APPENDIX D: LOCAL LIHEAP & WAP PROVIDERS: SAMPLE SUBCONTRACT WITH LIHEAP AND WAP PROVIDERS
APPENDIX D: LOCAL LIHEAP & WAP PROVIDERS: SAMPLE SUBCONTRACT WITH LIHEAP AND WAP PROVIDERS
Utility Name / County(s) / LIEAP Provider / Weatherization ProviderAlgoma Utility Commission / Kewaunee / KewauneeCounty / Women's Employment Project
Arcadia Electric & Water Utility / Trempealeau / TrempealeauCounty / Western Dairyland EOC
Argyle Electric & Water Utility / Lafayette / LafayetteCounty / Southwest CAP
Bangor Municipal Utility / LaCrosse / LaCrosseCounty / WI Coulee CAP
Barron Light & Water Utility / Barron / BarronCounty / West CAP
Belmont Water & Electric Utility / Lafayette / LafayetteCounty / Southwest CAP
Benton Electric & Water Utility / Lafayette / LafayetteCounty / Southwest CAP
Black Earth Electric Utility / Dane / Energy Services, Inc. / Project Home, Inc.
Black RiverFalls Municipal Utility / Jackson / JacksonCounty / Western Dairyland EOC
Bloomer Electric Utility / Chippewa / ChippewaCounty / West CAP
Boscobel Municipal Utilities / Crawford / WI Coulee CAP / WI Coulee CAP
Brodhead Water & Light / Green/Rock / Green County/Energy Services, Inc. / Project Home, Inc./CAI Rock/Walworth
Cadott Light & Water Utility / Chippewa / ChippewaCounty / West CAP
Cashton Electric & Water Utility / Monroe / WI Coulee CAP / WI Coulee CAP
Cedarburg Light & Water / Ozaukee / OzaukeeCounty / Partners for Community Development
Centuria Municipal Electric Utility / Polk / PolkCounty / West CAP
Clintonville Water & Electric / Waupaca / Energy Services, Inc. / CAP Services, Inc.
Columbus Water & Light Department / Columbia/Dodge / Energy Services, Inc. / Central WI CAC/Hartford CDA
Cornell Water & Electric Utility / Chippewa / ChippewaCounty / West CAP
CubaCity Electric & Water / Lafayette/Grant / Lafayette County/Grant County / Southwest CAP
Cumberland Municipal Utility / Barron / BarronCounty / West CAP
EagleRiver Light & Water / Vilas / VilasCounty / Ashland Co. Housing Authority
Elkhorn Light & Water Utility / Walworth / WalworthCounty / CAI Rock/Walworth
Elroy Electric & Water Utility / Juneau / Central WI CAC / Central WI CAC
Evansville Water & Light Department / Rock / Energy Services, Inc. / CAI Rock/Walworth
Fennimore Water & Light / Grant / GrantCounty / Southwest CAP
Florence Utility Commission / Florence / FlorenceCounty / NEWCAP, Inc.
Gresham Light & Power Company / Shawano / Forward Services Corp. / NEWCAP, Inc.
Hartford Utilities / Washington / WashingtonCounty / Hartford CDA
Hazel Green Municipal Utility / Lafayette/Grant / Lafayette County/Grant County / Southwest CAP
Hustisford Utilities / Dodge / Energy Services, Inc. / Hartford CDA
Jefferson Water & Electric Department / Jefferson / Energy Services, Inc. / La Casa de Esperanza
Juneau Utility Commission / Dodge / Energy Services, Inc. / Hartford CDA
Kaukauna Electric & Water / Outagamie / OutagamieCounty / Weatherization Services HAOC
Kiel Utilities / Manitowoc/Calumet / Manitowoc County/Calumet County / Partners/Weatherization Services
Lafarge Electric Utility / Vernon / VernonCounty / WI Coulee CAP
LakeMills Light & Water / Jefferson / Energy Services, Inc. / La Casa de Esperanza
Lodi Light & Water Utility / Columbia / Energy Services, Inc. / Central WI CAC
Manitowoc Public Utilities / Manitowoc / ManitowocCounty / Partners for Community Development
Marshfield Electric & Water / Wood/Marathon / Wood County/Energy Services, Inc. / North Central CAP
Mazomanie Electric Utility / Dane / Energy Services, Inc. / Project Home, Inc.
Medford Electric Utility / Taylor / TaylorCounty / Indianhead CAA
Menasha Utilities / Winnebago / WinnebagoCounty / ADVOCAP, Inc.
Merrillan Electric & Water Utility / Jackson / JacksonCounty / Western Dairyland EOC
MountHoreb Electric Utility / Dane / Energy Services, Inc. / Project Home, Inc.
Muscoda Light & Water / Grant / GrantCounty / Southwest CAP
New Glarus Light & Water / Green / GreenCounty / Project Home, Inc.
New Holstein Public Utility / Calumet / CalumetCounty / Weatherization Services HAOC
New Lisbon Electric & Water / Juneau / Central WI CAC / Central WI CAC
New London Electric & Water / Outagamie/Waupaca / Outagamie County/Energy Services, Inc. / Weatherization Services HAOC/CAP Services
New RichmondCity Utilities / Juneau / Central WI CAC / Central WI CAC
Oconomowoc Utilities / Waukesha / Energy Services, Inc. / La Casa de Esperanza
OcontoFalls Water & Light / Oconto / OcontoCounty / NEWCAP, Inc.
Pardeeville Electric Utilities / Columbia / Energy Services, Inc. / Central WI CAC
Plymouth Utilities / Sheboygan / SheboyganCounty / Partners for Community Development
Prairie du Sac Electric & Water / Sauk / Energy Services, Inc. / Central WI CAC
Princeton Water & Electric / GreenLake / GreenLakeCounty / ADVOCAP, Inc.
Reedsburg Utility Commission / Sauk / Energy Services, Inc. / Central WI CAC
RiceLake Utilities / Barron / BarronCounty / West CAP
RichlandCenter Electric Utility / Richland / Southwest CAP / Southwest CAP
RiverFalls Municipal Utility / Pierce / PierceCounty / West CAP
SaukCity Water & Light Utility / Sauk / Energy Services, Inc. / Central WI CAC
Shawano Municipal Utilities / Shawano / Forward Services Corp. / NEWCAP, Inc.
SheboyganFalls Utility / Sheboygan / SheboyganCounty / Partners for Community Development
Shullsburg Electric Utility / Lafayette / LafayetteCounty / Southwest CAP
Slinger Utilities / Washington / WashingtonCounty / Hartford CDA
Spooner Municipal Utilities / Washburn / WashburnCounty / Indianhead CAA
Stoughton Electric Utility / Dane / Energy Services, Inc. / Project Home, Inc.
Stratford Water & Electric / Marathon / Energy Services, Inc. / North Central CAP
SturgeonBay Utilities / Door / Women's Employment Project / Women's Employment Project
Sun Prairie Water & Light / Dane / Energy Services, Inc. / Project Home, Inc.
Trempealeau Electric & Water / Trempealeau / TrempealeauCounty / Western Dairyland EOC
Two Rivers Water & Light / Manitowoc / ManitowocCounty / Partners for Community Development
Viola Water & Electric / Richland/Vernon / Southwest CAP/Vernon County / Southwest CAP/WI Coulee CAP
Waterloo Water & Light / Jefferson / Energy Services, Inc. / La Casa de Esperanza
Waunakee Water & Light / Dane / Energy Services, Inc. / Project Home, Inc.
Waupun Public Utilities / Dodge/Fond du Lac / Energy Services, Inc./Fond du LacCounty / Hartford CDA/ADVOCAP, Inc.
Westby Electric & Water / Vernon / VernonCounty / WI Coulee CAP
Whitehall Electric Utility / Trempealeau / TrempealeauCounty / Western Dairyland EOC
Wisconsin Dells Electric Utility / Columbia / Energy Services, Inc. / Central WI CAC
Wisconsin Rapids WW&LC / Wood / WoodCounty / North Central CAP
Wonewoc Water & Electric / Juneau / Central WI CAC / Central WI CAC
Area / LIEAP Provider / Weatherization Provider
Adams - Columbia / Central WI CAC / Central WI CAC
Energy Services, Inc.
Barron / BarronCounty / West CAP
Bayfield / BayfieldCounty / AshlandCountyHousing Authority
Central Wisconsin / Energy Services, Inc. / CAP Services, Inc.
ChippewaValley / ChippewaCounty / West CAP
Clark / ClarkCounty / Indianhead CAA
Dunn / DunnCounty / West CAP
Eau Claire / Eau ClaireCounty / Western Dairyland EOC
Head of the Lakes / NW WI Community Services / City of Superior / DouglasCounty
Jackson / JacksonCounty / Western Dairyland EOC
JumpRiver / TaylorCounty / Indianhead CAA
Oakdale / WI Coulee CAP / WI Coulee CAP / MonroeCounty
Oconto / OcontoCounty / NEWCAP
Pierce-Pepin / PierceCounty / West CAP
PepinCounty / West CAP
Polk-Burnett / PolkCounty / West CAP
BurnettCounty / Indianhead CAA
Price / PriceCounty / AshlandCountyHousing Authority
Richland / Southwest CAP / Southwest CAP
Riverland / TrempeleauCounty / Western Dairyland EOC / Arcadia
BuffaloCounty
RockCounty / Energy Services, Inc. / CAI Rock/Walworth
ScenicRiver / GrantCounty / Southwest CAP
St. Croix / St. CroixCounty / West CAP
Taylor / TaylorCounty / Indianhead CAA
Vernon / VernonCounty / WI Coulee CAP
WISCONSIN ENERGY CONSERVATION CORPORATION
211 South Paterson Street, Third Floor
Madison, WI 53703
SUBCONTRACTOR AGREEMENT
This Subcontractor Agreement is made and entered into this 1st day of January 2000, by and between Wisconsin Energy Conservation Corporation (hereinafter referred to as WECC) whose principal business address is 211 South Paterson Street, Third Floor, Madison, Wisconsin 53703, and ADVOCAP, Inc., (hereinafter referred to as ADVOCAP, Inc.) whose principal business address is 2929 Harrison Street, Oshkosh, WI, 54901.
The WECC employee responsible for the administration of this Agreement is Suzanne Harmelink. The ADVOCAP, Inc. employee responsible for the administration of this Agreement is Tom Rowland.
SCOPE OF SERVICES
Wisconsin Public Service Corporation (WPSC) has retained WECC to administer WPSC's Low Income Weatherization Program. ADVOCAP, Inc. has agreed to provide weatherization services to eligible WPSC customers as described in the Weatherization Assistance Manual, a copy of which has been previously supplied to ADVOCAP, Inc. and is incorporated herein by reference.
COMMENCEMENT AND COMPLETION OF WORK
ADVOCAP, Inc. will commence work promptly upon receipt of authorization to proceed from WECC. ADVOCAP, Inc. will complete the services by December 31, 2000.
COMMENCEMENT AND COMPLETION OF INDIVIDUAL WEATHERIZATION JOBS
For non-emergency jobs, ADVOCAP, Inc. will conduct an audit within two weeks from receipt of WECC referral. All measures identified during the audit will be installed within 60 days of the audit. Emergency referrals are completed as defined in the Weatherization Assistance Manual. Failure to complete weatherization jobs as described above may result in the reallocation of funds.
COMPENSATION/TERMS FOR PAYMENT
The Weatherization Assistance Manual defines the compensation rates and describes the manner in which ADVOCAP, Inc. will receive payment for services. Compensation will be paid to a maximum amount of $155,000.00 during the term of this Agreement. Funds unspent as of December 31, 2000 cannot be carried over into 2001. Unspent amounts and therm and kWh estimated savings as of September 30, 2000 will be reviewed by WECC. Should remaining budget and estimated savings be significantly below target, funds may be reallocated to ensure program goals will be met by December 31, 2000. ADVOCAP, Inc.’ s 2000 annual therm goal is 37,500 and kWh goal is 75,000. ADVOCAP, Inc. has not been approved for stand alone job completions during the 2000 contract period.
Invoices and production reports (as specified in the Weatherization Assistance Manual) are due on the 10th of each month and include activity for the previous month. Payment will be made to ADVOCAP, Inc. based on the acceptance by WECC of required invoice and production reports as described in the Weatherization Assistance Manual. WECC will issue payment to ADVOCAP, Inc. within five working days of WECC's receipt of payment from WPSC.
INSURANCE
ADVOCAP, Inc. is required to carry the following types of insurance: worker's compensation, comprehensive general liability, automobile liability, and professional liability. The minimum limits for worker's compensation are established by state law. The comprehensive general liability will have a contractual liability endorsement and minimum coverage limits of $1,000,000 each occurrence. The minimum limits for automobile liability coverages will be $1,000,000 each accident. The automobile liability policies will cover all owned, hired, or rented automobiles used in work performed under this Agreement. The minimum limits for profession liability coverage will be $1,000,000 each claim. Except with respect to worker's compensation and professional liability, WECC and WPSC will be named as an additional insured on the above policies. ADVOCAP, Inc. is to provide WECC with a certificate of insurance for the above coverage prior to beginning work on this Agreement.
All subcontractors used by ADVOCAP, Inc. must carry the insurance amounts described above. ADVOCAP, Inc. will require insurance certificates for all subcontractors conducting work under this Agreement.
INDEMNIFICATION
To the fullest extent permitted by law, ADVOCAP, Inc. agrees to fully indemnify and completely hold harmless WECC, WPSC, their agents, insurers and/or employees from and against all actions, claims, demands, liabilities, damages, losses, costs and expenses, including but not limited to attorney’s fees (and any other costs associated with the handling of or defense of any such action or claim of any kind), which relate to personal or bodily injury, sickness, disease, death, or injury, or damage to property of any kind (including without limitation the loss of use thereof), and including without limitation any consequential damage arising therefrom, where all or any part of such actions, claims, damages, losses, liabilities, costs, or expenses in any way arise out of or by reason of, or are claimed to arise out of or by reason of, in whole or in part, any act or omission of ADVOCAP, Inc. or anyone directly or indirectly employed by it or anyone else for whose acts it may be liable. ADVOCAP, Inc. will fully indemnify and completely hold harmless WECC and WPSC, as set forth above, whether or not negligent or other fault of ADVOCAP, Inc. or its agents or employees or any other party indemnified hereunder, contributed to, or is claimed or alleged to have contributed to, the claim, action, damage, loss, cost, liability, or expense. The only instance in which ADVOCAP, Inc. will not fully indemnify and completely hold harmless WECC and WPSC as set forth above is where the claim is based solely upon the alleged fault of WECC and/or WPSC and WECC’s and/or WPSC’s fault is adjudicated to be the sole cause of all the claim, action, damage, loss, liability, or expense.
CONFIDENTIALITY
ADVOCAP, Inc. is required to sign a Confidentiality Agreement which is attached to this Agreement and incorporated herein by reference. (See Attachment A)
TERMINATION
Each party has the right to cancel this Agreement for its convenience by written or telegraphic notice at any time. In the event of termination, ADVOCAP, Inc., Inc will use its best efforts to immediately curtail all charges and commitments made under this Agreement. If WECC requests the termination, it will pay ADVOCAP, Inc. for the work actually performed and all expenses incurred or becomes obligated for prior to the date of termination. If ADVOCAP, Inc. terminates, it will be responsible for all costs and expenses incurred by WECC in hiring another party to complete the work
INDEPENDENT CONTRACTOR
In performing the obligations of this Agreement, ADVOCAP, Inc. is an independent contractor and not an employee of WECC or WPSC.
WARRANTY
ADVOCAP, Inc. warrants: (a) that the Services are to be performed in a good and workmanlike manner, in accordance with any established professional standards for such services and the best practices in ADVOCAP, Inc.’s industry, (b) that the Services and any reports, drawings, advice and other products of the Services will comply with all applicable laws, regulations, codes, and ordinances, that the Services and any goods fabricated or modified or action implemented on the basis or through the use of any reports, drawings, advice, or other products of the Services, will be good and sufficient to accomplish the results identified therefor by WECC and/or WPSC, consistently with any specifications and other requirements of WECC and/or WPSC, and with applicable laws, regulations, codes, and ordinances, and (d) that, to the extent that the Services involve Technology to WECC and/or WPSC, use of such Technology by WECC and/or WPSC, does not infringe or violate any patent, copyright, trade secret, mask work or other proprietary right of any person or entity, and, to the extent that the Services involve development of Technology, WECC and or WPSC will obtain such Technology without liability and without restriction. In the event of any failure by ADVOCAP, Inc. to comply with this warranty, WECC and/or WPSC may, in addition to exercising any of its other rights and remedies under this Agreement or otherwise at law, require that ADVOCAP, Inc. perform the Services again, properly and at no additional expense to WECC and/or WPSC.
ASSIGN OR SUBLET
ADVOCAP, Inc. will not assign or sublet this Agreement or any part thereof without the written consent of WECC.
MAINTENANCE OF RECORDS
ADVOCAP, Inc. will maintain accurate records pertaining to the Services and all transactions related thereto and agrees to retain all such records for not less than three years after completion of the Agreement. The records so maintained will be sufficient and acceptable to WECC and WPSC. Any representative(s) authorized by WECC or WPSC may through the use of such records and other information available to WECC and/or WPSC, audit any and all transactions related thereto for the purpose of determining whether there has been compliance with this Agreement.
This Agreement constitutes the entire understanding and agreement between the parties for the services and supersedes any and all prior representations and agreements, whether written or oral. No waiver, alteration, consent, or modification of any of the provisions of this Agreement will be binding on WECC or ADVOCAP, Inc. unless in writing and signed by a duly authorized representative of each party.
ADVOCAP, Inc.Wisconsin Energy Conservation Corporation
Name:Janet Brandt
Executive Director
Title:
Date: Date:
MEUW Public Benefits Guide
8/25/00
WISCONSIN ENERGY CONSERVATION CORPORATION
211 South Paterson Street, Third Floor
Madison, WI53703
SUBCONTRACTOR AGREEMENT
CONFIDENTIALITY AGREEMENT ATTACHMENT A
ADVOCAP, Inc. understands and acknowledges that Confidential Information is being revealed to ADVOCAP, Inc. in strict confidence solely for the purpose of allowing ADVOCAP, Inc. to perform the Services. ADVOCAP, Inc. will not use, or induce others to use, any Confidential Information for any other purpose whatsoever, nor, at any time, directly or indirectly, print, copy, or otherwise reproduce, in whole or in part, any Confidential Information, without prior consent of WECC or WPSC.
ADVOCAP, Inc. will not disclose or reveal any Confidential Information to anyone except those of ADVOCAP, Inc.’s employees with a definable need to know. Further, prior to revealing or disclosing Confidential Information to such employees, ADVOCAP, Inc. will require the employees to agree to and be bound by the terms of this Agreement, and to subscribe hereto.