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20-189.00 Avista Corp: CenterPlace Energy Efficiency Lighting Avista Corporation /Ili•_ _ East 1411 Mission Ave. �11,VISTA" Spokane,WA 99202 Commercial Energy Efficiency Agreement Issue Date: 06-03-20 Application No.77330(SSLP_73252) Contract No.D-77330 Account No. 7243240000 Customer's Legal Name:Spokane Valley Parks&Rec Taxpayer ID No. Mailing Address: 10210 E.Sprague Ave,Spokane Valley,WA 99206 Facility Address: Centerplace at Mirabeau,2426 N.Discovery Place,Spokane Valley,WA 99216 Contact Name:Will Hunt Energy Efficiency Project:Lighting-interior This Commercial Energy Efficiency Agreement ("Agreement") is entered into between Avista Corporation ("Avista") and the "Customer" identified above(collectively,the"Parties"). Avista has identified opportunities for the energy efficiency improvement measures ("Measures") at Customer's "Facility" identified in the "Energy Efficiency Improvements Report" incorporated into this Agreement by this reference as"Exhibit A". Customer intends to implement all or a portion of the Measures identified in Exhibit A to qualify for energy efficiency payments under Avista's Commission-approved Energy Efficiency Program(the"Program").Therefore the Parties agree as follows: Term of Agreement: This Agreement will become effective when executed by both Parties and remain in effect:(i)until Customer's Energy Efficiency Payment("Payment")has been disbursed if Customer's Payment is less than $50,000; OR(ii)for five(5)years commencing on the date installation of the Measures has been completed if Customer's Payment is greater than$50,000. Payment Calculation: The"Estimated"Payment identified in Exhibit A is based on estimated installation costs and estimated energy cost savings. If the Measures qualify for a Payment, the "Actual" Payment will be based on the "Approved Costs" defined immediately below,and the estimated energy cost savings. After the Measures have been implemented,Customer must provide documentation(acceptable to Avista)detailing the actual Measures installed to enable Avista to verify and/or recalculate:(i)the estimated energy savings,and(ii)the acceptable purchase and installation costs. If Avista determines that the actual installed costs are unsatisfactory,for any reason,Avista may,in its sole discretion,establish the acceptable installation costs (the "Approved Costs") to be used to calculate the Actual Payment. The Actual Payment will be calculated by:(i)dividing the Approved Costs by the estimated annual energy cost savings to determine the simple pay-back period and the corresponding "Incentive Level" reflected in Tariff Rate Schedules 90 (electric) and/or 190 (natural gas) (singularly, a "Rate Schedule"; collectively,the"Rate Schedules");and(ii)multiplying Customer's estimated,first-year energy savings by such Incentive Level. The Actual Payment will be a one-time payment,disbursed in accordance with Section 2 of the"Additional Terms" reflected on the back of this Agreement, and will be the LESSER OF the calculation described immediately above, OR fifty percent (50%) of the Approved Costs. In no event will the Actual Payment exceed 50%of the Approved Costs. If the Actual Payment is greater than $50,000,such Payment will be subject to reimbursement in accordance with Section 3 of the Additional Terms reflected on the back of this Agreement. Automatic Termination: In the event Customer fails to complete installation of the Measures by December 7,2020,this Agreement and Avista's obligations will terminate. Acceptance: The terms of this Agreement are valid for a period of 30 days from the"Issue Date"set forth above and,by signing this Agreement,Customer acknowledges acceptance of such terms. If Customer fails to return the signed Agreement within the requisite 30-day time period,Avista may,in its sole discretion,invalidate the terms of this Agreement. Funding and Acceptance: Customer understands that any Measures ordered, purchased and/or installed prior to Avista's written approval may not qualify for a rebate under the Program. Customer has read and understands this Agreement,and agrees to abide by its terms(includ' ,g, ^the/AdditionalLI:fleeted on thherback offtnhis Agreement)and the Program requirements. rVl ( ( ii e1 k��z2/20Z0 Customer/Authorized Representative Signature Date Avista Corporation Signature Date Avista Corporation 2"d Signature(for Payments over$100K) Date Revised 12t2020 DocuSign Envelope ID:2D4BA3C2-983F-4256-BBB6-2C9E74AA8E94 Avista Corporation Auk East 1411 Mission Ave. G11%if/STA Spokane,WA 99202 Commercial Energy Efficiency Agreement Issue Date: 06-03-20 Application No.77330(SSLP_73252) Contract No.D-77330 Account No. 7243240000 Customer's Legal Name:Spokane Valley Parks& Rec Taxpayer II)No. Mailing Address: 10210 E.Sprague Ave,Spokane Valley,WA 99206 Facility Address: Centerplace at Mirabeau,2426 N.Discovery Place,Spokane Valley,WA 99216 Contact Name: Will Hunt Energy Efficiency Project: Lighting-interior This Commercial Energy Efficiency Agreement ("Agreement") is entered into between Avista Corporation ("Avista") and the "Customer" identified above(collectively, the"Parties"). Avista has identified opportunities for the energy efficiency improvement measures ("Measures") at Customer's "Facility" identified in the "Energy Efficiency Improvements Report" incorporated into this Agreement by this reference as"Exhibit A". Customer intends to implement all or a portion of the Measures identified in Exhibit A to qualify for energy efficiency payments under Avista's Commission-approved Energy Efficiency Program (the"Program"). Therefore the Parties agree as follows: Term of Agreement: This Agreement will become effective when executed by both Parties and remain in effect: (i)until Customer's Energy Efficiency Payment("Payment") has been disbursed if Customer's Payment is less than $50,000; OR(ii) for five (5)years commencing on the date installation of the Measures has been completed if Customer's Payment is greater than$50,000. Payment Calculation: The"Estimated"Payment identified in Exhibit A is based on estimated installation costs and estimated energy cost savings. If the Measures qualify for a Payment, the "Actual" Payment will be based on the "Approved Costs" defined immediately below,and the estimated energy cost savings. After the Measures have been implemented,Customer must provide documentation(acceptable to Avista)detailing the actual Measures installed to enable Avista to verify and/or recalculate:(i)the estimated energy savings,and(ii)the acceptable purchase and installation costs. If Avista determines that the actual installed costs are unsatisfactory,for any reason,Avista may,in its sole discretion,establish the acceptable installation costs (the "Approved Costs") to be used to calculate the Actual Payment. The Actual Payment will be calculated by:(i)dividing the Approved Costs by the estimated annual energy cost savings to determine the simple pay-back period and the corresponding "Incentive Level" reflected in Tariff Rate Schedules 90 (electric) and/or 190 (natural gas) (singularly, a "Rate Schedule"; collectively,the"Rate Schedules");and(ii)multiplying Customer's estimated,first-year energy savings by such Incentive Level. The Actual Payment will be a one-time payment, disbursed in accordance with Section 2 of the"Additional Terms" reflected on the back of this Agreement, and will be the LESSER OF the calculation described immediately above, OR fifty percent (50%) of the Approved Costs. In no event will the Actual Payment exceed 50% of the Approved Costs. If the Actual Payment is greater than $50,000,such Payment will be subject to reimbursement in accordance with Section 3 of the Additional Terms reflected on the back of this Agreement. Automatic Termination: In the event Customer fails to complete installation of the Measures by December 7,2020,this Agreement and Avista's obligations will terminate. Acceptance: The terms of this Agreement are valid for a period of 30 days from the"Issue Date"set forth above and, by signing this Agreement, Customer acknowledges acceptance of such terms. If Customer fails to return the signed Agreement within the requisite 30-day time period,Avista may,in its sole discretion,invalidate the terms of this Agreement. Funding and Acceptance: Customer understands that any Measures ordered, purchased and/or installed prior to Avista's written approval may not qualify for a rebate under the Program. Customer has read and understands this Agreement,and agrees to abide by its terms(includi-tg the Additional rms reflected on the back of this Agreement)and the Program requirements. '�(l Ca , �,t Maier- /z2/z2� 0 �fltftfi�l'1'Altthorized Representative Signature Date ' (j L 4 .. oct-26-2020 1 10:10 AM PDT AvistaTCorporation Signature Date Avista Corporation 2"d Signature(for Payments over$I00K) Date Revised 12/2020 DocuSign Envelope ID:2D4BA3C2-983F-4256-BBB6-2C9E74AA8E94 Avista Corporation East 1411 Mission Ave. itrll/villSta Spokane,WA 99202 ADDITIONAL TERMS 1. Improvement Measures: Selection, Installation,Operation and Maintenance. Customer is solely responsible for the selection,purchase and installation of the Measures.Customer acknowledges that Avista's evaluation of the Measures is only for the purpose of determining Customer's eligibility under the Program. AVISTA MAKES NO ANI)DISCLAIMS ALL IMPLIED OR EXPRESS WARRANTIES(INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATION OR PROMISE WITH RESPECT TO THE EQUIPMENT,MATERIALS,OR LABOR REQUIRED TO INSTALL THE MEASURES AT CUSTOMER'S FACILITY,OR THE COST OF SUCH EQUIPMENT,MATERIALS AND LABOR,OR ANY ENERGY SAVINGS THAT MAY ACCRUE FROM THE INSTALLATION OF SUCH MEASURES.Customer,at its sole expense, is responsible for any required maintenance,repair and/or replacement of the Measures.In the event any of the Measures become defective or fail to operate properly, Customer shall repair each Measure in such a manner as to maintain or exceed the original energy efficiency rating of such Measure,or replace such Measure with a Measure that has equal or higher efficiency ratings. 2. Payment. While the Payment is a one-time payment,the method of disbursement will be as agreed to by the Parties,in writing(e-mail acceptable), and may include,without limitation,a one-time cash payment,multiple cash payments over a period of time,or offsets to Customer's energy bills. Avista will calculate the Payment in accordance with the applicable Rate Schedule(s), and such calculation will be considered final. Customer is responsible for payment of any federal,state and/or local income and/or corporate tax liability associated with receipt of a Payment.This Agreement applies only to the Facility and Measure(s)specified in Exhibit A;Customer must submit a new Application for each additional project. 3. Payment Reimbursement. If Customer's Payment is greater than S50,000 and, during the 5-year term of this Agreement, Customer: (i) chooses to take electric or natural gas service from Avista(or any other supplier)under rate schedule(s)that do not fund the Program; (ii) fails to properly maintain or replace the Measures in accordance with this Agreement;or(iii)closes its business(each,a"Customer Action"), Customer shall reimburse Avista for that portion of the Payment that will not be recovered by Avista because of Customer's failure to provide the energy savings anticipated under this Agreement. In the event Customer's obligations arc assigned in accordance with this Agreement,the assignee will be responsible for assuming Customer's obligations set forth herein. 4. Inspection of Facilities. After the Measures have been installed,Avista may inspect such Measures during reasonable hours,at its sole option, to verify such installation and Customer's compliance with its performance obligations under this Agreement. This provision does not impose upon Avista an obligation to inspect the Measures,and is not intended to substitute for,or relieve Customer of any responsibilities related to the purchase, design,installation,operation and/or maintenance of such Measures. 5. Continued Availability. The Payment is contingent upon continued funding availability for the Program through Avista's Rate Schedules. 6. Sub-metering. Customer shall:(i) permit Avista to install and maintain sub-metering equipment(at Avista's sole expense), and (ii) provide Avista with reasonable access to such sub-metering equipment for meter reading or maintenance purposes. 7. Compliance with Laws. Customer shall insure that it,its agents and employees,and/or any subcontractor(s)it retains to install or maintain the Measures,are familiar with,and at all times will comply with all applicable federal,state and/or local laws,codes,ordinances,rules and regulations pertaining to the installation,maintenance,operation and/or use of the Measures. 8. Release of Information. Customer authorizes Avista to provide information related to the electric and/or natural gas services at the Facility including, but not limited to, Customer's contact name and phone number, service address, pertinent usage history, and incentive information (collectively,"Customer Information")to authorized entities who need such Customer Information to verify,without limitation,energy savings related to Measures installed at Customer's Facility and Avista's compliance with federal and state Energy Efficiency Standards. 9. Disclaimer and Indemnity. Customer certifies that it is voluntarily participating in the Program;that Avista is providing funding and analysis, only;and that Avista assumes no liability for: (i)Customer's decision to enter into this Agreement,(ii)the Measures selected by Customer,(iii)any third party selected by Customer to install such Measures,or(iv)any disputes arising out of repair or replacement of such Measures. To the extent permitted by law, Customer shall indemnify and, if requested to do so,defend Avista and its agents and employees from all claims, losses, harm, liabilities,damages and expenses(including attorneys'fees),or allegations of same,arising as a result of this Agreement. 10. Disposal of Existing Equipment. All equipment and materials removed and/or replaced at the Facility must be permanently disabled and, without limitation,sold for scrap,and/or removed from the Facility and destroyed,at Customer's sole expense. Customer shall dispose of all equipment and materials removed and/or replaced in accordance with applicable laws. I I. Assignment. This Agreement will inure to the benefit of and be binding upon the successors and assigns of the respective Parties. 12. Governing Law and Venue. This Agreement will be construed and interpreted in accordance with the laws of either the State of Washington or the State of Idaho,depending upon the Facility Address reflected in Exhibit A,excluding any choice of law rules which may direct the application of the laws of another jurisdiction. Any action to enforce the terms of this Agreement will be brought in a court of competent jurisdiction where Customer's Facility is located. 13. Attorney's Fees. If any action is brought to enforce this Agreement,the prevailing party in such action will be entitled to an award of reasonable attorney's fees and costs incurred in such action,in addition to any other relief available to it at law or in equity. 14. Amendment and Waiver. This Agreement may not be modified or varied except by written agreement between the Parties. If,at any time,the terms of this Agreement are not strictly adhered to or enforced,such requirements will not be deemed waived or modified,but will,be deemed to be in full force and effect at all subsequent times. 15. Entirety of Agreement. This Agreement:(i) is the entire agreement between the Parties concerning its subject matter and supersedes all prior agreements and understandings whether or not written;and(ii)is not intended to confer upon any entity other than Avista and Customer,any rights or remedies hereunder. Revised 12/2020 DocuSign Envelope ID:2D4BA3C2-983F-4256-BBB6-2C9E74AA8E94 VP— AiVISTA' Avista Energy Efficiency Programs: Site Specific Lighting Program June 03,2020 Spokane Valley Parks &Rec 2426 N DISCOVERY PL SPOKANE VALLEY,WA,99216 Summary of Proposed Site Specific Lighting Measures Electric Demand Energy Simple Simple Brief COST Savings Savings Cost Payback Potential Payback Description (kWh) (kW) Savings Before Incentive After incentive Incentive Interior Lighting $ 1,527.05 16,959.18 3.26 $ 1,192.57 1.28 YR $ 1,068.94 0.38 YR Totals *Changes following the completion of this evaluation in product(s) used,scope of the project(s), hours of operation, cost of the project(s)or savings from the measure(s)may change the incentive amount(s). Site specific projects with over a 15 year simple payback are not eligible for incentives. Simple payback is based on the incremental cost of a measure divided by the estimated annual energy savings at the time of the measure analysis. Incremental costs are only those project costs necessary for the efficiency improvements. Only totals from qualified/approved measures submitted are displayed in this table. Scope of Work: The above incentives are based on information provided by the customer or their representative through Angela Koker of Avista. Measure Summary:The following lighting upgrades were provided: DocuSign Envelope ID:2D4BA3C2-983F-4256-BBB6-2C9E74AA8E94 Annual Facility Space Exist. Exist.Watts Exist. Prop.Watts Annual Lumen Exist.Fixture Prop.Qty Prop.Fixture Hours of Type Qty each Hours each Average Change Operation Reduction Area 90 1L 55W CF 62 4160 90 18W Pin Base LED 18 4160 2.45 73.33% Lighting Customer account history over the past two years (Schedule W021 account 7243240000)shows an average electric energy usage for the facility of 672,542.61 kWh. The proposed LEDs were found to be included on the Design Lights Consortium® ("DLC") and/or the ENERGY STAR Qualified Products List.Avista does not take responsibility for any adverse effects of lumen level changes or lighting design in general.Therefore, it is recommended that you retrofit/replace only a couple of fixtures to determine if the lighting output will be sufficient for your specific visual/safety lighting needs. Upgrades will also impact the facility's heating system requiring 299.43 Therms of additional natural gas due to the updated lighting components creating less heat in the space. Please contact your Account Executive,Angela Koker at 509-495-8051 or by email at Angela.Koker@Avistacorp.com if additional documentation associated with this summary information is desired. Please note that any changes in the project costs or specifications of the Site Specific project may change the incentive amount. Respectfully prepared by Avista DSM Engineering Project Number:SSLP_73252 Avista is dedicated to making accurate predictions associated with energy efficiency savings, and believes the information contained herein is a reasonable and accurate representation of energy usage and opportunities in your facility. However, the project costs, energy savings and incentives detailed herein are estimates,subject to change, and dependent on customer eligibility. Changes to your facility, projects, or the underlying data and assumptions provided may result in changes to and/or or the elimination of available incentives.Avista does not warrant the accuracy, completeness or usefulness of any information provided. Your use of the information contained herein is at your own risk, and without recourse to Avista for any damages resulting from your use of the information, equipment, methods or processes discussed herein. Review of the entire "Energy Efficiency Evaluation Report"is encouraged, and may be necessary to understand all preconditions to your eligibility for identified incentives.