or sanJnsurenrs lndke4rg sand lame will
any applinOk labor codes, and, lana a moderns, stab or bdeml, "we LGP
paromu Work
30.1.3 Empbyere' Liability lmyrance shall nota leas Man $1,OOo,ON Mlnjury or tleaM
washe ecWmL
303 Cmnmll General Lia llry
W21 Coverage mall be at lmA as hoed as Me Insurance Servkm Offer(ISO)
Commercial General L'adlity Coverage'dccurrmnro forth, with no demands
tendered
3033 The limn shall not M deeMan $1,000,OOO mach ON aggral
W today Injury. pmpeM Mmage and small injury.
m,me 4,4 GC -11
CUWo EmW EfiWncy Mesbr Sentra Agreement No. 4a0gBW2g5
Lc®I Government Pvbrersblp pm ended CwH1Ame
NOH W03/05 Per.. MKIM JLG CHy MFmsm
3023 CwMares sllall:a)By'AWitunal Insured' wWmbmmnt ase as lnsure0.s PGIE, Its
NMe ,mubsideras, and parent company, and OEM a Maxicare , mRvan.
Spend ane emleoyeea with drape tto lability erelng col d a camRYtl cont lire
WwIt VaRameab`XT Me LGA. (ISOForm CC2010crequiddiamis
seamed). Mbycona tl tComlowing ingerel added
pokey lnWaes a'hWnkd
maasem win Ey wnbad' Me bllowing Irpwge etltlea e d 'PG&firels W
cri coq daddy Meant
company
a ny and Insured mgdrement 'PG&E Id anliates.
maestros
en parent canlmny, dna PGBea ale work.erf n. Means and
LOPlameswithnal Iesundeahinpoutof eln mPerlwmelbyorror tthe
o
LOP am MaNma ssureea under arianrryand orxment':IS)m Be endorses IO
sexily Mel Me LGP's yPG&Enis`unarysitMalmyImumrrmorxlf-
mwmrlce mahlalrw! by PG&E shall nd wnlebM wIM X.
30.3 Buslnms Aulo
30.3.1 Cw 9SMallWallm acbreadas Melmumnm SeNk Olf(ISO)
Business Auto Coverage Mm roASSIN Aufumoblk Liability, code I'" sub'
3082 ThelimkshellrM lmSM $I,WOCWnachv ntbrbWltylnjuland
ap demapa.
304 Professional Lability Irmurmcei
MAI ErrasaMOmmons UablXylnsunnceeppogaabMe LGP'OPofe mI
Cwma3e all be bra prombarael ami ed or omasbn arising out of Me stype
Of services shown in Me Contract
M42 The llmR shellnd ba lmslnm M.W0o00each calM32.000,W0a09rpea.
30.5 Mohamed lnwrarwe Powell
30.51 Bebe Commercial` perfgmence of Work, LGP shall famish PG&E we
celllMsbs Of insurance ant aMtte stent at all atulrea Meadows s br LGP.
30.5:2 The accumeMatiar Shat SIMS that coverage shell not be canceled except Man
MIM (30) days pror wariest nofte has Leen gWen M PGBE.
31 PG&E uses a Surd party vendor, E49 Is. b axti and conduct minimal
rburmena. VeMn and broker Mil be required to regblx as "servka pmvoer.'
Cerlifpres of Insurance and endorsements Men be signed ant submeal by e
cormn auMrv¢ea by that Msa er b Unit cweage on is be nf,, and wbmM
through Me Ega weWia at h11m://pmdl.esiga.mMpge Helolm:1(US) 280-
0178
GeraAo a Holden
Paz?w Gas and Elwmc Company
do Swum
Mlq:l/prcdl.ex9k.wMI9s
364 InanNonaRy removed
W -U UPan mail LOP shall Nmish PG&E Me same evidence of Insurance he flit
Subcontract¢ as POSSE requires of LGP.
W : wumnt eco GO12
Customer Energy Elfical Muter ServiceAgreement No."Olare 5
Lapel Gmemment Permemep General Combat
NOH OIrY6V5 Past 0.001100 AS City of Fresno
31.0 FORCEM4IEURE
Neither PG&E nor LGP shalt M wnskareff In default In Ne parlorm w d its MGgaOore under
are Conb except odgeons to make payments remember ian Work paNOuwly performed, to
the exam that the performance Barry such omlgaUan u awarded or delayed by any W Wer,
basting or towns wnktl b beyand me rcawnabb control of the adynal Party. In the lent etmer
Parry anima mat estimated of Ira abligatwns was pevented an delaym by any uct cause, mm
Pets sail Plwnptty mtNy the other Perry d met No. and of the dimensional pwrenting or
darryingpMamanw. Such Partyanclawal cause -delayed pafOrm3Me31mlM auw,b
the ;stent reaemada, N lemma the obstacles wfieh prediode padormance.
310 HPIAROOUSMATERIALS
Tm California Heats and Salary Cotler r all buaicassa to provicawamings prio to e5wsing
IMHquak to tradedak bled by the Governor as cfemlw4'knomh the SMe of California to
Obtainment bila deteclsormprmucove berm' PGSE uses tlremiwban IMGovxnMa Ile at
manydllshctlAlee. Ineddraw many Ofinesec miw6arepresentMnon-PG&Ew W
kulNes end loc*9ons. Accordingly, In putmming ma Wwk or seNm s cmbmpktW wear Nis
CantracS LGP, iia empbmea, agema, and 3ubwntraUnre may W ems ed to clsmkale on ma
Grvemans let LGP 15 rwpanalbb For herring its employee; mens, and Subconbaclore mat
Werk performed bareueer may result In eryoems to cheniwe on the Gusemor'a Ilk
330 TMWTHHOLOING
LGP repewnb atl wananb mat ttwlll wI1MOW dl laves, X any, adYM we required to be MIIMN
under makethe law with respect t0 payments to persons hired by LGP Mo wrbrm cervices for
PG&E. LGP emit Indemnify and bold PG&E reduced on an after-tax bests, rp any Ibblllty
Imvrretl by PG&E as a disk d LGP'a allure to meatto any such wrylrm wlmmMing.
MID INJURY PNDILLNESS PREVENTION PROGRAM
In the commence dee Work under the Conal LGP ecMow6tlges met it has an etectwe
Injury am Illwea Premnfnn Pmgmm which mss the requlremens of all applicable Lnvs and
rpTuetbns, including but not Gaited to Section M017 of the Crommia Labor Code. LGP well
Onsum that any Subcontractor hired by LGP to perform any portion ofthe Work under this Consul
sballabohmeane elduryandlllm"Pmvenpon Nogram. Hthe LGPhasanyempeyeee
In CMiorne, even tthope employees od not perform Work under the Contract, ma ateched
COMPiilink CertiMa@ (Exact 3) shall be seemed by me person with the auteMy, and
respensiblmy for implementing and adminkr g such Injury am Illness and Preferred Program.
350 COMPLIANCE WITH LIWS
35.1 LGP May comply with all appliwbs Federal, state add loll laws, mean and regularl am
shall obtain ad special Rwrses and peame for May conduct of he business and tlw
performance of the Work called Ind In the Cortina
353 In economics with Sa ain7912 of me Cellbmla Pudic Utilities Code, Cwhetta agneab
moarf annually to PG&E the number of Celirl markets employed W Condor,
calcueastl on a NII-tme onNll-inks equmifint bash who are personally prwping services
to PG&E.
33.0 CHOICEOFIAWS
The Contract shall a Cartel and Inborn in accordance with the ews of to sure of
California. excluding any them of sw rules which may drecf me apolaamn of Me Imes of anetlrer
as molar- 111 GG -13
Coshme Energy Efrlency Mester Service Agreement No.44W00129E
Local Government PeMwMlp General Conan
NDN 04dCal Rev. 0901109 JLS Gry W FRmo
olmumto Anyanlmuersyw Wlmet aAmrh of wlnany way aCe lO VIb COM ourtab
m mMamkebly satlNE xiNwtwurtaWmshall WIltlgeletl inti G19mnla Slater CouRol
mmg1en11unetlicEon', ser iflunsOkYon over Ne c ® be obb & Gi In CaNMnia State
Gwtt, m a FWetal Curl0l compNentluhtlktlonsXuebE in In tln Sbhal iomA.
370 DISPUTE RESOLUNON
37.1 PROCEDURE The Pareses shag attempt In good faith to rescue any retired aMing out of
or hmmhd M MIS Can Wormy by nagotiaWns thermal a VIM, president 0 PG&E or
Msor Mrd iignoMrepreeMta aMenavecu ds lllaraumatltyWLGP. EIthor
Pagfrygive Medhw PaMwMnrwgcedany&RWte.WMIn Ix (20)Oayeaflx
delivery of ak tw1Ma, the SMICLA ils athall meet at a normally acovptable fine also plxs,
and gmyter es often as they tmamlaby real nevesary to exchange informal and Or
sttempl to tads Me of" If Me mate mass hot been resolved wiom Myiy(30)Clays of
the N& maNg. Other Pam my initiate a medamon at Me controversy.
372 CONIFIDENTIAL" All negdlellons and any medialbn conclude]pursueM I cause
re confidential and snag be t aW a rompromse and small magWegomMcn
ns, w
sadbn 1119 of the Caroms Evidence Code small appy and Semon 1119 is incomb eMl
Mreo by Rearence.
37,3 PRELIMINARYINJUNCTIOM NpwNsWnding Nefwegaingpmvimm.o P"mayma
a preliminary injurrokon or offer MONhumal rydical rem" if In me judgment such adiom Is
lea to avdd IneareMe damage or b preserve Me status yw.
374 CONTINUANCE OF WORK Ell Party is rebWred to comms to promm its Odigabme
Under me Cwtad peMltp final realu m of any disputa wri Out of or relaung N dub
Connect
3a.0 NON -WAIVER
The, waiver by amer Ps N W any Meal Jany tem, wvenant or common wMArred M Nle
CwNati or any default in Me parkhmanot Many eb4aalrons a War MM1 Comnay, small ml be
deemed W be a wares Many Other threat Or Mall of the sums or any other term, covenant.
coM'Nmwobllgatlon. Nor smallenywaw Many lncomtNbreal or default wnathotea
wMnu a t welver of Me same.
39.0 ENFORCEgBILITy
In Meeuenl Matanyof Mepmmmwapploafwn Manyofthpmvl of ofMb CDnta am
heptobeillegal wInvaldbyamarlofwmPalenljwWMonDraN r/metl'abr. PG&E eM
LOP shall negotiation eOuMbleedusbmntm MepmN sof Mis CantWwM avimv Mxgrd
effectuating the putsasc MINS Contract 1Te Hal ly Or whe ydty of any at the provems, ar
application of any M Me pmrisiom, or Mia Cwttred will cert afford the o9aliy or enforcabli of Me
remaining poweirms or ap&anon Many W Me promarons M the Contract
a0.0 CANCELLATION AND TERMINATION OF CONTRACT
401 CANCELIATI0NF0RG4USE.
40.1.1 PG&E nay, sets motion, cant or stipend Mia Cormadbtcause mdutling,Wt
NA limited M. Me MLbaing ageratum.
(1) Me hllurs Shall or ineNldy M Me LOS N perlwm Me Work In acmMance
SAM this Contract for ON reason (except as a[2cAed in Section 31 'Force
Majeure')i or
w.waan dx Gc-14
Customer Energy Efficiency Mehr servke gpaeemeM No. 44W000195
Least Government NM hip General Candidates
NOH Ovaill Rev. DOVWX g JL6 City of Frmro
(3) LOP has become insolvent him feilld b coy b dills, or has had Grecks fur
payment of ib bills realm a nam supgipa and suac tinclwa due binaulAciml
fundis: w
(3( a "I actbn Is Maned against LGP *Mich, In PGACs agnlm, may Info m
Mlh the Performance of day Work, w
(4) in PG&E'S bell Me Wnrk we rpt be comgHN m Ne specified I all
PGBE has nauseated LOP hetake slips necessary to accomplish the rpubed
pr ms all coMPARI all LOP pashled to do s.
In admissal PG&E may at Hs option and *thein prefudlw b Ms oNer nights. have
Near And wmPbb 0 w Ivan of the Work using LOP'a supmeM and htilkms al
the manage b peRmm all or part of Me Contact.
40.12 PO&E HII W Me wheal wh er LOP is submanlNM performing Wmk and
eelvks In a¢waenq vdM the spwlRraI'rm. LOP shall to l' able for shat l
=at to PG&E salving own grctllatlm.
40.13 If Ma Connap Is gngled, LOP shell v W Me womeAe but not remse malere{
gan(oreeuipmmt*illwuttlre apgarelol PO&E In Meevenlofsuch
gnmlwlon, PG&E Shell pay LOP for eenicss satanically PeaOrmed pew No the
data dgmentalbn. In No event shill PG&E be Ileblr fur last an anllbp pinna
or wungd on uncompreW Pwtiwre of Me Work My reports. dravnrgs or real
dowmenb prepared M POSE after Me eHc-0rx aa@ of each cancellation shall
M "livered b PG&E try LGP prior b PG&E's real of i6 final Payment b LOP
LOP Wholl ml anter Into any ayveemen s commitments or subcontracts whet
would Mar algnMgnt cancNMlbn cosh wlMwt Prior when approval d PG&E.
Such wnHen approval a a coMNm pregdenl to the peyment Of any can eellaLbn
charges by PG&E
40.1A I-ABOROISPUTE. 10uee nldahMaiwumarsMWLy LGF'sor Mi
subwntabor reempb. anw cM1ealP Nap Novel orcin of Wrck or
PG&Felaborresales, UFS fiftlgruph PG&E'sual the riot mru In Ua
aegllM a poo d PIOhall o ILOPae PG&E annual to su Mee o, itrssticlethe
Work
finally aLOP or l hylrg d LOP'aempbyes, to wapne mdiism se. T Me
Workofthes hsLGP ormyor cancel the or for pose. This
paragraph alall"aPprgde v.MMx m net any LOP or SUManhadw is dilreclN
Imrorred in alsbm alwute.
40.2 TERMINI FOR PG&E'SREASONS: PG&E meywapeM or lerminab Me
Conlrecl, wlMoutcaua end upon wMhn vglgbLGP. LGP Hereupon shall mks
IN Even soonv PG&E
In Me arand ere Mlle PG&E shall terMtominlLOP
IN Uflm against PGi E M Me ed an INhrminaEon, PG&E then dhe ate of LOP
hum fur Me wmPenghon seemed mea Weak OP In ha] in Vro dila d
hmrinaelfn, plus se rl Wany"i tfala LOP Inteipated Pr ibaparetlma
LGPSNIIfidbe shad toany gork.My boar yawl ad pmfih OaoreHsd
an mgmpleMp prior tolls Work.Mya of such
Naminaoralhal dqummls
pwaretl far POBEprat bee releaedMe MaWPayminttionshall be tlellreretl
M PGEE by LOP pM 10 PG&E's rebave of IN final payment to LOP.
410 INTEGRATION
Thus Contract conadfuhs the entre agrsment and understanding "hveen Me Parties as to He
aubjent mother of Me Contract It supersedes all other at conmemparraineyous agreements
commitment, reprs WWns, wrWas,and tl'aassime between LOP and PG&E, wne0wr mal Or
Wallen, all has been Induced by w maresen alfirm statements an a0reemen6 other Men tips
n*1 mumll ex SC -15
Cuebmer Energy EflNuency Master Servlet Agreement Na."NO04295
LpwlG rnrnen Partnership General CwEifwns
NON o1NSN5 Ray. 09Nt109 AS CR/ of Frwro
eryressed renin. Neither LGP nor PG&E shall Ee Eound by any prbr or mntempornreaas
odyatima, mnditinna, warnnrpy or npresentabona wM mapeot to the su0led mattm of Nis
Conal
@.0 SURVNPL
Tile pnWbrrc of the Contact whlon by their ream should su Ma"puaEcn, wn^xlaticn or other
brmlw4m
Of has CanbacS lncluding but nW Hill b enonsons regarding warranty, lndamnily,
wrMdentialpy and avai ability W irlfornesen, shall survive such ezorabir wtlwlletlw or other
lamlrutlwl.
M: mews Im GC16
Mashrsarvke Agreement No. asBBODoggS
EXHIBR1
PGSE'S SUPPLIER OIVERSRY PURCHASING POLICY
DONIRACTOR AND SUBCONTRACTORS OF ALL TIERS MUST COMPLY WITH Pt SUPPLIER
DNERSITY PURCHASING POLICY IN THE AWARD OF ALL SUBCONTRACTS. IDh onlay raqulen
that Woman. Mlnordy, and Disabled Veleten Business Enterprisers(WMDVB6) shal Mare Me maximum
prectltedetppoMnM m parachute N Me peMrmann orWork. r
1. The Cmtr¢Im shall pmvN¢Meach umspxAre Suhanbacbr a copy of MU Exhitat
3. Contractor Melt provide asepartle, ug red BULGMpactirp Milan conalatlrq of a sutgc list of
Submntre iota Mw sag paNcipee M Ne perfmmmro of No Write end a staemanl eMEng
foe Me Controamso 9wb for MOVES euMunU tlrg of IN ters and wrong bed such
addgbaat gad tach eMMs Conbacerand Subronbacbn will empty b intone Me
Pftllpadonof WMWBEIn Meperlmme Wtm Work.
3. No Idler Nan the leofrecon morn, Conleia Shelf wbmX ad aubmntrai spend shoo
i✓ she. and seMce disabled veteran awned supgere direct Payments In Meir
deal subxnlrtors using PGBE'a eleirmic mpwtlng system Icned at
h�/Axa cow goo bNVBrsM c� weMon•
is ToelMMaumrlD,Contr WshdlwbmltarepueivlaemWOMebilcwing
extent wmhbrdiversi momeco
a. In a]dlrbn, W contracts exceeding 16A1 (or $t muton for wnsNrNon contracbl, the
Con"Cof muni cof with Me Pdiry Refunding Utlf Ion of Small Business Conwms and
Small DiNalwnthat Businms Concerns, as dewoed In EMIMt 1A Re SubmnVacong
Pen for Meas wnda ds must lnclW¢ pyAbns for implemenMg Me hems plewoM In
Sol dA
a. Small BusMesa and Small gsedVanfpeE Buelmss SubmnlnUNg Plana are not
required M small bwhea compactors, personal service contracts, cmtracls oat wit
be performed annual outside of Me Uned Sal and as Rm low, or mudlucetons
W loadng wntrxe whin do r M wnfyn wbconpecEng Wemlal.
b. For all PG&E contra, gee Conpagor shag act In accordance with the
Subcontracting Plan In the pafamwnw of Me Wors and In Me avaed of all
Submntrech.
Cm1n010a'S suppller dHanhy su a ontncting goal for Me Contract is 0%.
Connector eon tomo us appear diversity goal as Comrtars aper warn
vented WMDVBE Subamnclors on PGM: Wert under Mis Contract
1 useett a must W ymred Paumm m the processes frustrated In seem 2
LPIIL GrnvalONx t59.
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Maser Service Agreement No. 44010042%
E%HIBR 2
POLICY REGARDING UTHIIATION OF SMALL BUSINESS CONCERNS AND SMALL
DISADVANTAGED BUSINESS CONCERNS
The hilMnng Wky of Me United States eM1aN the mmore l W in May IS ll I al of MIS Contract
a) HIS Me Why&Me United Steles Nrtemall WWness wtwems aid wag business concerns coned
and controlled by wanly am economically disualwaleged Individuals anal have Me m it mum
pr tiraMe oppMunM to Emissions In performing wntrear let W am FaMrel Agency, Induding
mnnxe vq wbwrooms for Subsystems, aeaemblles, wmponerAs, and relived servku for motor
systema ure NMer Ma point Dred wXetl Sussman prime wnVactae aseMan pmmdutesm
re the timely payment wMu
payment of amounts due ant to ue terms artbelr nteam
ce won en
ensure
noncoms MIS small business consul owned and mrsmig l by scclaly and inconsumably
disadvantaged individuals.
b) LGP moreby sJrees W Wrry out MIS We" in Me growing of suMontrace to Me NllesteWent
mrsMent wed evident wnnwt pedminarca. LGP further ageas W com erete in arty SWdles or
wrveys as may be wnd ted by the United! Sties Small Bu4reu MminlS2lbn or the assuming
sl tleuw� United Series as may M marginal W ine the eNent of LGP' a wmplunce won
d) LGP aning In 9wd eitr may rely on written nommor atom by Its subconteUon regal Meir
SW Ws as other Small business concern ora ental Wameal concern mined and connoted W
S Jelq and ewnwnl®Iq disadvantaged mdlvivals2
2 NmwMsending MIs psovlsm of the federal spWN, all WMOVBE su sown dwe must be vemled
pursuant to Me praaedures measured In SeNm 2 of CPUC Gweml Omer 158, as such pmcedurea may
Se emended psomclwlry.
Mester Service Agreement No. 400000QB5
EaMha]
INJURY AND ILLNESS PREVENTION PROGRAM
Compliance Certificate
Tp unOdegmC, Ne Svatainabiliry Manager of
(riterpoaglon)
City of Free,, (LGP). bentry thermal to PG&E as klloas:
(name of LGP)
i. Tbet LGP has an e0eme Injury who Illness; Prevenfon Program wake maeb Wa
requi2ments of all apPFcabk laws and regulators, InGudlw bW not limited to Section 6401.7
of the Caro le Lhrr "a and that any Subcgtttactm hired by LGP W peRamt any portion
of Me WoM uMkr MIS control has an offal Injury and Illness PrevenWn Prc rn., and
2 TNt he or ane Is had person wHh Me authority and responsdislity for Implamentlng and
adminielenng LGVs Injury and 0lneas Merea mProaam.
IN WITNESS WHEREOF, Me undersgrred has Shredded! Mta Cor hence
central
sgrewre
jt jai
Plant Name
Elumplea/CmGx[wwY PRRR t fwlge l albn
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rQsnWnorj, hnMr legal nae). ane PwlM On AM Ela cmmpury l'POSF'I. a OMNwnlewpantlm MN as
stlauarum located at T) Rao Is Stm( San Fmna ,WXwW Mg
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TABLE OF CONTENTS
Pepe No,
RECUESTFORDATA ............... .............. .. ......1.1...37
PUBLICATION OF CUSTOMER INFORMATON ............... ..... ........ .,,.,....... . TB
APPROVALOFMARREINGMATERIALSANOMECIA ..,,__ .2B
CONFlOEN➢NJTY.. ............._28
PG6E PROGRAM MANAOERS
CPUC AUTHORITY TO MOOIFYIREGUTATORT RENEW ...... ......... _..._........ ........... ..... ......
.......... 32
..... .......... _.........
....._...
TIME IS OFTHE ESSENCE....... ........ ... _......_
............. ........,AD
EFFECCVE DAM.... _...__ ... _.
......... ........._......30
NO ENDORSEMENT .........
__. _... 30
..................
................................ 31
CPUC AUTHORITY TO MOOIFYIREGUTATORT RENEW ...... ......... _..._........ ........... ..... ......
.......... 32
CONFLICT OF TERMS ........ ..... .......... _- ....... ...._.
.............32
SUPPDIVERSITY PROGRAM POLICY....................................................................................32
ALIHI
LOCAL_ ......... ......__.
__.. 32
P
PUSEGIRING....PP
SUPPLY CHAIN PROGRAM ___ __..
__,.,.32
WEIRS O
FIINIDITS TO PG&E SPECIFIC CONDITIONS (bbb oiwnknla).......................................................3C
Efnibit A: Ceflnlnom __._ _.. _.
.._35
Eebiblt B: SmPe of WOM1 DeMenbb SUIaU ................. ...............
....... at
Ex C: Program Management Plan._.._ ____. _...
._43
ENhibit D: Allowable GeogreOnlc Areas, 8 Customers to be Sonet by tnisPngrann- ......................
45
Exhibit Program Partkipatlon Agreement Tampere
AT
EMBet F'. LOP AOpoinag Blltirg Rates for Lba ................. .......
...___50
EaMblt G: Imice Reporting fteoulremenb ___.. ..._......... ................51
Exhibit H: Regulatory Repmnng Requirements—
quireme b
Exhibit
Exhibit l: Authomi W Receive Customer lMpmanon _.__._ _........
.....__..00
Exh bh J'. Non-DYcbwre anal Use of Information Agreement... _.. _.
__. _ ee
Eanlbn K'. Computer, CmwlMm. anal Supglew Code of Conduct .......
.......... 55
ExnhNI L. Approval Guidelines kr Tmde riq Trete Namer-ago.
......,.,,.72
Exhmn M-1: Ameaa Agreement for Mpnnorig Epulpmem
...Ta
EahLn M-2: Access Agreement for NoniAmlMng Equipment. _. _......._T9
Page 3 of 77
CNA Numper 2E01
M1(1r01 Neer. rnw Energy Well
2010-2012 Non.UUIKy Energy EKiciency Program
Fresno Energy Watch
SPECIFIC SCOPE OF WORK
1. INTRODUCVON
1.1. PG&E's Energy Watch parership program was approved by the California PUNic London
Commission ('CPUC') by Decision OB -0g-013 and subsequerd Pointers, underwhich PG&E is
mandated W wadi wlih local gowmment endies (each an'LGP') to achieve energy agents in Meir
mi tenitones through Me creation, selection and Implementation of Energy Efficiency programs
Mat will result in increased Customer partiapagon and achieve high Customer wesfac ion.
Furthermore, on Septornia 4, 2008 Me CPUC Issued 0OS09O9 approving the IOU's energy
eMGlency poffaft applicalionsfor the 2010-2012 program eyes contingent upon approval of
PG&E's Advice Lefler.
1.2. PG&E may, in as sale and absolute congestion, reduce or terninare Nnding of any program Mal fells
to meet the objMives set out for resource prowmment or for Customer saturfacedn as determined
by PG&E. PG&E may also, In Re sole and absolute attention, ant hands from one pogrom or
manage segment area to another dudig the 2010-2012 poMono Implementation period to eager
achieve Its reaou is Procurement and Customer satlaactlon objectives. In accordance with PGBE's
Change Order procedures. Provided, however, that prior to taking any action under this Section 1.2,
PG&E will give LOP suf cent and reasonable On Me sole judgment of the PG&E Program
Manager) advance notice R cure the failure noted above. Should LOP all to wrethe fallurewiMin
the time specified by the PG&E Program Managed, PG&E may aMmce the Rome of this Section
1.2.
13. The Grass kW Savings 3,010, Gross kWh Savings 18,140, 000, and Gross Therm Savings (61,NOR
(all such energy savings am hereinafter collectively reamed to as "Program Energy Savings shall
be provident fora Contract budget a$380,000. Theallowabtegeographicafea(s),Customer
market eegment(s), and any other restrictions of MIs Program are eat forth In Smith O (Allowable
Geographic Areas, and Customers to W served by this Program). LOP shall ret be eligible to
receive funds for any energy eRdancy Projects specr cally related to this conned Mat are not
within Me dented geographic areae) or Customer marked segments) without prior armal approval
of Me PG&E Program Manager.
1.4. The Fresno Energy Watch (FEW) is a Local Government Partner of Pacific Gas and Electric
Company (PG&E). FEW will offer a comprehensive selection of energy efficiency programs,
Includingmmprehensiveaudgs,mb ,andreW missimlrgtomunicipalibes. FEWwlllfowa
n ubliarg a lacal-0 on approach of serving ourcustomers. Fresno In the Cenral Valley is
geographically a herd-to-reacb region within the pale. Being a local government, REVD is uniquely
indentured to effectively implement energy efficiency programs throughout Me County.
FEW provides a comprehensive program, offedrg regionally appropriate energy efficiency servess
for all market seldom in Fresno County, unlacing municipal, small business, commencer, and
miden0al customers. These offerngs include direct install and calculated projects, free produd
exchanges, rebates, technical assistance, and educational campaigns.
2.1. Plppmm Mameaement Plan
2.1.1. LOP shall submitto PG&E, a Program Management pan ('PMP') in accordance with Me
requirements specified in Exhibit C (Program Management Plan), which shall include such
d the following as PG&E specRes are applicable to the Program: (a) Implementation
Recent; ', (b) Incentive structure', (c) program dales (d) eligibiPoy requirements: (e) process
Page 4 of 77
(Wamwe- 2eXW176ii
"va,Nara Flare EnrgywtlN
for providing Incentives; (f) IRS 1099 reporting procedures; (g) dispute tracing and
Resolution procedures', (h) Strategic Plan reporting: ant (g eligible product specification a
standards
2.2. E Third Pa lial Coordinated Girl Install ottomans, This Sel 2rZ shotl
semi Man LGP is giciaggirli orad interall proarams with a PG&E Third Party Installer.
2.2.1. LGP shallrmrdWte Gired Install actiamer with a PG&E Tlrd Pard Installer. LGP shall
wale colt the Installer to determine how to meat LGP's energy savings gods by performing
direct Installations in: (a) facilities that are owned aM/a operatetl by local governments,
(b) economic development areas, and (c) dher targeted market as sperihed by PG&E.
Savings from these actMties vnll be munted towards LGP'a overall goals ant mst-
effeGlVeness targets.
2.3. "h lin-Ho Direct Install Programs. TNsSection 2.3 Met apply when LGP is
imillementera is n4boulass direct noted program
2.3.1. Inspedons
2.3.1.1. PG&E reserves the right to conduct inspections M any time and in iia sole
usuadlon to ensure completion of EEM installations by LGP in accordance with
Me Gually Assurance ant Quality Cannot Plan. PG&E shall utllzelhe following
methods to venfy that EEW are installed and operating pmpeny (a) work -m -
progress orafa verifmdon; (b) postinstallation an -she verifcatlon; (c) product
voicse; (d) site Inge tion repots; (e) enginaeNg reports; (f) or other
verification procenures as PG&E may deem appmpnale in no sole dlsc ¢bon.
2:32. Upon PG&E Program Model request, LGP shall provers a schedule list of EEM
Installations refetitq odes and locations.
2.3.3. PG&Ea vel frmtipn, mermaids, and review of the design, canstructlon, operator, or
maintenance of the LGP's installation a EEMs shall not combats a representation or a
confirmation of the economic ortechnical remedially opaallonal npatullty, a rdiabllty of
the EEMa. LGP shall in pro way represent to any Customer orthird pard that PG&E's
verification, Inspection, or review athe EEMs Is a representation by PG&E as b Me
economic or technical feasibility, operational rapaollity, or reliability of such EEM¢. LGP Is
today responsible for the economic and technical hasillity, operational mpatelity, and
reliability of Me LGFs EEM installations.
234, LOP shall cameo any d'maapency between LGP'¢ reported EEMs and the actual EEMs
wiNln fifteen (15) calendar days from Pe date that such discrepancy is repaned by PG&E to
LGP, and shall, wHMn the same time penal provide to PG&E Pegram Manager a revised
report refection the mnrecdons.
2.3:5. PG&EwlllbmmU5%dthesasdmchargeto Me LGP lfmorethan10%al
inspector fail within an Mvoice pence, PG&E will, at its sole OM absolute discretion,
Increases Me number of Impemons and charge the LGP for any and all aedlonal
Inspectors and any re -Inspections of failed Irpeotor by deducting tine cost from Me
LGPs T&M centrad budget. PG&E and LGP may develep alternate inspection procedures
that acmmpllsb the goals of this paragraph.
2.3E The products that LGP Installs and be installation standards shall meet or eeceed PG&E's
standards for similar EEMs.
Page 5 of 77
Imniumi exce B
Pia. K"i sbi Swr ywawa
2d2. LGP shall perform the Natural Gas Appliance Test (NGAT) whenever any Infignsion
retlucirg EEM is installed in a home or commercial apace with natural gas appliances. This
test includes Me test for Carbon Monoxide.
2.3.0. As pad of the Program Management Plan LGP shall submit M the PG&E Program Manager
a quality assurance add quality ventral plan ('Guably Assurance and Quality Control Plan')
in accordance with the requirements of Exhibit C Mat shall Include such of the following, as
PGAE specifies are applicable to the Program: (a) LGP's Installation standards and product
sper:fficatlons for all Legible Energy EMclency Measures, hardware, and quality assurance
procedures; (b) LGP's plan to verity that handlebars are operating propend, including
pementage of Installations to be Macected and name of inspection agent; and (c) dispute
resolution procedures far tracking anti raspond'mg to Customer complaints or disputes.
26. LG nH w Pr ams. Thi II when LGP'
own In-haysre
e Rebate Porams
24.1. PG&E may Wllae the following methods to verify Mat EEMs are installed and operating
properly: (a) past installation on -she varificatlon; du product Invoices, (c) engineering
reports: (d) site inspection reports; (a) or aMo vedficeticn procedures, as appropriate.
PG&E reasrves Me right to conduct as many Inspections as needed to sudden Mat EEMs
are installed as reported In order to accommodate Me inspection process, LGP shall
provide the EEM Incentive and Customer data in the format as speaced by the PG&E
Program Manager, LGP shall ensure that PG&E has full and authorised access to the
Customer skips) for the purpose of any add all recnaary verlficatlon inspections. LGPa
predict and installation standards must meet M exceed PGM 's product and Installation
standards for similar EEMs.
2:4.2 PG&E'a verlficetion, inspection, aMror revive of Me resign, calstruchon, operator, or
maintenance of the EEMs ral aled by LGP shall not constitute any reprecentafion as to Me
economic or technical taxi operational capability. or reliability of the EEMs. LGP shall
In noway replaced to any Customer orthird party that Pi verification, inspection, or
review of the EEMe is a representation by PG&E as to Me economic or technical feasibllity,
operational capability, or reliability of such EEMs.
24.3. If PG81Fs inspection reveals discrepancies between LGP's receded EEMs and actual
EEMs, LGP shall have fifteen (15) calendar days M hawse and resubmd all necessary
Information to the PG&E Program Manager. LGP shell be solely responses for obtaining
from the Customers refund of any overyayment of Incentives. LGP shall hoped the status
of Customer refunds and deduct the refunded amounts from the following month's
expenditures reported in LGPS monlhty report.
24.4. PG&E may Inspect any or all Installations any numberof Mmes at no charge to the LGP.
2.5. Pnivington of Do.dDI0vi This Seraph 2.5 shall apply when LGP is mpermendina
in-
house Rebate Programs.
LGP shall develop a plan to prevent Double Dipping. This plan shall speGAcally address Program
EEMs that are also offered through any of PG&E's other Incentive Programs. LGP shall not provide
rebates for any EEMs purchased by Customer from a vendor, retailer, distributor, contractor or
manufacturer padidpating in a PG&E Inceirl Program.
2.5 1, The agreement (the'Custcmer Agreements under which LGP prowdes Rebates for an EEM
under this Contract stall provide that Me Customer represents, warrants and agrees as
follows:
2,5.11. Customer has not received Incentives inch intudMg tax credits available untler
Me Energy Policy Act of 2005 or Annual Recovery and Reinvestment Act of
Page 6 9 77
MAnumbv Z50J30
R an Xvme. cr®ne Enrrg/w RA
2009) orthe same EEM from PG&E, any Wndr u9llty or from any state orlocal
program at any time cluring the three (3) years viae fistely precedirig the date ot
Installation;
2.5.12 Customer will rot apply for or receNn incentives for Me same EEM from PG&E,
any other uMlty or from any stare, or local Magram; and
2.5.1.3. If a Project often Incentives or services for EEMs for which the Customer may
also be eligible under PG&E's Low Income Energy Effwiency (LIEF) program,
Customer acknawtadges that (a) he or she has receivnd information about Me
free LEE program, (b) he cr she does not meet Me requirements of the LIFE
pogrem, and (c) participation In the Project mayjaoPaN¢e his or her eligibility to
participate in the LIFE pnpram in Me fuNre.
2.5.2. LGP shall retain an odglnzl may of the executnd Customer Agreement for at Wast five (5)
years after the expiretion date of this Contract or Me data of LGP a receipt of final payment
whichever date occurs paler. In add2on. LGP shall promptly mWnit Me exaMe l Customer
Agreement to the PG&E Program Manner Lpon requen.
2.5 3. Nona of LGP, da aucdales or Subcenaactom shall knowingly provide a Incentive to a
Cadman or make any payment to a Subeontri who has received, or Is monfing, any
compensation far providing the same product or aerWc r either through another CalRomia
Pude Goads Charge -fulled program, or through any other funding source unless LGP
Wall the prior written approval from the PG&E Program Manager,
2S. Access
Exhibit M-1. Accae a for Monl Easement antl EdEft &42.
AfceA W Nonfiloribaing Eaunrial
Prior to enterbg any Customer property (except for meetings for the purposes ot marketing or
custamer reauhment) LGP or Its Subcontractor shall obtain an Access Agreement (ExhibB M-1 or
M-2, as appropriate). The original signed Accuse Agreement shall as retained by the LGP for a
period offive (5) years from the expiration data of this Covered or LGPs receipt of final payment
under the Contract, whichever date oceum later, aid shall be provided to PG&E upon squat.
27flespondno to and Trad'm Customer Cmnoldms
LGP shall keep records of all Customer complaints in accerdame with the mechanism deandlred in
We Quality summoner and Quality Control Plan, and shall provide to PG&E a Monthly Report that
will deal such complaints and the Mons taken by LOP or its Subcontractors to resolve ted
complaints. LGP shall retain the records in electronic forth for at bad Ave(5)years after Me
expiration date of the abroad tem or receipt of final payment, whichever date occurs later.
2.8. Customer and LGP "Isclosare Obillumons
2.8.1, LGP shall Madams to all prospective Program par iclpants and Customers, both orally and In
wrong, Mat Cusemarm are not obligated to purchase any same In excess ofthe amount
as funded through MW Program. The ted dthe disclosure must be In both English and
Spanish andlor any other languages as requested! by PG&E.
30.2. LGP shall include the following English and Spanish disclosures text and where appromdds,
other language tri nslaM1Ons, in all written mandate Provided to all proaedive Program
participants and Customers:
'California consumers are not obligated! to purchase any full We service or other advice rot
funded "is program, Thu program Is funded by California utility ratepayers under the
auspice of the California Public UbINa Commission (CPUC)'
Spanish Translation.
Page 7 0 77
MANumM 21001
m,gvn Nm[ Fmw Empywtlm
'Las wnsumMores an Callfomia no eskn oblgadoa a wmprar sarviaw completas o
adkicnotes qua no eaten wbienw but ask pregrema. Este powers ask ion arciado per
Ioe uwancs de servidos Woods an California low Is junedlocOn de W Coronion de
Seri Publices da CalNomi i (CPUC).-
2.8Z.
CPUC).'2.83. LGP may not obligate ds Subconbadors to pay any fere, Inducing trelning, material or
eGWPmend keg, to pargdpate'in gre Program, and shall w InfOfm them.
29 End Date far Died Implementation ActrAtime and Inaunnifive
29.1. Unless the Contend is terminated pursuant to Aride 40.0(Cancellation and Termination
Contrail) of the General Conditions or Sethi n 43 (BWgd AtlluatrnenlslMeasune
Oiaallowarwe/Cadrsd Termination) of Mese Specific CorslNons, all implemenkdon
acdvbks, Including all insWktion adivides and PG&E Incentives andlor afraid trend
prymerss to Customers shall be wmplded no hater than December 31, 2012, unless LGP
Winners prior mitten centers from Me PG&E Program Manager to instal EEMs atter
December 31, 2012. My Installation achni ies approved! by PG&E and completed after
December 31, 2012 shall be subject to has terms and conchons of his Conbad. Final
I for inwntker and Ice dyed inatallatbn is due no later than February 28, 2013.
2.8.2. in Neeventthatthe CPUCdoeend WsusafinaldeciaonbyO mber31.2012forthe
Pmgnem cycle informing the 10-12 cycle, PG&E may, subject to CPUC approval, coronas
this contrad for a period to be authorized! by Me CPUC.
2.10. QpmRWiondC Pd da' 2013 Naft0 bl 1 lr bononWPmmmsI
2.10.1. LGP understands and a&rramledgee Mat the CPUC has suNorixed PG&E, In its wk and
absolute discretion, to assure that Projects as k eflkh a CommMnant esisd but mtfich have
not been installed as of December 31, 2012 may be completed by the LGP dung the
progmm cycle Winning the 2010-2012 program cycle.
2102.
2.11. EnclDideForAdminhustiveAdviles
2.11.1. Subjed b Secflon 2.10.2, and unless MW Cortred is terminated pursuant k Miele 40.0
(Cancellation and Termination of Contract) of me General Conditions or Section 4 3 (Budget
AdjusboenklMeesure Dkallowana fiCanhdd Termination) d these Specific Corrosions.
LGP shall wmplele all administrative adlvires by an later than February 28. 2013, Inclodbg
submission of the Final Forest Thalmod invoice Is due no Wier than February 28, 2013, and
may not Include charges for dined implementation (except as provicled In Section 2.10.2) or
marketing acts Imes conducted after December 31, 2012.
Page 8 al P
MANwo,r waTrW
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2112. In the event that the CPUC does not issue afinal decision by December 312012 for Me
program cycle following Me 2010.2012 Program Lytle, PG&E may choose to continua that
aontred fora obtain period as determined by PG&E and subject to CPUC approval.
212.1. LOP shall submit for PG&E'sreview and approval all technical reports. Technical reports
shall canaNt of wry and all supporting documentation about the EEMs the LOP weed to
attain Energy Efficiency, Supporting documentation shall include infomiation to be specified!
by POSE, such a work papers, Audit calculations and methodologies, Evaluation, Measure
and Verification ('EMAV) or other studies, emitter industry references.
2122. LOP shall include Me Mllcvdng language in all Mchnicet reports
LEGAL NOTICE
THIS REPORT WAS PREPARED ASA RESULT OF WORK SPONSORED BY THE
CALIFORNIA PUBUC Uf1LITIES COMMISSION ('COMMISSION'). IT DOES NOT
NECESSARILY REPRESENT THE VIEWS OF THE COMMISSION, ITS EMPLOYEES, OR
THE STATE OF CALIFORNIA. THE COMMISSION, THE STATE OF CALIFORNIA, RS
EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS MAKE NO WARRANTY,
EXPRESS OR IMPLIED, AND ASSUME NO LEGAL LIABILITY FOR THE INFORMATION
IN THIS REPORT, NOR DOES ANY PARTY REPRESENT THAT THE USE OF THIS
INFORMATION WILL NOT INFRINGE UPON PRNATELY OWNED RIGHTS. THIS
REPORT HAS NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION NOR
HAS THE COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THE
INFORMATION IN THIS REPORT.
2.13. Conflict Of Interest with Polly and Evaluation and PG&E Th'd Paris Implarmenther Paul
Contracts
213 .1, LGP shall rwt ergage In, and shall excuse Melf"m work requests Ifsuch work request will
mate a compact N interest due to LGP's canal related to Implementation under his
Contract or any other contracts that relate to PG&E Third Party Implementer Programs or
other CPUC funded Programa. Furthermore, LOP shall disclose to the PG&E Program
Manager Me nature of any work it has or will perform that b potentially in conflict with the
Workbeing requested. In theavent tMt LGP Is In dou whether Work being requested Is In
potental mold with LGP's olMrwork. LOP shall treat the Information "a mnpid Met
such time Mat PG&E Program Manager renders Is decision on Me existence or nature of
such cenekL
2.13.2. Violation 0Mis Sedon 2.13 sMli M sufficient cause for the conflation of Me Contract
Pursuant to the terms outlined In Article Q.0 (Cancellation and Termination of Contract) of
the Gerstell Considers
2.14. Chance tc Prmram Meawme aha Customer inwMNO Lavas
2.14.1. LOP may not charge Customer Indentive payment structure and Incentive levels structure
without essence notice in writing to, and the written approval of, Me PG&E Program
Manager.
2.14.2 LOP shall not add. delete, or dMrwia amend any Program EEW Widtout Me Prior w sten
approval of the PG&E Program Manager (which may be denied or delayed in the sale and
absolute discratwn otthe PG&E Program Manger). All requests to led! Program EEMs
shall be accompanied with such supporting documentation as may be requested by Me
PG&E Program Manager, including, bul not limited to, work papers, EMSV or other studies,
Page 9 of 77
CAVA I'll 25503 m
arl industry references. PG&E may, In he arta and absolute discretion, determine
whether Me afahmak suppottir9 documentation'a sufficient to support a EEM's energy
savings estimates.
2.112., For all Reuel Program Measures fa which an lncrillve is provided to the
Customer arldlor to persons who install the Nationals). LOP shall adhere to the
Measure definitions and incentive keels as out forth in Me mment Nonmetenfiel
Retro&-OemarM Reaponse(NRRI Pmcedmss Manuel. No variation in
Inceraive levee shall be allowed without Prior Mean approval of PG&E Program
Manager.
2.1422. For all Rearhapmissioning Program Measures fa Mich an Incentive is povided
W the Customer andor k padyliea) who install Me Nationals), LOP shall
adhere to the PG&E Rettocomm esming Guidelines as provided by the PG&E
Program Manager during Task 1 (Set Up Program) tend airy subsequent
guidelines as may ba amended by PG&E from time u time In he sole and
absolute decrelion), unless persons specified in this Contract. No variation In
Immnthe kvals shall be allowed without Me par wnben approval of PG&E
Program Manager.
2.15. Pro eass Identified Before Program Launch N fire Install ProleGM
215.1. LOP must receive tram the PG&E Program Manager Mal approval for all Legacy Project
payments associated wlm Projects Mat ware klenikd anchor some Project analysis
completed by LOP or another person before Program Launch. Legacy Projects are legible
for payment by PG&E only under the following conditions'. (e) the LOP centdDued to the
Customer's ch dslon to act (b) LGP's mntdbueon to Customers dedslon to ad e
documented! to PG&E's seta satlefacloon; and (c) LOP did not receive ppyment for
erglneantg studies or other work that was Performed prior to LGP's involvement In Me
Protect or for which LOP has resetveil compensation through other means.
2.15.2 Men faogram cocri inabon agreements have changed such that a Legacy Protect with
which LGP is wadeg is no longer within Were Eligible Customme ore described In Front G
(Allowable Geographic Neas, and Custors" to be Served by the Frogman).
2152.1. LOP shall confine to work on Legacy Projects far which LOP has obtained
PG&E Program Manager approval, or
2.15.2.2. If LOP has nal obtained PG&E Proprem Manager approval, LOP shall Intorm the
Cumamer of the charge and shall cease working on the Project Immediately.
LOP shall submit Me Chxdomm name and a brief Protect description to the PG&E
Program Manger within 30 days of the execs lion of Nis Counted for detrdoution
to the appropriak Impermner.
2.15. Premiere Customer Payments to See Gastrulation Customers
2.16.1. LOP shall net pay any Customer Mal generates he own power make rtleeGenemeon
Customers-) any Incentive payman s for energy savings Mal exceed the annual anergy
usage by the Customer ea provided! by PG&E.
2.1611. KWh, kW and Menet savings are lMked to the previoue 12 months quantity of
kWh; kW, anchor therms purchased from or de! erect by the ulify on the
mekr(s), serving the equipmentu he installed, lorwfiich the MiIM mlleck the
PPP surcharge. The prerricus 12 months are defined as Me calendar year pylar
to the date the customer wbmled the application to the Impkmemer (inducting
Page 10 of 77
pVAllon a i5n0]01It8
PI[9ivm len¢ Fm,w Emidell"
usage from Standby SeMpo and was swings assodaled with pending energy
elacienry applications).
2.16.2. PG&E may, at as decretion, change Me policy and requirements for Customer InceMWe
Payments made to Self -Generation Moral Wi thirty (30) dayswritten notice to the
LGP.
2.16.3. Energy swings for which Incentives are Pad cannot exceed the actual usage provided by
PG&E. Said energy swings are the total for projects indalled through all Public Goods
Charge-fundetl Programs inducing PG&E, thiraparty Implemented, and other local
gwemment PeMershipprograms. Non-Nilityaupply.suchasc onera0onordeliverlea
fiam anotharcommodily supplier, does not quality as usage from PG&E (with the exception
of Dred Access dutomem or customers paying departing load less for sl the unity
collects Public Goods chargee).
217. Evaluation. Meagre and VerircaEan fEi
2.17.1. LGP wall comply with all CPUC directors regarding Program EMBV and must &dfill all
EM&V adweN as maybe required by the CPUC. RG&EwO nM pay incremental costa
auodated with any CPUC EMBV activities.
217 2. If required by the CPUC to support Sol adivitles, LGP shall cooperate fully with the
CPUC EMBV oormal and subcontractors and provide ell requested informal H any, to
wears the timely completion of all Plan tasks requiring LGP involvement or cooperation.
2.17.3. LGP shall cooperate with any PG&E-adminiwered process evaluation or review. LGP may
be reimbursed for reasonable cosU a"odated with PGBE-administered process
evaluabona during the wMmd pedormanca period. PG&E may review antl negotiate wllh
LGP as needed to finalize any propose walustion scope and budget, and amend this
Contract as may be required in woonc nca with PG&E's Change Order procedures.
2.176. For EMBV efforts or any financial or Operational full LGPs shall make available to PG&E,
upon demand, full program descriptions, detailed description; d data hawing systems.
hweline conditions, and detailed paNdpaM data including financial assistance amounts.
For EMBV reporting. LGP shall use definitions of terms supplied by PG&E (Inducing,
withrmit firstation thereto, definne s of residential, nORRadenlel, nerl.
2.18 Lbst ofC Eysitandon Measurement and Verifflassion information In Reporting Propmen
SOVrga' Cwrersbe of Green Attributes
Outing the course of Contrail implemeretwon. PG&E may (but shall have no odgatum td,) dandify
navy energy savings estimates, net -to -gross repos, effedM useful lives, or order valued that may
atter Program Energy Savings. LGP shall use modlAed veto" upon PG&E's wrgen request,
provided! that PG&E modifies LGP%Program budget sell overall Program Erogy Swings
consistent with PGBE's requested change. My and all complian s caligation relating to emissions
Of greenhouse owes Or avoidance of emission of greenhouse gases reta4eg to the Contrail
implementation shall remain wllh me many or entries responsible ler such compliance.
2.19. Rg om
2.19.1. Required Rii
2.18.1.1. LGP shall submit to PG&E for PGl review and approval, ail Required Sol
specified in Et hlbR G (Invoice Reporting Requirements) and in accordance with
the due dates listed In Sel 2./g2 (Due Dates for Required Repads) and
Page 11 0 TF
owerki coal
Pppem rare: have aural costo
upon PG&E's request, any supporting documentation and additional Information
applicable to Required Reports.
2.18:13. "wastrel w steel by the PG&E Program Manager, LOP shall also submit reports to
Me CPUC in accordance and; CPUC reporting protocols.
2.18.1.3. LOP hereby a&norAedges and agrees Mal LGPs obligations under Stolon 2.19
is a condition to PG&E'a obligation to Pay LOP in accordance wMh Section 4
(Payment Terms). 0 LOP falls to provide timely, accum a and complete reports
and supporting ducumentatpn, to PO&E'a saNfedion, PG&E ourselves the right
N withhold w reduce Payments to LOP.
2.18.2. Due Dates for Required Reports
Report
Uur Dab
Frequency
MaMNy RepodaAmmitt9
15e stay of each month
Ongoing throughout
folluMN Me reporting month
IengNMmntred
Quarterly Rogers
45 calendar days after the and
orril throughout
ofeatlrwartw
length M commaM
tonal Reports
Duo by March 314 M each year
Take
2011 and 2012
final Ra rt
February26, 2013
Once
2.192.1. LOP shall deliver all Deliverables at the times specified In Exhital B.
2.20.1. LOP Mall comply va l all CPUC regulatory reParting requimmens(without limitation
Thereto) by providing PG&E with retained! data in a formal suitable for wbmleal to the
CPUC. The regulatory reports shall contain all IMorma0on and ho in any farmer as may be
required andtor modified by the OPUCfmm tune b time. Currant regulatory reporting
requirements are shown In Exhibit R (Regulatory RepoNrg Requirements), wTich Is subject
to revision at any time by Me CPUC.
2202. Cost allocation Methodology. M requested LOP shall provide to PG&E Progrem Manager,
Information perlslnMg to the calculation or allocation M cams specified in LGP's reports.
LOP shall make changes, consistent whin Me budget format and deflnilions approved by the
CPUC.
2203. subcontractor CosNAM'rvbies. Suboontractor costs shall be reported In the format as
specifred by the CPUC and shall bas In compliance Me reticle 6.24 .2 Mine General
Cpnditlens.
2.20.4. Labor. For each ofthe CPUC repoding categories (Mministrafive, Meditating, Direct
Implementation, and EMi if applicaGe). LOP shall provide a list of names of Individuate
with Me coneaPoltdirg total number of home worked by each individual during the month
2.21. Invclra antl 5 Documentation ta' Recuiummorm
LGP shall provide all suppmrtirg cowmentatio nested to substantiate Cataract expenditures
nvMra requirements am set foto in ENIibG G (Invoice Reporting Requirements). PG&E may (but
shall have no obligation fo) modify said requirements from time to time with Input and consents M
LGP, LOP shall aubmM Project and EEM data electronically each month. That specific format and
detailed data requirements shall be consistent with PG&E's program data requirements
2.22. Record Pearl
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Pro xm.: ararm BwgyMucA
2.22.1. LGP shall Wain Records relating to the Program for at least five (5) years after *e and of
the Contract term orfom receipt of final payment whichever date "was later. These
Records shall be kept in a logical order (chrdnologlcally as a minimum standard) and shall
remain agible, readily denlMlable and retrievable during the retention period as edged
amain. LGP shall provide Retches promptly to PG&E or PG&E a designee upon request or
in connection wet any financial or operatrorel audit
223. Dermind-Slicle Management =M) Cogirdinawn and Integral
2 23.1. Coordination Mh C*er Energy Efficiency Programs
223.1.1. LGP shall cookanale its efforts wfth Other Energy Efficiency pogroms In PG&E's
Service Area. -GPs coordination rude Integration requirements include, but are
not limited to, coordlnatlan with programs Implemented by PG&E, Hurt partes
contrectetl by PG&E, and other local gowmmant padnerships, as wall as
progromstmgeting law -Income Customers. LGP undervalues. adcnowtedges
and agrees that the purpose Mauch coord*ahen and integretron Is to enhance
consistenry, in program offerings, where applicable, and to minimize duplicative
administrative and marketing case.
223,12. Outing Are performance Mthe authorized Work. LGP shall not tree* Market
Banners or Lost Opportunities for other program LGN. If PG&E tlelmmires Ann
LGP'9 program might create Market Berries or Lost OpporlunlHes, PG&E will
discuss its concerns with the LGP and LGP shall work with PG&E to develop and
Implement Program changes that minimize Market Barders m Loot Opportund*s.
2.23.2. Coon inaGon wide PG&E Codes and S*ndards Program
2.232.1. If PG&E Identifies Codes and Standards compliance ani enhorcement activities
that may he appropriate to Incorporate into LGP's Program, LGP shall work with
PG&E to incorporate those argiftes.
2,23.22 If LGP plana to dotage In Ccdes and Standards complla roe ani enforcement
acdMles, LGP shall work wl* PG&E to Identify approaches that *vmage the
vrork M PG&Ps Codes and Standards program and avoid duplicative activities.
2.23.3. Coordination With PG&E Emerging Technology Program
2.23.3.1. 1f PG&E Identifies Emerging Technologies that may be appropriate to incorporate
into LGP's Program, LGP shall wad vMh PG&E * im rMorate those EEMs form
PG&E's Emerging Technology Program and shell work wfh PG&E * depth
approval of the newly incorporated EEMs. LGP shall update all appropriate
Program makings accordingly including, but not kmNed to, the Program
Management Plan.
223.3.2. If LGP identifies Emerging Technology measures that LGP wishes to incorporate.
LGP shall work with PG&E to aloin review and approval M new measures.
2.23.4. Coordlnaldn With low -Income Programs
2.23.4.1, This Bestion applies only to authorized Work relating to Measures and
Customers included In PG&E's Low -Income Energy EHsiancy (LIEF) Program.
2.23.4.2. LGPa whose authadzed Ww includes Measums thet em aka included in
PG&E's LIEE program shall Inform Customers about the LIEE and CARE
Papa 13 Of 77
LWAlrxnlav Malcolm
aa9ren ane: iigrp Erciq WeW
programa, Including eligibility requirements. LGP shall miflrm whatlmr
Customers understand K they are eligible forma LIEE or CARE programs. LGP
shall Made such Customers with written information about LIEE and CARE
programs. Including ways to participate and contact intemetion.
223.5. Integration WO Other PG&E Programs
2.23.5.1. LGP shall work wind PG&E to provide a comprehenslva iMegretal solutions
approach to maximize resource efficiency by promoting other PG&E programa
aPPIkadi to LGP'e targeted customer segment Including, but not limded to,
Demand Response, Distributed Generation, and Climate Smart Programs.
2.23.5.2. LGP shall Promote OSM integration and cowJnal by using the following
stratai whenevor Poesible: (a) integrated markMing and outreach; she (b)
integrated education and training
224. Program Limited W Servirz Teardarry
224.1. LGP shall ensure Mal Program funds shall only be allocated as follows.
2.24.1.1. The Program fumis must directly berrefit the Customers In the PG&E Service
Area from which Me Pudic Goods Charge funds were collected.
224.12. Natural Gas Measures, and related Audit activities, to W financed with only gas
Public Goods Charge funds.
22413. Electric Measures, and related Audit activities, may only be financed wth electric
Public Goods Charge funs.
2.25. Cerin Tax Maaere
2.25.1. LGP, or rte Implementer, is solely experience for the preparation, resource, and filing of
Intent Revenue Service (9RS-) Form 1 M (or any equivalent or successor form
Promulgated by Me IRS) to report all nonemployee camperuetion paid to Customers, whlcli
may be in Me term of Incentives or Rebates. LGP, or its Implemerder, a solely responsible
for obbmirg appropriate professional entries relating to filing obligations won Me IRS awl
other taxing autborbies.
228. Conbatlw ConsfUltant and Sablater Code of Condu
2.261 PG&E Is committee to conduat business in an ethical manner and seeks to achieve this goal
through full compliance with ell appmcable local, atone and federal laws, mgulatfors. and
goverrmera policies. LGP shall abide by the terms of Exhlet K (Conlredw. Consultant, and
Supplier Cede of Conduct). LGP shall extend Masa maintenance to any and all
subcontractors used to ceoy out its obligation under Mie Contrad.
3. SCOPEOFWORK
3.1 TASK 1—SETUP PROGRAM: LGP shall attend meetings forthe purpose orandming and shall
develop all necessary materials to launch anal implement the Program.
3.1.1. Attend Program Kidi Meeting. LGP shall attend a Program kiQaff meeting with the
PG&E Program Manager and other PG&E staff, as necessary, to discuss program logistics.
marketing coordination, evaluation, moniladng and verification coordination, Invoicing
requirements, scope of work, and any remaining contraduel Issues.
Page 14 of
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eee7n rvm.. snwe an.ey wren
3.12. Program Data, Invoicing, ndl Reporting Training: LGP shall attend workshops as needed
Met aovide training on the use of PG&E's data reporting System, as described in Exists G
(Invoicing Reporting Requirements) and Section 2.21 (Imoice and Supporting
Documenteddon Requirements),
3.1.3. Invoke and Reporting Tools: LGP shall prapem templates for the monthly entering
requirements Eescribad In Exhibit G (Invoice Reporting Requirements) and Exhibit R
(Regulatory Repme Requirements) In the format specified by PG&E Program Manager.
3.13.1. Deliverables'
3.13.1.1. Draft Monthly Report Templates
Dues Data Mum 30 calendar days of Contract execution
3.1.3.12. Final Monthly Report Templates incorporating all PG&E Program
Manager Comments
Due Date: One week following recalls of PG&E Program Manager
commands
3.14. Detailed! Schedule of Activities: LGP shall develop and submit to PG&E Program Manager
for review and approval a detailed schedule of advhles and a monthly work plan that
wMomis to the Implementation timetable as set out in Exhibit C (Program Management
Plan).
Upon PG&E Program Manager'a prior waritten mppmval, adlvhles may be added and
stletlulas may be adjusted after the Program is underway, as near opmoduntaes am
identified andlor basetl on average Customer response time for Project Commitment and
installation:
3.1.4.1. Deaverabdas:
3.1.4.1.1. Draft Schedus of Program adrvilias and monthly wont plan
Due Date: Within 30 calendar days of C Irwa execution
3:1.4.1.2. Final Schedule of Program activities and monthly we* plan
inoorpomting all PG&E Program Manager Comments
Due Date: One weak following receipt of PG&E Program Manager
comments
3.1.5. Program Marlamng Plan. As partof the Program Management Plan, LGP shall develop and
to performed and an associaned gmeline, a description of the Program
and content (if applimde), a d"e ipton of how Me LGP shall Involve
d representatives, third path programa, trade ease and other resources
tgram, and a desrnption of how Me LOP shall marked the Program In all
invent by Me Implementer as described In Exhibit D (Allowame
and CustomersW be Served by Mu Program). A marke4ng handbook tc
LGP In appropriate marketing acdvlfea will be provided by Me PG&E
and shall be adhered b by LGP to the extent deems reasonable by the
3.1.5.1. Delivemblee
3.1.5.1.1, Draft Program Marketing Plan
Due Date: Whin 45 calendar days of Conhad execution
3.1.5.1.2, final Program Markeding Plan incorporating all PG&E Program
Manager Comments
Due Date: One week following receipt of PG&E Program Manager
comments
Page 15 a r
LWP µmet mKi MB
enwan ate.. neon., Enivrwem
3.1.6. Program Marketing Materials: LOP shall develop ON Surma to the PG&E Pmgar
for review and approval all Program Marketing Materiae, as described in the Med
and approved by the PG&E Program Manager. Program Marketing Materials may
but am not Ilnu ed to, Program descriptions, Web shelf), fact Sheets, emchures.
edvedisemene,
Will yresentationa, NEW CO IS l material, ON or Other mark
related materials. LOP shall create and use to promote the Program Marketing Me
that c0 -mal PG&E In acmrdance will Exhibit L (ApProvat Guidelines for
Trademed/fraEe Nami Use In Co ada4rg AcVritef) and the Co -Marken
Reference Materials created M Me PGBF Mrmudinn nnn,mn,l I f2 ;nae conn
Incmisomm new claims. In the cava of preemptions, LOP shall develop In this Task a
template presentation which shall be customized for each target audience or other marked
actor as reorchary throughout the coupe of the Program. Al Program Marke&g Matelals
Shell be approved by the PG&E Program Manager and In conformance with the approval
requirements as set froth in Exhibit L (Approval Guidelines for Trademadrtrade Nameul-no
Use in Co -Marketing Adbdleal PG&E Web site linking guibellres, and any additional
marketing guidelines as prowsed by the pil Program Manager prim to any dlsMbWcn,
circulation, or publication.
3.1.6.1. Deliverables'
3.1.6.1.1. Drafts of raw ON revised Program Marketing Materials
Due Date: One month prior to panned distribution to target
audience, and ongoing as new or revised Program materials are
developed during Program implementation
3.1.6.12. Final copes a new and mAE M Program Marl Materials
incorporating all PG&E Program Manager Comments
Due Dale: One weak fnlbwing receipt of PG&E Pragmm Manager
comments
3.1.6.1.3. Draft of Program wbb;ge comem revisions and planned adddi0re
Due We: ON month following acceptance of Marketing Plan by
PG&E Program Manager, and ongoing as new or revised content is
developed during Program implementation
3.1A A. Draft ot ColAarkating Program materials
Due Date: One month prior to planned distrbution to target
audience, and on-going as new or revised Program materials are
developed during Program impWm ion.
3.1.6.1.5. trial ropy of Co-Markating Program materials
Due Date: One week fallowing PG&E Program Manager comments
3.1.6.1.6. Drag of and materia s (coned information, summary of wo*
beformed, and pnocedum to resolve issues)
Due Deer Wath W calendar days of Contract execution
3.1.6.1.]. Final copy of exit his eriess (conduct infonnagon, summary of work
pedmmed, and procedure t0 resolve Issues)
Due Dale; One week following PG&E Program Manager commend;
3.1]. Program Coordination and Integration Materials'. LOP shall provlda PG&E awrltendescription
Of Its Pegram suitable for distribution by PG&E and other DSM program Impementem to inform
potential parladpane, including low-income paNcipants, 6 applicable, Occur LGPO program.
Adds Tonally, d cooNlnMing with Other programs, LOP shall subm6 a the PG&E Program
Manager a flat m Measures that requlne wortleabon with Low -Income Programs, and a
Coordination Plan for ensuing compllance win this sachon.
Deliverables:
3.1.7.1.1. Draft Program Description
Pope 16;I T1
MAaumMe 2900NIM
P ,4,,w Agnn Enew Walsh
Due Dare. Whin W calendar days of Contred execution
3.1.7.11. FMal Program Description incorporating all PG&E Program Manager
Comments
Due date: One weak following recaps a PG&E Program Manager
comments
3.1.].1.3 Draft Coordination and Integration Plan
Dial WMinWcaWndardepOConbactexecuton
3.1.7.1.4. Final Coordination and Integration Plan incorporating all PGM
Program Manager Comments
Due Ones: One week following mal of FG&E Program Manager
comments
3.1.8. Program Ccoumema: LOP all develop all documents necessary for impbmentagon of the
Program. Program documents shall include, W are not limited b, a "ram Management
Plan as special in Exhibit C, and Including a Quality assurance and Quality Control Plan,
and all Program fume such as Acwsa Agreement, Program Participation Agreement. Field
Verification Form, Customer Feedback Surrey, and Customer Service Log,
3.1.8.1. LGP shag submit a0 documents related to the Program to the PG&E Program
Manager for review and approval prior to any dietbution, tlrculalion or
Publication.
3.1.8.2 Dellverables:
3.1.8.21. Draft Program Management Plan
Due Data Mhm 45 calendar days of Contract exewgon
3A.8 2Z Final Program Management Plan incorpoalirg all PG&E Program
Manager Comments
Due Data One week following receipt of PG&E Program Manager
comments
3.1 a 2.3. Draft Program Forms
Due Dat: Will W ca imcar days of Contract execution
3.1.9.24. Final Program Forma Incorporafing all PG&E Program Manager
Comments
Due Dab: One week following headed of PG&E Program Manager
comments
3.2. TASK2—LAUHCHPHOGSAM'. LGP shall laurcdthe Program by providing informalon and
training to PG&E'a customer field represemmNes and by alerting the approved Program marketing
campaign.
3.2.1. Program Information: LGP shall dewsop and provide to the PG&E Program Manager for
approval a PowerPoint presentation, and questions and answers (C&A) document which
crescent information about its Program.
322. LGP shall work won PG&Ecustomer field reprasenbttl to create an energy management
strategy best suited for Customers nestle and shag ensure Nat Customers are more arM
untleratn l Me benefits of the aposeethe PG&E and LGP Program offerings and other
third Paris services that are avallable to Customer. The goal of the W iaborafive effort
between Me Pxdlea Is to minimize Customer confusion regarding the various program
offerings.
3.2.21. Deliverables'.
3.2.2.1.1. Draft Program PowerPoint presudatien, QU document are any
other informational documents featured by Me PG&E Program
Manager
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Pmanm Win,'. From Emry/ Wswr
Due Dale: Within two wreaks of receipt by LGP of templates from
PG&E Program Manager
322.1.2. Final Program PowerPoint presentation, Q&A comment and any
other required Informational documents incorporating all PG&E
Program Manager Comments
Due Date: Gne weak following receipt of PG&E Program Manager
mmments
3.23. Training: LGP shall Musca Program training to PG&E's customer field representa0vee
either sea a PG&E -e rtaillahed Webwst a In person at a PG&E fatlll as determined by
PG&E Peal Manager. LGP shall develop and submit to PG&E Program Manager for
revlew and approval an agenda of the Program training event. For Me training, LGP shall
Me Proigrem Inf lmomon preeentdeon(s) and documeM(s) developed In Tesk 1 and as
requested by PG&E Program Manager. &padfc ponds a wnlacl shall a established and
additional discussives and training Mail a offered throught" Me progrem cycle as deemed
appropriate by PG&E and Program staff.
3.2.3.1. Deliverable;
3.2.3.1.1. Draft ageda for Program Veining award
Due Date: At least one week prior to scheduled Program training
event
3.2.3.1.2. Final agenda for Program amusing event Irhoorporio ng all PG&E
Program Manager Comments
Due Date. Two business date following rewilat by PG&E Program
Manager comments
3.2.4. Implement Program Marse ng Campaign LGP shall wry out Me marketing wmmign
based on the final Marketing Plan. All marketing aatNetiss shall be cmrdiruded with the
PG&E Program Manage, LGP shall natty the PG&E Program Manager in will prior to
implemen ring the approved Meketirg Plan and shall coonchnote adtrvtles with the PG&E
Program Manager, as appropriate.
3.2.4.1. LGP shall work closely with PG&E s staff during Program launch to ensurea
nelstent and nonovedapMng approach to customer marketing and outreach.
LGP shell review is inhul Customer tagat lie and work with Me assigned PG&E
customer field representative W Identify Me beat meahWology d pursue each
targeted Customer segment within his car her tyhedudion and to conduct a
coodlrwtetl outreach Mark ased on the relationship between Me PG&E sMfi
member and LGPe team.
33.4.2. LGP shall mnmue to revive and produce new Program Markmeng Materials and
verb site contend ass Medley to effectively promote the Program, and shall obtain
PG&E Program Manager approval on all new Marlu eng Materials and web she
content odor to distribution and Puri ing.
3.2.43. All Program Marketing Matenals and activities shall adhere to the guidelines set
forth In Exhibit L (Approval Guidelines for Trademark?race Nam%Togo Use in
Co-Marketeng Ap1Wea3) and any ria l mmketmg guidelines provided by the
PG&E Program Manager.
32.44. Detverahles.
3.244.1. Wined mtihwan of plane the Implement maketing wmwign and
related coortlenafion plans
Due Date'. After approval of Marketing Plan and at least one week
prior to implemendall of the misleading campaign
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3.244.2. Copies of new Madrefing Materials and Web site conlen,as
applicable
Due Date: Included with montMy reports
3.3. TASK 3- ENROLL CUSTOMERS: LGP shall worst qualified Customers In the Program and delher
prliminary services in order to achieve iretallation of Energy-EMdency Measures. Each potential
Customer shall ba screened and evaluated to ensure Mat energy effidency opportunities are
Identified and that to Customer has the means, motivation and Intent to Metall eFdency measures
Mat will bad to brag -hand draggy savings. LGP shall ensure Mat Me Customer meets all Program
eggibilty crileria.
If LGP must acetas Customer facill in other to parrorm Program services, LGP shall obtain an
Access Agreement, as described in Sectbn 2.5 (Access Agreement (ExhlNt M-1: Access
Agreement fa Monhalrg Equipment and Exhibit M-2: Access Agreement for Non-Momtorirg
Equipment)) signed by an demanded reprasentadve Mthe Customer before LGP may enter
promisee for the purpose of perfomgrg Program services.
3.3.1. Perform Preliminary Program sendms
Upon completion of Ma Access Agreement, LGP shall determine which Program services
best meet the needs of Me Customer and advance Me goals of the Prgmm. LGP shall
recommend Program services and shall keep PG&E regesentatwe(s) engaged m or
informed about Me services provided and Me status of Program activlbes specific to his a
her assigned customers, as directed by the PG&E Program Manager. Prior to conducting
energy audits for large facilities (500 kW and above), written approval is needed nom the
PG&E Program Manager.
Preliminary Program serums include but not Ilmded to:
• A targeted or comprehensive facility assessment to sandy oppoduniflas throughout the
facility. By rviewirg all Me systems, LGP shall ensure that Lost Opportunities are
mMimbetl.
Design andfor technical assistance to present the portill of measures available under
•
the pregmm and help Customers understand hew equipment modMCMbas can save
energy as wall as address key confacerabons
Relerral to other PG&E ofietlngs, Including Demand Response programa and other
complementary energy eMce cy programa.
• Novel Energy Efficiency Clio andfa educational handouts on installed measures.
33,1.1. Delivembtes(per Pmlect)'.
33.11.1. Copy of Audit Rapod, included in Monthly Rel or as requested by
Me Program Manager
Due Date'. O"oing through Program cycle
33 1 1,Z Track recommended measures not Offered by LGP, refepats to
Other programs, and description of customer influence to install
recommended measures in monthly report
Due Date'. On -gong through Program cycle
34. TASK 4- INSTALL ENERGY EFFICIENT HARDWARE AND PROJECTS: LGP shall work closely
with Ibe Customer and an installation vendor to ar sure Project is Installed according to Me agread-
upon earl As a Prosed Is being installed LGP shall provide bordello oversight at the Customer
facility, to ensure all equipment bard Installed meets the design specification and other installation
cresta we met.
3.4.1. Deliverebks (per RalM1:
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Piaann x.,,. F,®m Enwashii
3.4.1.1_ Project Completion Repo 1, copy of Incentive check, and all other required
information as indicated M Task 5 below.
Due Data: Ongoing. throughout Program cycle. See Program Implementsbon
Tlmdable in PMP for protected installation schedule.
For LGN with In -House Programs'.
Pnorto the Irotallahon N any EEMs, LOP shall require Customer to sign Program Participation
Agreement as dissented! above In Task 3. No Program installations shall open without such a
signed PPA LOP shall deliver Program Elegy Savings through the ins UMion of EEMs speed
in the PPA. LOP shall oversee is scheduling and Installation call such measures.
3.4.2 ProjectInetallation: LOP shall and; closely wtt the Cwtomerand an installation vendor to
Mature Project is mat filled according b the agresd-upxl timeline. As a Protect is being
instalbd, LOP shall provide pedgdlc oversight at Me Customer facility M ensure all
equipment being installed meets the design spermcation and other installation colors are
mail
3.63. Marathons: LOP shall verify that all Program Measures speclflec In the PPA have been
installed per Me Program Management Plan in accordance with the approved Quality
Assurance and Quality Congp Plan and that Projects are connectetl according to Frogman
requirements. LOP shall Forlorn or cause to w performed by Its aeleted Subcontractor a
counsel installation vedficatlgn of Me target uciity(iesj Including an evaluation of all
Installations, and shall provide and deliver an analysis of the finings to the PG&E Program
Manager'Idontifying Me Program Measures Inatalled. If the conditions idi iwu, LOP shall
revise Me energy savings calculation. If equipment meaning is required to support the
savings calculations, LOP shall not all equipment needed to calculate the anergy savings.
Upon completion of each inspection LOP shall complete a pool Ve feation Form.
3.4.3.1, Detverebbs(per Project:
3.4 3.1.1. Field Verification Form included in Project Completed Refund, an
described In Section 34.5 ease.
Due Dau: Crgprg, throughout Program cycle. See Program
ImVlemerdetion Timetable In PMP for projected Installation
schedule.
34.4. Remedy insinuation Issues: LOP shall promptly remedy all iretallabon problems that may
arise. Upon completion of Measure Installation, any discrepancies between Me equipment
installation documentation submitted and Me ensue verification stall be recorded by LOP. H
equipment Intellect does not meet equipment epecpcadon standards required by Me
Program or was improperly our pamally Imtalled, oris whereas not functional. such
equipment is disqualified M an Incentve. In such rases, LOP shall provide Customer a
wrtaen notice expanding the discrepancies found. The Customer shell have 30 calendar
clays to resolve any issues and reschedule an inspectionIf upon further impaction, the
equipment is found W comply Who Me necessary seecdications, the qualficatlm of the EEM
shall be relmeted. If upon further tnspectlon, Me equipment a still net found to comply and
the necessary specitcamin , those measures shall no longer be eligible for Program
ncentive(ef, and Me LOP shell provide one Customer wet mitten notification of this. If
discrepancies between the Imullatiw dwumentation and this were ventilation Involve Me
number of units Insulted or differing efficiency ounce that may Still quality for an Incentive,
the final Incentive shall be recalculated using the values of the qualifying equipment in the
event of a Customer compaire LOP shall address and document Me complaint as
described in Task ] (Address and Rasolve All Customer Issues).
3,45. Payment of Program Incentives: LOP shall make payment of Pmgmm Incentives to the.
Customer or designated Program par icipant Par the process described below.
Page 2001 77
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• LOP shall log into Me www.oaevendortebetes cam system and enter pre-oppmved
customer information, measures, quantity, and other manna feeds into the system.
• Gnu entered, LOP shall aasemble any additional requiretl documentation to wppolt
Project el'gidlgy and energy savltgs aha submit to PG&E Program Manager for
revlwi and approval.
• Measures or customers deemed ineligible for the program may be disqualified for
payment
Calculation of Incentive Payments—Followiig installation verification, LOP shag review the
energy savings and revise them, as neuesal to added the poid4nstalladan conditions.
Customer incentive payments shall be based on Mase fares, verified, savings numbers.
For marl measures, savings and incentives am calculated using a deemed nei
cunt Mass the number of units Installed for ach measure type. For custom measures.
savings are calculated using established engineering calculations and input values particular
to Me installation facility.
Project Completion Report —LGP shall ansembk wppti ing documents breach Project
and submit g to PG&E for review and approval. The supporting documents shag Include the
signed Program Participation Agreement, purchase and instellafon Imminent, Installation
verification In Me Field Verification Farm, final earnings and incentive calculations based on
post -installation information, and any other documentation required to support the
calculations.
Payment of Incentives — Upon PG&E approval W each Project's supportiry dowm ndurtion,
LOP all notify Me Customer that the application has been approved, and shall process
and delver the Innentive check to the Customer.
PG&E real the right to modify In its sole and absolute dlacretlon the Incentive payment
process, either during program set up or during the course of program implememalon, so
that las customer incearl payments are made to the customer by PG&E.
3.4.5.1. Deliverables (per Project):
3.4.5.1.1. Project Completion Rai copy of incentive check, and all other
requlred Informal as Indtcated In Task 5 below
Due Data Ongoing, throughout Program pyde. Sea Program
Implementation Timetable in PMP for tomected installation schedule
3.5. TASK 5– INVOICE AND REPORTING: LOP shall report on Program achllies as described below
and invoice PG&E as descibed in E Mbit G (Invoice Reporting Requirements).
36.1. Imoidngand PG&EReporting: LGPehalwbmlan Nly meMrepodta PG&Efa
Program acrumpliahmerps Vast iretalalone performed In Ire pressing calender month. LOP
shall Implement, adhere to, and submit Me them$ as described In Exhlbg G f nvoice
Recording Requirements), and as approved In Task 1 (Sat Up Program) above for wale
completed the Passaging all LISP "It submit a final Invoice as reierincad berm, and
Program Final Report as marencdl in Task 9. PGflE may need M mi these Invoice
reporting requirements from lire to time, at which time the PG&E Program Manager will
roily LOP of the changes.
3.5.2, inilally and at band quarterly Meredlbq LISP shall submit a report of budget and expenses
dreaggregated Into specific CPUC Allowable Cost line lams. LOP shall use the template for
quarterly reports as described In Exhibit G (Invoice Refueling Requirements) or as provided
by the PG&E Program Manager,
Page 21 am
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W%roti Nem'. Fenno Esee WoW
3 5 3. LGP shall submit an Annual Report W PG&E. This fawn shall inclu le cumulative
documentation d all Program activities add expenditures duhng each program year Be
requlmtl by the CPUC andlor the PG&E Program Manager.
3.5A PG&E may, in its sob and absolute discretion, requires LGP to provide such other reasons or
tl«umentation that PG&E deems appropriate or necessary ('Pd Ham Reports'). LGP shall
Comply with any report far such Ad Hoc Repon(s) "hin a reasonable time or, S appliceble,
within Me time requested by PG&E
3.5.5. Additional Data: LGP shall provide additional data or information as required by Me CPUC.
3.5.5.1. Deliverables:
3.5.5.1.E Momhly Repan
Due Date: The 15e calaMar day of each moved, beginning Ne
month follo'Mng wdideft execution.
3.5.5.1.2. Quarterly Report
Due Date. Within 45 calendar days of the end of each quarter
3.5.5.1.3. Annual Report
Due Date: March 310 2011 and 2012 following performance of
previous year
35.51.4. Acl Him Repels or additional data
Due Date: As required by PG&E or CPUC
355.15. Final Invoice
Due Date: No lalerthan February 28, 2013
36, TASK 6—STRATEGIC PIAN REPORTING: To support CPUC reporting requremenM antl
implementation of California's Energy Effidency Strategic Plan (EESP). LGP shall submit to PG&E for
PG&E'e review and approval (a) a description of LGi a dvXW Mat goeole Ve EESP, indudrg, MA nM
linked to, acindes Mat implement Me Workhorse EtlucatiCo & Treinvg, Cooke & Standards and Demand -
Side Management Integmlgn strategies outlined A Me EESP, (b) metria ascoUMed vdM Mess adividea,
and (c) expenses associated with Mese activated.
16A 4livemblea:
3.6.1.1. Doff plan of LGP's budget, activities and metrics
Due Date. Wit51n W calendar days of Contract execution or within 30 days of
demand by PG&E
3.6.1.2. Final plan of LGP's budget activities and mei incorporating all PG&E
Program Manager comments
Due Dee: One week following receipt of PG&E Pmgmm Manager comments
33. TASK)- PERFORM CUSTOMER FEEDBACK SURVEYS: LGP shall obtain Customer feedback
using the delivery mechanism and methodology developed and approved by Me PG&E Program
Manager as included in the Program Management Plan In Task 1 (Set Up Program). Custamar
feedback shall be ablained for LGP's armor Subcontractors services, equipment, and the value
they found in participating in the Program. LGP shall address and resolve any Customer Issues
gathered as part of Task T in Me manner described In Task 6 (Address and Resohre All Customer
Issues).
3 T.1. Deliverables:
3711 Completed Customer Feedback Surveys in number and form as approved in Me
PMP
Due Date'. Ongoing Mroughout Program cycle
36. TASK &- ADDRESS AND RESOLVE ALL CUSTOMER ISSUES: LGP shall track and resolve all
Customer Issues made known through either Customer Feedback Surveys or by any other means
Page 22 of 77
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of customer Input or correct. LGP shall work to provide continuous Improvements in Me Progron ba
promote overall Customer satisfaction
3.81. In Task 1, Set Up Program, as Port of IM Program Management Plan ark the Quash,
Assurance and Quality Control Plan', LGP Mall develop and submit for review and approval
by PG&E Program Manager a plan to sachem Customer issues sending at the -GP's
Program staff level and escalating up to Me PG&E Program Manager.
3.8.2. It any Issue cannot be resolved by the LGP to the translation of Me Customer within 5
Whereas days of lassie by LGP of a complaint, LGP shall Immediately provide PG&E with a
detalletl description N any such Customer complaint Mal shall indutle the name and contact
information of the Customer arty any other information requested by PG&E as needed to
resolve the issue.
3,83 LGP shall address all Customer issues at the end of each Customer transaction through Me
and of Me Con tact pertormance period as retirement In Section 29 (or arty other data as
Memo ned by PG&E) which may Include fallow -up services for warranty concerns. Program
staff 0911 manila all "Porlty complaints and resolutions until such data All rermintng
Customer service resin st the mw of the Contract performance period shall to reported by
December 15, 2012,
3.8.4. LGP shall maintain a Customer Senke Log to Mack such Customer issues and the
responses to resort them. LGP shall report Customer feedback Issues to Me PG&E
Program Manager using the monthly reports and the process described above for issues
that are not resolvase within 5 business days of Me date that LOP resales the complain.
3.84.1. Defverables',
38.4.1.1. Updated Customer Semce Log bracking Customer issues and Me
responses to mopes.
NO Caere: As pad of easel monthly report
3.8.4.1.2. @mIIM description of any Customer issue not resolved within five
business days a recalls Ot complaint to include Me name art
contact Information d the subject Customer anal any other
irdormaton requested by PG&E.
NO Date: Ongoing throughout Program cycle
3.9. TASK 9— PROGRAM RAI&P4301iN:
39.l. Program Ramp -Down LGP Mall provide a plan to ramp dam Me Program ('Program
RampDown Plan'). To ensure Program cessuro, LGP shall plan a Program rampdown
period to commence no later than December 1, 2012. The LGP's plan for Program rami
down shall bake into coreitlaretlon that all services must be complete, all Profen and
Measures Installed and all Incentives paid to Customers by December 31, 2012. The
Program Ramp -Down Plan may include a Program Shut -Dawn Notification to ber. delivered to
Customers.
3.8.2. Program ShutDownNobfcafon: LGP shall deveop and submit for PG&E Program
Manager approval a Program Shut-NOm Notification as pad of Me Program R>mPDown
Plan. The Notification will and Customer services while ensuring the continuation of womanly
services for one year from the date of service. On December 15, 2012 or eadkr, depending
upon Program Energy Savings achievement, LGP shall earW the Program Shut -Dram
Notificafion via mail or fax. This Program announcement shall notify Customers that the
Program efll he shutEown and that the Customers should contals a specified representative
for warranty issues. This Program Shut -Dawn Noti0cation shall also encourage the
Customer to actively pursue Other PG&E programa that may be evellable, end to contact
PG&E for further informaeon regarding energy effc'Iency programs.
Page 23 of 77
MA NumM 2504301169
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3.93, If LGP completes Program masterminds before October 31, 2012, LGP shall idiom all
parties contacted for Program participation Mat Me Program has reached 16 circle add that
Me Program is no longer available. LGP shall resolve all outstanding complaints by
December 15, 2012.
3.9 4. At Program operations, including Customersecn®, shall be completely shut-0own after Me
add day of the Contract performance period.
3.94.1. Deliverablea'.
3.94.1.1. Draft Program RampDown Plan
as Data Two weeks following recall by LGP of PG&E Program
Manager request and no War then November 15, 2012
3.9.4.13. Final Program Ramp0own Plan incorporating all PG&E Program
Manager Comments
Due Date: One week following receipt Q PG&E Program Manager
comments
39.4.13. Draft Program Shull Notification
Due Dater Two weeks following receipt W LGP of PG&E Program
Manager request and no later than November 15, 2012
39,4.1.4. Final Program Shull Notiflwtion Incl rpdfdting all PG&E
Program Manager Comments
Due Date: Within one wrek of receipt of PG&E Program Manager
comments
310. TASK 10—SUSMMFINAL PROGRAM REPORT: LGP shall deliver a Final Program Report tote
PG&E Program Manager at Me conclusion of the Program and no later than February 28, 2011
3.101. The Final Program Report shell, at a minimum, provide a discussion addressing each of the
follmving subtopics.
1. Program O ervlew
2. Summary of Program Accomplishments
3. Program Activities
4. Customer Satlefacbon
5 Coordination and Integration A0vitie9
6. Subcontractor and Staffing Changes
T. Description of Beat Practices or Program Improvement recommendations
8. Description of Challenges or Other Issues
9. Other Items requested by Me PG&E Program Manager
3.10.1.1. Deliverables.
3.10.1.1.1, Draft Program report as outimed above and directed by PG&E
Program Manager
Due Dame: February 1. 2013
3.10.1.1.2, Final Program report as outllned above and directed by PG&E
Program Manager
Due Date. February 28. 2013
Page 24 0 77
MAIwwa, wbork
riWem Nwne Flaw e,rpy Wats,
4. PAYMEWTERM$
4.1. Payment to LGP shall he dependent upon LGP's completion of all Tasks (including small, and
accurate submission m monthly repots) antl achievement of Program Energy SeWrips, as
demonstrated by Deliverables submmed by LGP and satisfactory, to the PG&E Program Manager.
42 Payment Terms
4.2.1. Contract Budget
4.2.1.1 The aggregate total of PG&E payments for all Work authorized and satisfactory
completed under th s Contract, as approved! by PG&E Sh s'Contrect Budget')
shall not exceed S 3&0,000. The total payments shall not exceed Mefollewtng
amounts ler each payment type, or be reallocated, without poor version approval
Men the PG&E Program Manager:
Time and Mabrials: 53&01000
Customer Incentive Payments or
Direct Install Reimbursements: $ o
Total Contract Butlgeh $300,000
4.2.2. Tore -and -Material -Based (i&M) Payments
4.2.2.1 LGP shalt bill PG&E for Met portion of the Contract Budget, which PG&E Ivo
agreed to Pay of a tlme-and ateriala, not4oexceed basis, as Pat by the
CPUC's Allowable Come table in Exhibit H (Regulatory, Reporting Requirements)
and acimmeng to the labor eater contained in Exhibit F (LGP Approved Bilfig
Rants for Labor), LGP Is expected to meet a monthly average Time & Materials
ought of $181810. A schedule for meeting She target will be esbmehed in Me
PMP.
62.3. CumomerincentWe Payments(Applicebleto LGPswiMln-Houce Programa)
4.2.3.1. LGP shall Invoice PG&E only for Incentive payments Mat have been made to the
Customer. PG&E shall thereafter reimburse LGP only for actual Customer
Incentive Payments that have been Installed and Verified, not forecasted or
emimated Customer Incentive Payments.
423.2. For Direct Install Hybrid Programa, LGP shall me bill PG&E under Me contract for
customer co -pay amounts established! by LGPa agreements with custornine
4.2.3.3. LGP understands, acknowledges, end agrees Met PG&E may Mul shall have no
obligi to) money Me manner In which payments for Customer Incentives are
made, Including, but without limitation thereto, making Incentive Payments
directly to the Customer.
43Budget 6ds/M D' II rvlC Termination
43.1. PG&E reserves Me right (but shall have no obligation) to: (a) reduce or increase the overall
Contract Budget and associated savings, (b) shift program funds from one progrem to
anotheo or (c) terminate Me Contract. PG&E may consider several factors widen deciding to
retluce, Increase or terminale funding, Including. but not limited to:
4311, Actual Installed Measure Mix (Applicable to LGPs with In -House Programs):
PG&E may, but shall bare no obligation to, review at any time the actual
Measure mix compared to the forecasted Measure mix. Said Measure mix may
Page 25 of 77
CWx wrr. w0r*17ea
Pregmm wme: Ecom Emgy W V N
b r reMawwE on a Project or a Program basis. If the actual Measure mix varied
matenalty from the fo ecasted Measure mix, pard"ry if Me actual sternum mix
is and comprsherelve or produced less enegy, savings than Imparted PG&E
reserved the dight Mut shall has no otoRgatlon)ho assume or require Measures,
anchor reduce or terminek Program funding.
43.12. Actual Installa4on Schedule Compared to Forecasted Installation Schedule
(Applicable to LGPs at In -Rouse Plenms): PG&E may consider reducing or
terminating Program funding If the actual installation schedule falls behind the
breveted insUllatlon schedule.
4.3.1.3. Customer SetiafeclignlPmgmm Duality PG&E will consider Program Customer
satisfaction and Pmgmm quality when assessing LGP's Performance.
4.3.1.4. CooNination and Integration. PG&E will determine, In its ask and absolute
Mooradian. whether LGP satlsfacionly Iuglls its coordination and Integration
obligation; with PG&E's own programa, third party programs, and other local
government partnership ad set form In Section 213 (Ge nend-3itla
Management (DSMI Coordination and Integration).
4.3.1.5. Inspection People (Applicable to LGPs with In -Rouse Programs): PG&E may
compeer the number of Inspection failures and other inspection findings In
expensing LGP's peddmanco.
4.3.1ri. Timely and Aaumale Reports PG&E may consider reducing or terminating
Program fu airg if PG&E determine. In its pole and Measure Ma cradon, that
LGP is not preparing timely and accurate reports.
4:3.1.7 Program savings and expenditure: PG&E may consider reducing or terminating
Program funding 0 the actual Program savings are less Man forecasted Program
savings or 4 actual Program wasinddums am mom than forecasted Program
expenditures.
4.3.1.8 Englraenrg Documentation Gualtiy: PG&E reserves Me night to disallow
Measure and/or reduce or terminate the Program funding, g PG&E determines,
In its sole Mismatch, Mat the quality dthe documentation to support any
Pmgmm samgs daima is inadequete. Supporting documentation Includes, btu
Is not Ilmtied to, wont papers, Mich calculations ant metnodologles, and Profecl-
snedficdaW. PG&Ewillconsidwwhetter Me PrograMProledeavings
estimates are clear, "it documented, defensible, and supported by EMW or
other studies In addressing LGP's pedormarxe.
4 3.1.9. Customer and Geographic Areas carved by Program and Responsiveness to
Referrals: PG&E mi IM shall have no obligation to, consider areae met fuMlbd
by LGP Program as Indicated In ExhiMt D (A l wable Geographic Areae, aM
Customers to be Served by this Program) and responsiveness to referrals from
PG&E when assessing Implementers performance
432. Priorly redumon or termination of funding andlor Contrail, LGP shall have the opportunity
to remedy Me situation In a manner are agreed upon by LGP and PG&E.
4.3.3. LGP shall modify any Program documents as pinpoAed, Including but not limited W CPUC
directives or PG&E poMdlo reviews. Meesurs energy savings, nePtoyroas ratios, energy
costs, and effective useful Iwe. This may require adjustments to LGP's Wing etas and
Customer Incentive was.
Page 26 of 77
cox, Minor, 2s ima
IMpmn NaeFenno Ennw a w,h
4 3.4. If PGAE reduces funding or terminavea the Contract, or does not commue Me Program into
the nets Program Cycle, LOP shall provide PG&E with a status report of all Protects that are
Underway at the time of termination, including Mose Projects that have not reached the
Commitrment stage bW have had some analysis performed up through Me point of reduction
or terminator. At PG&E%discretion. POSE may proceed with Projects that are underway
or authorise funding for LOP to complete Projects that are underway. PG&E shell pay LOP
for all want satefadonly armament as of the date of terninlatron.
4.4. Refund for CPUC Disallowance
4.4.1. If a CPUC decision orruling dballowa any program costa due M a CPUC ending Mat LOP
acted unreasonably, LOP shall return the amount due to PO&E within thirty (30) calendar
days from Me date LOP receives written notice ham POSE Mat Me payment Is axed.
Skl1.+r^1 gIGl.
4.5.1. LOP shall sent Me original Invoice to PG&E's Amounts Payable Department and the copy
to Me PG&E Program Manager at Me addressee indicated belpw:
Sandpaperariginalm
Pal Gas and Electric Company
Accounts Payable
P.O. Bax 7780
San Francisco, CA 94120-]]80
Sand Paper Copyto:
Pacific Gas and Electric Company
Attn: Steve New.ine
3185 M Barest
Merced, CA 9534&2404
S. REQUEST FOR DATA
5.1. PG&E will share Custemer-apecilc information, which Includes, but is not limited to, Customer
name, address, account number, ailing Information, electricity and gas usage history, and program
participation history, on a cam4ry-more basis as resources allow. Upon PG&E's request LOP shall
promptly proNte PG&E with a signed original copy of the Authehatlen To Receive Customer
Information or AG on a Cuslome's Behaff forth, in Exhlbd I.
A2. PG&E may share Energy Efficiency program data as routinely reported to Me CPUC on an
aggregated Wave, Including energy and demand savings, unit accomplishments, anchor number of
program participants, which may be reported by Program, Measure, end use, andhor offer CPUC
repaving categories. Request for program Informatlon that is not routinely reported to the CPUC
will be reviewed on a case-bycass basis and pmvlded only ore resources allow. The above does
not Include any Custoner-specific information reported to the OPUC under California Public LIMMis
Code §583.
5.3. Upon full execution and delivery of the Contract, LOP shall be required to complete a data transfer
approval process and agree to the terms therein to receive any Cuatomerepecl5c information.
Page 21 of n
MANumler. examines
Fgan Nems, Fnro Emw%x,t
6. PUBLICATION OF CUSTOMER INFORMATION
6.1. LOP except as required by law or court order may not publhh any repots Or produce any marketing
and promotional materia MM may domain Cuatomer.epedfla information, including, but not limited
to. Guarani name, logo, or any other Proprietary Information without fret obtaining:
6.1.1. Customers prix review apt approval of the materiel to W publadmal or produmd; apt
6.13. Customers signed License to Use, submitted to and approved by the PG&E Program
Manager.
6.2. LGP may not center any Cultoner-specific data or information by e-mail or other method except
as outlined in Ma data transfer approval process add agreement ro be Provided! by Me PG&E
Program Manager upon full execution and delivery of the Contrail,
T. APPROVAL OF MARKENNG MATERIALS AND MEDIA
7.1. LGP shall submt all Program Marketing Materials to PG&E Program Manager for review and
approval pnorta Me release cf such manuals. LGP shall wnsu8 thetwle and mwurcea provided
by PG&E, Including but not Mai to those Incl Wed in Exhibit L (Approval Guidelines for
Tmdemar oda NamWLogo In Cor edmg A Aies). In Me event that PG&E determine Mat
LGPP's Marketing Matetlels are false, fraidulent, misleading, not adequately subMen6ated, do not
captain Me required Customer disclaimer, have used PG&E's name, trademark or logo without
obtaining the appropriate approvals as apt forth in ExhlMl L. or any other deficiencies, LGP shall not
random the Marketing Materials until any and all Problems are remedied by LGP to PG&E'a sob
satisfaction.
7.2. All media menras and outreach efforts Baine used in conjunction win Me Programs snail allde by
the tools and resources provided by PG&E, Including but not limited to thaw Included in Exhibit L
(Approval Guidelines for TredemaM?rade NamolLogo In CUMarimard Activities), as determined
by the PG&E Program Manager.
7.3. LGP ackwMedres and some& that PGRF'e come and nu of as tanmele ani imanamle lmellet UAI
reach of the PG&E breed guidelines as call In Exhibit L and this
t irreparable harm and significant Injury to PG&E (or such third Maaiea7, to
not than be difficult or impossible to ascertain Its money damages suFcier
ately compensate PG&E (or such third parties). AcOordlrgly, and In
to seek damages and any other available man dite at law or in equity in
itracl, Me peace agree that PG&E will have the right to obtain, from any
name or IptelNwYual Property ingMs. Tne padiee hereby warva any and all objections to the right T
such court to glandsuch relief, including, but not limited to, objections of improperju hadchon or
forum non amvermns.
8. CLAIMS SUBSTANTIATION
B.1. LGP represents Mat 8 will adequately substantiate all claims it will make as pad of the Work in
accordance with all applicable requirements of Me laws of the State of Caliionia federal common
law, eMWtegr regulagpn, aeW wylocal oMinances, lapplicable. LGPaballsubstantiatanarkegrg
wall technological claims made In all Program Marketing Materials. Claims Include, but are not
limited to, statements about the enemy efictenry, safety, reliability, or performance of a piety of
equipment or category of Energy Efficiency Measures.
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8.2. Fa all Program Marketing Materiels, LGP Mall Memlty all claims, and shall have written evidence
ark data to subslantaM the claim. LGP shall pmvMis all such claims and claims substOrmi ion W
the PG&E Program Manager upon submittal W the material for PG&E review and approval. H
PG&E Program Manager determines that the sWdence or data that LGP has submitted to PG&E
fails to substantiate the wom, then LGP shall either provide addidonal evidence or data, mat in
PG&E'c sole discretion is adequate to substantiate the claim, or named or eliminate the claim so
MalBro data and eWtlence, in PG&E§ sole discretion, adequately suppana the claims made.
8.3. For all Program MaMe0ng Mai LGP shall identify Me source W all photography orquotes
used, ant shall have ancr added approval for any such Photography of quotes used to substantiate
a claim. LGP shell PmWtle such IWornation to the PG&E Program Manager upon submMal W the
Program Marketing Material her PG&E review and approval.
BA. LGP shall bkemn8y antl hold harmless PG&E, ka parent company ark any and all a101iated
wbeitluriee from and against sky arch all some of cNil (lability and all costs d auk and damages
aching from or related to any palm made by LGP as pact W Nie program Met are found not to be
true, or to have been improperly marketed or inadequately substantiated. LGP fuller shall also be
responsible for, add indemnify and had PG&E harmless, any judgment entered against PG&E in
any mil wW In any jurisdiction, or as to any resections Swarmed of any sueh actual or Potential
fiadlky, meaning from any auk or used any clement, and to pay any reasonable attorney's fees
incurred by PCBE in defence W such a suit.
0. CONFIDEl lAL1Ty
9.1. In addifen W the ngWrements set out in Mins 25.0 W the General Crackers, LGP shall comply
will the following additional terms W this Section 9 (Confidenfialily) regarding the handling of
confidential or Proprietary Information/tom PG&E or las Customers.
DZ In performing the services and Werk under this Conbact, LGP may gain access to Proprietary
IMormallon. LGP hereby agrees that LGP and LGP's employees, Suloom accon and
Subcontractors employees shall how all such Customer Proprietary Information in said confidence
ant shell not use, disrbee, or oOerrai disseminale any such Intmmation to any Person or thiN
party without ga prior anted consent W a Customer a PG&E. LGP agrees that all such
Proprietary Information'
93.1. shall be used solely Pathe purpose W performing services and Work ler a Customer or
PG&E and
922 shall rot be reproduced, wood, in whose or in pan, exceo as specifically authorized by a
Customer or PG&E and
9.2.3. Mall, Weather Win any add all copies, reproductions and o her awards that contain any
Proprietary Information or materials obtained by LGP train any Customer, be returned to
PG&E when no lager rweded fa the pedormance W LGP's servicae and Work for PG&E.
9.3. In the avant that LGP is in could as to wiroeher certain information Is Proprodary Information, LGP
shall treat the intornawn as confidential Proprietary IMomatlon.
9.9, LGP Mall here all W its employaee, Subceduactors, and Subcontractor employees who will
perform Work or services under this Contract sign a w" adceure agreemart in the, form atlachad
hereto as Exhibit J (Non -Disclosure and Use W Information Agreement). Prior to seeding sold Wok
or servicer, LGP shall promptly furnish Me an9hal signed non -c Jwure agreements to PG&E
9.5. T names agree that any breach W this Section 9(Confkenfialky) would consMNe irreparable
harm and signdnwm injury to PG&E. Accordingly, and in erosion to PG&E'a rlgm to seek damages
and any other available remedies at law or In equity in accordance with this Compact, Ice parties
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Fiaoin semi Fusia,asoocoma
agree Mal PG&E will lava the Iigia to seek, ham any competent cral court, Immediae temporery or
Preliminary injunctive relief enjoining any breach or threatened breach dome Contract, involving the
alleged unauMorcnd diaolosum or use of any confidential or Pre imumm Infomatlon. The parties
hereby waive objections of Improper prediction or forum non conventions.
9.5. Notwithstanding anything to the contrary contained herein, bud without limiting the gerwal
applicability of Me foregoing. LGP understands, agrees and admowledges as folbws'
9.8.1. PG&E hereby mamas the night in its sok and absolute dlacadon m daclose any and all
terms of this Contract and all abiosis, attachments, and any other documents related
thereto to the CPUC, and that the CPUC may reproduce, copy, in whole or in pad, or
othemise disclose the Contact to to public.
9,62. PG&E may be required or may dsem 9 to be in Me best Interest of the Encgrem, to d'udcss
to other IOUs certain Program Information (excluding any priding infor mationj, which may
include, without Initiation thereto, Exhibit D (Allowable Geographic Area, and Customers to
he 8ened by this Program).
10. PG&E PROGRAM MANAGER8
10.1. LGP designates Joseph Oldham as Wive Contrea Represenlativa for all matters relating to
performance of the authencetl WON under this Contract.
10.2. PG&E designates Steve Newvinc as PG&E's PG&E Progrem Manager for all matters relating to
Performance of the authorized Work pursuant to the Contract
10.3. The LGP anClor PG&E may change LGP Contfact Representative or PG&E Program Manager at
any time by Prowling written notice of the change to the other parties following protocol.
11. TME IS OF THE ESSENCE
11.1. The parties hereby acknowledge that time is of the essence in performing the dudes under this
Contract. LGP'sfailure to comply with Mated deadlines or milestones may result In lamination of
this Contract, payments being WMM1elQ or other progmm modifications. LGP shall immediately
Iatffy PG&E Program Manager of any delays or causer Mat may impact LGP'a ability to perform any
dudes or oWgaliona as mandated by this Contract.
12. CONDITION PRECEDENT TO EFFECTIVE DATE EFFECTIVE DAT
12.1. CokMon Precedent A condition precredent to Me effedlve date of Mis Agreement is a final and
non-appealaae order horn Me CPUC that approveswith terms and conditions acceptable to PG&E
as determined by PG&E in its sola and absolute discretion, PG&E's Advice Letter in compliance
with D. 0409 -OST. Upon satisfaction of the condition precedent, the effective dale of this
Agreement shall he the data that d is Wool by representatives of both PG&E and LGP but no
sooner than January 1, 2010 parking approval W LGP's City Council, per constkuM mal and kcal
law requirements, and subject M annually allocated and avallable funding,
13. NO ENDORSEMENT
13.1. Selection of Me LGP to perform work on behalf a PG&E does not contusion¢, nor does d imply In
any way, an endorsement by PG&E of the LGP or or firm. Consequently, LGP shall not indicate
that PG&E has or will endorse LGP In any form of wd0en, verbal or electronic admrbament or in
any Other business or marketing development efforts. This prohibition shall survive Me ternsoftNa
Contract. Violation of this reason sines be su OM cause for the cancellation Of this Contract
Pumuant to the terms outlined in Aoide 40.0 (Cancellation and Terminabon of Conhacp Of Me
General Consomme, and the application by PG&E for a preliminary injunction or Other provisional
Page 30 Of 77
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judioal remedy pumuaM to Article 3] 0 (Dispute Resalunon) of the Gm mi CondMms. LGP shall
rot use PG&E'e name, logo, trademark, trade name, or paten Intellectual Property R®hts without
PG&E's advance wriden permlesion or In any manner which is contrary to the terms of Section 9 of
has Cannot and Exhipt L (Approval Guidelines for Tredemek7rradeNartNLogo Use in Co-
MadtedrgAclNNBs).
10. NON.EXCLUSNTY
14.1. THE PARTIES AGREE THAT THIS CONTRACT DOES NOT ESTABLISH AN EXCLUSIVE
CONTRACT BETWEEN PG&E AND LGP. PG&E EXPRESSLY RESERVES ALL ITS RIGHTS.
INCLUDING BUT NOT LIMITED TO THE FOLLOWING: THE RIGHT TO UTILIZE OTHERS TO
PERFORM OR SUPPLY WORK OR DELNERABLES OF THE TYPE CONTEMPIATED BY THIS
CONTRACT; THE RIGHT TO REQUEST PROPOSALS FROM OTHERS WITH OR WITHOUT
REQUESTING PROPOSALS FROM BIDDERS FOR WORK OF THE TYPE CONTEMPLATED BY
THIS CON'll AND THE UNRESTRICTED RIGHT BY PO&E TO REBID OR PERFORM ANY
SUCH WORK.
15. NOTICES OR DEMANDS
15.1. Any written notaca, demand, or request required or authorized In connection WM Mie Contract shall
I deemed property given Idelivered in barren or sem by facermIl. any noisomely moca bed
ovemlght couner, or fired class U.S. mall, postage prepaid, to the address specified below, or to
encMeraddrese spadfied in wMirg by a Party- Requema for proposed coMmd amendments may
be sent by a -mall, but execo9on of such request shall only be exeouled pursuant to Me arms of an
authorized Charge Order. No4cee all De addressed as follows:
LGP CONTRACT REPRESENTATIVE
Name: City of Fresno, Sustainable Fresno Division
Attention: Joseph W. Oldham, Interim Susteinabiiiry Manager
Mailing Address: 2600 Fresno St, Rm. 3065. Fresno, CA 93721
Street Address: 260 Fresno St., Ron. 300. Fresno, CA 93721
Telephone: 559-61
Email: Joseph.oMham@fresno.gov
PG&E PROGRAM MANAGER
Name: Pacific Gas and Elei Company
Attention: Steve Newvloe
Mailing Address: 3185 M Sheet, speed. CA 95340-2494
Street Morass: 3155 M Street, Mounted, CA 95348-2404
Telephone: 20&380.4918
Oell. 2D9205-8884
Fax: 209-72&5433
Email: SXNS®pge.com
155. Nobces shall be deemed received by Me PG&E Prap2m Manager (a) 9 personalty or hand
dellveraq upon Me data M delivery to line address MMe person aummirbard to racerve such notice if
delivered before 5:00 IF on, or ntherwlae on Me business day following personal delNery: (b) If
maned, Mree business days after Me date to nodce is postmarked: (c) 9 by acomi upon
electronic confirmation of transmission, followed by abphone nota cation of transmission by the
mincing Parry; or (d) M by overnight coui on the business day following delivery to the overnight
courier evil the time limier set by Out courier for next -day delivery.
Pelle 31 of 71
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16. CPUC AUTHORRY TO MOM"MEGULATORY REVIEW
16.1, This Contract shall at all times this subject to changes or modifications by the CPUC, The CPUC
may from time W time issue a directive regal to or affecting any aspect of me Contact within Me
confines of its jiriso icGon.
16.2, Upon Me occurrence of any event or action as deacribsd in Section 18,1 PG&E may (but shall have
no obligation to) modify amerM, or terminale this Contact in accordance with Amde 400
(Cancellation and Termination mContact) of me General Corsicana.
17. CONFLICT OF TERMS
17.1, In the event of any ronglct in Me Specific Concri shaped harem and the General Conditions,
Made Specific Conditions shell control. Should a conflict exist between tie Specific Conditions,
Geneal Conditions and the Attachments, me SpedOc Conditions or the Attachments shall control.
Shout a eomllct exist between to Spec Conditions. remained Conddiom, or Attachments, and
any applicable federal, stain or local law, rule, regulation, order or code, said law, rule, regulation.
omerorcode shall control. Varying degreesofstNgencyamong the General ContlMions, Spndiic
CorvJgon 1, Attachments, lam, ales, regulations, orders or codes are not dammed conflicts and the
most dntgent requirementa shall contra.
17.2. LGP shall immediately nobly PG&E Program Manager of any conflicts or potential conficls
confined in a covered by this Section.
18. SUPPLIER DIVERSITY PROGRAM POLICY
18.1. CPUC General Order 155 promotes MB purchasing m goods and services from women, minority,
amor disabled veteanowned and controlled business enterprise ("WMDVBEs').
18.2. Tirade are no spec WMDVBE goals that have been established for LGP to meet in this Contract.
However, PG&E expects LGP to assist PG&E In workking with WMDVBEs.
18.3. LGP shall Provide to PG&E a list a veri6ad WMDVBEs Met it expects to do business with during
the term shthls Confined,
184_ Primary verification of WMDVBEs shall be the CPUC WMDVBE Clearinghouse.
18.5. REPORTING COMMITMENT: Nongovemment LGPs shall provide timely ash accurate reporting of
LGP's detailed spell Informshion wish divorce, suppliers on PG&E's Supplier DFreally Management
System (SDMS) fifteen (15) days fallowing the ell of each month.
19. LOCAL HIRING
19.1 LGP shell make all reasonable elMrls, as mutually tletemdnetl by PG&E and LGP, to promote the
creation d local green jobs by locally hiring Individual or subcontracting with lord emir who will
be performing the services In accordance with this Agreement.
20. PG&E GREEN SUPPLY CHAIN PROGRAM
20.1. 'At Pacific Gas and Eleddc Company, we am committed to being an environmental leader and
demonstrating this through our actions. We pledge to think creatively, work cooperatively and be
as fits-0vi nted In our environmental stewardship efforts. " In alignment with our company
environmental policy, PG&E expects LGP to work collaboratively and in padneahip with PG&E's
Green Supply Chain Program to develop Innovative and sustainable Meas, pmducl, mannites and
operations to continually reduce handful effects on human fewthe and Me environment with the
following'CoCmi objectives:
Page 32 of Tr
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• Commitment W be more environmentally responsible
• Estabgeh an environmental policy ftrMeWplk
• Develop a sustainedlXy, rapod
•
Chimera. to edumte Others about emumnmenml responsibllay
Mentoring program for suppliers
• Communitypragrams
Employee programa
• Operadons. to reduce environmental Impacts
• Greenhouse gas emissions
• Energy use
water use
Recycled a d nen-racyded waste
Pmduds and Serums: environmentally Ihendly
• Purchase or produce produda and serums that are green and enironmeMally Mendly
• Supplier Collaboration: environmental partnerships
• Sharing bast practices and engaging in faint eWlrommental projects Win PG&E, PG&E
LGN andlor other POSE suppliers
For additional Information regarding PG&Es Green Supply Chain Program pauses email
GrsenSuoulyChe'n@me corn
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EXHIBITS TO PG&E SPECIFIC CONDITIONS:
Exhlhlt A: Definitions
Exhibit S: Scope of Work Deliverable Schedule
ExhINt C: Program Management Plan
Exhibit D: Allowable Geographic Areas, and CUSIonmre to be Served by thla Program
Exhlblt E: Program Participation Agreement for LGPs with ln-Housa Programs
Exhibit F: LOP Approved Billing Rates for Labor
Exhlblt G: Invoice Reporting Requlremends
Exhibit H: Regulatory Reporting Requirements
Exhibit l: Authoritarian TO Recafve Customer pioneered or Act on a Customah Behalf
Exhibit J: Non -Disclosure and Use of lMonmtion Agreement
Exhibit X: Contractor,Consultant, and Supplier Coda of Conduct
Exhibit L: Approval Guideline for TrademarMTrads NnnelLogo Use In Co-Mnkegng Activities
Exhibit M-1: Access Agreement for Monitoring Equipment
Exhibit M -g: Access Agreement for Non -Monitoring Equipment
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Exhlhlf Dun A: Definifiorw
The definson of Charge Order, "Local Government LGP' a'LGP%'Conlmi -Pi or"Parmse, -PG&E',
'SubanbacC,'Sud:ontrector,'Work', as used in the Contract shall be as defired in the General Conditions.
The carnations found in Me General Consul are supplemented who the terms defined below solely M these
Specific Conditions adachad hereto and incorporated herein:
1. Access Agreement -Allegation agreement (approved in form and substance by PG&E) undervfiich a
Customer provides access to its property to (a) LGP or its Subcontractor ler Me purpose of praising Audit
or other Program serous: and (b) PG&E and CPUC for purpose of exacleing M verification, Inspection
and review rights pursuant to Section 2.3 or 24, as applicable, or to prmide other Program services, in
ream Mwhich LGP will conduct an Audit or other Program sernce and pravitle the results to Customer.
2. All Hoc Reports -Reports or tlowmentslion that PG&E, InitssdeaMebsolute Cleaeticn,requlm LGPto
provide pursuant to Section 3.50.
3. Audit or Energy Audit- An objective and structured assessment of pushing energy consuming systems
within a Custcmer'a place of bu¢Iosse for Me sole purpose of identifying nucoseicw-cost facility or
Customer operational improvements ant Measure investments which can save energy andlor reduce
energy demand.
k Audit Report- The action report given to the Customer to inform Customer of Program audit findings for
Customer fadMies, Inducting recommended measures and related protected savings.
5. Average Demand! W- The average kW consumed during a Involve (12}rncnth period far a given
Customer service agreement small has, and is, piled an a demand major.
6. Avoidetl Cost Calculator Wors000k("Calculalof)-The spreadsheet tool used t0 forecast program
budgets, accomplishments, and COstlfteCllvenegg. The Calculator uses the CPUCadopted'firm
Dependent Valuation Methodology to estimate the barrels of Me energy saved basetl upon average load
shapes fa each measure based upon workpaper.
7. Bridge Funding Perad - In D.DB-1 027, the CPUC Issued'Decolon Adopting Bridge Funding For 2009
Energy Efficiency Programs.' to continue LGP's program beyond December 31, 20M and until such time
as Me CPUC Issues a decialcn approving PG&E's 2009-2011 energy efidency program application and
Consultant's program. Bas d on this Decision, PG&E egred assured charge osers in December 20M to
conmue chain 2006-2008 energy efficiency Programs_
8. California Energy Action Plan -Energy Resources Conservation and Development Commission (usually
celled the Califamis Energy Commission), the Public Utilities Commission (CPUC), and the Consumer
Power and Cameraman Flnencimg AUModty (called the CPA -Mat is mw tlefuncp, approved Me final
Stere of California Energy Action Plan in 2003, Proposed by a eubcommitlee of the three agencies. The
Draft Plan astabli¢Ms stared goals and specific actions to ensure that adequate, reliable, and reasonably
-
Poland electrical purser and natural gas supplies are achieved and provided Mrough policies, strategies.
and actions that am cast eflai and su vlremmedally sound far Catlfomla s coneurners and tayHyerg.
B. CARE -PG&E's Caldomia Alternate Rates for Energy Fragent.
10. Commitment -A written commitment to disburse payment upon Mat satisfaction, occurrence or the
execution and delivery of "allied Pinned/Measures. A commitani must inductee the following elements:
1) A signed agreement between the LGP and Me Customer Mat describes Me ProjedRAeasures s be
installed at the Customer premiwlal, Inducting Mainland energy savings and incentive payments, 2)
signature by the Parties auto the authority to commit hope and resources to complete Me Project: ant 3)
Me gate name for me following Project miiestonee: a) at least 50%of equipment (by asp is ordered, ant
b) date that Project will be Installed and operational.
Page 35 of 77
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11. Consultant- The same meaning as LGP or Control Is., the party or pa fie t entering into a Contract
win LGP or PG&E far the Work.
12. Contrail Budge) -The aggregate tctel d PG&E payments for rag Wank authorizetl and satisfactorily
completed under this Conked, as approved by PG&E, as out dark In Season 4.2.
13. Cost-ERectivenesa - The indlcxtor d Me relauva performance or economic attractiveness of any energy
ethdent Investment an MOM when compared to the coats of energy produced and delivered! in Me
absence of such an investment.
14. CPUC Or Commission -The California Public Ubli ies Commission.
15. Cream Skimmim-The Pursuit of my, the lowest met or most cost-efW Wre Energy Efficiency Measures,
while forgoing ler dechning other cast- edive opportunities. The delerminaMm by PG&E In be cele and
abedute dbpeton that Creem Skimmag has resulted In the lass of such opportuniiin shall be conciliative
for the purposes of this Contact.
16. Customer -A neside lce ler Worked receiving electric andfor gas distribution service from PG&E and
paying the Public Goode Charge,
17. Customer Agreement -The agreement under Mich LGP provided Rebates for an EEM under this Contract
18. Deliverables - Tani Work products to ice provided to PG&E Program Manager for review, approval and
documentation of work.
19. Demand Response (DR) -AWvihes or equipment that tritium consumers to use energy at different (lavrer
cost) limes of day or to intertupt energy use for regain equipment temporenly, usually in direct response to
a price signal.
20. Demand -Side Management (DSM) - Measures taken by a Wllty to lnfluenre Me level or timing of
mstornere energy demand in order to optimize the use of available utility resources. Such measures
dude evaluating, planning, Implementing, and monitoring a woe range of conservation , energy efggency,
load management, final subsl0ution, and load retention progral
21. Direct Install- Programs That connote for the direct imlalleflon of hardware through Consull with zero
mstto Custonrers. Hyoids ofttis approach exist in the market (me Direct lnstallAiybnd).
22. Direct Install -Hybrid- Programs that provide for the direct installation N hardware through consultants with
parnal or full installed flat coat assistance but which include a creative financing plan, including, but not
limited W a Customer copayment or shared savings element
23. Distributetl General (Ml - Small-scale electric generating technologies installed at or near an end-
users location. May also be Maned to as `distributed energy resources' or •i letdbWed resources'
24. Double-Dlpping—ocmm wran a Customer takes advantage of muhlple California Public Goods Charge,
funded or non-allbwahle financial incentives offered by multiple programs far undertaking only one anal
25. Dual Test - The requirement Nal an Energy Effidency activity peas high the TRC and the PAC Tests.
28. Emerging Technologies - New energy eRdency technologies, systema, or praWces Mat have significant
energy savings potential but have not yet achieved sumclent manket share gan a variety of reasons) to M
considered sett sustaining or commercially viable. Emerging lechnolog indu early proMyWs of
harcware, soMare, desgn table or energy services that it implemented will result in army savings.
Page 30 bf 77
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27. Energy Efficiency -Amabss or Fragmme that stimulate Customers to reduce Customer energy use by
making basetments In mare eglctent equipment a controls that reduce energy use while maintaining a
comparable level of service as reasnably permuted by Me Customer.
28. Energy Efficiency Measure, Measure, or EEM -An energy using appliance, equipment, control system,
practice (other than practices that rely solely a behavioral Manges, such as turning Mf Ilghts), a design
improvement whose installation or Implementation muffs In reduced energy use (purchased from Me
distribution Ali Aims maintaining a comparable or higher level of energy makes as perceived by Me
Customer. In all means, Energy Efficiency Measures decrease the amount M energy used to provide a
specific service or to Moorman a spends amount Mwork mg, kWh per abkfoat Me refrigerator held k
a specific tempereture, therms per gallon M hot water at a speohdtemperalurs, ale). For the purpose M
thts Contract, solar water healing is an eligible Energy Efficiency measure, provided! Met it pewees to Dual
Test M Coat Effecttiveness on a stancPalme basis.
28. Evaluatkn, Measurement, an Verificagm or EM&V -An evaluation meModdagy related to energy
conservation. by which the evaluator (otter a third party entiry); (1) determines actual energy mviage and
demand reduction dertvs from DSM programs, wiWn agreed upon parameters for cmmdence
Isvellgec'Isian, and (2) Makers guidance to energy seem Movlde s regarding oppommhiea to use
sono leame l for programdesign and/or Implemermllon-process Improvements.
30. Flak Verification Forte -The document used to report finings or vend cation of Program Measure
Installations. TMs Focal is required as haft of the support documentation for Customer Incentive payments
and Installation payments to Me LGP. As used in this Lantrad, Fled Verification Forme for
Reeocanmlesloni g Projects may also include more smaller! Information an savings, including Mori
results an post veracastor.
31. Green Attributes - Any and all parts, benefits, emlestons reductions, of rests, and allowances, how-.oevar
entitled, aribui to trial Canhact, and its avods emission M pollutants.
32. Hard to Reach Market Sectors or UndervSeas Communities and Customer Group -Those customs
who do not have Mary acre" to program information or generally do nM nameless s in energy Will
mogmms due to a language (primary larrguagm spoken Is other than English), shoal business size (less
than ten employees) Mayor, geographic (businesses In areas other than the San Frandsm Bay Area. San
Diego area, Los Angeles basin or Sacramento) and/or, or lease (rwastraenla in Improvements to the
buiking benefit the business only during the lease perks landlords bereart longer).
33. HVAC -Hearing, Ventilation, and Air GOMition m; Systems,
3a. linHause- Programa Mat are managed and implements directly by the LOP "a Subcontractor to LGP,
an In which Me commit ler the Werk a not had directly lemeam PG&E and a Mia party.
35. Insured and Versed -The swings resulting from Installs equipment, verses according to the PG&E-
apyrovs Quality AssuranceyQualiry Control Plan (QArQC) an approved in writing by PG&E.
W. linds laylmplementer—A PG&E authorized third pant contractor who installs EEIM
37. Intellectual Property Rights- My an all now or bermfierknown targhle and intangible: t1)rghls
associated with works M authorship, Including copyripM1ls, moral rights, and mask -works; (2) trademark,
ervice mark, trade name, and tram dress rights and similar ni (3) trade Moet rights; (a) paents,
designs, algariMms, and other industrial property rights; (5) ocher InnateMel and Industrial property rights
(of every kind and name and however designetedi. whether arising by operstion of law, contract, license,
ar otherwise; (6) registrations, application , renewals, extenuatory, mrhlnumme, contlnumonshm-part,
divisions, or reissues of any of the foregoing new or hereafter In force: and (7) rgMs in any of the
foregoing.
Page 37 of 77
MANMW a0 aml6a
Ihrywo Nams. amts Ei Wad
38. IOU -M Investor owned Will Inducting, but not limited, to Pacific Gee and Etschic Company rPG&E'j.
For Me purposes of these Specific Com itbns and unless indicated othervdee, all references to an IOU
shall mean PG&E.
39. kW -One kilowatt of electricity.
40. kWh -One kilowatt-hour of elecbidy.
41, Legacy Projects - Nan -Direct Install Projects den6Md or hating some activity whits may move the
Customer to action, prior to Me Program Launch.
42. LIFE - PG&E's Low Income Energy Efficiency program.
43. Load Management- programs which stuck or Mih shams peak demand away from periods of high coat
elec ncity to noriyeak or lower cost time periods, with a neuhal effect on or negligible increase In second
use.
44. Lost Opportunity - The commands when a Customer does not install an Energy ERdency Measure Mat a
cost-effective ad the time, bit whose installation Is unlikely to W Waffirch e d the Customer attempts to
Install Me same measure Wier.
45. Market Barriers- Impediment or entrance to work associated with the energy watch program.
46. Marketing Matei- Materials marling the requirements of Section 3.1,6.
47. Marketing Plan - a written plan meeting the requirements of Section 3.1.5.
46. Maximum Demand(kW) -The highest demand (measured in kW), fora given Customer service.
agreement, over a 12 mats perind ler those Customers who have, and are, billed on a demand trader.
49. Net JUIpSad Peak Savings (kW) -The sum across all Measures of their average July through September
incidentpeakreduchons. Peak a based on units Installed lneach year. regardless of the actual quarter
of Installation. For hourly load shapes comment park is domed as the load during the five highest
system load hours in each month. Fwbme-af-use based bad shame, coincident pan is the summer on -
peak kW inductlam The value shall aao W adjusted Wthe net W gross Mio.
50, Net Peak kW -Peak Maestri s deemed to be Me peak kW savings hom the Database for Energy
Efficarl Resource (DEER) for measures where data are available in DEER. For measures that are not in
DEER, the peak any is detemlined by using Industry-acrepled calculation memadaloglec approved by
PG&E, based on DEER definition of peak kW. The DEER definition of peak kW a the average gad seval
impact for Me measure from 2 Pin tr 5 pm. duo r the tMar consembw weekday periods wntaining Me
weekday wits the hottest temperature of the year. DEER maddens these Mee contiguous peak kW days
for each of Me 16 C3140orm climate zones, band on the weather data sets developed for the Caldomin
Title 24 Building Energy Efficiency Standards. DEER also defines a secondary peak demand period for
educaPwnal facilities and other buidings that tend to operate at greatly reduced use during the peak
demand period defined above. Far this purpose, DEER uses Me next highest peak dudug a period 0
which the facility Is operated in fuu-use mode. TM t t Peak kW value is tM Peak kW as defined above
adjusted for the net -tar gross retic,
51. New Cowtrudion - (i) new buiMing projects wherein no &ordure or eke fo print presently exist; (2)
addition or expansion of an existing building or site footprint; or (3) addition of new load, as In the example
of an existing site adding a crow process.
52. Nonresidential - Facilities used for business, commands, agriculMal, institutional, and industrial nations.
Page 38 of 77
CWa Nwi steel
Vryrm Neme:fmrw Erory/ WNd
53. PG&E Program Manager - The PG&E authorized representative reeporpiple for adMnutering MN
Contract', mongodrg Conrad activities, Deliverables and expenses for PG&E', and authormng Invoices for
payment.
54. Program Management Plan ('PMP') -A Program Management Plan Met Is in accordance with Me
requirements apedfled in Exhibit C.
55. PPA -A Program PaNdpation Agreement
56. Program -Energy Efficiency activities and programs Mat advance PG&E's procurement needs through thal
administration of this contract
57. Program Adminhar to Cost CPAC') Ted - The measurement of the net resource benefits from Me
pemwcbve d all relepeyed; by dealsnirg Me net berleflts dthe program to participants and non-
pancipena. The rpt resource benefits are calculated by suMractirg her costa of Me Measuredequipmem
installetl and the wets inwned by the program administrator (including any financial industries or rebates
pall to the participants but net including the costs incurred by the participating Customer) from the cods of
Me supply-side deputcee eliminated or defamed
58. Program Energy Savings -The savings specified in Secton 1
59. Program Launch -The time period after which the Program is accepting Customer applications.
&o. Program Paril(patlon Agreement - The document which LGP most use to secure a Customers
Commitment to participate In the Program and Commitment to install the Program Measures. The PPA
shall demand p) the valid sgndura by the Customer or an autlwri ed representative of the Customer est'.
(Ii) Me wuntd-sgnaWre d an the PPA by LGP or an authorized representative of Me LGP, signifying
LGP's acceptance of the Customer application to wrtidpate In the program.
61. Program Namp�Down Plan - A plan to ramp down the Program, as described In Section 3.8
62. Project -The Installation of Measures d a Customer facility.
63. Proprietary Information - The Customers acccum information and information relating to theirhdHliBs,
equipment, amodive, products, specifcedarts, designs, radmis, data, softwara programs, Customer
identities, marketing plains o manufacturing processes or products and any technical, commercial,
financial, or customer interested of PG&E obtained by Contactor in connection with Mie Command, ether
during the Term or prior to the Term but in contemplation that Connector might be provides; the Services.
Including. but limited to, a Customer's enerov were and Where data Mich may by infortndin owned by
panes. In each case 'Proprietary Information' also ndudes any such confidential Information deny third
party disclosing such confidential information to PG&E or Contactor In the course of such third party's
employment, eigagemwt, business, or other relationship with PG&E or its parent, subaidlary, or efillated
companies. If Contractor is In doubt about whether certain information re Proprietary Information.
Contactor will teat Met Information as such.
eq. Public Goers Charge - Non -bypassable systema berm surcharges Imposed on retail electric and gas
customers to fund energy efficiency, renewable energy and research, development and remembered,
and low Income assistance programs.
65. Quality Assurance and Quality Carl Plan - The Quality Assurance and Quality Control Plan section of
the Program Management Plan. In accordance with the requirements of Esrlibt C.
W. Rebate or Incentive -The monetary amount pati to the Customer In artier to obtain a specific ad, typically
the irstallatlon of Energy Efficiency equipment.
Page39M ]
LWa mi aaNamtlm
Irngnm Mme'. Ficin Energy YMN
87. Rebate Program -A Program that encourages Customere to undertake a specifid so typically Installing
energy egkdency equipment, by provdag a monetary amount (rebate) Mowing Me completion and
veriflratian of Installation.
W. Records - Documents stating or supponng results achieved or providing evidence of adivr es performed.
Records may vary depending w scope of work and program goals but include any documents that
demonstrate conformance to program requirements. Including but nM W dmtad to, completed and signed
Customer applications, trial data, energy savings calculations, training make and subject annual
GA/DC Inspection data, proof a Incentives paid to Customers, project cost data, final approved program
dormers (GAJOC Plan, Program Management Plan, Marketing Material), Customer forms Iradal
that Customer has not recelvetl other Ins a Ives for the msiaure(sl (descriMd in Segion 25 Prevensw of
Double -Dipping), along with evidence of Pi approval thereat audita, and any other documents
demonstrating compliance to the conditions of the correct.
W. Resoentaal - Existing singer family resonances, multi -family dwefinpe whether master -metered or
Indivdually metered, (def eel as dwellings of five units on more width at least one wall or wlland he common),
and bsidlrgs Mat are easentlally resoentaal but used for commercial pure real Indgdmg, but not Handed to,
time shares, vacation homes, etc.
70. Retrocommissbning -A syaterni process for optimizing an existing bullding's performance by Identifying
monsoonal defilewle and making aassary adjustments to correct the system.
71. import -1) Construction Mat Involves compete removal, redesign and replacement of the energy
consuming systema of a buadMg or amass; 2) projects that require design and selection of new systema
based upon Me needs of new of modified space funodom(e); and 3) major tenant Improvements Mal acid
aur load.
72. Sella Terri- The geogmphlcol area served by PG&E.
73. Task or Tasks - Any and all items of work W performed pursuant to Me Scope of Work and in
accordance with the arms and conditions of this Contract.
74. Tntal Program Net kW Savings -The User -Entered kW savings associated with Measures Implemented by
L(SP and approved by PG&E. For Me purposes &this definition. savings are determined ex ante and will
net be modified ex poste.
75. Total Program Net kAh Savings -The annual net kWh earnings associated with Measures implemented by
LGP end approved In wdtirg Dy PG&E. For the pumaees of this defingiop savings are determined w ante
and will not be modified ex poste.
78. Total Program Gress kW Savings - The annual gross kW savings diameter! with Measures installed by
LGPamdapprovedby PG&E. For Me purposes of this demalon, savingsaredeemrinedexanmandwill
not be modified ex pool.
A. Total Program Groes kM Savings -The annual grass kWh savings associated with Measures Installed by
LGP and approved In wntbg by PG&E. For Me purposes of the definition, savings are determined ex ante
ant volt his be modifed ex post.
78. Total Resource Coat (TRC") Test- The measurement of Me net resource benefits from Me amine live of
all ratepayers by combining Me red bereft 0 Me program to participants and non -par i spanta. The net
resource benefit are calmitM by suMmdbg the costs of the Measums equip eM inMiled and the
toss Incurred by the program administrator (Including this wets incurred by the padid"i Customer but
not including the ware incurred for financial Incentives or rebates paid to Me participant) from Me costs of
the supply-side resources eliminated or deism".
Page C0 of 77
CWI.Nvi 211(OWI fib
P Ww Nam. F nno Emmy W uh
Ezh@B B: Scope of Warlr Deliverable Schedule
Task l: Set Op
Program
Monthly Repomig Templals
Oren
WMn 3) calendar days a Centract
execution
Flnal
One weak Mlowin PM comments on daft
Detailed Schaduls d Actwifes
and Monthy Work Plan
Draft
Mhn W calendar differ a Conduct
execution
Final
Care weak MissingPM comments
on daft
Prognam Markding Plan
Oran
Wmnn 45 calendar days of Contact
exertion
Final
One weekfdkavin PM comments on daft
Pori MarkWrg Materials
D�
One month or to planned di ndNicn
Final
Goa week Mb'Mn PM commend on tlafl
Prcgram Wed See Consent
Oran
Goa maMM1 following PG&E approvals
marketig plan and on -ping for new and
owed materials
Co-Markatrg Program
Materials
Draft
One month for to Tanned distribution
Flnel
Ona week folbwn PM comments on draft
UK Materials
Dren
Within 30 calendar data a Contact
exec Won
Final
One weak following PM comments on drefl
Progrem Description
Dreg
When M calendar dela a contact
execution
Final
One weakfollown PMcommendondaft
Coodirabon and lnfunden
Plan
Dark
WMn 30 colentlar tlays a Cmaact
eRICOM
Find
One week fdKinveg PM commend
on draft
Program Management Plan
Draft
Wahn 45 calendar Cala of Contract
execution
Final
Ora week Mewing PM comments on Taft
Program Forms
Draft
Wd im 30 calendar days of Conned
exec Wan
Final
One week following PM comments on dM
Task]: Lsuuch
Program
Program PowerPOM
Presentation, OBADocumenl
about Program
gafl
WVIn yen weeks a samplers receipt from
PGBE
Final
Ora week Mewing PM comments ondrefl
Training Agenda
Dreg
One week prior to Program taking
event
Fmel
Two buamdrs days Mlawkg PM commands
on draft
Notification of plan to implement
Merkadng Campaign and Relered
Coordination Plana
One weak pilar M Program marketing
Implementeflon
Windily
Marketi Ad" Log
Monml
Copies a New Merkedng Measure
and Web Content
Monthly
Task 3: Enmll
Customers
Audit Report
Moistly
Tack project outcome and
recommemircons, referrals, and
customer Intuence
Monthly
Paye 41 of P
GVbkaawcar xssnwrm
Pwawwaw,w. Fweo P,wwrwaah
Tasks: In¢1ag Energy
EfO ent HT :m
and Pr 'eof
Pro'ed Com eBan Re M1
On ai
F1ekl Ve ficaean Faun (par Pruned)
Ongoing
77M4Date
hrhRcMllwaornPfrt
ieonh
eM
dcthtlaa
WAM75eBad1ar
nGMkg
3ue5llae aluparaM1cviaua
qf4ondroCndnPeeUnaCcM
BepE
ra
Februo 28 2013
Task M Strategic Plan
Repor0rg
Plan of LGP'a GWget,
adlvi0es and mebip
Drag
WOhin W calendar Ceys of Comped
a sec Won or wiMln W days; of demand by
POSE
Final
wee
Ona k fogavvinki PM wmmerne an Neff
Task 2: Perform
Customer Feedback
Surgays
Customer Feedback Surveys
Ongoing
Task 8: Address and
Resolve All Customer
Issues
Customer Swabia L
MmMI
UnadNessed Customer Camposint
Loo
Within 5 business days of comptaim receipt
Task 9: Ramp Gown
and Shut Down
Program
Program RamppL awn Plan
Craft
Two seeks Meant; nng PM rsqu M!, no
Men November 15, 2012
Final
Oroweek tolgain PM emso:::
on Shut-0own
Nodllpgan
Cr�
Two weeka followirp PM request, no later
than November 15 2012
FlNI
0ne week fdlwnng PM cwnmante an Ora0
Task 10: Submit Final
Program Report
Final Program Repan
D
Febm 1, 2013
RnW
Feruawy2fi, 2013
Page 42 of
CAN tsma,,rm311
Eahlhlt C. Program Management Fri
Tats outline is intended to Provide guidance In the crashed of LGi Program Management Plan and Is subject
to revision Mragh collaboration between LOP and PG&E.
1. Introduction: Summarize objectives and Me major components of me LOP
a. Program Overview
In. Goals: list energy saving ad non -energy saving goals
a Targeted Customer Segments, Eligibility Requirements
d. Program Oates
e. Stan and Sabcontractor Responsibilities
1. Team Org Chi - departments subcontractors, and assailig structure
0 Key sen names, biles, and responsibilities
I. Local Hiring
it. Work Scheri Methodology
h. Implementation Tmeable (template provided by PG&E)
1. Coordination Plan: Indicate him LOP will coominste with other programs offered by PG&E
J. E3 calculator (template provided by PG&E)
k. Pracaes for Providing Incentives: Discuss process and requirements for Incentive payment to
customer
I. IRS 1099 mponirg procedures
2. Program Elements'. Describe entivides In the fallowing areas:
a. Energy Efficient Rebi (as applicable)
Implementation Process
it Eligible Product specifraton or standards
b. Direct Install (as applicable)
I, EIigIlNeproductspacigcaflonorstandards
i. Single Family and siuthfamily Direct Install
i. Implementation Process
a Retra-Commiasioning (as applicable)
I . Implementation Process
ii. Eligible productspecifratlon stalwarts
d Technical Assurance (as applicable)
L Energy Assessment Reports
11. Audit SaMces
a. Policy Assistance (as applicable)
I . Policy development and Implementation
it Codes and standards
3. Management Activities
a, Meetings
In Communications
c. Data Collection and Management
it Predicting
e. Customer Sagsfaction Surveys
4. Marketing and Outreach Plan
a ObjectJves
In. Target Audience
c. Outreach Activities
it Coordination with other stakeholders
a. MCMMing Material and Collateral
I. WebsiastrucNre(mappllcable)
i_ Co,Branding
I Markanit; Message
L Outfirie the major components of the message
i. Customerdlsclosureted and padnemhipagrearrevil
g. Marketing Schedule
Page 43 or Tl
MAHunbr. 2e)M91M8
In.
Distribution Channels
5. Training
and Educal Plan
M.
Objectives
to
Target Audienoe
c.
Classes
I. Schedule
Curriculu m
e.
Whops
I. SGledule
g. CuMrulum
S. StrategicPlan
a.
DeSCiplbn ofediviliea Mat Promote the CA Energy Efrwiency Strategic Plan
b.
MatioforactivXies
C.
Pa'PendldresaswdstedwhllgleseadviUes
T. Duality Assurance and Quality Control Pian
a.
Verifiratbn: Dexdbe at a minimum the Percentage of Inspections to be conducted, the
inspection agent and who will Pay inspection costa
L
Trm*ing customer complaints
C .
ResoMrg customer complaints
d.
Avoiding double dippbg
e.
Dispute resolution prorndures(appl'as to subcpntraaas and customers)
5. Appendix
(include appropriate Program documents suds ae apploadons and agreement)
Page 44 of 17
CHP Nunbr Vire 1W
Exhibit D: Allowable Geographic Areas, and Customers M be Served by fh/s Program
Fas Exhibit D describes the Customers and geographic areas that LOP may carve. LGP shall net serve any
other Customers under this program WM W to prior smash approval of the PG&E Program Manager.
LGP uaeatalds and egrets that other LGPs, including PG&E, other local governments or other partnerships,
and third Path Implementers, may serve the awe Customers, ale same geographic sanctions. and the same
antl uses as LOP'a program. In addition, LGP understands and agrees that other LGPs may after different
Incentive levels for the same Customers and same Measures covered by LGP's program.
For the pu@oes of avoiding customer confusion, ensuring customer saasfachon, and avoiding duplication and
overlap of services amore the Program and ofenti of other LGPs as described above, LGP shall abide by
the assignment of Customers; and geographic area as descaad below and In any other such assgnment
agreement provided! by the PG&E Program Manager, and as agreed to by the LGP and any often program
offering similar services and under Me adman station of PG&E. PG&E reserves tM1e dght in Xs sole and
absolute discretion to amaa these assignments during the course of Me Program. No deviation ham tame
assignments Is pertniaad Without the primes n consent by the FG&E Program Manager. See also Speck
Conditions Section 2.23 (Demand -Side Management (DSM) Coorlinshm and Integration) for fuller
information on coordination and Integration.
Eligible Customer Geographic Area:
LGP shell serve Customers In the enriched! geograp tc areas of PG&E'a Service Area'.
Geographic A (e.g. city, county) Description of Customer Sagmmd
County aFresno MuniI
S at District
Non refit
Small Business
Residential
Note: 1i I aht 0 are risfultualfo Itl Iia - non-profiffir and sbecald
LGP full not have right afgmt reNsal to customers listed below and LGP Call not serve to following
oustomms unless whor®d by PG&E.
1. Lodging- Customers In the Loading mantel aeclor define! here as businesses that offer overnight
accommodations (NAICS ]2111x, ]2118x, 7213xx).
2 K-12 Schools- Implementer may serve only Nose puck and private schools located In the
Implemente's acalgned territory Nat dedlne to participate In either Ne Remurce Solutions Gimp's
Schools Energy Efficiency Program or PG&E's Schools Resource Program. This Ambition applies
regardless of to stlrWl district student popuhtion or location (NAICS 6111xx).
3, Colleges- Customers In to college market sector (NAICS 6113xx).
4. Pre -Schools- Customers In the preschool restrict sector(NAICS 6g xxt
5. Subliminal and Groceries- implementation will only lower neighborhood, privately owned grocers
up to a Maximum Demand of 200 kW who do not have existing muXiplex refrigeration systems and
do not have more than 10 stores total located within PG&E'S service area. Far Custwarr In thio
segment whose refrigeration equipment includes multiplex systema, no services wlil a offered,
Implementer will refer these Customers to their Contract Manager for distribution to other.
Convenience stores Mat are chains are eligible regardless of the number of stores in the chain as
Page 46 of 77
maI 2601
long as they tall otherelgi efty chase presented here fa aupermerkMa and gramme (Ni
445=).
5. Wineries- Customers In the winery market sector(NAICS 31213x).
7. Waste Water Treatment Plants- Customers In the wastewater mornerd market sector (MICS
22132x1.
8, Tdbal Casinos- Customers In the tribal casino ma*et sector(NAICS 7132xx and 72112x).
9. Fumdure Stores - Customers in thefumiture store market sector(NAICS 4232xx, Atm ).
10. Private ParNrg Garages- Customers with perking gareges(NAICS 81291x).
11. Cables- Custo rrers In Me dairy market sector (MICS 11212x, 3115xx).
12. Nursing HomeelMedirall Othce- Cuslomers In the nursing hmmB/rrlByie91 office market sada
(NAILS 82lm, 023=).
13. Medical FacII9les- Customers In the medical facilities market factor Include nursing homes, metllcal
office hulMings and hoagtals on an El rete schedule or that are pmt of we of the larger headh
organizations i.e-, 8clsee VA, Sister and Catholic Healthcare West.
14. Common Area d Mobile Home Parks.
15. Bowling alleys, movie theaters and heaters (MICS 51213x, 71395x)
Pace 48 of 77
MANumMr 25003 0
Exhibit E: Program Padicipatlon Agreement Requirements yorLGPs with In -House Programer
As used throughout MIs document, the term "Party- means LGP and Customer, collectively me 'Parties
Nob: LGP may login their spaclhc tome and conditions language In Items 1-8 below. Any
modlficaeons to the language In Me general surge and conditions must he approved In w ng by the
PG&E Program Manager.
Speolfic Terms and Conditions
1. Feasibility: PG&E s and/or its consultant's review of Me design, construction, operaatlon or ma namarwe of
the Project, Energy Efficiency Measures, does not constitute any misestimates as to the economic or
technical feasibility, operational capability, or reliability of the Project Measures LGP is solely responsible
for the economic and technical feasibility, operational cNaloddy and reliadlily of [LGP a] Project and
Measures. (Note. this Rem must d included in applications and agnwmsdenp Iv a LGP is providing
design small No, and & PG&E (ad]or PG&E'a consuhent) is or may be reviaaing the design, etc. If
PG&E is not mviewllg any of these team. the entire IN sentence should be removed.)
2. Savings LGP Is Implementing the Project en Customers behag, Customer understands and agrees LGP
is solely responsible for ensuring prided savings are calculated using the appropriate basetine and Me
Project is installed aaording to Customer's specifications ed Is delivering the estimated savings.
Customer understands Incentives will be paid only fa energy savings Mal exceed CoMer is Title 20 ad
The 24 standards, w Industry standards in the absence of applicable local, state or federal standards.
(Nate. This her must he included if LGP provides installation service outside of program)
&. Program Dabs: Ail Incentives must he paid and all installations must be completed by 12131112.
Applleadons medics postmarked by _I_/12 in orderfor incentive to be processed and paid by
m31)12.
e. Project Commitment Process: The stepby-step commdment process
fi. Qualifying Equipment:
• Customer Is responsible for amusing Me producgequipment specification to make Sure that all
requirements are mat
• New products ordered, Purchased and installed prior to _1_1_1 If 0 or after 1&31112 do not quality for
an incentive . Resale products, models lased, rebuilt, voted, received from wenanty or insurance
Calms, exchanged, won as a pride, or new parts Installed M Noting products do rKK qualify.
6. Submittal requirement
a. The documentation whim must be submitted by Contractor Is:...
b. The documentation whim must be submitted by Customer ie....
]. MeasureorShe Delalle: Measures ellgibla tohelnstalkd are'_.
8. Eligibility:
a. Customer must be an detlric or natural gas Customer of PG&E wtM an active meter serviced by
PG&E.
b. Customers In Me following geograph's areas of PGSE's Service Tertdory are eligible: ILGP please
list)
8. Incentive Payment:
e. Eligible Measures and associated energy savings are'. (Ilst or mtlude fn abammeng
Page4] W P
MANien[er aeWI01]6u
b. Energy Savings calculation methodology, inciudlng beSalig calculation for calculatetl projects and/or
minimum efficiency standards as applicable is attached or Is as fosses....
C. Expected incentive payment and Payment calculation methodology Is
General Tema and Conditions
1. Funding: LGP is receiving fundshom PG&E farms Project, bat the Parties agree that PG&E is not III
to eiMer Party for any losses or damages, including incidental or wnsig uentlal damages, arising from MIs
Agreement PG&E makes no representation or wanarrty, and warn mea no liability with respect quality,
Safety. performance, or other aspect o any design, system or appliance Installed purauent to Me
Agreement, and expressly disclaims any such representation, wanamy or IIxbIIOy.
2 Incidental and Consequential Damages. BOTH PARTIES AGREE NEITHER PARTY SHALL BE LIABLE
TO THE OTHER FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
g. Life of Product: Customer understands Incentive Payments are based pn related energy barreMe over the
Zile of Me product. Customer agrees X 1) Customer does not Provide PG&E w0l 100%o Me related
mingfib for Me life of Me product or a period of 5 year, emchever is bas, or 2) Customer ceases to be a
disbibmlon Customer of PG&E during acid time pants, Customer shall refund a prorated amount of
incentive payments) b PG&E based on the actwl period of time far which Customer provided Me related
energy benefits as an electric Customer M PG&E.
4. Cusfomem will calf generation" abllRbs: If Customer has existing Per she cogeneration orse0-
generation, LGP shall no pay intent for energy savings that exceed Cuslamera annual anergy usage
from PG&E. KWh, kW and therm savings are limited to the previous 12 months quantity o kbYn, M.
and/or Morns purchased from or delivered W the utility on the meterts), serving Me equipment to b r
Installed, for which Me Way collxls the PPP surcharge. The Previous 12 months are defined as the
calendar year prior to the date the customer submitted and signed the Program ParmipaBon Agreement
(including usage from Standby Semo0 and Iwo Savings associated with pending energy eloency
application). This policy is subject to change with 20 day written notice to Customer.
5. Incentive may not exceed Project cwC Customer must submit Project invoice(c) which include: vendor
emeladdressl"ne, i emized listing of producgs) including quantity, Product descniffil ), manufacturer
model if, and other identifying Intormation as approptlate, Pixi cwt, date imalce paid or payment terms.
and ventilation sea.
fi. If Tenant If a tenant, Customer Is responsible for obtaining Me property owner's Permission to Iwtall Ne
measuregs) for which Customer is applying for an incentive payment. Customers signature on this
application indicates Customer has obtained this permission.
T. Access'. Cuabmer wlll allow, if requested a representative from PG&E, the Cadomla Public Utricles
Commission (CPt1C), LGP, or any outhoneed subcontractor reasonable access to Family to verity Me
Installed product.
0. Compliance with Laws: LGP shall comply with all federal, state, ano municipal laws, ombames, miss,
orders, and regulations, which apply to es actions at Me Facill or to the Project.
9. Advertising: LGP agrees not b use the names or identifying characteristics of the Customer's Facility for
published Project reports (except to fulfil recording requirements to PG&E andlo the CPUC), adveNsirg,
sales pronotion or other publicly Amout Has Cwtomers written approval. In addMon, Customer agrees
not to use Me names or identifying chamctenaliw of LGP for published Project repots, advertising, sales
promotion, or other publicity without LOPS written approval.
Page 4B of 77
QA,, � e(Kii
10. No Double -Dipping; Customer mtldslands Nat Customer paned secebre incentives for the some
product, equipment Or service from more than one California Investoroaned utility or third party Energy
EMckncy pogrom oft N IrcanOves forthe same prtluq, eyuipnenl, a service funtletl with CPUC
Public Goods Charge funs. Customer understands this prohibition applies Nree years prior to an these
years after recolving Ne incenmec for the same product, equipment or service.
10. Ne Dblige0on: CalifomuwnWm mamnoloUi medto Nmhaceany Nilf "MceoraNers w
Trot tuned by Nle Program. This PraOram Is funded by Calftomia olilby ratepayers under the auspices of
the CPUC. LOS sumi ms en California no dean obigedos a cwnprersenscios campamsD
adfrromaes qua noeslancubledosbajo esleprograma Esfepmgramaesfdfinarrciadoporlosususriosde
emiiclos pablloos an Caldomla by Is junwincibn do le Comisibn his Serviclos Pfrbardi de Calilomia
(CPUC).
11. Availability of Funds: This program is available on a Ont -come, first served unit allocated funds are
depleted. This Program may be madMed or fmmindetl wfthout police.
AGREED AND ACCEPTED;
LGP CUSTOMER
Spired:
Data
PG&E Service Agreement
PG&E SeMce Agreement
Tax SWWa: (circle one) Cindormon partnership IndlNduagSole Proprietor
Exempt (Tax exempt, non-profiQ
Taxpayer ID 0: (circle one and fill m) FIN Federal Tax ID SSN
The value of incentives an Bred Installations Is taxable. LGP will mpod incentives and direct installations
greater than MW to 0re IRS on Form 1099, unless you are exempt. Please consult your tar advisor
concembg the taxability d Incentives. Customer, not LGP, Is responsible for any taxes imposed as a result of
your receipt of incentives from this Pro0ram. 10% will be Issued for Ne Customer, regarEkss of who the
payee is, because the Customer moely rs the benefits of the incentives.
Page 49 0 77
C ANMn l Sb3 I1
Exhibit R LGPApp "d Billing Rabe Lor Labor
Ornantranon
Pmhlon
Minn W
City wFreaw
Pmnrem Mon9gn
$W.W
CIH w Fmno
Engmmnl QA
Ins etlsr
66360
City w Fnmo
Senior urt CW&
I SchadWer
43800
P gefflwn
IXMF NumMr 2540]m]68
Exhibit G: Invoice Reporting Requirements
Monthly Reports
LGP shall submit was following fike to PG&E by the 19e day of each monM:
• Measure Fib
• Invoice and Financial Files
• MonMly Nanafiva
• Monthly Deliverable Warksheet
• Accruals and Forecasting
During Task 1, Set Up Program, the PG&E Program Manner Wit work wgh the LGP to develop specific
vereioa ofthe measure and financial files that coreade to Me Program.
Measure Mapping
Goring Task 1, Set Up Program, PG&E Program Meagenwip waM wph Me LGP Wall all Pogom
Measures to equivalent PG&E measure names prior to repodlrg achievements. Any additional measures will
only be mapped on a ase-lfil basis, wkh prior approval of the PG&E Program Manager.
LGPs continuing into 2010-2012 hdn 2006-2009 stall conduct measure mapping using Me Measure Mapping
Requirements Template provided by the PG&E Program Manager during Task 1, Sri Up Program.
Measure File
The measure Me Includes all data elements required to dmunrent Customer Commitment and metal
activities. The measure file shall be used to record Customer Project -level activities, Including Commitments,
measure latslladons, ars Incentives. When the measure mapping activity is complete, LGN shall submit
Pojed specMc, Measurelevd data each month via a ensure online file transfer system, as specified by PG&E.
PG&E I currently updating reporting tools and requirements, but antidipsas that the required format All be a
flat file (ASCII CSW. The tom itfor this Me and fits tender requirements will be provided by the PG&E
Program Manager during Task 1, SM Up Program. LGP shell adhere to Me requirements Mersin.
Invoice and Financial Files
The Musical file includes tabs for reporting Time arra Materiels -based advise by Task, expanses accon ing
to CPUC categories, and a Ilat of all CPUC allowable mets.
The fib format will be provided by the PG&E Program Manager during Task 1, Set Up Program.
Invoices
Invoices mus incude the following components:
• Measure File
• Involca and Finantal He
o T&M AcWilles: For ea& Task, provitle Name, Hours worked, Rate, and Total.
o Expense Summary. by CPUC category: Admin, Munising, and Direct Implementation Mom-
incentives
nomIncentives and IncenWa),
Page 51 OM
aweaa,edr wr0c ,
Monthly Namtive
The monthly narmfM shall Include a summary of me Program conscious and achievements and a discussion
an the fdkwing Program adwites occurring during the month:
• Expanse Summary Table
• Energy Sa"i Summary Table
• Summary of Program Accomplishments and LGP's assessment d Program Performance and status (Is
the Program on larget, exceeding expectations, or falling shad of expadationa, etc.)
• Adminisbafive adGNtles
Maresting adhMes
Direct Implementation adivl0e9
Shategic Plan Pagel
Coordination and Integration A Wws
Summary of cudomenlproleds that receive both Pudic Goods Charge (PGC) and funding under the
2999 Federal Amended Recovery and Reinvestment Ad (ARRA)
Changes In Program emphasis (new program elements, less or more emphasls on a particular celivery
strategy, program elements discomm ued measured discontinued etc.)
Near term plans for program over the coming months (I e., metlaetlrg and outreach efforts that are
expected to significantly Increase program participation, etc.)
Staffing Charges, if any (include compact information and wbcontredor changes)
Additional ledormation
• Customer Complaints and Resolution
Monthly Deliverable worksheet
LGP may also be required to submit a worksheet (formal to be provided by PGBE Program Manager) that
oWlines spedflc dellvmebles aaomplished againsttha Tasks fisted In Sedion 3, Stype W Work.
Quartets Reports IAs provided by PG&B
LOP Put submit a company report normative that Is used in regulatory repomng to time CPUC using the following
formal:
Program Name: Enter Program Name
Program Number: PGEXRRX
Quarter: Specify Quarter ant Year
1. Program description
2. Administrative adhities
3. Marketing adivitlee
4. [Fred implementation confuse
Pace 52 of T]
p Nu 250(301708
5. Program perfamanodprogram status
Ll Program Is an larger
Program is exceeding expeWaGoem
Program is WIN spoil of expectat one (eVien)
8. Program achievement(mmrosaurca Programa only)
7. Changes in program emphasis, 3 any, from previous quarter (new program elements, less or more
emphasis on a paRlCUlar aeldhery analogy, program elements disconYnuej, measures discontinued,
hWget changes)
S. Downs; roar -tern plans for program over the coming months (a.g.. immerging and ommough efforts that
are expected to signifmadiy increase program Participation)
g. Changes to staffing and stag responsibilities, it any
10. Changes to comment. If any
11. Changes to contractors and contmdor respomlNGibe, it any
12. Number of wslamer complaints received
13. Ransom to program theory and logic modal g any
Page 53 or 77
MA Nummr PNIm,H
Exhil It H: Regulatory Reportlng Requirements
1. Program Reporting
This Exhibit H details PG&E's regulatory repIxi g requirements to the CPUC, smoothen those exceed In
Eotibil G(ImoiceReporng Requirements). LGP shall provide PG&E with the information specified below
with rasped to the prior month's Program activities, accomplishments and expenditures, for p rboaes of
Preparing repods required of PG&E by tyre CPUC, inducting Me curer! Mmnlhly, Quantity and Mesal Reitman
to the noting Mat me IMormatimn is not provided by to LGP to PG&E through the Invoice Reporting
Requlrementa w squired in Exh'IMI G. Requirsmentsfor Mese reports may charge per the dlreMon dose
CPUCor Me CPUC's EnegMDMwcxr The torten reporting requirements are as bllaws:
2 Monthly Report
LGP shall Provide PG&E with Me regulate IMmmatimn to be compiled for the monthly por io mpoding.
2.1 Program Data
Program Costs (m4 reported cumulefivoitocate (elan relished to as inwpdon-(wlafeJJ
- Total emulative commNnents (limited to Incentive commitments)
Program Impactor (savings reported cumuhmm-toddm (also Warned to as vwepgon-to-Carte))
-Total committed (limited to incentive commitments) net kW, Will and Therm savings
2.2 Program ChangesMew PmgmmlMormetion
If ePPlkable, the fdlawirrg mrsrmailon shall be mpoaetl In (Ire MortUry report
- Identifratlon of program terminated during the report month
2.3 Other requirements as determined by the CPUC or Me CPUC's Energy Division for monthly
moor e
3. Quarterly Report
LGP shall pri PG&E with the Moves information to he compiled forme quanedy porifollo reporting.
3.1 Program Narratives — For the program, a description of the program adwites o=Mng dumig the
quarter.
a. Administrative Mry ies
Is. Marketing IMvilies
c. Direct Implementation adivilies
d Discussion of changes In Program emphasis (new program elements, less or mom emphasis on
a particular del'nery sVagegy, program elements discontinued, measure discontinued, ate)
e. Discussion of near term plans for progrem over Me wining months Ike, marketing and
outreach efforts Mat are expected to significantly increase progrem par idpation, etc.)
f Changes to staffing and stag responaiNlltbn, gany
g. Changes to conlacts, I any
h, Changes to subwntredors and subwntmdor responsibilities. if any
Number of Customer wmplaints received
j. Program Theory and Logic Model if not already provost in the program's mosamentmon plan.
or R revisions have been made.
LGP will provide additional data or information as required by the CPUC.
Page 5,r of
C A!Nmlm 2501
a. Reporting Terminology Defrngbns
0.1 Program Budget -The Poll budget is Me LGP's total program budget as authorized by Me
Contract
6.2 Direct lmplementahon Expenditures- Costs issmlated wtih acilvkies Mat are a direct interface
with the Customer or Program participant or reaplent (i.e., LGP recall training). (Note: This Is sell
an open issue, the items mrouded In this dotal may be changed by the CPUC pending discussion
an the appliaagon of the State's Standard Provera Manuel.)
4.3 Report MOMb-The month for which a particular Monthly Report Is providing data and infannabon.
For example, a report mna nng the month of July 2008, but papered and delivered later Man July
2008, would still be Mled July 2008.
4.4 Program Strategy -The method deployed by a program In ender to obtain program participation.
4.5 Program Element -A subsection of a program, or body of program spotless wghin %filch a all
program strategy, Is employed. (Example: A body of program avimtlee employing brth an upstream
rebate approach and a direct install approach represents Iwo discrete program elements.)
5. Measure ClaeaIBcaBon
5.1 Measure Endi
Each Energy Efficiency measure reported Shall be dan ended into one of the fdbwing endues
categories'.
Residential End Uses
Deratfel End Use
Aggregated End Use
Clothes Dryer
Appliances
Clothes Washer
Appliances
Consumer Elecironim
Consumer Elesromm
Cooking
Cooking Appliances
D'rehwaeMr
Appliances
Other Appliance
Appliances
Building Shall
MVAC
Space Cooling
HVAC
Space Heating
WAG
Interior Lighting
Lighting
ExlenM Lighting
Llghtire
Pool Pump
Pod Pump
Freezers
Refrigeration
Refrigeration
Featherston
Water Hasong
Water Healing
Other (neer Entered Text Strang
Descnpion)
Other
Nonresldentlal End Uses
Detailed End Use
Aggregated End Use
Building Shall
HVAC
Spam Cooling
WAG
Spam Healing
HVAC
Ventilation
HVAC
Daylighfmg
Lighting
Interior Lighting
Lighting
Exterior Ughting
Lighting
Page 55 of 7
CWAN� I a,CO,m. e
Offas FANPmem
Olfee
Compessed Air
Process
Cooking
Process
Food Processing
Process
Motors
Process
Prwass Cooling
Process
Process Heal
Process
Pracesa Steam
Process
Pump
Process
Refigeration
Refrigxation
Other (User Entered Text String
Description)
Olhm
5.2 Measure Market Se rNafkel Spinant Claeslfl"Uon
Where reaches rec Whe market sector or model segment classification, the Washing claseiflcathm
scheme shall be used
Market Sector
meal Segment
Residential
NA
Single Family
NA
Muld Family
NA
Mobile Homes
NA
Nonresidential
NAICS CODE greater than 2 digit Mt required)
Commercial
NAICS CODE (greater than 2 digit not required)
mcmarilal
NAICS COOE(greater than 2 digit not required)
Agricultural
NAICS CODE (greater Nen 2 digit not required)
Unknovm
NA
Page M 077
MA Nutt, 2SIX 9
fi. Allowable Cosa
Allowable Costs Table
Tho coat Items listed on the Allowable Costs sheet are the only costs Mat un bas Gaimed for bill-payorfundal
Energy EMtlei wort. The costs retained should be only for costs actually expended. Any financial
ummilmente am to be cat Og as commitments. If the reporting amity ones nor haw a cost as noted on
the coal reprint; sheet, Men no Lest is to be reponed for that ill These Aloar le Cost elements ere to ba
used whenever costs are inwiced or reported to PG&E, the progmm administrator. If them is a theme to
Include additional Allowable Cort element. PG4fE should the contacted In order for the administrator to seek
approval from the CPUC.
91HIMM
Cost Cu te9ed"
Allowable Costs
Administrative Cost Cressi
Managede! and Cledesl labor
Subuntmctor Labor -Clinical
Subcontractor Labor - Stiff Management
Subcontractor Labor- Sol Sunervisbn
Human Raesopme Support and Cevetopment
Subcontractor Labor- Human Resources
Subcontrectp Labor- Stall Derelopnent and Training
SubconhaRw Bereft -Adminlstrative Labor
Subcontractor Bereft -Direct ImplemmtsWn Labor
Subcontractor 9enefne- MarkerrigyoverisinglOutreach Labor
Subcontractor Payreti Tax- Adminttretim Labor
Subcontractor Payroll Tax- Direct Implementation labor
Subcorltmcta' Pill ll Tax-MedmttyAdveNsine/Outreach labor
Subcontractor Penecn- Adminletratiw Labor
Subcontractor Pension- Direct Implementation Labor
Subcontractor Pension- WirsainglAdverismg/OutmarA Labor
Travel and CoMmance Fees
Subcontractor- Conference Fees
Subcontractor Latwr- Conference Anmdanw
Subcontractor -Travel -Attend
Subcontractor -Tinel -Lodging
Subcont al -Travel - Meals
Su icantractor-Tmrel - Will
Subconbector- Travel - Parking
Subcontractor -Trawl -Per Dlem for Misc. Etq eni
Overhaul (General and Administrative) -Labor and Matsrlat
Subcontractor Equipment Communications
Subcontractor Equipment Compmiau
Subcontractor Equipment Uccument Reproduction
Subcontractor Equipment General Office
Bubcontnc[or Equipment Transponauon
Suntr moa
bcoactor Footl Sa
Pegs Sl of
ma.a�ar a,p�am®
Subcontractor OFce Bupplas
Subcontractor Postage
Subcontractor Labor -Accounting Support
Subcontractor labor -Accounts deal
Subcontractor labor - Accounts Receivable
Subcontractor labor- Facilities Malmenarwe
Subcontractor Labor -Materials Management
Subcontractor Labor - Procurement
Susammsedar Labor - Shap Sendoes
Supaonlraaor Labor - Administrative
subconlraaor Labor- Transportation Serviced;
Subcontractor Labor -Automated Systeme
Subcodtrador labor -Communications
dubwnal Labor- Irdornamon Teauwlogy
Subwrrbaaor labor- Taecommunicatlans
MarketinglAEvaNaing/Outreacb Cost Catpory
Sulwnbaaor- BIII Inserts
Subcontractor - BmMures
Subcomaasr - Door Hanger
Subcontractor - Pant Advertisements
Subcontractor - Raft Spoo
Subcontractor -Television Spots
Subwrrtrador - W abeka Development
Subcontractor Labor- Marketing
Subcontractor Labor - Media Production
Subcontractor Labor - Business Outreach
Subcontractor Labor- Customer Outreach
Subcontractor Labor - Customer Relations
Direct Implemen al Cost Category
Financial IncerNvw W Customers
ProgramnDmIl t Managanrent
Subcontactor tabor- Program Design
Subcomreaor labor - Program Development
Subcontador labor - Program Planning
Subcontractor Lsbor- ProgramlPmject Management
Aogvity -Direct labor
Subcontractor Labor - Factlities Audits
Subcontractor Labor- Curriculum Development
Subcontractor Leber- Customer Education and Training
Subcontractor Labor- Customer Equipment Testing and Diagnostics
Installaftand Bervlw-Labor
Subcontraam Labor- Customer Equipment
Repair and Senoclrg
Subconbaaor Labor- Measure Inslallafion
Pegg SB of Ti
MAW� 26=1 p
Page 59 of 77
Mnemonic 25003017ye
EXHIBITI- AUTHORRATION TO RECEIVE CUSTOMER
SUBMITTED TO THE FOLLOWING.
INFORMATION OR ACT ON A CUSTOMER'S BEHALF
PHaaeeMkalltllelaply:
❑ PG&E ❑ SOCa1Gae
El SCE El SDi
TXdgALEO1LLYa HdHGCONTM NEABRCMENLLY
(Fleea.RMIn That
I,
NSME lIRE11FAp11GBl£
aT pdmm.nn.d d.dlmdDa m.11ma.dNw
NAME OFCUSRIMEROFRECGRG
pelts
MpILIXGPOMiE65 Llb SIRE ZIP
d
W EOF TilPi IMNNOAOORESS
CITY STATE SIP
m ansa ny Mand oolsulnm IAPrIU for they Yba.eeoontl.).ad A nn wbpwlw mmwxa Mlow:
ACCOUNT$ INCILIADED IN THIS AN1gR W TMX:
T
6ET!ICEAODRE55 CRY SERNCEACPI' NUMBER
}.
SERNCE ADDRESS CRY SEPNCEAIXWNTNUMBER
T
SFAVICEADORES6 TYEMACE� ADOOONT NUMBER
IFor man Into Ww v[wults used MI m]dmrd e®um.m euavab eMelarA mAmd II If lM ram)
INFd0.1ATMN. ACTS ANO "MLT MFTXORIZED- TIIN.udarz.tlen worldfi vWhOf b the Aa Ins Al III
Id vpm.
eMn wrftdm buotlmYnawee lnIl O .ab
aeebW) a bout Me Asia ruoounrl.l b^TrN ,m any i
ndn.m a.wnennnm.r n.unmwnmpa,wemm... Rowan
`I
AnnIlndm.ea.emnn
rwmd.non and be lknlmamu.meet ..miin.dm wnod:
11Go.mwrl.almda my Andl toad on may bdnnm P.rmdr As mlmwld.dal0bman ane Nnd 11•ma1.R apna.me mewl:
I. RMdd ad mwlw filed momma, Mlsas Imply =III III mato uses, come used Ar bel wmmmnm tot of my edadrtbl. fie
.Fnceee been legmdM Andy ,i m the LeAl
O x. Reounl eN n¢Ae a In or wnapnee 11mmall, wlN my,,,mblpass, me bli III WI vpM:
. V.mmlm nrmm, did, If nm manea and rel.lae lnlanDaonIn.
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d Oftenr lawluwlymmil anandbeapleoumd myng edpaea mus
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T. R.pwl.nd nwNe.armwmn It dlanw, I, they anadlal and dl.wpml.nw naw.
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"sued, In. at l m d ane Imar d mpdn.leM for lumen that maven no.ree la.towed they Wont.
Page SD of
CWANunow ZNAXA$l
EXHIBIT I - AUTHORIZATION TO RECEIVE CUSTOMER INFORMATION OR ACT ON A
CUSTOMER'S BEHALF
I (CW IDMER) AUTHO IZE THE RELEASE OF MY ACCOUNT INFORMATION AND AUTHORIZE MY AGENT TO ACT ON MY
BENALFON
THE FOL NG MAI BMBs1 am box amyl:
21f her name le epeaPtl. auWmotion am all lnX Io a mmme mMamarom
QUS&The MmICA O,Ary llenMY ba w4-0me request binbrrywren MCI the acts ancl met epeclhE Moore at
Ma Nm of MAIN dItiY AWvnie nw)
OOne "at eumarleaun- Requests bar lnum enNp bar Ne MIR and NlxMm apo]fle] ohms WF W acepled and
pmAaeed Acti MOO requrslM III IM M month Mrbtl Arm Her AM of wetWon a may Aalwr4aum,
OAms watlm l e green kr Ma paned comma l 9VIM the are a eaB ,oral (tilNedIn
dwadior"ree vera men to dam Of AMOMM) RequeehM heartbeat elMJM M be ape OM AwNSM epxJnm
alme tell he e4'epW erg proA.W eam Amo MgredM whin tlMauNwtraYm Alkd aTetlMd Iwreh.
That UNIity Mll pmrlMlM lnMrmNon rp"'Nom akma, b Me Agent avallakle, vN any oar N Me Wiv ng. W(Agent)
p d/mmsl Is (Greek all that Apply(:
❑ 111 copy Me US Met(dapNlAkk)
❑ Feel WWWGmleplgommd .
❑ El nkfmner MsretboI num Mgpl4aMB) W Mk mrm tltlMA:
I(cua 0. (Mm rams 0sumorhed Np^eWrv), dedve mdx penally of MI unNr the
WAM W to SIMa DI "dome met I am auMq®p to MAI MR dnlme l M etlnN N they Customer of Rend mead M the mp o1 Mk
army and IM I have amoMy a Ina oArly end W Cutlomet a Revd. I M1AMr Ce f Mel my Apenl Ilea memory a Me on my
MMy BN mgwl the relmA of information M he aadmm Iglad on this form nM pobm Me spI me and ancOOR II
above. I uAenand Yre Utillly, reAone the OEM to Wdlr any atmoleeWn mp GAI More MeeNN InlwmNbn w Stirt
sny scMn on my MluR IeuMONe 1m 1A1Rybrelmu to regailed lMmmMbnm my coWnl or fetllBiAlo lee aaWe Aganl AAo
Moms. canary causes
of Ma M, omajes. oropera. AeMbyrom 1MM Masseera IMemnllyIMU get Morgan
o anyIl to the
Wlme,dnreMe Auveeofwid My
we nbhat my Agnt,mA snym my ac Iwsean W my Agent pmuam W act
AUNMaallon', In Meng Am, hoar et of nd NarnmMn by my Agan(, aM ut from any at any tshat Ey my Agent pursuant b Mia
Aemwfarm m Including war W munc. understand Ilul may Aral MIR I thirlCu al any Amo dr auemll F a ancon parry or
CityA m Ofm danMmysomeom MyoIm.rMpglaann.nn.Ira Mna Wcuatwner BarenmpM. cfoof.aanwnv or
Glfy Mmapx Of a munld W IIHI I
AUTHORrzEO WSTOMER GIGN4NRE
E u"Mls GYOI
MONTI VEA{
I (Awmg. nmMy AlAse. hold remoter, mq IMemnly Me Ugly Aon any Maeml). aa'ms amara, AUA aamem, dwmaea. m
MMma reayMp man. er r Ne, be eve M CUatamw hamurbn cashed Mmarm W Me aWMR Rage Iran qa YNrgN
my MAI Wrwvtl to MIR WHOOMMOMI educing One cMgea.
AGEMSIGNATURE TELEPHQ ENUMSEA
E.asumd t)4 day
MONTH YEM
Page $1 of TT
CWANobal 25 170
DOCUMENTODEPRUEBAI—AUTORIZACI NPARARECIBIR
PRESENTAM ANTE LOS SI301ENTE8.
INFORMAC16N DE UN CLIENTS O ACTUAR EN
Pp.nwr, m.wwwwslr rrplwua
REPRESENTACIGN DE UN CLIENTS
i"Eva tn.
❑ ❑
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Page 62 of 77
dVANunNc Equa ie9
DOCUMENTO DE PRUEBA I - AUTORIZACIbN PARA RECIBIR INFORMACON DE UN CLIENTS
O ACTUAR EN REPRESENTACION DE UN CLIENTE
YO(CLIENTEIMFF011I50 LA DIWLGACIGM DE LA INFORMACON SOME MI CUENTA YAVIONZO AN AGENTEA
ACTUAR IN looldne ACIOX MIADE
LA SIGUIENTE MANERA goal on lnkilx Dnmem fie, On on condom):
'sl no we "Focal on )more de 4anwl la auloeaxnn AOmdbaa a nota we ocoalw
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won andua eY hamNCes lansex goo man Suleiman donOO Ce un all ae nem tome a parer de a bcMde
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0 Se claw M ANmI Y.al Eunnm el wean que Heal a pMY de m lane do Nae M eN AMa+mahn Mem
(Dura]frvimlmW avaalme carer Ee lebW Jafilme tlemre PylorReclon.l Lee
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ren ane mien ouceados Lemur eel panned do Nonni ee la AwnkMen eawell[eeo an a peemM.
pVI1LOACIOM DE LA INFlFfER ISN SOME LP CUENTA:
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wMameed pan ab NMManM: 1) el ane nonnon , La eq drdg muton M ada do mI Aonle; y 3) noun, a¢Yen maedi no,
and Apno do mnromipad am we AWMoaaM, mauyendo maalnw Pres an In bnma C fyeoN Ole weld canceler done
Amorul m m,q,ear manna cm on no, pmwNar one colonel pu nacelle (Fam larmalano dab paler finance pw um
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FIRM DEL CLIENTE AUTDWR A NUMER0 TELEF NICO
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Plan, DEL AGENTE NUMEROIELEF NICO
Flmuae Weela tle de
MES AAO
Page 63 of T1
ewaNInsw, ewaaer,ae
Exhibit J: Non -Disclosure and Use of Information Agreement
THIS AGREEMENT is by and between g yoyee(7compary')y, (�ope�rye
yu an nersg rere^ toaerib Ihe'Recpm=, antl PNCIFICGASANo ELECTRICCOMPANY
("PG&E'lon iha tlde set forth holds. Unassigned anE Company agree as follows
t Will bengiven subway totec�h Ithat
all informatPoi an course
mataterilasl lnaudia bN mAlmited M81Rordered "t
end related docto umentabo, wT ch a basedne by PG&E. iia ea ant winV subsidiaries"Ipurear a llates.ls,
and/or wined by third partes and in the possession of or Ilkemetl to PG&E' ritl which connsfMe
valuable, confidential and propel,Information know -a aw, and Crede sacred, halongiWn ro PG&E, its
Parent oanwnY. subsltlianes ordes endlor Uird peMea (wlleNvely,'PropdHary, IlRoimagan').
2. Inconnskerationdlon cede prNyto such Prombtary Information, and arae mnfadlrg forme
R fide cee a^tl notbtlleclmcee extremeby
aMerviYiYmemRRakBIt avaa OkY tohanyndlpwsohn othird pel"tya(inaWing
wW rid the poor
an aifiesneanipN PGBE Tfe RedpkMgeyg2as"ini alisn�e 8re`ctums oSmmvices)
tM1OW iM prior
a. Shall be used only forme purpose of Prowdirg services or work for PG&E; and
b. Shall not be reproduced copied In weds or In part except as specifically authorized and In
conformance with PG&E's instructions when necessary for the purposes set forth In (a) above;
ark
c 'harm'too an enm eleealwoie`sarreproddyuctions w other records meted, In any form, and all
longer neededfor me perfoormanof U^Eengeda smarvvicaaso MrndPOISE to PG&E when res
3. The Recipient hereby 9meearefhemerny third "dies awning any Proprietary Information are opposes third
benefdarfas MIs
4. Inadequate
hereby acknoMedgee and agrees and because (a) an award d money damages Is
equate to enY breach of this Agreement by the Recipient or any d ds repreaedelhrea antl (h) any
breach wines PG&E Ineparabla harm, Nal far any Halation orihredenetl vwlmon d any prmxsion of
this greament in motion ro any remedy PG&E may have at law, PG&E may as" equitable relies.
indudct g Injunaive relief Sand specific pa beside, will prod of actual damages.
5. CalR�leeementethlepmtl jammed o its gbyy prfibil o Interpron .eted In secondaries whittle laws aTM states
UNDERSIGNED: COMPANY
Company Name
Skndure dAumMzeO Apenfd
Toa
Page 54 of 77
CWANI� 250030170
Exhibit K. Contractor, Consultant, and Supplier Code of Conduct
Contractor, Consultant and Supplier Code
of Conduct
Page K at 77
CNA NanMr 2400301766
INTRODUCTION
TO ALL CONTRACTORS, CONSULTANTS, AND SUPPLIERS'.
At PG&E Corporation and Pacific Gas and Electric Company together, PGi we understand met a Wrong
c mllmeMtowmplienceande ilc tMfaundallanofasucc kibusiness, Weralmetoensurethal
every business decision is gulead by our cammNrlentto operate with high ethical standards. We're commibed
to ethical business conduct and campl'unre with applicable laws regulations and policies, and we appremate
and expect your equal commitment as you provide goods and services to PG&E. Our expatiation afro
extends to your subcoMnMoa and suFsuppliwa.
Any work done for PG&E must be preformed In full compliance with all applicable lass, regulations
and policies (e.g., environmental, eatery, antitrust, and employment), and In accordance with high
standards of ethical chances conduct
PG&E must comply with all Sarbanh-0xlay requirements regarding the accounting, contracting and
payment for goods and services. PGi commitment to compliance requires that our contractors,
consultants and suppliers accept Orden only when accompanied by an approved PG&E purchase
order or charge card. Failure to comply with this requirement may impact our ability to reimburse you
for goods or services in a timely manner.
We expect our employees and our contractors, consultants and suppliers W conduct themselves in a
professional manner, to refrain from any action that may be considered a conflict of intsresk and to
treat allrere with respect, fairness and dignity. PG&E does not tolerate harassment or discrimination.
Additional information on our compliance and ethics coamuth a 1, as well the Code of Conduct Handbook for
our employees is available on the PG&E Corporation merge In M10 I/wvnv oae-
corp comArthoutuarethice comigia1.
If you have ghshons or concocts about compliance Or Whicc!cause while working for PG&E, please discuss
them with your PG&E business contact you also may call our toll-free Compliance and Ethics Helpllne At 1-
SM231-2310 WM quesdons on compliance orectics baues ata mWd igegal or uhthihl activities. The
Helpline shout be used to was complaints regarding accounting, sucking matters Or Internal connote, and for
reports about questionable accounting and audkirg matters. It is available 24 hours a day, T days a week, and
you may call anonymously.
We regard our supplier base as a critical and necessary extension of our mission, oyer mors and future
success, and we thank you for continuing to make compliance and Whim a top aromy as you we* with PG&E.
Sincerely
Kam M. Harvey
Senior Vke President and Chief Risk and Audit Officer
PG&E Corpostion
Page fid al n
MANunMr 25MI70
PRINCIPLES AND STANDARDS OF ETHICAL SUPPLY MANAGEMENT CONDUCT
POSE supports Me Pdnclpin and Standards of Etdcal Supply Management Conduct as Promoted by the
Institute for Supply Management'
1. Avoid the imam and appearance of unethical or coma omlaing practice in relationships, actions and
communications.
2. oemonslrate loyalty to the employer by diligently following the laxtul instructions ot the employer,
ung reasonable care and granted authority.
1 Avoid any personal business or proMsslomil ac ivpty that would caale a conflict between personal
Interests and the iMemeb of Me employer.
4. Avoid soliuNng or accepting money, loans. Means or preferential d'lscaunis entl the acceptance of
gifts, entertainment fawn or services from present or potential suppliers Mal might influence, or
appear to Irllname, supply management tleusions
5. Handle confidential or Proprietary information with due care and Proper consideaflon of ethkat and
legal amdlatons and governmental regulations.
6. Promote positive supplier relationships though courtesy and Impartlalny.
T, Avoid improper reciprocal agreements.
8. Knox and obey Me after and spirit of laws applicable to supply management.
9. Encourage support for socially diverse practices.
10. Conduct supply management actrvlies In accordance with national and IMemalonal pans, customs
and practices, your organization's polices and these emical principles and standards of conduct.
11. Develop and maintain professional competence.
12. Enhance the stature of the supply management profession.
CONDUCTSTANOARDS
Safety and HealM
PG&E alms to have an Injury and Imesadree wars environment. To this end, PG&E expects you to perform
your work In a way tet will protect yourset and oMers, complying with all safety and hash miss and
Procedures . You Maui look for and resolve unsafe situation and help and encourage others to wont safely.
When Involved In PG&E -related work, you must Spot to mark fit for duty and remain M for duty during
working hours.
Use of Ancohol, Illegal Dregs or Medicatan
PG&E is Committed to a drug and alcohol -free woreplace. We expect you to avoid uung or being under the
influenceof alcohol while performing workfar PG&E Oran PG&E popery. (Exception: While engaged In
PG&E -elated work, you may consume alcohol during non-bu6lnas hours at PG&E -sponsored special
occasions or business meetings, if Sulhanzed by a PG&E officer or mot level of management below
Officer. n Such consumpnon is limned, ant t doing w does not otherwise violate applicable legal
requirements, such as those of the Nuclear Regulatory Commission an the Department M Transportation.)
Inverse weNXe: xmwJ&nm miopal RreP iEillty,an"Pritlpb vd Stni of EWml Supply Managemml Conduct
Page 67 o1 T]
LWRNm , 750o 1IBe
We expect mat you want use, passes, sell, provide, or be under the influence of lfkgal drugs or other
controlled substances while engaged in PG&E -related business. Do not allow the used preemption drugs ser
over-the-counter medicabons to affect your ability to work safely or efficiently.
Harassment and Discrimination
PG&E expecte you to conduct yourself in a professional manner and m trust others wth respact laimea and
dignity. PG&E does riot tolerate harasesem or discrimination, including behavior, comments, e-mail messages
or other conduct that contrWtes to am m innical or offerims environment. Slum based on race, gender, or
religion, or any other couducd, remarks, lakes or pictures that encourage wfoster an offerreive wort
environment are dealtimith eerounty. In addi(im, we expect you W comply with applicable ktleral, state, and
local statutes that Prohibit discrimination or haaamem based on ram, color, religion, age, sex, national origin,
means" physical or Monte[ sol bility, mel condition, veteran status, marked statue nexus) orientation.
gender Wentity or any ober noniob+edated factor.
PG&E Assets
You are responsible forme proper acquisition, use, mehtenance and disposal of PG&E makes (kl.
materials, equipment, tools, real property Wormatton, funds, etc)
• Aqules assess In compliance win pmwremenl policies and procedures, avoiding any real or
apparent conflict of internal
• Use PG&E aaets only for legal and ethical activities.
• Protect PG&E aase%from damage, waste, lase, misuse or theft, using assets only after appropriate
famine.
Dispose of PG&E assets only with appropriate written approval. PG&E§ goal ies to ontain fair
market value for all assets that no longer are needed, unless may are donated with appoprake
approval,
Don't des" or take intangible ones, including Information about PG&E or ushers obtained In the
count of PG&E -related work. IDis responsibility edends to sefeeuardhg such Intonation seer
completion 0the PG&E -related work.
PG&E asees such as computers, telephones and roll phones, ax machines, copy machines and vehicles are
Intended prmadly for PG&E Wore s. PG&E allows llmtlM personal use of these and similar assets see long
as such use is occasional, domnt al in excessive was, doesn't interfere won work responsibilities, and is
in compliance with laws, raguladons, and any business line or local restrictions. Personal use of a vehicle must
be incidental to business use.
Omer PG&E asses, Including such things as consbu tion equipment, tools and similar assets, may be used
only for PG&E business they an not available for non -PG&E use. Exceptlom are permmed In emergency
situatiorm or with PG&E officer approval.
Privacy
PG&E retains the mild to monitor its assets and work environments In compliance with applicable federal. state
and local law. It monitors to promote safety, pevald criminal activity, Investigate alleged misconduct and
seculdy violations, manage Information systems, or for other business reasons.
Even though Ilmted personal use is parmeed, you should have no expectation of Privacy a you use PG&E
Pape 68 of 77
OVANumbr )500]017"
WmP1&er w voicemail systems to create, access, meal or Stem Infwmatlw. Such Information is accesalbb
to PG&E oven If it Is password -protected or deleted by Ne user.
�l n iLT�SFI
PG&E aloes not endorse potluck or services, nor the forms or individuals Me supply Nem. Favoridismmusl
net be Implied by testimonials of endorsements of PG&E's use of any materials, supplied equipment or
servsa, or by Ne use of PG&E's name or logo in advertising, puNlcity or catalogues.
Supplier Diversity
PG&E Is cannonballs Providing maximum preadcal business Opportunities tolNomen, minwfty and disabled
VBtderF4WM'd business wierprlses. H4NBver, we do not use sal -asides, preferences, a Quotas In
administering our Supplier Diversity program.
Proprietary, information
You may have access to PG&E proprietary non-public Informa6m as you Perform your PG&E-mlated work.
Dont use this infannatlon for gain or advantage, and never share this information without appropriate PG&E
approval.
There are restictions on Ne flow al non-public inf smatlon between Pacific Gas and Electric Company and its
afllteteal companies, although non-public info ma4an may be shared freely wN1 NB holding company, PG&E
Corporation. You may not act as a lmrquit farihe flay of non-Wdlc Pacific Gas and Electric Company
infwmatian te an affiliate other Nan PG&E Corporation,
Corporate Resume and Disclosures
Accurate records and disclosures are radical to PG&E meeting its "al, financial regulatory, and
management obligations. We expect that you will never misstate facts Or omit matenal Information relatetl to
PG&E -related business. You must ensure that all tactics, including disclosures, accounts, reports, bills,
Lwokas, fimo-worked records, cwrespondenco and WNIc communications are full, fair, accurate, hil ly and
understandabae. You must never hider after. falsify or disguise the true nature nt any transaction.
CONFLICT OF INTEREST STANDARDS
Conflicts wlSr PG&E's Interests
PG&E expects you to exercise reasonable are and diligence to Prevent any actions w areftions Nat
could result in a confird wltb PG&E's interests. WhlI engaged in PG&E+elatec work, you must nal
accept any employment or engage in any work Nat creates a central of Interest wiN PG&E or In any
way compromises the work you are to Perform.
Gift to PG&E Employees
Accepting a gift in a business seating an create a sense of obligation or the appearance of obligation. A gift
an be anything of value, housing such hams as a ticket to a sporting event or play, a non -business, meal, a
bottle of wine, a cafes rap, a bee servlu, a special discount or an allaxpense paid I to a conference or
trade shay.
PG&E factors its employees, as well as members of their immediate famtheS, from accepPog gifts ham
contractors, consultants, suppliers or similar business contacts doing business with or Seeking to do business
Page 59 am
CWanumter. ]50]01159
with PG&E, unless all six of the following conditions are met:
The value of the Rem must be less than $too, and the value of an gigs from one business contact
• during a 12 -MOM period must not exceed $250. A gig that exceeds either value must be approved
by a PG&E officer. Any such gMto an cK r must be approved by Me Wit rs suMmeor.
The gem is customary and does not caste any appearance of impmixiery.
The Rem imposes no sense of oblyalion on the receive.
• The gam mi in no sweet or favored treatment.
The Ram could not be conaidki extravagant, excessive, or too frequent coraMerilg all of the
• circumstances, Including the employee's ability to reciprocate at company expense.
• The Rem is not concealed In any way.
PG&E employees may not accept gratuikes of wan, or girt tarda redeemable far rash, hon past, current, or
potential contractors, consultants or suppliers.
'Customary business meals' are not considered gigs. These are routine meals, similar in post to PG&E
employees' meals when they enhdain clients.
In addtion to the restrictions on gifts, employees and members of their handles must never accept a loan or
Payment from a contractor, consultant, supplier or similar business immect under terms that aren't available
to the general pubfic.
KEY COMPLIANCE MEAS
Environmental Laws and Regulations
PG&E Is committed to being an environmental leader and demonstrating this through its actions. PG&E
pledgee to think creatively, work cooperatively and be resuhaorlented In its environmental stewardship
effods. We expect that your PO&E-related decisions will rallect tMa commitment PG&E'a EmAronmenhl
Framework is available at hgo lAvaw ooe commum resoanebltivlemimnmeni
In some cases, PG&E may have special permits or programs In place toot affect you. Communication with
the PG&E conthad manager Is extremely Important to Mdemtandi any special envlrunmental reqube ill
that may apply to you.
Salbanas-Oxley
PG&E must comply with all Sarbanes-OIRey requirements regarding the a=unbng, contracting and
Payment for goods and services. PG&E's commitment to compliance requires Mat you accept orwra only
"an accompanied by an approved PG&E purchase mow or charge carol . Failure to comply with the
requirement may Impact our ability to reimburse you for goods or services M a finely manner.
Political Laws
Government officials she" the legal and regulatory environment In which PG&E operates. R you interact
on PG&E's behalf win government officials or candidates for Public ofice, you must understand! and comply
with Me laws and PG&E poBcies that con"I PG&E'a partaindon In the political process including, but not
limited to, limitations on gifts, the approval prowas for conMbutions, and regulatory remaining requirements.
Insider Trading
PG&E expects Mat you will never make Investment decisions regarding any equity or debt securities boost
Page 70 of 77
p„amaww 250a301758
mhdarmatmndetained (nthe boonsmyour PG&E -related work ON intmm n 1) has not been publicly
GwarM w and 21 coup paw a material effect on the value of the Invemment. Examples of such
InformalI plans, major management chargee, dividand alas, eaminge, mergers and
significant new conbecda objects. Using this information is against PG&E' policy and may vtomm laws or
regulations.
Copyrighttaws
CopyrgMed same mayInc We metulellera, madam" artidea, newspupers, beaks. "Ohio$, drawings,
musical recordings and . CcpyrigM new pMema Such wome even R May do not include a copyright
notgs. If you wish to copy material for distribution related to PG&E wok, we akpect that you will obtain
pemrission from the copymgM holder baled making copies.
Computer soRr2re lypkally 4 covered by licensing agreements that pbMbt unauthorved use or copying. oa
not make unamhomed copes m sohware that is licensed to PG&E. We espe t that you will nm betl
unlicensed software onto PG&E romputm equipment or download unauthmRed software from the Internet.
The standards of candum desalted in this code an critical to Me ongoing success m PG&E's relatlonshlp
with ga mnlnmors, ranemt4 IS and supplies, If you encounter questionable adivlues, we enoourage you to
Immedlately bmp them to Our attmtbn through your PG&E business contact m PG&E's Compliance and
Elhica Helpline at 1A 231-2310. You also bon cased Me Compliance and Ethics Heldlm 3 you here
wncems about questionable accounting or aWNrp matters or internal controls (collectively, -aaoun ing
complains').
The Helpline is rvmlable 24 hours a day, y days a week. Its o multilingual abrade that provides a ems place to
ask compliance and ethics questions or to communicate concerns. Helpline cells are handled comIdediaty, to
the eater perched by Me law, and can he submitted anonymously, "Iscul fear of retribution. PG&E
prohibits retaliation against anyone raising complaints or involved In investigatbna.
The Mlamatbn Provided ant poceduba act form in fns code of omMucf ed mf confer contractual rights of
my&Md on my connector. corrsuttem or supplier or cream oarracfual owarms of any low far PG&E
Pace 71 of 77
LWaeum4r iWNUlms
Exhibit L: Gui lin" /or TratlemarxITrade Neme/Logo Use in Ca Markabng ActlMNlas
The PG&E reme. Nola) or backwoods (Me'MaKY) in MI farm we VWunb a aewu and "be wee
Wl rwrm'selmmay M1amPM In artlerlopMeq Ne valueal Mew aaaW,PGBEmoat mtsnbin
sonho Ou MenwnMrinfthes McMknom am mod PGBE has1E mauhadiMmlyourfi to
as MeresM
ptopelly uuy Me Marks. If these gukeRnes are not fdlwntl, PGBE may mrmYule your fight b we Me Mais.
My LGP document, Webmole, W. shall teMm PG&E W be IWI name. La..'PxXk Gm and
Ehgbk Common'
LGP may paler to PG&E as'PG&F as long as 'PG&E' n defimd akmahen In to dwum tes an
aLArevlatlon far'PnEc Gas and Elecorc Comwny'
Via.,1t.. a sL
Eewpl IS pmHded Whermn pmvMed by LGP's Compact. LGP may mem factualwp&tling
LGP'e te40mMM wIM PrJfic m W 1. Mecbm and
Me following
methanol Me terra xtl ¢rNAbm WtM
ContrxL Me Ymilalbna smkd in No. 1. abme, and Me mlbwlnp IlmtlatM:
• Means anlmaynq indt wuld PG&EwdWe McLoampoum, ML GP tic'EM gamed, l'
Means a alamment tivl mould ba ccnebued es PG&E aNmmeMing an LGP product or wN'ae,
e.g.. "Pad& W5 vM EIeU k ComparN BNB[pd ryz sondes laaum Uw w�dorollen hap Ewt
nteMa MYBEIe.'
EeamPN olawwaGb use:
LGP broc etre Or Visit site with tka Mbwing elalemenC 'PacMc Goa and EHcbm
LompenypurcAped fe wMpats hop w."
EumPle W allowable Me In a link: •Fes mon Stammer" an reWhs avtllabse W Nla
Pradun, plegia s visit Pathic Gas and Flamm Company's web site al www.pga.cum"
1
LGP may make actual statements nwn]Ing Mir remtlonMV won Peak Gas and ElecMc Common
and uw Na cwnwnv 1030 w partNMat cammunkalgn, ealyect ro the IimlaMna in Nu. 1, ataue, and
With Me blbwing adtlNonal finudeeons'.
• Sahmengs) may not eno the LOPS products, seMaa et;.
• The PG&E Law Gewnment Would ravlew this pmpwed use and assess Me pderml expanses
PG&E, and may require that Ne LGP syn a use a&Iwment ngatMng Meir we Of Me PG&E bp.
LGP goal cwrewte with Me PG&E Lew Gewnmma review through the PG&E Pngnm Manager.
• This kgs mug(Xilwm to CmPwate ldendty Guidelines at PG&E'e We and absolute dismagn.
The PG&E Pmpnm Mansper snail pmvMd the Cortarale partly Guidelines m the LGP do"
Task 1. Get Up Program.
Eaampw a awa Mal regwre Lew wwrkwm w u;ew
"XYZ Pmvidae wldgab ro Pocmc Gas Me Electric Company."
�1 a�°`.e�owr.••
Page 72 of 77
4We NUMv Vampires
"XIZ
to an HVAC Contractor for deeMc am aide Eleceic Cashask y.
M lLr =
Zmmlwtlom
LGPs may make M1CWal statements negarding their relatlwN'gs went Pooir Gas and Electric
Company and use Ma'PGSE' acotlbM Imo(sonnut Ne w ds'PacMCGas and EbcPlc Company]
Ile PG IR ep Ught logo, the Pagfic Gas and bathrobe Company lop, and wino Iwo boob wtll be
pmAded by the PGBE Prtptam Mareger dunes Task t, Set Up Program) as part of Met
commurecerfien butonrybllO NwnwX nwdhma PGBELm Dpa aMM&ECONerats
Conmunk s Dpaemnt, aught to Me Ilmlbtom In Nof, ahme, am wide to fdloving sweetened
emotions
• Smarr may no anQtlHg Me LGP'e produce. pervlcea. et,
• The PG&E Law Department must undone Me apposed vat and powers Me wbnNel expressed to
PG&E, and may opera Mat the LGP sign a use agreement regarding their use of the PG&E by.
LGP shall dominate they PG&E law Department reNw Mmugh Me PG&E Peogram Maregr.
• That PGBE Cwpdeb Communication;Communication;DweNnwan" must and approve use of the'PG&E'
WIGM bgo In lbs of Me Perri Gas add ElMnc Company lago(Mtleding approval 0 No etre,
dbr, ptxenpn[ etc.). LGP son wotewb Me PG&E Customs Commemorate Deferment
revkw MVmgh Me PG&E Program Norman
EXampla aluaed Met minor Law Department and Corporaro Communications r»Yew:
"Bmught For you Gy LGPa In Cwpw•H L'Meua SupppNnp EmrgY EYXCIency'
I• INSERT LOCOS OF OTHER LGPSI
5.
• Use M Me Poodle Gas and Electric Cormany bgo or PG&E pWght bate On Or win any LGP
productowarvice.
• Use of Me Padfic Ge and Ektlrk Company bap or PG&E sp ht Iwo on a proluct ode pod
seMro, In Wnrespi win an LGP bgo(s.g., wbPoMiwt, except m agree! M No.4 atop.
• Eseorsernenb
Exampbs o/ uw Me! wPo requlm maneaemenl pubes eM dldusabn:
'portable Use arta El•cnic Cdnpeny lreNevu Mel XYZ make Me hlgMat quality wlwgH.
You sMUW use XYl wltlge6lool"
A Product ar earvlca truck benng M• iogowlrg form:
8 INSERT LGP TMDEMhRI(
Page 73 of 77
OVANPmn.r aewwnwa
Exhitarbi Aopeaa Agaeemant kr Monftdng Equipment
NOTE: Access agrremem to ce used M Implementer access wfirve mmNwkg equipment k Installed.
ACCESS AGREEMENT
INTROOOCTION
This agreement is Eelwsn Ilmplenantarl and (O
As usld NmughoulNN dwvmenl Implementer and Ovemer are IMivltluany nbmd to as 'Party' and
ml VNYae'perdea'_ IOm:n me nandpepmefrneedingac sbpmmlusl. Oexri wil
muOWM'PrelM'. Owrer granb stews b(baeon). dascnth d Wide m'Fawidy'.
The O+ner agrwb grml ImplemmYr snub Mel Feel Mtlre purposes NMN Prgect
Ilmplemenlrl N swoons legs hqn POSE MMe Project, but Peltas spm Mal POSE Is not we b either
Pen for any ban wtlemages. inGlgbg answenul or mnatyuserw dmega r N from Mrs Agreement.
TTeblbwlrp hmu WII gavem Mie Prolxt
(Imgrnmler7 AGREES:
1, Ower Convenience. To cmltlWle ViI to Me Facility wM the Wer, was M mMYnW any dNrupdons
or inconvenience b Me Omar.
z. InrallNlon. To myst, operate and nosawn em ANN or mmpwhq Equlpmenl model for the Project in
a manner that Is susplaae to the O.eror.
a. Canada. TOWar of of Me edund Pont Wwwrind*M performing Me Pnae0.
5. ComPlNnce yeah laws. To:omply AM Mbdend. s rand murk al lags, ordmprow, min orders.
and regulations. which apply In be action so the Facility or to Me Prco L
9 C"MsWallty. NW IN use Me osmn or Won Merig NhreceriNce N Ma Omer or Gemara Fecity be
pupfglled pmtsµ remrb, advr4Wry, sale pro norioh or other puplkN) wI1Mu1 Me Owmrt water
approval.
6. 111he .Te removed To Equipment upon complown of Me report, and to lave MePossibly in
suWtanpelly Me some cmdMot It wen prim b To PWwt,
OWNER AGREES:
T. PermWlen. To whmX llmprnentef, or be eupwnVxWe, b vlul and braler Me F&I and to befell
Me Equipment for Wepvan 0 M Projem
0. Access. TO PeemXjlmpknenteq mewnaMe e¢ne b eM dpeu M1cm Ma FMI during normal
business boon to carry out the wail of MN stutly, aM to deals Goners empbyess Pest mepecbm b
cmPrale Mlh gmpomntrl in Me conduct W this stutly.
P. Equlpmsnl Ownership. That Omer had no co eMip, inleent or MO In Me Equipment
10, Removal. To honest remwel of Me Equipment at any time by jlmpomenterl.
11. CombantolXy. Net b un the names or kientlfyYq ma2eheotlu of llmPlmmemerl W PG&E for rn/
edvamaing, Wu gamfow or publicity Of any kind nMON prior wrllRn approval by jlmpomemeri
Pepe 74 of 77
MA N.mher. aawrovee
BOTH PARTIES AGREE:
12. Incidental and Communal Dismarm, NEITHER PARTY SHALL BE UABLE TO THE OTHER FOR
ANY INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
13. Tamm of Agreement The farm of M'e Agreement dull not exceed_ Mori wiMtul wagon
agreement of Win Panels B is Midland Mal the tart pmbd ad be sppmdm mortll(a)fmn
annual of Me Equipment
14_ TarmMatbn. EMx Party Mall have Me nine b terminal th Agreement a[ any Me. in Me all of
Nomination, ImpMmeMpr Mall be granted acwas b Me Fatally In order M move Me Equigmnl
FUMemue. Me proWsbna aIMIs Agreemem regaMing use of names aN amerMb IUeuaes 5, 11 and
15) shall remain In Ince following Wrmnalbn.
15. Diamonds of Iifomration. Implamenkr may promote the Owner win informal mod M nndhis
mgeMing this Project, bid Implementer shall have all maneMlp isgi including exomsm copyright
careful0311 dale,reports, reals" mutts, summer". Informs , or after carinal receded.
MMHrephic or Amal maMrieG (rereimber'Informagorl Produced and wllxMd during Me term of his
agreement
16. G*nmI. This agreement shall be blMing upon and Inure to lite benefit of any summon Marshall
neinandossigrapfHm ParBes. Nothing In this Pgrermentshau be construed! ro mass any duty W, any
a6ndard of ore wiln rekmnrx Ip, or ane mbillty m any Mvd party. TM1is Agreement shml ba rfnewm am
hmmrelm m acconlance wIM Me laws mMe state mcabfnria, exuad'mH am pnalw orlew hobs Mat
may siren Im eppnwlbn m laws orawMeriPrmabr.
17. Engre ABreemenl. TM1ie AHrmmenl wnaUWlaa Meenhu egreemenlam undenrantllnH hefxeen tln
PaNes as to Me sugeRmallaraltha AgmemanL
1S. NTanaMlf Me Facllityriunder Mase, the Owners fananl who wnmh Me Fachlb. M exmuMg Mk
shimmed mwmm McNhmando IOb naof Me Omerhemnde..
AGREED AND ACCEPTED:
IMPLEMENTER
Small
Names.
Thin'.
Address'
Email:
Phone:
Data
CUSTOMER
Signal
Name'
Title'.
Address'
Email.
Phone
Dam:
Page 75 of 77
LWP Nurser, lawcar 9
Erhibif M4: ACCESS Agm enf for Non-Monifodng Equlpmenf
NOTE: Atreaaagreement to M used M ImplemenMamess where m mcnHorMg equipment Is mablbE,
ACCESS AGREEMENT
INTRODUCTION
The agreement is be n[lmpkmenter]and (On
AS used throughout Nle document Implementer and Owner any IndNVJuall harbor to as 'Party, and
0011movely SS'Padlea^. IDeemplereason and purpose for needing apse W premia 1, thwipEon as
mnatlWe-ProlasF_ Owner 9ranb Soros m f✓ atbn6 deacdbW pekes as'Fatlliry'.
Tia O.maragreae ro gram lmplxnenter aztcssto Vlal Fetllly fot Me purpares olgla Prryect
IlmpkmerNarllareceiving fundshon PG&Eforsic Prolecir but Pariesagree NatiF NrIM bblebeMtx
PaM forany lone oraamagea, Including In ya ental or mroetruential damages. arising from Nm Agreement
The folbMng terms will govern this Project
Ilmplannel AGREES:
1. Owner Convanknce. To Purc Taste vada to Ne Fatllil Ne Owner, m as b minknUe any diS uldfil
or Inconvamerce to Ne Owner.
z. Cans. To bear all MNe Not coed aaanculed wish parbi Me Prol nis may need to ba
mWified II Owner is funding Wn of sudlll
3. CanonicalalM. Not b use Ne names or ldentlying slmracdhliq of the Owner or Owners Fal br
published poled reports, advertiising, sales pmmd'wn woNor pull an public dktloeure will the
Ownefe wnBen approval.
OWNER AGREES:
•. ParmYann. To penniglmpdmenbrl, or lb suL nhacWre, to WSlt and momor Ne FatllXy, and to lnadll
the Eaulpment for purposes of me POOH
5. Access. To pandit pmplamentxl reasonable accrss to and egress from the FeGllty during normal
business hours to carry Out the work of this aNdy, and to direct Owners empbyaas and mnb'xlnrs W
wopeale with pmgenendrl'in ma Conduct of such,
8. CongdeMNIRy. NO to Uae tlp romes or identifying Mar 1xIs11rs of[Inco mendrl for any adva4sing,
sake pmmollCn or puNlGtyor public di koure of any kind without prior whorl approval by pinpbmenbr].
BOTH PARTIES AGREE:
], Inckbnlal and COrwguBw;J Damages NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR
ANY INCIOENi SPECIAL OR CONSEOUENTAL DAMAGES,
8. Term of Agwxnanl. The term of Nis Agreement is room_ tri_
g. Ownership df Inkrhinal Implememer may paves the Comer Wm Infarmalbn about IS findings
regarding this Pral but Implementer shall have all camerStlp dame in lulling exclusive copyright
xaon In all reae
data, nepmd, arM result, W
summaries. mrmaEm, or other ymben, lacxded,
Photographic Cr vkom mounter (nnreinahx'Inbrmafion') produced and esudeled during the term of
agreement
Page 76 Cr 77
cwnxumm. zeawima
10. RTeren If the Faclllry b under lases, Ne OwneYC MneniwM WnVdS MG FN11iry, Cyereuing Mk
egre nl,auumes TGdghMNdaEllgalbnsdNe Ownerhomundec
AGREED AND ACCEPTED:
IMPLEMERIER
SNned.
Name:
Tft:
Acidness
Ercall:
Poone:
Dah:
CUSTOMER
SNmed _
Name'
TNG
Address:
Email:
Phone'.
Deb
Paye T1 aTr