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HomeMy WebLinkAbout2004-091RESOLUTION NO. 2004-91 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE ENERGY COALITION TO PROVIDE FUNDING FOR THE 3 IMPLEMENTATION OF ENERGY EFFICIENCY PROGRAMS AND SERVICES TO UNDER - SERVED AREAS AND POPULATIONS OF THE CITY 4 5 WHEREAS, The Energy Coalition has demonstrated its ability to work with 6 Southern California Municipalities, through its work in the cities of Irvine, Santa 7 Monica, Moreno Valley, Palm Desert, Brea, and West Hollywood to provide energy 8 1 1 efficiency programs; and 9 WHEREAS, the City of San Bernardino enters into the Community Energy Partnership, 10 with the cities of Irvine, Santa Monica, Moreno Valley, Palm Desert, Brea, Cathedral City, 11 Corona, Monrovia, and Santa Clarita, having been nominated by the Coalition to enter into this 12 project; and 13 WHEREAS, all City projects will be coordinated with City Council and the City staff 14 liaison to ensure that proposed projects meet the City's intended energy efficiency goals and 15 target traditionally under -served residents, schools, and businesses. 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 17 SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The Mayor or her designee is hereby authorized to enter into a 19 Memorandum of Understanding with the Energy Coalition, with the sole obligations listed 20 therein, a copy of which is attached hereto, marked Exhibit "1" and incorporated herein by 21 reference as fully as though set forth at length. 22 SECTION 2. The authorization to execute the above referenced Memorandum of 23 Understanding is rescinded if it is not fully executed within sixty (60) days of the passage of 24 this resolution. 25 26 27 a] March 11, 2004 2004-91 ME 1C 11 le 1q 14 15 1C li 1E lc 2( 21 2re 2"� 24 2E 2E 2i 2E RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE ENERGY COALITION TO PROVIDE FUNDING FOR THE IMPLEMENTATION OF ENERGY EFFICIENCY PROGRAMS AND SERVICES TO UNDER - SERVED AREAS AND POPULATIONS OF THE CITY. 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i t • Te8 • meeting thereof, held on the 5th day of April 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY KELLEY x JOHNSON x MCCAMMACK x The foregoing resolution is hereby April 2004. Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: x Ra hel G. Clark, City Clerk this 9n, day of th Valles, Mayor of San Bernardino March 11, 2004 2004-91 Exhibit I Community Energy Partnership between THE ENERGY COALITION and THE CITY OF SAN BERNARDINO April 5, 2004 This Memorandum of Understanding between the City of San Bernardino and The Energy Coalition (the managing partner of the Community Energy Partnership with ten Southern California Cities and Southern California Edison) is the beginning of a promising energy efficiency partnership. Its purpose is to forge effective strategies and programs to foster smart energy management in the City of San Bernardino and to provide a means for the City to chart its sustainable energy future. This Memorandum of Understanding prepares both parties for the Community Energy Partnership and its specialized funding in the Southern California cities of Irvine, Santa Monica, Palm Desert, Moreno Valley, Brea, Cathedral City, Corona, Monrovia, San Bernardino, and Santa Clarita. The cities understand the value of the Community Energy Partnership to create short -mid term energy (kWh), capacity (kW), natural gas savings (therms), and dollar savings, and to shape a secure and healthy energy future. By participating in the Community Energy Partnership, The Energy Coalition will work with Southern California Edison to catalyze, facilitate, and manage a campaign for energy efficiency services in the City of San Bernardino that have the potential to save millions of dollars over time. Special emphasis will be placed on providing energy and dollar -saving measures for residents and businesses most in need of efficiency services and who have been underserved by traditional utility - driven, energy efficiency programs. Background The Community Energy Partnership is an ongoing demonstration project of a statewide model for the delivery of energy efficiency services in California. The Two Cities Project (also known as the Regional Energy Efficiency Initiative) was operational in Irvine and Santa Monica from 1999 - 2002 and prepared the path for its expansion to the Six Cities Energy Project in 2002 - 2003, a "third party HTCed[CommuniryEnergy Partnership. wpd 2004-91 initiative" funded by the California Public Utilities Commission. The Community Energy Partnership expands the project to twelve Southern California cities with an aggregate population of approximately 1,000,000. By targeting neighborhoods for specially bundled services, The Energy Coalition creates critical masses of activities that lead to synergies in service delivery for traditionally "hard -to -reach" power consumers such as low -moderate income residents, senior citizens, small businesses, school districts, and municipal facilities creating both millions of dollars of community savings and building an awareness and sense of community responsibility for local energy use. This Memorandum of Understanding defines the roles of the City of San Bernardino and The Energy Coalition for the years 2004 and 2005 and sets the stage for effective partnership: City Responsibilities Council Resolution: The City of San Bernardino staff will develop a staff report for a council resolution authorizing the Mayor or her designee to sign this Memorandum of Understanding for participation in the Community Energy Partnership. Staff will brief the Council about the project mechanisms and its potential for community benefit. The resolution will authorize the ongoing support and in -kind services necessary to enable and empower the Community Energy Partnership to meet or exceed its stated goals. Team Leader: The City of San Bernardino will appoint a staff member to serve as project liaison (known as a "Team Leader") for the Community Energy Partnership for the two-year project. The Team Leader will play a prominent role in representing the project within the City and coordinating project activities within the City. He or she will engage in routine communications with the other partner cities. All Team Leaders will participate in a two-day strategic planning forum at the onset of the project. Thereafter, Team Leaders or their assigned delegates, will participate in quarterly meetings with other partner cities throughout the project period and its final evaluation. The level of effort for this official is expected to be less than 10% full-time equivalent. Staff Support: The City of San Bernardino will provide a minimum of two staff to support the designated Team Leader such that the City a) is represented at all quarterly Team Leaders meetings and other special meetings, and b) provides sufficient support to garner the full benefit of the Community Energy Partnership for the City of San Bernardino. The combines level of effort for these key positions is expected to be less than 10% full-time equivalent. Local Presence: The City may provide desk space for project staff at City Hall and/or use of conference rooms, or establish a hotline managed by the Coalition for interested participants. HTC/ed[Co=uniryEnergyPanership.wpd] 2 2004-91 Project Promotion: Given the City's strong position within the community, it will be responsible for collaborative project promotion throughout the project tenure. In particular, the City will assist with effective program co -marketing and providing key linkages for success. Coalition Responsibilities Project Management: The Energy Coalition bears primary responsibility for project management throughout the term of the project. While urging local participation, the Coalition will bear responsibility to implement viable program plans with attractive offerings for residents and businesses within the City. The Coalition will assure ongoing program refinement and activities to maintain program visibility within the community. Administrative Services: The Energy Coalition will serve as the Community Energy Partnership administrator. The Coalition will maintain project fiduciary responsibility to hold and disburse project funds from a specially arranged trust account. The Energy Coalition will pay all subcontractors and track financials for the Community Energy Partnership Executive Committee to assure that funds are carefully allocated and in full compliance with the protocols for the program as set forth by the California Public Utilities Commission. Professional Support Services: The Energy Coalition will support the City of San Bernardino and its energy efficiency initiatives using The Energy Coalition's technical support services. These include seasoned municipal energy planners, program designers, teachers and educators, marketing and communications firms, and a cadre of engineering firms, each of which can be marshaled as needed to enact program savings and results. Tailoring Programs for the Community: At the onset of the project, Coalition staff will develop customized sets of efficiency activities in each city. These will guide the delivery of a local "efficiency campaign" that is designed, launched, and refined for maximum benefit. The Coalition will be responsible for a) the comprehensive communications and outreach campaign required, and b) the comprehensive operations required to foster effective community organizing and responsibility around energy issues. PEAK Student Energy Actions: Also at the onset of the project, Coalition staff will work with City officials to determine the opportunities for launching PEAK Student Energy Actions in the City. PEAK serves as an effective core activity for the Community Energy Partnership. The Coalition is responsible for teacher trainings, provision of curricula, simulation software, etc., as well as supporting the program throughout the project tenure with contests, tool kits, special events, fund- raisers, field trips, and summer programs. Municipal Energy Planning: Throughout the Community Energy Partnership, The Energy Coalition will work with the City of San Bernardino, placing special emphasis on energy efficiency priorities and programs that serve the spectrum of energy usages in the City. HTC/ed[CommunityHnergyPa merahtp wpd] 2004-91 Community Efficiency Tune -Ups: The Energy Coalition will bear primary responsibility for the provision of hundreds of Community Efficiency Tune -Ups in the City of San Bernardino. The Tune - Ups in households, apartment complexes, and small businesses demonstrate the Coalition's comprehensive approach to energy and resource management in which electric, peak demand, natural gas, and water savings accrue. The Tune -Ups also highlight the hybrid approach of hard savings coupled with raising awareness about energy use and smart energy management. The Coalition takes full project management responsibility for the Tune -Ups, will select and train installation contractors, provide all program materials, "market" the program to deserving participants, and track results. Special Events: The Energy Coalition will bear primary responsibility for planning, organizing, preparing, and executing all manner of Special Events related to smart energy management in the City of San Bernardino. Special Events may be related to pre -planned community events or may be stand-alone events managed by the Coalition that serve the community organizing function of the Community Energy Partnership project and raise awareness of the value of energy and how to manage its use most wisely. Creating Energy Champions: The Energy Coalition will take the lead in an important program feature, namely the Energy Champions Recognition Program. Working with City officials, the Coalition will publicize key individuals and organizations in the partner cities that have "gone the extra mile" to promote smart energy management. Energy Champions can appear in the papers and at City Council and School Board meetings and will serve as local community leaders in taking responsibility for energy use. Performance Trackine: The Energy Coalition will be fully responsible for tracking progress against goals and reporting this information on a quarterly basis to City officials. As stipulated by the contract with the California Public Utilities Commission, the Community Energy Partnership will retain an objective Evaluation, Measurement, and Verification contractor to determine baseline energy consumption and cost data, and to carefully measure short-term, mid-term, and long-term community savings. Hold Harmless: The Energy Coalition covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, or losses, however occurring, or damages arising or growing out of any and all operations under this Memorandum of Understanding (M.O.U.). The costs, salary and expenses of the City Attorney and members of his office in enforcing this M.O.U. on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. Insurance: While not restricting or limiting the foregoing, during the term of this M.O.U., the Energy Coalition shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require ten (10) days prior written notice to the City if insurance is terminated or materially altered. HTC/ed [ConununiryEnergy Partnership . wpd] 2004-91 Either party to this M.O.U. shall have the right to terminate this M.O.U. by mailing a ten-day written notice to the other party and this M.O.U. shall terminate ten days after the mailing of such notice. The above represents the Memorandum of Understanding between The Energy Coalition and the City of San Bernardino. This day of April 2004. Ted Flanigan Managing Director The Energy Coalition HTC/ed[Comm.ayEnergyPennership wpd] City of San Bernardino 2004-91 Community Energy Partnership between THE ENERGY COALITION and THE CITY OF SAN BERNARDINO April 5, 2004 This Memorandum of Understanding between the City of San Bernardino and The Energy Coalition (the managing partner of the Community Energy Partnership with ten Southern California Cities and Southern California Edison) is the beginning of a promising energy efficiency partnership. Its purpose is to forge effective strategies and programs to foster smart energy management in the City of San Bernardino and to provide a means for the City to chart its sustainable energy future. This Memorandum of Understanding prepares both parties for the Community Energy Partnership and its specialized funding in the Southern California cities of Irvine, Santa Monica, Palm Desert, Moreno Valley, Brea, Cathedral City, Corona, Monrovia, San Bernardino, and Santa Clarita. The cities understand the value of the Community Energy Partnership to create short -mid term energy (kWh), capacity (kW), natural gas savings (therms), and dollar savings, and to shape a secure and healthy energy future. By participating in the Community Energy Partnership, The Energy Coalition will work with Southern California Edison to catalyze, facilitate, and manage a campaign for energy efficiency services in the City of San Bernardino that have the potential to save millions of dollars over time. Special emphasis will be placed on providing energy and dollar -saving measures for residents and businesses most in need of efficiency services and who have been underserved by traditional utility - driven, energy efficiency programs. Background The Community Energy Partnership is an ongoing demonstration project of a statewide model for the delivery of energy efficiency services in California. The Two Cities Project (also known as the Regional Energy Efficiency Initiative) was operational in Irvine and Santa Monica from 1999 - 2002 and prepared the path for its expansion to the Six Cities Energy Project in 2002 - 2003, a "third party HTC/ed[CommunityEnergyPannership.wpd] 2004-91 initiative" funded by the California Public Utilities Commission. The Community Energy Partnership expands the project to twelve Southern California cities with an aggregate population of approximately 1,000,000. By targeting neighborhoods for specially bundled services, The Energy Coalition creates critical masses of activities that lead to synergies in service delivery for traditionally "hard -to -reach" power consumers such as low -moderate income residents, senior citizens, small businesses, school districts, and municipal facilities creating both millions of dollars of community savings and building an awareness and sense of community responsibility for local energy use. ++r This Memorandum of Understanding defines the roles of the City of San Bernardino and The Energy Coalition for the years 2004 and 2005 and sets the stage for effective partnership: City Responsibilities Council Resolution: The City of San Bernardino staff will develop a staff report for a council resolution authorizing the Mayor or her designee to sign this Memorandum of Understanding for participation in the Community Energy Partnership. Staff will brief the Council about the project mechanisms and its potential for community benefit. The resolution will authorize the ongoing support and in -kind services necessary to enable and empower the Community Energy Partnership to meet or exceed its stated goals. Team Leader: The City of San Bernardino will appoint a staff member to serve as project liaison (known as a "Team Leader") for the Community Energy Partnership for the two-year project. The Team Leader will play a prominent role in representing the project within the City and coordinating project activities within the City. He or she will engage in routine communications with the other partner cities. All Team Leaders will participate in a two-day strategic planning forum at the onset of the project. Thereafter, Team Leaders or their assigned delegates, will participate in quarterly meetings with other partner cities throughout the project period and its final evaluation. The level of effort for this official is expected to be less than 10% full-time equivalent. Staff Support: The City of San Bernardino will provide a minimum of two staff to support the designated Team Leader such that the City a) is represented at all quarterly Team Leaders meetings and other special meetings, and b) provides sufficient support to garner the full benefit of the Community Energy Partnership for the City of San Bernardino. The combines level of effort for these key positions is expected to be less than 10% full-time equivalent. Local Presence: The City may provide desk space for project staff at City Hall and/or use of conference rooms, or establish a hotline managed by the Coalition for interested participants. HTC/ed[Co=.ityEnergyPammhip. wpd] 2004-91 Proiect Promotion: Given the City's strong position within the community, it will be responsible for collaborative project promotion throughout the project tenure. In particular, the City will assist with effective program co -marketing and providing key linkages for success. Coalition Responsibilities Project Management: The Energy Coalition bears primary responsibility for project management throughout the term of the project. While urging local participation, the Coalition will bear responsibility to implement viable program plans with attractive offerings for residents and businesses within the City. The Coalition will assure ongoing program refinement and activities to maintain program visibility within the community. Administrative Services: The Energy Coalition will serve as the Community Energy Partnership administrator. The Coalition will maintain project fiduciary responsibility to hold and disburse project funds from a specially arranged trust account. The Energy Coalition will pay all subcontractors and track financials for the Community Energy Partnership Executive Committee to assure that funds are carefully allocated and in full compliance with the protocols for the program as set forth by the California Public Utilities Commission. Professional Support Services: The Energy Coalition will support the City of San Bernardino and its energy efficiency initiatives using The Energy Coalition's technical support services. These include seasoned municipal energy planners, program designers, teachers and educators, marketing and communications firms, and a cadre of engineering firms, each of which can be marshaled as needed to enact program savings and results. Tailoring Programs for the Community: At the onset of the project, Coalition staff will develop customized sets of efficiency activities in each city. These will guide the delivery of a local "efficiency campaign" that is designed, launched, and refined for maximum benefit. The Coalition will be responsible for a) the comprehensive communications and outreach campaign required, and b) the comprehensive operations required to foster effective community organizing and responsibility around energy issues. PEAK Student Energy Actions: Also at the onset of the project, Coalition staff will work with City officials to determine the opportunities for launching PEAK Student Energy Actions in the City. PEAK serves as an effective core activity for the Community Energy Partnership. The Coalition is responsible for teacher trainings, provision of curricula, simulation software, etc., as well as supporting the program throughout the project tenure with contests, tool kits, special events, fund- raisers, field trips, and summer programs. Municipal Energy Planning: Throughout the Community Energy Partnership, The Energy Coalition will work with the City of San Bernardino, placing special emphasis on energy efficiency priorities and programs that serve the spectrum of energy usages in the City. HTC/ed[Co=unityEnergyPe ership.wpd] 2004-91 Community Efficiency Tune -Ups: The Energy Coalition will bear primary responsibility for the provision of hundreds of Community Efficiency Tune -Ups in the City of San Bernardino. The Tune - Ups in households, apartment complexes, and small businesses demonstrate the Coalition's comprehensive approach to energy and resource management in which electric, peak demand, natural gas, and water savings accrue. The Tune -Ups also highlight the hybrid approach of hard savings coupled with raising awareness about energy use and smart energy management. The Coalition takes full project management responsibility for the Tune -Ups, will select and train installation contractors, provide all program materials, "market" the program to deserving participants, and track results. Special Events: The Energy Coalition will bear primary responsibility for planning, organizing, preparing, and executing all manner of Special Events related to smart energy management in the City of San Bernardino. Special Events may be related to pre -planned community events or may be stand-alone events managed by the Coalition that serve the community organizing function of the Community Energy Partnership project and raise awareness of the value of energy and how to manage its use most wisely. Creating Energy Champions: The Energy Coalition will take the lead in an important program feature, namely the Energy Champions Recognition Program. Working with City officials, the Coalition will publicize key individuals and organizations in the partner cities that have "gone the extra mile" to promote smart energy management. Energy Champions can appear in the papers and at City Council and School Board meetings and will serve as local community leaders in taking responsibility for energy use. Performance Trackine: The Energy Coalition will be fully responsible for tracking progress against goals and reporting this information on a quarterly basis to City officials. As stipulated by the contract with the California Public Utilities Commission, the Community Energy Partnership will retain an objective Evaluation, Measurement, and Verification contractor to determine baseline energy consumption and cost data, and to carefully measure short -tern, mid-term, and long-term community savings. Hold Harmless: The Energy Coalition covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, or losses, however occurring, or damages arising or growing out of any and all operations under this Memorandum of Understanding (M.O.U.). The costs, salary and expenses of the City Attorney and members of his office in enforcing this M.O.U. on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. Insurance: While not restricting or limiting the foregoing, during the term of this M.O.U., the Energy Coalition shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require ten (10) days prior written notice to the City if insurance is terminated or materially altered. HTC/ed[Com uniLyEnergyPar crship.wpd] 4 2004-91 Either party to this M.O.U. shall have the right to terminate this M.O.U. by mailing a ten-day written notice to the other party and this M.O.U. shall terminate ten days after the mailing of such notice. The above repres s the Memorandum of Understanding between The Energy Coalition and the City of j�jan Be ar ino. This day of April 2004. Ted Flanig n Managing ir, ctor The Ener oalition HTC/ed[CommmityEnergyPermership.wpd] Judit)h'/al les of San Bernardino