Loading...
R-24-26VILLAGE OF DEERFIELD RESOLUTION NO. 2024- R-24-26 A RESOLUTION APPROVING AN AGREEMENT WITH BA LIGHTING, LLC OF WAUCONDA, ILLINOIS FOR LIGHTING UPGRADE SERVICES WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village desires to retain a firm to upgrade Village light fixtures ("Work'; and WHEREAS, the Village received a proposal from BA Lighting, LLC of Wauconda, Illinois ("Vendor's to provide the Work; and WHEREAS, the Village has performed satisfactory work for the Village in the past; and WHEREAS, the Village and Vendor desire to enter into an agreement for the provision of the Work by Vendor ("Agreement'); and WHEREAS, the Mayor and Board of Trustees have determined that entering into the Agreement with Vendor will serve and be in the best interest of the Village and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. , SECTION 2: WAIVER OF COMPETITIVE BIDDING. Pursuant to section 9-16 of the Village Code and the Village's home rule authority, the Village Board waives the requirement of competitive bidding for the procurement of the Work. SECTION 3: APPROVAL OF AGREEMENT. Pursuant to the Village's home rule authority, the Agreement by and between the Village and Vendor is hereby approved in substantially the form attached to this Resolution as Exhibit A, and in a final form and substance acceptable to the Village Manager and the Village Attorney. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the final Agreement upon receipt by the Village Clerk of at least one original copy of the final Agreement executed by Vendor; provided, however, that if the executed copy of the final Agreement is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Mayor and Board of Trustees, be null and void. 100124077.11 SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: March 18, 2024 APPROVED: March 28, 2024 RESOLUTION NO: R-24-26 Daniel C. Shapiro, Mayor ATTEST: W. I ILM Daniel Van Dusen, Deputy Village Clerk {00124077.1} EXHIBIT A Agreement {00124077.1) comed Energy Efficiency AN EXELON COMPANY Assessment Report Justin Keenan • Deerfield Basement 850 Waukegan Road, Deerfield, IL 60015-3206 The figures below represent your current energy use and where you'll end up after installing the recommended improvements. Current Energy Usage 744,780 kWh/yr After Installing Your Selected Improvements 722,478 kWh/yr Total Incentives $10,798.05 Estimated Payback Period After Incentives 21.9 years Estimated Annual Cost Savingst $1,784.19 [Estimated savings based on average retail price of $0.08 per kWh and $0.70 per therm for commercial customers. Thursday, February 22, 2024 ComEd provides instant incentives to reduce your upfront project costs. The table below shows your project costs before and after your instant incentives. Cost of Selected Improvements $49,896.00 Total Instant Incentives from ComEd* - $9,389.61 Bonuses from ComEd - $1,408.44 Project Cost Due to Your Service Provider $39,097.95 'Alt incentives are subject to change and must be reserved to be guaranteed Your project can result in an annual reduction of 11 metric tons of CO2 That's the equivalent of taking 2 cars off the road annually! (Estimated CO2 reduction assumes 4.872' 10" metric tons CO2e not emitted per kWh reduced. Estimated car removal assumes 1 vehicle removed from service reduces the same amount of CO2e as reducing electricity production by 9444 kWh / year .tt �•.41r: r.:3_.�'_z� �: v'.r2fi ,• h:•;k;'=:u.;,. .fl•i`•4tt'�& ht`�1:. 7v�' at ii:•,jr7�' �. "', Ili'�T'�k Small Business DX Small Business Networked Distributed Assistance Tune -Up and Multi- Lighting Generation Program Family Loan Controls Rebates (Solar) Program BA Solutions, LLC Josh Albrecht 847-636-3600 jlbrecht@balighting.com Reproduction of this document without the express written consent of ComEd is prohibited and in violation of copyright laws. Applicant Information Customer Information Company name: Deerfield Basement Contact name: Justin Keenan Title: Assistant Village Manager Address: 850 Waukegan Road, Deerfield IL, 60015 - 3206 Mailing address: Same as facility address Telephone: 847-719-7462 Email: jkeenan@deerfield.il.us ComEd account number: XXXXX50042 Name as it appears on electric bill: Village of Deerfield Service Provider Information Contracting company name: BA Solutions, LLC Contact name: Josh Albrecht Title: Telephone: 847-636-3600 Email: jlbrecht@balighting.com Address:1001 N Old Rand Rd Unit 101, Wauconda IL, 60084 Illinois Commerce Commission Certification 0 You acknowledged that pursuant to Section 16-128B of the Illinois Public Utilities Act, ComEd cannot issue certain incentives or rebates unless it is provided with: 1. Certification that the measure was self -installed by the ComEd customer, or 2. Evidence that the measure was installed by an installer certified by the Illinois Commerce Commission Reminder: All removed equipment must be recycled to ensure inefficient equipment is removed from the market You may qualify for more incentives from the ComEd Energy Efficiency Program. If so, we may contact you. For more information, visit ComEd.com/Bizincentives. You can also reach us by phone at 855-433-2700 or email us at BusinessEE@ComEd.com. Reproduction of this document without the express written consent 2 of ComEd is prohibited and in violation of copyright laws. Program Offering Agreement Work with your Service Provider to review this customized project plan. These improvements were identified during your free energy assessment. Receive an instant incentive on these improvements by completing the application, signing the program agreement and scheduling installation with your Service Provider. Your project will be installed by your Service Provider and you will only pay the balance after the incentives are applied. Program Agreement for: Deerfield Basement Service Provider company: BA Solutions, LLC Valid: November 10, 2023 - September 30, 2024 Representative: Josh Albrecht Selected for Installation Energy-SavingImprovements Improvement Type Yearly Energy Cost Savings Quantity Total Cost ❑ LED Fixtures - T8/T5 to LED $25.72 5 $575.00 ❑p Networked Lighting Controls $11.66 5 $75.00 p LED Fixtures - T8/T5 to LED $42.94 3 $405.00 0 Networked Lighting Controls $8.53 3 $45.00 p LED Fixtures - T8/T5 to LED $243.33 17 $2,295.00 p Networked Lighting Controls $48.32 17 $255.00 p LED Fixtures - T8/T5 to LED $10.29 2 $206.00 p Networked Lighting Controls $4.66 2 $30.00 p LED Fixtures - T8/T5 to LED $186.08 13 $1,755.00 p Networked Lighting Controls $36.95 13 $195.00 Z LED Fixtures - T8/T5 to LED $486.67 34 $4,590.00 0 Networked Lighting Controls $96.64 34 $510.00 p LED Fixtures - T8/T5 to LED $10.29 2 $230.00 0 Networked Lighting Controls $4.66 2 $30.00 Z LED Fixtures - T8/T5 to LED $369.23 41 $5,535.00 Z. Networked Lighting Controls $114.00 41 $615.00 p LED Fixtures - T8/T5 to LED $42.94 3 $405.00 p Networked Lighting Controls $8.53 3 $45.00 p LED Fixtures - T8/T5 to LED $18.78 6 $690.00 Reproduction of this document without the express written consent of ComEd is prohibited and in violation of copyright laws. p I Networked Lighting Controls $13.99 I 6 I $90.00 Additional Selected for Yearly Energy Cost Type Installation Cost Savings Quantity Total Cost p Other N/A 15 $1,500.00 ❑✓ Other N/A 4 $320.00 0 Other N/A 1 $100.00 ❑p Other N/A 1 $200.00 ✓❑ Other N/A 2 $200.00 p Other N/A 2 $400.00 ❑7 Other N/A 2 $400.00 p Other N/A 2 $200.00 ❑p Other N/A 15 $3,000.00 ❑p Other N/A 9 $900.00 ✓p Other N/A 9 $1,800.00 p✓ Other N/A 6 $600.00 0 Other N/A 2 $300.00 ❑17 Labor N/A 1 $19,400.00 ❑/ Labor N/A 1 $2,000.00 "Must lncludeL&BRetrofit Energy -Saving Improvements Cost $18,576.00 Additional Costs $31,320.00 Instant Incentives* - $9,389.61 Bonuses from ComEd - $1,408.44 Final Cost Payable To Service Provider $39,097.95 *Projects must be approved and incentives reserved before any work begins. If the program does not approve the project, the customer is not required to proceed with the project. Incentives stated in this report are valid for 30 days from date of assessment. If you choose to pursue identified energy -saving improvements after 30 days, please contact the program for a revised list of eligible improvements and pricing. Reproduction of this document without the express written consent 4 of ComEd is prohibited and in violation of copyright laws. Terms and Conditions Commonwealth Edison Company ("ComEd") is offering the ComEd Energy Efficiency Program ("Program") to eligible customers to facilitate the identification and implementation of cost-effective energy -efficiency improvements available for eligible non-residential customers (commercial, industrial, local governments, municipal corporations, public school districts, public universities, state and federal facilities). This Agreement sets forth the terms and conditions applicable to customer's participation in the Program. By signing below, Customer agrees to comply with and be bound by these terms. Program Year Program incentives are offered from November 10, 2023 until September 30, 2024 or when approved funding is exhausted, whichever comes first. Funds are limited and applications are accepted on a first -come, first - served basis. If funding is exhausted in a given calendar year or the Program or an offering is cancelled, only projects which have received a written pre -approval will be considered for payment of incentives. Program Administrator ComEd has contracted and authorized Resource Innovations ("Program Administrator") to administer the Program including such activities, but not limited to; review, processing, and approval of customer applications; pre and post inspections of customer facilities and facilitate project information requests from customers, and Contractors; completion of energy assessments at customer facilities; and measurement and verification activities. Contractors As a convenience to customers, ComEd may provide a list of Service Providers, distributors, manufacturers, and other organizations ("Contractors") that may assist customers with the Program. Customer acknowledges that Contractors are independent contractors with respect to the Program, and that Contractors are not authorized to make representations or incur obligations on behalf of ComEd. Participation as a Contractor does not constitute an endorsement by ComEd, nor does it certify or guarantee the quality of work performed. Customer Eligibility Commercial, Industrial and Public customers on non-residential rate/ accounts must meet these requirements: 0 - 400 kW Peak Demand for private Commercial and Industrial Businesses 0 - 400 kW Peak Demand for public sector customers such as local, township, county, state and federal government facilities, public schools, community colleges, public universities, etc. Within the ComEd service territory and receive electricity over ComEd wires regardless of retail electric supplier Pay into the Energy Efficiency and Demand Response Adjustment (Rider E DA) Customer Information By signing this application, Customer authorizes and acknowledges that ComEd may duplicate, disseminate, release and disclose Customer's information relating to Customer's application (including the entirety of its contents), and any other information related to the Customer's participation in the Program, including but not limited to account information, billing data, and energy usage to Program Administrator, Contractors, and other approved third parties, as applicable, for the purposes of verifying Customer's eligibility for participation in the Program; processing the Customer's application; to verify equipment installation system operation and results; or as required to comply with state and/or federal law, fraud prevention, regulation, and other legal action; in those cases, ComEd, Program Administrator, Contractors and approved third parties shall comply with all legal requirements of the jurisdiction of the individual whose Customer data would be disclosed before making such disclosure. Project Eligibility Project requirements under the Program and this Offering include the following: Projects must involve new equipment installed at an existing facility that results in a permanent reduction in electrical energy usage (kWh). Equipment must be installed and operational. Equipment must be new (not used or rebuilt, and not for resale) and used at the address for which savings are claimed. Resale of replaced equipment is expressly forbidden. Any measures installed at a facility must be sustainable and provide 100 percent of the energy benefits as stated in the application for a period of five years or for the life of the product, whichever is less. If the customer ceases to be a delivery service customer of ComEd, or removes the equipment or systems at any time during the five-year period or the life of the product, the customer may be required to return a prorated amount of incentive funds to ComEd. Projects that are NOT eligible for an incentive include, but are not limited to, the following: All accounts that an eligible large private energy customer has chosen to and been approved to opt out of the ComEd Energy Efficiency Program for the period beginning January 1, 2024 may not contribute to or participate in the ComEd Energy Efficiency Program as of January 1, 2024. On -site electricity generation (except as part of a qualifying Combined Heat and Power project) Projects involving gas -driven equipment in place of electric equipment (such as a chiller) Projects focused primarily on power factor improvement Projects that involve peak -shifting (and not kWh savings) Renewables Projects receiving funding for the same equipment through any other Energy Efficiency Portfolio (EEP) program offered by ComEd, Ameren, Nicor, Peoples or North Shore Used and/or refurbished equipment Projects for the sole purpose of implementing demand response measures Projects that repair or replace existing equipment with like equipment Reproduction of this document without the express written consent 5 of ComEd is prohibited and in violation of copyright laws. Terms and Conditions (Continued) Application Review Process Program Administrator will review application submission packages for eligibility in the order received. Applicants who submit incomplete applications will be notified of their deficiencies upon review of the application, but could experience delays in the approval process until all requested information is submitted. Program incentives exceeding $50,000 for an account number will require additional review. Applicants are encouraged to call 855-433-2700 if they have any questions. Inspections ComEd reserves the right to inspect all projects to verify compliance with Program rules and verify the accuracy of project documentation. Upon reasonable notice by ComEd, Customer must agree to provide access to project documents and the facility where the efficiency measures were installed for a period of one year after project completion. Customer authorizes ComEd to verify the actual savings from the improvements installed by reviewing three years of bitting and usage data pre -installation of the measures and two years post installation of the measures. Evaluation, Measurement and Verification The Program is evaluated annually by an independent third -party evaluator, as required by law. Customer's completed project may be selected for evaluation. Depending on the nature of the project, evaluation may include measurement and verification (M&V), the process of monitoring, measuring and/or verifying data related to equipment operation and electrical consumption. Upon reasonable notice, Customer agrees to participate fully in the evaluation process by allowing access to the facility where the project took place and providing information and access to data required for M&V to the Program's evaluator and/or to complete a customer survey. Project Costs For equipment replacement items, the costs listed are estimated costs for materials. Taxes and costs above this base for items such as vapor tight fluorescent fixtures or installation equipment, e.g. lifts, are to be discussed with the customer by the Contractor. Project scope may include additional items not incentivized or listed in this report, please refer to your Contractor for additional documentation for items outside of this report. Incentive payments are issued directly to the Contractor. Customer is responsible for payment of remaining balance to the Contractor. Toxic Materials Neither ComEd nor its Program Administrator shall have any responsibility for the discovery, presence, handling, removal, disposal of, or exposure to hazardous materials of any kind in connection with customer's facility, including without limitation, asbestos, asbestos products, PCBs or any other toxic substances. All materials removed, including lamps and PCB ballasts, are required to be permanently taken out of service and disposed of in accordance with local codes and ordinances, and resale of replaced equipment is not allowed. Customer understands that its Contractor is responsible for recycling and disposal of old equipment in compliance with applicable codes or ordinances. (Information about hazardous waste disposal can be found at: www.epa.gov/epawaste/hazard/index.htm). Limitations of Liability IN NO EVENT WILL COMED AND PROGRAM ADMINISTRATOR, BE LIABLE FOR CUSTOMER'S FAILURE TO ACHIEVE A SPECIFIED AMOUNT OF ENERGY SAVINGS, THE OPERATION OF CUSTOMER'S FACILITIES, OR THE IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT CUSTOMER'S FACILITIES. IN NO EVENT WILL COMED OR PROGRAM ADMINISTRATOR BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF CUSTOMER'S PARTICIPATION IN THIS OFFERING. Each party hereby agrees to defend, indemnify and hold harmless the other party, its consultants, contractors and subcontractors, and their respective officers, employees, agents, assigns, and successors- interest ("Indemnified Parties') from and against any third party claims, damages, losses, liability, costs (including attorney's fees and expenses) for bodily injury to any person (including death resulting therefrom) and property damage arising out of or in connection with the Program, except to the extent such claims, damages, losses, liability and costs are caused by the negligence or willful misconduct of the other party. Disclaimer Customer shall be entitled to the energy cost savings realized by the customer that result from the installation of ECMs at the customer's site. In consideration of the services provided by ComEd as part of this Offering, the customer agrees that ComEd is entitled to 100% of the rights and benefits associated with the measures, including without limitation P)M products and all other attributes, credits or products associated therewith under any regional initiative or federal, state or local law, program or regulation, and customer waives, and agrees not to seek, any right to the same. Assessment Report Customer understands that the Assessment Report ("Report") is provided by ComEd to assist Customer in making energy decisions and is for informational purposes only. The information in the Report is based on an on -site assessment of conditions observed at the facility address identified in Customer's application, information provided by Customer and from ComEd, and industry standard practices and costs for similar projects. The amounts provided are estimates and may vary from actual results of installed measures. This Report is not to be construed as a design document and in no way implies approval of incentive amounts or pre -approval of Customer's application. ComEd reserves the right to make final determination of customer eligibility, qualifying measures, system savings, project cost-effectiveness and final rebate amounts and the final incentive amount is based on approval of installed measures meeting all Program and Offering requirements. No Warranties Customer shall independently evaluate any advice or information offered by ComEd, Program Administrator or Contractors related to estimates of energy savings or project costs and is solely responsible for the selection and implementation of Energy Conservation Measures (ECMs). COMED AND PROGRAM ADMINISTRATOR MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE PERFORMANCE OR EFFECTIVENESS OF ANY POTENTIAL ENERGY OR COSTS SAVINGS, MEASURES IDENTIFIED, EQUIPMENT INSTALLED, Reproduction of this document without the express written consent 6 of ComEd is prohibited and in violation of copyright laws. Terms and Conditions (Continued) MEASURES IMPLEMENTED, AND/OR SERVICES RENDERED BY ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM. COMED AND PROGRAM ADMINISTRATOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WHETHER STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Governing Law This Agreement shall be exclusively governed by and interpreted in accordance with the laws of the state of Illinois, excluding choice of law rules. Any litigation between the parties shall be prosecuted only in the state or federal courts located in Cook County, Illinois. Project Summary Tool ID:065879 Total project cost: $49,896.00 Total incentives: $10,798.05 Final cost to customer: $39,097.95 Service Provider company name: BA Solutions, LLC Customer Signature By signing below, I certify that: Program Changes ComEd reserves the right to modify, update, and amend the terms and conditions of the Program, including, but not limited to, making adjustments to incentive amounts, qualifying measures, and changing or cancelling the Program upon thirty (30) days written notice to Customer and/or Contractor. Pre -approved applications, for which the applicant has completed all Program requirements, will be processed to completion under the terms and conditions in effect at the time of the pre -approval by ComEd. Entire Agreement The terms and conditions set forth herein, including all attachments and incorporated references, constitute a complete statement of the terms and conditions applicable to Customer's participation and supersede all prior representations or understandings, whether written or oral. 1. As the Customer Representative, I have the authority to bind the Customer to these terms. 2. Customer agrees to the installation of the improvements with the above installation quantities as specified in the Report and that Customer will install the specified product(s) at the facility. I have been informed of the installation costs of the specified products and acknowledge and agree that the products were selected at my discretion. 3. 1 have read, understand and agree to comply with the terms and conditions set forth in this Agreement. 4. 1 agree that if I remove the energy -saving improvements installed before a period of five years or the end of the product life, whichever is less, then I shall pay back a prorated amount of incentive funds (equal to the cost of the energy -saving improvement(s)) to ComEd based on the actual period of time in which the related equipment was installed and operating (or the full amount if the equipment was never installed). I understand that this is necessary to assure that the project's related energy benefits will be achieved. 5. 1 consent to use of a third party service for purposes of electronically signing this Agreement and agree to be bound by electronic signature. 1 III_ to! Printed name: A & P&h 1.1rfrci4m ,d Company: v ( t G.46a OF , exx_rI eLz> Title: ��r Date: 2 q 2n 2 Reproduction of this document without the express written consent of ComEd is prohibited and in violation of copyright laws. Terms and conditions apply. Offers subject to change. Actual savings will vary by customer's energy usage and rate. The ComEd Energy Efficiency Program is funded in compliance with state law. © Commonwealth Edison Company, 2024. SBMAT-CR 041923-01 comed Energy Efficiency AN EXELON COMPANY I Assessment Report Justin Keenan • Deerfield Social Services 850 Waukegan Road, Deerfield, IL 60015-3206 The figures below represent your current energy use and where you'll end up after installing the recommended improvements. Current Energy Usage 744,780 kWh/yr After Installing Your Selected Improvements 743,725 kWh/yr Total Incentives $541.78 Estimated Payback Period After Incentives 56.4 years Estimated Annual Cost Savingst $84.44 tEstimated savings based on average retail price of $0.08 per kWh and $0.70 per therm for commercial customers. Thursday, February 22, 2024 ComEd provides instant incentives to reduce your upfront project costs. The table below shows your project costs before and after your instant incentives. Cost of Selected Improvements $5,300.00 Total Instant Incentives from ComEd* - $471.11 Bonuses from ComEd - $70.67 Project Cost Due to Your Service Provider $4r 758.22 *All incentives are subject to change and must be reserved to be guaranteed Your project can result in an annual reduction of 1 metric tons of CO2 (0 That's the equivalent of taking 0 cars off the road annually! tEstimated CO2 reduction assumes 4.872' 10 -4 metric tons CO2e not emitted per kWh reduced. Estimated car removal assumes 1 vehicle removed from service reduces the same amount of CO2e as reducing electricity production by 9444 kWh / year .'i- :4. v1' vY-u i:Ri+.t:�� t yl'8 d'''.!H ry '•d�Y� y �t.y_ .1. •`�:'��;. .t}2 t.,iu m.ii: r�=# n!� �-�. ci�•.rr. v°' p='�ji;� !•r {,� ji•• i "L'P=•. r is s'6 5• C_ .a'.+._'",.''r r. ''per �. •`�•� �'..�'..yE':.,• __ •'T'�..9 Small Business DX Small Business Networked Distributed Assistance Tune -Up and Multi- Lighting Generation Program Family Loan Controls Rebates (Solar) Program BA Solutions, LLC Josh Albrecht 847-636-3600 jalbrecht@balighting.com Reproduction of this document without the express written consent 1 of ComEd is prohibited and in violation of copyright laws. Applicant Information Customer Information Company name: Deerfield Social Services Contact name: Justin Keenan Title: Assistant Village Manager Address: 850 Waukegan Road, Deerfield IL, 60015 - 3206 Mailing address: Same as facility address Telephone: 847-719-7462 Email: jkeenan@deerfield.il.us ComEd account number: XXXXX50042 Name as it appears on electric bill: Village of Deerfield Service Provider Information Contracting company name: BA Solutions, LLC Contact name: josh Albrecht Title: Telephone: 847-636-3600 Email: jalbrecht@balighting.com Address: 1001 N Old Rand Rd Unit101, Wauconda IL, 60084 Illinois Commerce Commission Certification ✓❑ You acknowledged that pursuant to Section 16-128B of the Illinois Public Utilities Act, ComEd cannot issue certain incentives or rebates unless it is provided with: 1. Certification that the measure was self -installed by the ComEd customer, or 2. Evidence that the measure was installed by an installer certified by the Illinois Commerce Commission Reminder: All removed equipment must be recycled to ensure inefficient equipment is removed from the market. You may qualify for more incentives from the ComEd Energy Efficiency Program. If so, we may contact you. For more information, visit ComEd.com/Bizincentives. You can also reach us by phone at 855-433-2700 or email us at BusinessEE@ComEd.com. Reproduction of this document without the express written consent 2 of ComEd is prohibited and in violation of copyright laws. Program Offering Agreement Work with your Service Provider to review this customized project plan. These improvements were identified during Your free energy assessment. Receive an instant incentive on these improvements by completing the application, signing the program agreement and scheduling installation with your Service Provider. Your project will be installed by your Service Provider and you will only pay the balance after the incentives are applied. Program Agreement for: Deerfield Social Services Service Provider company: BA Solutions, LLC Valid: November 10, 2023 - September 30, 2024 Representative: josh Albrecht Selected for Installation Energy-SavingImprovements Improvement Type Yearly Energy Cost Savings Quantity Total Cost 177 LED Fixtures - T8/T5 to LED $25.72 5 $575.00 p Networked Lighting Controls $11.66 5 $75.00 ❑p LED Fixtures - T8/T5 to LED $11.64 3 $405.00 Networked Lighting Controls $8.53 3 $45.00 LED Fixtures - T8/T5 to LED $15.52 4 $540.00 ❑✓ Networked Lighting Controls $11.37 4 $60.00 Selected for Installation Additional Cost Type Yearly Energy Cost Savings Quantity Total Cost p Other Other N/A 1 $100.00 ❑p N/A 1 $200.00 pp Labor N/A 1 $2,400.00 pp Other N/A 1 $100.00 Other N/A 1 $200.00 ❑7 Other N/A 4 $600.00 Must Include L&B Retrofit Energy -Saving Improvements Cost $1,700.00 Additional Costs $3,600.00 Instant Incentives* - $471.11 Bonuses from ComEd - $70.67 Reproduction of this document without the express written consent 3 of ComEd is prohibited and in violation of copyright laws. Final Cost Payable To Service Provider I $4,758.22 *Projects must be approved and incentives reserved before any work begins. If the program does not approve the project, the customer is not required to proceed with the project. Incentives stated in this report are valid for 30 days from date of assessment. If you choose to pursue identified energy -saving improvements after 30 days, please contact the program for a revised list of eligible improvements and pricing. Reproduction of this document without the express written consent 4 of ComEd is prohibited and in violation of copyright taws. Terms and Conditions Commonwealth Edison Company ("ComEd") is offering the ComEd Energy Efficiency Program ("Program") to eligible customers to facilitate the identification and implementation of cost-effective energy -efficiency improvements available for eligible non-residential customers (commercial, industrial, local governments, municipal corporations, public school districts, public universities, state and federal facilities). This Agreement sets forth the terms and conditions applicable to customer's participation in the Program. By signing below, Customer agrees to comply with and be bound by these terms. Program Year Program incentives are offered from November 10, 2023 until September 30, 2024 or when approved funding is exhausted, whichever comes first. Funds are limited and applications are accepted on a first -come, first - served basis. If funding is exhausted in a given calendar year or the Program or an offering is cancelled, only projects which have received a written pre -approval will be considered for payment of incentives. Program Administrator ComEd has contracted and authorized Resource Innovations ("Program Administrator") to administer the Program including such activities, but not limited to; review, processing, and approval of customer applications; pre and post inspections of customer facilities and facilitate project information requests from customers, and Contractors; completion of energy assessments at customer facilities; and measurement and verification activities. Contractors As a convenience to customers, ComEd may provide a list of Service Providers, distributors, manufacturers, and other organizations ("Contractors") that may assist customers with the Program. Customer acknowledges that Contractors are independent contractors with respect to the Program, and that Contractors are not authorized to make representations or incur obligations on behalf of ComEd. Participation as a Contractor does not constitute an endorsement by ComEd, nor does it certify or guarantee the quality of work performed. Customer Eligibility Commercial, Industrial and Public customers on non-residential rate/ accounts must meet these requirements: 0 - 400 kW Peak Demand for private Commercial and Industrial Businesses 0 - 400 kW Peak Demand for public sector customers such as local, township, county, state and federal government facilities, public schools, community colleges, public universities, etc. Within the ComEd service territory and receive electricity over ComEd wires regardless of retail electric supplier Pay into the Energy Efficiency and Demand Response Adjustment (Rider E DA) Customer Information By signing this application, Customer authorizes and acknowledges that ComEd may duplicate, disseminate, release and disclose Customer's information relating to Customer's application (including the entirety of its contents), and any other information related to the Customer's participation in the Program, including but not limited to account information, billing data, and energy usage to Program Administrator, Contractors, and other approved third parties, as applicable, for the purposes of verifying Customer's eligibility for participation in the Program; processing the Customer's application; to verify equipment installation system operation and results; or as required to comply with state and/or federal law, fraud prevention, regulation, and other legal action; in those cases, ComEd, Program Administrator, Contractors and approved third parties shall comply with all legal requirements of the jurisdiction of the individual whose Customer data would be disclosed before making such disclosure. Project Eligibility Project requirements under the Program and this Offering include the following: Projects must involve new equipment installed at an existing facility that results in a permanent reduction in electrical energy usage (kWh). Equipment must be installed and operational. Equipment must be new (not used or rebuilt, and not for resale) and used at the address for which savings are claimed. Resale of replaced equipment is expressly forbidden. Any measures installed at a facility must be sustainable and provide 100 percent of the energy benefits as stated in the application for a period of five years or for the life of the product, whichever is less. If the customer ceases to be a delivery service customer of ComEd, or removes the equipment or systems at any time during the five-year period or the life of the product, the customer may be required to return a prorated amount of incentive funds to ComEd. Projects that are NOT eligible for an incentive include, but are not limited to, the following: All accounts that an eligible large private energy customer has chosen to and been approved to opt out of the ComEd Energy Efficiency Program for the period beginning January 1, 2024 may not contribute to or participate in the ComEd Energy Efficiency Program as of January 1, 2024. On -site electricity generation (except as part of a qualifying Combined Heat and Power project) Projects involving gas -driven equipment in place of electric equipment (such as a chiller) Projects focused primarily on power factor improvement Projects that involve peak -shifting (and not kWh savings) Renewables Projects receiving funding for the same equipment through any other Energy Efficiency Portfolio (EEP) program offered by ComEd, Ameren, Nicor, Peoples or North Shore Used and/or refurbished equipment Projects for the sole purpose of implementing demand response measures Projects that repair or replace existing equipment with like equipment Reproduction of this document without the express written consent r) of ComEd is prohibited and in violation of copyright laws. Terms and Conditions (Continued) Application Review Process Program Administrator will review application submission packages for etigibility in the order received. Applicants who submit incomplete applications will be notified of their deficiencies upon review of the application, but could experience delays in the approval process until all requested information is submitted. Program incentives exceeding $50,000 for an account number will require additional review. Applicants are encouraged to call 855-433-2700 if they have any questions. Inspections ComEd reserves the right to inspect all projects to verify compliance with Program rules and verify the accuracy of project documentation. Upon reasonable notice by ComEd, Customer must agree to provide access to project documents and the facility where the efficiency measures were installed for a period of one year after project completion. Customer authorizes ComEd to verify the actual savings from the improvements installed by reviewing three years of billing and usage data pre -installation of the measures and two years post installation of the measures. Evaluation, Measurement and Verification The Program is evaluated annually by an independent third -party evaluator, as required by law. Customer's completed project may be selected for evaluation. Depending on the nature of the project, evaluation may include measurement and verification (M&V), the process of monitoring, measuring and/or verifying data related to equipment operation and electrical consumption. Upon reasonable notice, Customer agrees to participate fully in the evaluation process by allowing access to the facility where the project took place and providing information and access to data required for M&V to the Program's evaluator and/or to complete a customer survey. Project Costs For equipment replacement items, the costs listed are estimated costs for materials. Taxes and costs above this base for items such as vapor tight fluorescent fixtures or installation equipment, e.g. lifts, are to be discussed with the customer by the Contractor. Project scope may include additional items not incentivized or listed in this report, please refer to your Contractor for additional documentation for items outside of this report. Incentive payments are issued directly to the Contractor. Customer is responsible for payment of remaining balance to the Contractor. Toxic Materials Neither ComEd nor its Program Administrator shall have any responsibility for the discovery, presence, handling, removal, disposal of, or exposure to hazardous materials of any kind in connection with customer's facility, including without limitation, asbestos, asbestos products, PCBs or any other toxic substances. All materials removed, including lamps and PCB ballasts, are required to be permanently taken out of service and disposed of in accordance with local codes and ordinances, and resale of replaced equipment is not allowed. Customer understands that its Contractor is responsible for recycling and disposal of old equipment in compliance with applicable codes or ordinances. (Information about hazardous waste disposal can be found at: www.epa.gov/epawaste/hazard/index.htm). Limitations of Liability IN NO EVENT WILL COMED AND PROGRAM ADMINISTRATOR, BE LIABLE FOR CUSTOMER'S FAILURE TO ACHIEVE A SPECIFIED AMOUNT OF ENERGY SAVINGS, THE OPERATION OF CUSTOMER'S FACILITIES, OR THE IMPLEMENTATION OF ENERGY CONSERVATION MEASURES AT CUSTOMER'S FACILITIES. IN NO EVENT WILL COMED OR PROGRAM ADMINISTRATOR BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF CUSTOMER'S PARTICIPATION IN THIS OFFERING. Each party hereby agrees to defend, indemnify and hold harmless the other party, its consultants, contractors and subcontractors, and their respective officers, employees, agents, assigns, and successors- interest ("Indemnified Parties') from and against any third party claims, damages, losses, liability, costs (including attorney's fees and expenses) for bodily injury to any person (including death resulting therefrom) and property damage arising out of or in connection with the Program, except to the extent such claims, damages, losses, liability and costs are caused by the negligence or willful misconduct of the other party. Disclaimer Customer shalt be entitled to the energy cost savings realized by the customer that result from the installation of ECMs at the customer's site. In consideration of the services provided by ComEd as part of this Offering, the customer agrees that ComEd is entitled to 100% of the rights and benefits associated with the measures, including without [imitation PIM products and all other attributes, credits or products associated therewith under any regional initiative or federal, state or local law, program or regulation, and customer waives, and agrees not to seek, any right to the same. Assessment Report Customer understands that the Assessment Report ("Report") is provided by ComEd to assist Customer in making energy decisions and is for informational purposes only. The information in the Report is based on an on -site assessment of conditions observed at the facility address identified in Customer's application, information provided by Customer and from ComEd, and industry standard practices and costs for similar projects. The amounts provided are estimates and may vary from actual results of installed measures. This Report is not to be construed as a design document and in no way implies approval of incentive amounts or pre -approval of Customer's application. ComEd reserves the right to make final determination of customer eligibility, qualifying measures, system savings, project cost-effectiveness and final rebate amounts and the final incentive amount is based on approval of installed measures meeting all Program and Offering requirements. No Warranties Customer shall independently evaluate any advice or information offered by ComEd, Program Administrator or Contractors related to estimates of energy savings or project costs and is solely responsible for the selection and implementation of Energy Conservation Measures (ECMs). COMED AND PROGRAM ADMINISTRATOR MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECTTO THE PERFORMANCE OR EFFECTIVENESS OF ANY POTENTIAL ENERGY OR COSTS SAVINGS, MEASURES IDENTIFIED, EQUIPMENT INSTALLED, Reproduction of this document without the express written consent 6 of ComEd is prohibited and in violation of copyright laws. Terms and Conditions (Continued) MEASURES IMPLEMENTED, AND/OR SERVICES RENDERED BY ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM. COMED AND PROGRAM ADMINISTRATOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WHETHER STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Governing Law This Agreement shall be exclusively governed by and interpreted in accordance with the laws of the state of Illinois, excluding choice of law rules. Any litigation between the parties shall be prosecuted only in the state or federal courts located in Cook County, Illinois. Project Summary Tool ID:065893 Total project cost: $5,300.00 Total incentives: $541.78 Final cost to customer: $4,758.22 Service Provider company name: BA Solutions, LLC Customer Signature By signing below, I certify that: Program Changes ComEd reserves the right to modify, update, anc amend the terms and conditions of the Program, including, but not limited to, making adjustments to incentive amounts, qualifying measures, and changing or cancelling the Program upon thirty (30) days written notice to Customer and/or Contractor. Pre -approved applications, for which the applicant has completed all Program requirements, will be processed to completion under the terms and conditions in effect at the time of the pre -approval by ComEd. Entire Agreement The terms and conditions set forth herein, including all attachments and incorporated references, constitute a complete statement of the terms and conditions applicable to Customer's participation and supersede all prior representations or understandings, whether written or oral. 1. As the Customer Representative, I have the authority to bind the Customer to these terms. 2. Customer agrees to the installation of the improvements with the above installation quantities as specified in the Report and that Customer will install the specified product(s) at the facility. I have been informed of the installation costs of the specified products and acknowledge and agree that the products were selected at my discretion. 3. 1 have read, understand and agree to comply with the terms and conditions set forth in this Agreement. 4. 1 agree that if I remove the energy -saving improvements installed before a period of five years or the end of the product life, whichever is less, then I shall pay back a prorated amount of incentive funds (equal to the cost of the energy -saving improvement(s)) to ComEd based on the actual period of time in which the related equipment was installed and operating (or the full amount if the equipment was never installed). I understand that this is necessary to assure that the project's related energy benefits will be achieved. 5. 1 consent to use of a third party service for purposes of electronically signing this Agreement and agree to be bound by electronic signature. IkL Signature: Title: G.Ti N& V .i.114G6- AA+vFlG9ll.- Printed name: Ar ,)ocw Lc,+-T�A-, Date: Company: Reproduction of this document without the express written consent of ComEd is prohibited and in violation of copyright laws. 7 Terms and conditions apply. Offers subject to change. Actual savings will vary by customer's energy usage and rate. The ComEd Energy Efficiency Program is funded in compliance with state law. 0 Commonwealth Edison Company, 2024. SBMAT-CR 041923-01