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HomeMy WebLinkAbout2012-041 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 III 27 28 RESOLUTION NO. 2012-41 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING SERVICES FOR THE DESIGN AND IMPLEMENTATION OF A RESIDENTIAL ENERGY AUDIT AND RETROFIT PROGRAM. WHEREAS, on February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act (ARRA) of 2009; and WHEREAS, one of the 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 improve energy efficiency; and WHEREAS, the EECBG Program received $3.2 billion in nationwide funding, and of that, the City of San Bernardino received a direct allocation of $1,954,000; and WHEREAS, on December 20,2010 the Mayor and Common Council authorized the creation of a Residential Energy Audit & Retrofit Rebate Program; and WHEREAS, the City of San Bernardino entered into the Professional Services Agreement with Willdan Engineering on June 21,2011, to perform services over a period of 18 months; and WHEREAS, Council approval is needed to transfer the remaining $73,106 EECBG funds to the Wil1dan budget for the implementation of the Residential Energy Audit and Retrofit Rebate Program. EECBG funding that is not spent will be returned to the DOE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: III ~5F 2>/\~/1 d-- 1 2 3 4 5 6 7 8 9 10 11 12 III 13 14 15 III 16 III 17 III 18 III 19 20 21 III 22 III 23 III 24 III 25 26 27 III 28 III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING SERVICES FOR THE DESIGN AND IMPLEMENTATION OF A RESIDENTIAL ENERGY AUDIT AND RETROFIT PROGRAM. SECTION 1. The City Manager is authorized and directed to execute an Amendment to the Agreement by and between the City of San Bernardino and WilIdan Engineering, approved by Resolution 2011-138. A copy of the Amendment is attached hereto and incorporated herein as Exhibit "A". SECTION 2. The authorization granted herein is rescinded if it is not fully executed by both parties within ninety (90) days of the passage of this Resolution. III III III 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO 3 AND WILLDAN ENGINEERING SERVICES FOR THE DESIGN AND IMPLEMENTATION OF A RESIDENTIAL ENERGY AUDIT AND RETROFIT 4 PROGRAM. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Ininr Tl"g,.hr meeting thereof, held on the 19t1dayof March ,2012, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x JENKINS x VALDIVIA X SHORETT X - KELLEY X JOHNSON X MCCAMMACK ~ (v~~ - ~r H a, ity Clerk The foregoing resolution is hereby approved this '3/'2.-1 day of Mauh ,2012. ~~o; City of San Bernardino Approved as to form: JAMES F. PENMAN, 7~ 2012-41 AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING FOR THE DESIGN AND IMPLEMENTATION OF A RESIDENTIAL ENERGY AUDIT RETROFIT REBATE PROGRAM WHEREAS, on February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act (ARRA) of2009; and WHEREAS, one of the 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 improve energy efficiency; and WHEREAS, the EECBG Program received $3.2 billion in nationwide funding, and of that, the City of San Bernardino received a direct allocation of $1 ,954,000; and WHEREAS, on December 20, 2010 the Mayor and Common Council authorized the creation of a Residential Energy Audit & Retrofit Rebate Program; and WHEREAS, the City of San Bernardino entered into the Professional Services Agreement with Willdan Engineering on June 21, 2011, to perform services over a period of 18 months; and WHEREAS, Council approval is needed to transfer the remaining $73,106 EECBG funds to the Willdan budget for the implementation of the Residential Energy Audit and Retrofit Rebate Program. EECBG funding that is not spent will be returned to the DOE. Now, therefore, the Services Agreement dated June 21, 2011, by and between the City of San Bernardino and Willdan Engineering is hereby amended as follows: Section 1. Section 2.1 of the 2011 Agreement is hereby amended as follows: 2.1 ComDensation. Over the term of this Agreement, Consultant shall be paid for such services as set forth in Exhibit "B", Budget, which is attached hereto and has been amended to reflect the transfer ofleflover funds in the amount of$73,106. 2012-41 AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING FOR THE DESIGN AND IMPLEMENTATION OF A RESIDENTIAL ENERGY AUDIT RETROFIT REBATE PROGRAM All other terms and conditions contained in the original Services Agreement shall remain in full force and effect. IN WITNESS THEREOF, the authorized parties have signed below; Willdan Engineering By: ~V W~ B' Albert V. Warot Charles McNeely DATED: 4/lej I { ,2012 DATED: o ,2012 Approved as to form: ATTEST: James F. Penman, City Attorney ~~~ Georgeann Hanna, City Clerk 4~ DATED: ,2012 2 . , 2012-41 Amended Exhibit B Budget The Scope of Services identified in Exhibit "A" shall be provided in accordance with the Following budget. TASKS Administration, Design Development and 1m lementation BUDGET $0.00 Tier 2 Retrofit Rebates Pre-Audit, Post-Audit and Post- Retrofit and Trainin Services Rebate Payment Processing $154,007.50 $367,818.50 Tier 2 Audits $25,320.00 $8,676.59 $68,863.15 Marketin Collateral $9,000.00 $11,600.00 $2,500.00 $2.000.00 $5,000.00 Brandin Marketin and Communications Plan Multicultural Services Website $18,300.00 Subtotal Total All Tasks $48,420.00 $673,105.74