HomeMy WebLinkAbout2010-043
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RESOLUTION NO. 2010-43
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH AECOM FOR THE
PERFORMANCE OF MONITORING AND REPORTING REQUIREMENTS FOR
THE EECBG PROGRAM FOR $42,000 OVER A THREE YEAR PERIOD.
WHEREAS, On February 17, 2009 President Barack Obama signed into law the
American Recovery and Reinvestment Act (ARRA) of2009.
WHEREAS, one of the new programs receiving funding from ARRA is the Energy
Efficiency & Conservation Block Grant (EECBG) Program to fund projects that reduce energy
use and fossil fuel emissions, and that improve energy efficiency.
WHEREAS, the EECBG Program received $3.2 billion in nationwide funding; of that,
the City of San Bernardino received a direct allocation of $1 ,954,000.
WHEREAS, the City of San Bernardino has completed and submitted it's Energy
Efliciency & Conservation Strategy along with the tinal application with associated projects for
implementation by the EECBG Program.
WHEREAS, in order to fultill the requirements of the Department of Energy and
EECBG Program Guidelines, strict monitoring and reporting of the EECBG funded activities is
required. The City of San Bernardino is currcntly contracting with AECOM for protessional
consulting services related to the development of both the EECS and Climate Action Plan.
WHEREAS, AECOM has the necessary expertise and resources to perform the
required reporting and monitoring services of the EECBG Program and is available to perform
said services for the City of San Bernardino.
March 8, 2010
2010-43
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH AECOM FOR THE
PERFORMANCE OF MONITORING AND REPORTING REQUIREMENTS FOR
THE EECBG PROGRAM FOR $42,000 OVER A THREE YEAR PERIOD.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor and Common Council of the City of San Bernardino
hereby authorize the City Manager to execute a services agreement with AECOM for the
perforn1ance of monitoring and reporting for the EECBG Program in accordance with the
proposal submitted by AECOM (attached hereto as Exhibit "A").
SECTION 2. That the Mayor an Common Council of the City of San Bernardino
hereby authorize the City Manager, or his designee, utilize the option of extending the
agreement for up to 2 one year extensions.
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March 8, 2010
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2010:-43
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH AECOM FOR THE
PERFORMANCE OF MONITORING AND REPORTING REQUIREMENTS FOR
THE EECBG PROGRAM FOR $42,000 OVER A THREE YEAR I'ERIOD.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a i oint regulatneeting thereof, held
on the 15th day of March
Council Members: AYES
ESTRADA x
BAXTER x
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BRINKER x
SHORETT ----X-
KELLEY x
JOHNSON x
MCCAMMACK
,2010 by the following vote, to wit:
NAYS
ABSTAIN ABSENT
x
Q~h.~
Racl1el G. Clark, City Clerk
The foregoing resolution is hereby approved this -.L2m day of
March
,2010.
Approved as to
FORM:
By:
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JAM 'F. PENMAN,
26 City Attorney
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March 8, 20 I 0
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2010-43
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PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF
SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED
TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM
This Agreement is entered into this ~ day of March
,2010 by and
between AECOM ("CONSULT ANT") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the City Manager has determined that it is advantageous and in the best
interest of the City of San Bernardino to engage a professional consultant to perform reporting
and monitoring services to meet the requirements of the Energy Efficiency and Conservation
Block Grant; and
WHEREAS, it has been determined that CONSULT ANT is the most qualitied to
perform said services;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES
For the compensation and expenses identified below, San Bernardino hereby engages
the CONSULTANT to provide those services as set forth in Attachment "I ", which is attached
hereto and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES
a. For the services delincated above, the CITY shall pay the CONSULTANT an amount
not to exceed $42,000 over a three (3) year period.
b. In no case shall the total cost of the services delineatcd abovc exceed $42,000. No other
expenditures made by CONSULTANT shall be reimbursed by CITY.
2010-43
PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF
SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED
TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM
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TERM
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The services set forth in Attachment "I" shall be for a period of 36 months,
commencing on March 16, 2010, and terminating on March 15, 2013, unless previously
modified, amended or cancelled by the written mutual consent of both parties.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party.
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INDEMNITY
CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
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under the Agreement.
CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents,
and volunteers from any and all claims, actions, or losses, damages, andlor liability resulting
from CONSULTANT's negligent acts or omissions arising from the CONSULTANT's
performance of its obligations under the Agreement.
INSURANCE
While not restricting nor limiting the foregoing, during the tern1 of this Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
statutory worker's compensation coverage, and shall file copies of said policies with the
CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
forth as an additional named insured in each policy of insurance provided hereunder. The
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2010-43
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PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF
SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED
TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM
Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or tern1ination in the policy.
5. NON-DISCRIMINATION
In the performance of this Agreement and in the hiring and recruitment of employees,
CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
gender orsexual orientation, or any other status protected by law, except as permitted pursuant
to Section 12940 of the California Government Code.
6.
INDEPENDENT CONTRACTOR
CONSULT ANT shall perform work tasks provided by this Agreement but for all intents
and purposes, CONSULTANT shall be an independent contractor and not an agent or
employee of the CITY. CONSULT ANT shall secure, at its expense, and bc responsible for any
and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for CONSULTANT and its
officers, agents, and employees, and all business licenses, if any are required, in connection
with the services to be performed hereunder.
7.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS
CONSULT ANT warrants that it possesses or shall obtain and maintain a business
registration certificate pursuant to chapter 5 of the Municipal Code, and any other license,
permits, qualifications, insurance and approval of whatever nature that are legally required of
CONSULTANT to practice its profession.
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2010-43
PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF
SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED
TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM
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NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
8 TOTHECITY:
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City Manager's Office
300 North "D" Street
San Bernardino, CA 92418
Phone: (909) 384-5122
Claire Bonham-Carter
AECOM
515 South Flower Street, 9th Floor
Los Angeles, CA 90071
TO THE CONSULTANT:
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ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hercof. The costs, salary and expenscs of the City Attorncy and mcmbers of his
office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' tees"
for the purposes of this paragraph.
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ASSIGNMENT
CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
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void and shall constitute a breach of this Agreement and cause for the termination of this
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2010-43
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PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF
SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED
TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM
3 Agreement. Regardless of CITY's consent, no subletting or assignment shall release
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CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
performed by CONSULTANT hereunder for the term of this agreement.
11.
VENUE
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in naturc.
12.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
14.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS
The subject headings of the sections of this Agreement are included for the purposes of
convcnicnce only and shall not affect the construction or the interpretation of any of its
prOVISIOns.
16.
SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
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2010-43
PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF
SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED
TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM
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other circumstance, and the remaining provisions of the Agreement shall remain in full force
and etfect.
17. ENTIRE AGREEMENT; MODIFICATION
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
,2010
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AECOM \,,,0,,,.,,,,\ 5::..--J:c.es {V\(...
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BY:% ~ ~
Claire Bflnl'UIII-Cadl,..l ~I' c... W~lsoV\
Principal
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Date: .3 - .,j.3 ',2010
CITY OF SAN BERNARDINO
B~. /i4~ m/ d
4arles E. MCN~
City Manager
Approved as to Form:
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Ja
Ci
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2010-43
. A:COM
AECOM
515 South Flower Street, 9.h Floor
Los Angeles, CA 90071
www.aecom.com
Attachment "1"
2135937785 lei
2135937715 fax
12 February 2010
Debra Kurita
Assistant City Manager
300 North "0" Street
San Bernardino, CA 92418
Dear Debra
Proposal for City of San Bernardino: Reporting for EECBG allocated funds
The Department of Energy (DOE) requires communities who receive EECBG allocated funds to
report their energy efficiency savings and approach for the duration of the fund allocation period - 36
months from the grant recipient's date of receipt for their first funds. This proposal outlines our scope
to assist the City with this reporting task. The consultant will follow the most recent reporting
requirements and formats.
Deliverable: Compile. prepare, and submit all required quarterly and annual reports that meet the
reporting requirements of the DOE for 2009 EECBG allocations and awards. Timing of the submittal
of all reports will be based on the due dates required by the DOE and all data will need to be received
from the City for such reports no later than 7 business days (weekends and holidays do not count)
prior to the due date of each report, If the data is not received in time, the consultant cannot
guarantee to be able to produce the reports in a timely manner.
Assumption: 36 month reporting period based on DOE requirements starting from September 8, 2009
Tasks
Task 1 Set up: Review and verify with City staff administrative portion of tracking system for
measurement & verification based on DOE requirements
. Verify that the EPA Portfolio Manager is set up for all Energy Efficiency (ECMs) projects and
work with local utility for benchmarking tools as well as published incentives as needed
. Set up and/or verify log in at federalreoortinQ.Qov on behalf of City (PAGE Account); City
must initiate log in at PAGE for contractor for reporting purposes
. Download recent reporting forms and gather previously published reporting forms from City;
hours reflected are for initial set up then ongoing as part of the reporting process
. Coordinate with City Staff and other organizations, such as EDA, CEC, etc to ensure all
EECBG programs are being monitored accordingly; hours reflected are for initial set up then
ongoing as part of the reporting process
Task 1 subtotal: 30 hours
Task 2 Quarterly reports: Produce 12 quarterly reports using DOE & OMB required templates and
submit. Consultant will notify the City and its representatives for the data required to compile and
prepare each report up to 14 business days prior to the report due date. All data for these reports
must be received digitally (vie email) no later than 7 business days prior to the report due date set by
the DOE.
. AE'COM
2010-43
Data Collection: 72 hours (6 hours/report); Report Production and Submittal: 144 hours (12
hours/report)
Task 2 Subtotal: 216 hours
Task 3 Annual reports: Produce 3 annual reports using DOE & OMB required templates and
submit. Consultant will notify the City and its representatives for the data required to compile and
prepare each report up to 14 business days prior to the report due date. All data for these reports
must be received digitally (vie email) no later than 7 business days prior to the report due date set by
the DOE,
Data Collection: 18 hours (6 hours/report); Report Production and Submittal: 36 hours (12
hours/report)
Task 3 Subtotal: 54 hours
Summa
Task
Hrs/
$140
30
216
54
$42,000
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This proposal and budget is prepared according to current (February 201 O) understanding of EECBG
reporting requirements, If requirements by the DOE change over time such that extra effort is
required to complete the reports, we will review the budget with the City and agree an add service as
required,
Please let me know if you have any questions.
Best regards
Claire Bonham-Carter
Principal; Director of Sustainable Development