Opening of Proposals - RFQ VPA Energy Savings Contract - Honeywell - Part 2

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(2) any material change in system or equipment status, including replacement of, addition to, or modification of existing energy and/or water consuming systems or equipment and/or, (3) any long tern temporary (equal to or greater than Iq days) or pennanent changes in operating schedules and/or, (4) any facility and/or utility meter covered under this Agreement that becomes materially unoccupied, closed, or discontinued and/or, (5) any material change in the payment schedule, such as due to refinancing or variable interest rate. 5.5 CITY Governmental Unit Reporting Responsibilities. CITY is solely responsible for reports to be submitted to the Department of Commerce, Public Utilities/Services Cornrnission, or any other governmental agency or govermnental unit. 5.6 CITY Provided Documentation. It will be the responsibility of the CITY to provide to the M&V specialist on a minimum monthly basis (unless noted otherwise): (1) Verification that equipment installed to perform the ECMs has been properly maintained, including but limited to provision of maintenance records. (2) Current status of the buildings (i.e., occupancy level and use, hours of operation, etc.). (3) Records of City initiated changes in equipment setpoints, start/stop conditions, usage patterns. (4) Records of City initiated changes in operation of mechanical systems, which may impact the ECMs. (5) Records regarding addition or deletion of equipment or building structure, which may impact the ECMs or the building energy consumption. (6) Copies of monthly utility bills and utility summary data on a monthly basis, and access to utility accounts through an authorization by the CITY to the Utility to allow the release of data to a ESCO representative. 5.7. CITY Rebate Responsibilities. It is understood that all energy rebates and/or refunds are the result of an agreement between CITY and the utility company and ESCO assumes no responsibility for obtaining said rebates and/or refunds. It is understood that said rebates and/or refunds are not included in the Guarantee. 5.8. Material Changes in Energy Units & Cost Avoidance. 5.8.1. Reported Material Changes. For purposes of this Agreement, a Material Change as defined in Section 17 of.the Agreement includes any such change which reasonably could be expected to increase or decrease energy used at the Premises by a value more than five percent (5%) of the Guaranteed energy Savings per utility meter or submeter. 5.8.2. Unreported Material Changes. In the absence of any material Changes in the Premises or in their operations, energy consumption and demand should not change from year to year. Therefore, if energy consumption and demand per utility meter or submeter for any month increases by five percent (5%) of the Guaranteed Savings per meter or more from the energy consumption and demand for the same month of the preceding contract year after adjustment for changes to climactic conditions, then such increase shall be deemed to have resulted from a Material Change, except where such increase is due to equipment malfunction, faulty repair or other acts of negligence by ESCO. 5.8.3. Adjustments for Material Changes. In the event of any increase or decrease in energy consumption and demand for any month resulting from a reported or unreported Material Change, the amount of that increase shall be subtracted from or that decrease shall be added to the total energy consumption and demand for that month prior to the calculation of energy savings pursuant to Schedule C. 5.8.3.1. If a reported or unreported Material Change affected energy consumption and demand in the same calendar month in the preceding year, the next preceding contract year where a Material Change has not occurred will be used to compute the value of the Material Change and the energy savings for the current month. Schedule C Page 8