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R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
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R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
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Last modified
3/11/2021 12:46:49 PM
Creation date
8/8/2018 10:32:34 AM
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Resolution/Ordinance
Res Ord Num
R2018-96
Res Ord Title
Resolution Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
Department
Public Works
Approved Date
8/6/2018
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EXHIBIT B Schedule 2 <br /> ASSURED PERFORMANCE GUARANTEE <br /> I. PROJECT BENEFITS <br /> A. Certain Definitions. For purposes of this Agreement, the following terms have the meanings set <br /> forth below: <br /> Annual Project Benefits are the portion of the projected Total Project Benefits to be achieved in any one year of <br /> the Guarantee Term. <br /> Annual Project Benefits Realized are the Project Benefits actually realized for any one year of the Guarantee <br /> Term. <br /> Annual Project Benefits Shortfall is the amount by which the Annual Project Benefits exceed the Annual Project <br /> Benefits Realized in any one year of the Guarantee Term. <br /> Annual Project Benefits Surplus is the amount by which the Annual Project Benefits Realized exceed the Annual <br /> Project Benefits in any one year of the Guarantee Term. <br /> Baseline is the mutually agreed upon data and/or usage amounts that reflect conditions prior to the installation of <br /> the Improvement Measures as set forth in Section IV below. <br /> Guarantee Term will commence on the first day of the month next following the Substantial Completion date and <br /> will continue through the duration of the M&V Services, subject to earlier termination as provided in this Agreement. <br /> Installation Period is the period beginning on JCI's receipt of Customer's Notice to Proceed and ending on the <br /> commencement of the Guarantee Term. <br /> Measured Project Benefits are the utility savings and cost avoidance calculated in accordance with the <br /> methodologies set forth in Section III below. <br /> Non-Measured Project Benefits are identified in Section II below. The Non-Measured Project Benefits have been <br /> agreed to by Customer and will be deemed achieved in accordance with the schedule set forth in the Total Project <br /> Benefits table below. Customer and JCI agree that: (i)the Non-Measured Project Benefits may include, but are not <br /> limited to,future capital and operational costs avoided as a result of the Work and implementation of the <br /> Improvement Measures, (ii) achievement of the Non-Measured Project Benefits may be outside of JCI's control, <br /> and (iii) Customer has evaluated sufficient information to conclude that the Non-Measured Project Benefits will <br /> occur and bears sole responsibility for ensuring that the Non-Measured Project Benefits will be realized. <br /> Accordingly, the Non-Measured Project Benefits shall not be measured or monitored by JCI at any time during the <br /> Guarantee Term, but rather shall be deemed achieved in accordance with the schedule set forth in the Total Project <br /> Benefits table below. <br /> Project Benefits are the Measured Project Benefits plus the Non-Measured Project Benefits to be achieved for a <br /> particular period during the term of this Agreement. <br /> Total Project Benefits are the projected Project Benefits to be achieved during the entire term of this Agreement. <br /> B. Project Benefits Summary. Subject to the terms and conditions of this Agreement, JCI and Customer <br /> agree that Customer will be deemed to achieve a total of$609,984 in Non-Measured Project Benefits and JCI <br /> guarantees that Customer will achieve a total of$2,535,698 in Measured Project Benefits during the term of this <br /> Agreement, for Total Project Benefits of$ 3,145,683 as set forth in the table below. <br /> Performance Contract(Rev 15) <br /> Johnson Controls,Inc.—Proprietary <br /> ©2008 Johnson Controls,Inc. <br /> 9 <br />
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