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060-23 - Puget Sound Energy - ContractDocuSign Envelope ID: 98C198DD-9296-4EB6-969E-2CC57EAD04BB PUGET SOUND ENERGY Conservation Agreement No.: rogram: Project No.: STREET LIGHTING CONSERVATION GRANT AGREEMENT Business Lighting 1 This AGREEMENT is made this _28 day of June , 2023 , by and between PUGET SOUND ENERGY ("PSE") and CITY OF PORT ORCHARD ("Participant"). RECITALS P1332252 A. Under PSE's Electric Schedule 83 and Gas Schedule 183, as currently in effect and on file with the Washington Utilities and Transportation Commission (collectively, "Tariffs"), PSE offers grants for certain conservation measures installed or implemented at facilities that receive electric or natural gas service from PSE. B. Participant intends to install or implement conservation measures and is requesting a grant from PSE. AGREEMENTS PSE and Participant agree as follows: PROJECT PREMISES/METER LOCATION ADDRESS: 216 PROSPECT ST, PORT ORCHARD, WA 98366 - RELIGHT WASHINGTON (TIB) - CITY OF PORT ORCHARD PH 1 (Please note: meter location/address may differ from the site mailing address). PSE Pole Services will, on behalf of the Participant, install, implement, purchase, or finance the conservation measures listed in paragraph 2 ("Conservation Measures") at the above located facilities (the "Premises"). Participant represents either (a) that it is the owner or otherwise has the lawful authority to make the statements herein on behalf of the owner of the Premises, or (b) that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner of the Premises. 2• Conservation Measures. Participant represents that it will purchase equipment or materials or has entered or will enter into an agreement with one or more contractors (the "Contractor") for the purchase and installation or implementation at the Premises of the Conservation Measures which may be detailed in Attachment C: Attachment to Conservation Grant, at the following costs: Conservation Measures Measure Total Cost Eligible Grant Life 1. Lighting - Custom 20 $10,920 $10,920 TOTAL (includes sales tax) $10,920 $10,920 Participant represents that the total cost of the Conservation Measures is the net amount of its obligation with respect thereto. 4386 4/13 rev 9/1/2020 Page 1 of 5 DocuSign Envelope ID: 98C198DD-9296-4EB6-969E-2CC57EAD04BB PUGET SOUND ENERGY Conservation Program: Agreement No.: Project No.: Business Lighting 1 P1332252 3. Grant. Upon the execution by all parties and PSE's receipt of this Conservation Grant Agreement within 90 days of the agreement date, PSE agrees to grant the Participant, after installation and confirmation by PSE of the Conservation Measures, an amount equal to the Eligible Conservation Grant ("the Grant") set forth in Attachment C. The parties agree that the Conservation Measures must be installed and the Grant paid within 12 months for projects saving less than 100,000 kWh or 24 months for projects saving 100,000 kWh or more of the signing of this Conservation Grant Agreement. Savings are shown on Attachment C-Lighting Installations. If for any reason the installed cost of the Conservation Measures is less than the amount shown above and on Attachment C-Lighting Installations, PSE may decrease pro rata the amount of the Grant. The Participant shall be responsible for paying any amount in excess of the amount of the Grant. 4. RESERVED. 5. Access & Inspection: Participant agrees to promptly provide PSE, upon request, and for a period no shorter than the longest applicable measure life, reasonable access to and inspection of the Conservation Measures installed therein before, during and/or after implementation. 6. Release. Participant releases PSE Energy Efficiency Services from any and all claims, losses, harm, costs, liabilities, damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures, (c) the installation of the Conservation Measures, or (d) the identification, handling and disposal of any associated hazardous waste materials. 7. Disclaimer. PSE conducts energy analyses at the request of its customers to determine the extent to which conservation measures are cost—effective. Any estimate of energy savings made by PSE in connection with any such analyses is solely for the purpose of determining the cost—effectiveness of the particular conservation measures and not to be used for any other purpose. PSE has not and does not make any promise, warranty or representation with respect to any savings in energy consumption from Conservation Measures. 8. Termination. In the event a Participant's contribution to PSE's recovery of energy efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the measure(s) to the total Measure Life of such Conservation Measure(s) multiplied by the dollar amount of the Grant with respect to such Conservation Measure(s). 9. Incorporation of tariffs by reference. This Agreement and the Attachment To Conservation Grant are subject to the terms of the Tariffs, incorporated herein by reference. Specific terms and conditions from one or more conservation schedules from similar filed tariffs may also apply, as determined by PSE at its sole discretion, based on various criteria. A complete list of conservation schedules is available at: http://pse.com/abogtpse/Rates/Paizes/Electric-Rate-Schedules. aspx? Schedule _x0020_Type=Conservation. 10. Entire Agreement. This Agreement and its attachments set forth the entire agreement between the parties and supersede any and all prior agreements with respect to the Conservation Measures. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. 4386 4/13 rev 9/1/2020 Page 2 of 5 DocuSign Envelope ID: 98C198DD-9296-4EB6-969E-2CC57EAD04BB PUGET SOUND ENERGY PUGET SOUND ENERGY By: dlti �•t/` U—® By Michael Lane at 7.30 am, Jun 28, 2023 Name: Michael Lane Title: Supv Energy Mgmt. Engineering Conservation Program: Business Lighting Agreement No.: 1 Project No.: P1332252 PARTICIPANT CITY OF PORT ORCHARD DocuSi'gnl1ed by: By: �b� �W AGtdn SUU Rob Putaansuu Print Name: Title: Mayor Federal Tax I.D. No.: 4386 4/13 rev 9/1/2020 Page 3 of 5 DocuSign Envelope ID: 98C198DD-9296-4EB6-969E-2CC57EAD04BB PUGET SOUND ENERGY Conservation Agreement No.rogram: Project No.: STREET LIGHTING ATTACHMENT C TO CONSERVATION GRANT AGREEMENT Conservation Measure(s) shall consist of the following: In RELIGHT WASHINGTON (TIB) - CITY OF PORT ORCHARD PH 1 Location: Business Lighting 1 P1332252 This project shall implement the Street Lighting project defined in the attached "Grant Attachment C - Lighting Installations" of the PSE Business Lighting Incentive Program Application. At a minimum the project shall follow these specifications: • LED Fixtures and Lamps: All Fixtures and Lamps must be UL or ETL listed, have a Power Factor 90% or greater, and have a Manufacturer's Warranty of five years or greater. Data shall be listed on the required manufacturer's specification sheet and the sheet shall include the Total Input watts (LED module plus driver) of the fixture or lamp. The above specifications are solely for the purpose of defining energy -related components of Conservation Measure(s) for which the Grant is offered. Puget Sound Energy is not responsible for ensuring the health, safety, comfort, or well-being of workers or facility occupants or the suitability of equipment selected for the intended application. It is the responsibility of the grant Participant and the Participant's hired designers, contractors, consultants to ensure compliance of the Conservation Measure(s) with Participant's needs and all applicable codes and standards. The following shall be submitted by Participant prior to Grant payment: ® Completed Request for Taxpayer I.D. Number ("W-9"). ® Copies of invoicing (no purchase orders, quotes, or estimates) for all expenses, including but not limited to equipment, materials, and labor associated with installation of Conservation Measure(s). ❑ Other (specify): 4386 4/13 rev 9/1/2020 Page 4 of 6 DocuSign Envelope ID: 98C198DD-9296-4EB6-969E-2CC57EAD04BB PUGET SOUND ENERGY Conservation Agreement No.rogram: Project No.: STREET LIGHTING ATTACHMENT C TO CONSERVATION GRANT AGREEMENT Conservation Measure(s) shall be verified as follows prior to Grant payment: Business Lighting 1 PSE shall conduct the following as the verification process: 1. PSE reserves the right to conduct a final site visit for verification of completion of project. 2. Projects may require additional back-up documentation as requested by PSE Representative. 3. Projects installed by Pole Services will be verified using PSE billing records. P1332252 If intended energy savings are not being achieved by Conservation Measure(s) because specified equipment efficiency parameters or performance parameters defined above are not used, Participant shall be required to correct such deficiencies prior to Grant payment. 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