R2012-189 AUTHORIZING EXECUTION OF AGREEMENT FOR ENERGY PERFORMANCE CONTRACT PROJECT DEVELOPMENT

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At a minimum, the report will include: • A list of the specific improvements and operational efficiency measures that JCI proposes to install. • A list and description of specific billable water usage and meter accuracy improvement measures. • A description of the methodology used to project billable usage increases. • A complete description of the operating and maintenance procedures that JCI believes can reduce operating costs of the system. • A projection of the operating costs that will be saved. • An estimate of the improved system accuracy and resulting increased billable usage projections resulting from the equipment and procedures recommended in the report. • A detailed project implementation schedule. • Explanation of measurement and verification procedures,jointly developed by JCI and the City, used to determine billable usage increase associated with the written performance assurance • A comprehensive plan for the ongoing support services, education and training for staff and consumers. • Cost and description of ongoing services provided by JCI and jointly developed with the City to maintain equipment and systems installed by JCI. • Implementation costs. • Financial impact projection. 2. Schedule of Work During the Work, JCI and the City shall meet in Decatur, Illinois at the 30%, 60% and 90% completion stages of the Work to ensure that both parties are in agreement with the progress of the Work at those completion stages. The Work shall be completed by April 1, 2013. 3. r s Reco d and Data During the Work, City will furnish to JCI upon its request, accurate and complete data concerning current costs, budgets, facilities requirements, future projected loads, facility operating requirements, collective bargaining agreements, etc. JCI will provide a separate document with the required information and City shall make every effort to provide that information within 5 business days of request. 4. Preparation of Implementation Contract Along with the other Scope of Work required under this Agreement, JCI will develop the framework of the subsequent Implementation Agreement Contract and the Financing Agreement if applicable. These Agreements shall be co-developed by JCI and City during the PDA. These documents will vary dependant on the City desired structure, but where possible shall be standardized JCI documents for most expedient delivery. 5. Price and Payment Terms City agrees to pay to JCI a not to exceed sum of$931,200 within 45 days after the delivery to the City of the documentation described under paragraph 1 of this Agreement. However, City will have no obligation to pay this amount if- 1. f:1. JCI and the City of Decatur enter into the Implementation Agreement(outlined in Section 3) within 60 days after the delivery to the City of the documentation described under paragraph 1 of this Agreement. Costs for the Study will be transferred to the total cost of the Implementation Contract and be subject to the payment terms outlined in the Contract. 2. JCI cannot provide a guaranteed, self-funding program. Page 2 of 4