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HomeMy WebLinkAbout09- City Manager's Office CITY OF SAN BERNARDINO -REQUEST FOR COUNCILS AV A L From: Charles McNeely Subject: Authorize the City Manager to enter into a professional services contract with AECOM for the Dept: City Manager's Office performance of monitoring and reporting requirements for the EECBG program for$42,000 over a three year Date: March 9,2010 period. Meeting Date: March 15, 2010 Synopsis of Previous Council Action: June 15,2009: Mayor and Common Council authorized the initial application for$250,000 for the development of the Energy Efficiency&Conservation Strategy and associated projects and programs to be funded through the EECBG Program. November 5, 2009: Mayor and Common Council authorized the execution of a contract with AECOM for the development of an Energy Efficiency&Conservation Strategy(EECS)as well as the development of a larger Climate Action Plan. February 1,2010: Mayor and Common Council authorized the submittal of the Energy Efficiency and Conservation Strategy and application for the remaining$1,704,600 for programs and projects to be funded through the Energy Efficiency and Conservation Block Grant Program. Recommended motion: Adopt resolution. Signature Contact person: Debra Kurita Phone: 384-5122 Supporting data attached: Staff Report, Professional Services Agreement Ward: All Wards FUNDING REQUIREMENTS: Amount: $42,000 Source: EECBG Grant Funds Account number to be determined by finance Finance: Council Notes: Agenda Item No. q 345-l0 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Authorize 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. Background: On February 17, 2009 President Barack Obama signed into law the American Recovery and Reinvestment Act (ARRA) of 2009. The ARRA allocates funding to many programs, including health care, energy, infrastructure, education, and public safety. The total funding allocation of $828 billion consists of $396 billion for upgrades to transportation, infrastructure, construction, health care programs, education and housing assistance, and energy efficiency projects, $288 billion in personal and business tax credits,and$144 billion in state and local fiscal relief. One of the new programs receiving funding from ARRA is the Energy Efficiency & Conservation Block Grant (EECBG) Program. The EECBG provides grants to U.S. local governments, states, territories, and Indian tribes, to fund projects that reduce energy use and fossil fuel emissions, and that improve energy efficiency. The EECBG Program received $3.2 billion in nationwide funding; of that, $2.8 billion was made available as direct allocation grants to cities, counties, states and Indian tribes; the remaining $400 million will be made available through a competitive grant process. The City of San Bernardino received a direct allocation of$1,954,600. On June 15, 2009, the Mayor and Common Council authorized the initial application for $250,000 for the development of the Energy Efficiency & Conservation Strategy and associated projects and programs to be funded through the EECBG Program. On November 5, 2009, the Mayor and Common Council authorized the execution of a contract with AECOM for the development of an Energy Efficiency & Conservation Strategy (EECS) as well as the development of a larger Climate Action Plan. On February 1, 2010, the Mayor and Common Council authorized the submittal of the Energy Efficiency and Conservation Strategy and application for the remaining $1,704,600 for programs and projects to be funded through the Energy Efficiency and Conservation Block Grant Program. In order to meet the reporting and transparency requirements of ARRA, the Department of Energy and EECBG Program guidelines, staff is recommending entering into an agreement with AECOM for the performance of reporting and monitoring services related to the grant. Given the stringent reporting requirements and AECOM's expertise in the reporting to the Department of Energy, staff recommends allowing AECOM to perform these services over the life of the EECBG grant, or 36 months. Fa. Au'pKad pats Fiscal Impact: The total cost of reporting and monitoring services is $42,000 for a period of 36 months based on the duration of reporting requirements of the EECBG Program. The funds to pay for these services will be paid out of the administrative portion of the EECBG funds and will have no impact to the General Fund. Grant Award Amount: $1,954,600; Balance after approval of this item: $1,662,600 *Please note this balance does not indicate available funding. It does not include non- encumbered project expenses or expenses incurred but not yet processed. Recommendation: Authorize 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. 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH AECOM FOR THE 4 PERFORMANCE OF MONITORING AND REPORTING REQUIREMENTS FOR 5 THE EECBG PROGRAM FOR$42,000 OVER A THREE YEAR PERIOD. 6 WHEREAS, On February 17, 2009 President Barack Obama signed into law the 7 American Recovery and Reinvestment Act(ARRA)of 2009. 8 WHEREAS, one of the new programs receiving funding from ARRA is the Energy 9 Efficiency & Conservation Block Grant (EECBG) Program to fund projects that reduce energy 10 use and fossil fuel emissions,and that improve energy efficiency. 11 12 WHEREAS, the EECBG Program received $3.2 billion in nationwide funding; of that, 13 the City of San Bernardino received a direct allocation of$1,954,000. 14 WHEREAS, the City of San Bernardino has completed and submitted it's Energy ® 15 Efficiency & Conservation Strategy along with the final application with associated projects for 16 implementation by the EECBG Program. 17 WHEREAS, in order to fulfill the requirements of the Department of Energy and 18 EECBG Program Guidelines, strict monitoring and reporting of the EECBG funded activities is 19 20 required. The City of San Bernardino is currently contracting with AECOM for professional 21 consulting services related to the development of both the EECS and Climate Action Plan. 22 WHEREAS, AECOM has the necessary expertise and resources to perform the 23 required reporting and monitoring services of the EECBG Program and is available to perform 24 said services for the City of San Bernardino. 25 26 27 28 March 8,2010 *9 3-rs-10 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH AECOM FOR THE 2 PERFORMANCE OF MONITORING AND REPORTING REQUIREMENTS FOR THE EECBG PROGRAM FOR$42,000 OVER A THREE YEAR PERIOD. 3 4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 7 hereby authorize the City Manager to execute a services agreement with AECOM for the 8 performance of monitoring and reporting for the EECBG Program in accordance with the 9 proposal submitted by AECOM (attached hereto as Exhibit"A7). 10 SECTION 2. That the Mayor an Common Council of the City of San Bernardino 11 12 hereby authorize the City Manager, or his designee, utilize the option of extending the 13 agreement for up to 2 one year extensions. ® 14 15 16 /// 17 18 19 20 21 22 23 24 25 26 27 28 !/! March 8,2010 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH AECOM FOR THE 2 PERFORMANCE OF MONITORING AND REPORTING REQUIREMENTS FOR THE EECBG PROGRAM FOR$42,000 OVER A THREE YEAR PERIOD. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of , 2010 by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER 11 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 Rachel G. Clark, City Clerk 18 19 The foregoing resolution is hereby approved this day of 20 , 2010. 21 Patrick J. Morris, Mayor 22 City of San Bernardino Approved as to 23 FORM: 24 By: 25 JAM F. PENMAN, 26 City Attorney 27 28 March 8,2010 Exhibit "A" PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 This Agreement is entered into this day of 2010 by and 4 between AECOM ("CONSULTANT") and the City of San Bernardino ("CITY" or "San 5 Bernardino"). 6 WITNESSETH: 7 8 WHEREAS, the City Manager has determined that it is advantageous and in the best 9 interest of the City of San Bernardino to engage a professional consultant to perform reporting 10 and monitoring services to meet the requirements of the Energy Efficiency and Conservation 11 Block Chant; and 12 WHEREAS, it has been determined that CONSULTANT is the most qualified to 13 perform said services; 14 15 NOW,THEREFORE,the parties hereto agree as follows: 16 1. SCOPE OF SERVICES 17 For the compensation and expenses identified below, San Bernardino hereby engages 18 the CONSULTANT to provide those services as set forth in Attachment "I", which is attached 19 hereto and incorporated herein by this reference. 20 2 COMPENSATION AND EXPENSES 21 a. For the services delineated above, the CITY shall pay the CONSULTANT an amount 22 23 not to exceed $42,000 over a three(3) year period. 24 b. In no case shall the total cost of the services delineated above exceed $42,000. No other 25 expenditures made by CONSULTANT shall be reimbursed by CITY. 26 27 28 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 4 3. TERM 5 The services set forth in Attachment "1" shall be for a period of 36 months, 6 commencing on March 16, 2010, and terminating on March 15, 2013, unless previously 7 8 modified, amended or cancelled by the written mutual consent of both parties. 9 This Agreement may be terminated at any time by thirty (30) days written notice by 10 either party. 11 4. INDEMNITY 12 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and 13 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from ® 14 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 15 16 under the Agreement. 17 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, 18 and volunteers from any and all claims, actions, or losses, damages, and/or liability resulting 19 from CONSULTANT's negligent acts or omissions arising from the CONSULTANT's 20 performance of its obligations under the Agreement. 21 INSURANCE 22 23 While not restricting nor limiting the foregoing, during the term of this Agreement, 24 CONSULTANT shall maintain in effect policies of comprehensive public, general and 25 automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and 26 statutory worker's compensation coverage, and shall file copies of said policies with the Q27 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set 28 forth as an additional named insured in each policy of insurance provided hereunder. The 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED 1 TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any 4 change or termination in the policy. 5 5. NON-DISCRIMINATION 6 In the performance of this Agreement and in the hiring and recruitment of employees, 7 8 CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, 9 discrimination in the employment of persons because of their race, religion, color, national 10 origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual 11 gender or.sexual orientation, or any other status protected by law, except as permitted pursuant 12 to Section 12940 of the California Government Code. 13 6. INDEPENDENT CONTRACTOR © 14 CONSULTANT shall perform work tasks provided by this Agreement but for all intents 15 16 and purposes, CONSULTANT shall be an independent contractor and not an agent or 17 employee of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any 18 and all payment of Income Tax, Social Security, State Disability Insurance Compensation, 19 Unemployment Compensation, and other payroll deductions for CONSULTANT and its 20 officers, agents, and employees, and all business licenses, if any are required, in connection 21 with the services to be performed hereunder. 22 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS 23 24 CONSULTANT warrants that it possesses or shall obtain and maintain a business 25 registration certificate pursuant to chapter 5 of the Municipal Code, and any other license, 26 permits, qualifications, insurance and approval of whatever nature that are legally required of 27 CONSULTANT to practice its profession. 28 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 4 8. NOTICES. 5 Any notice to be given pursuant to this Agreement shall be deposited with the United 6 States Postal Service,postage prepaid and addressed as follows: 7 8 TO THE CITY: City Manager's Office 9 300 North"D" Street San Bernardino, CA 92418 10 Phone: (909) 384-5122 TO THE CONSULTANT: Claire Bonham-Carter 11 AECOM 515 South Flower Street, 9h Floor 12 Los Angeles, CA 90071 13 14 9. ATTORNEYS' FEES 15 In the event that litigation is brought by any party in connection with this agreement, the 16 prevailing party shall be entitled to recover from the opposing party all costs and expenses, 17 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 18 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 19 20 provisions hereof The costs, salary and expenses of the City Attorney and members of his 21 office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" 22 for the purposes of this paragraph. 23 10. ASSIGNMENT 24 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or 25 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's 26 27 prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be 28 void and shall constitute a breach of this Agreement and cause for the termination of this 4 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED 1 TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT Q2 PROGRAM 3 Agreement. Regardless of CITY's consent, no subletting or assignment shall release 4 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be 5 performed by CONSULTANT hereunder for the term of this agreement. 6 11. VENUE 7 8 The parties hereto agree that all actions or proceedings arising in connection with this 9 Agreement shall be tried and litigated either in the State courts located in the County of San 10 Bernardino, State of California or the U.S. District Court for the Central District of California, 11 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 12 mandatory and not permissive in nature. 13 12. GOVERNING LAW © 14 This Agreement shall be governed by the laws of the State of California. 15 16 14. SUCCESSORS AND ASSIGNS 17 This Agreement shall be binding on and inure to the benefit of the parties to this I8 Agreement and their respective heirs,representatives, successors, and assigns. 19 15. HEADINGS 20 The subject headings of the sections of this Agreement are included for the purposes of 21 convenience only and shall not affect the construction or the interpretation of any of its 22 23 provisions. 24 16. SEVERABILITY 25 If any provision of this Agreement is determined by a court of competent jurisdiction to 26 be invalid or unenforceable for any reason, such determination shall not affect the validity or 27 enforceability of the remaining terms and provisions hereof or of the offending provision in any 28 5 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 other circumstance, and the remaining provisions of the Agreement shall remain in full force 4 and effect. 5 17. ENTIRE AGREEMENT; MODIFICATION 6 This Agreement constitutes the entire agreement and the understanding between the 7 8 parties, and supersedes any prior agreements and understandings relating to the subject manner 9 of this Agreement. This Agreement may be modified or amended only by a written instrument 10 executed by all parties to this Agreement. 12 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and 13 date set forth below. © 14 15 Date: 12010 AECOM 16 17 By' Claire Bonham-Carter 18 Principal 19 20 21 Date: 12010 CITY OF SAN BERNARDINO 22 By: 23 Charles E. McNeely 24 City Manager 25 Approved as to Form: 26 27 28 James F. Penman City Attorney 6 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED © TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 This Agreement is entered into this day of 2010 by and 4 between AECOM ("CONSULTANT") and the City of San Bernardino ("CITY" or "San 5 Bernardino'). 6 WITNESSETH: 7 8 WHEREAS, the City Manager has determined that it is advantageous and in the best 9 interest of the City of San Bernardino to engage a professional consultant to perform reporting 10 and monitoring services to meet the requirements of the Energy Efficiency and Conservation 11 Block Grant; and 12 WHEREAS, it has been determined that CONSULTANT is the most qualified to 13 perform said services; 14 15 NOW,THEREFORE,the parties hereto agree as follows: 16 1. SCOPE OF SERVICES 17 For the compensation and expenses identified below, San Bernardino hereby engages 18 the CONSULTANT to provide those services as set forth in Attachment "I", which is attached 19 hereto and incorporated herein by this reference. 20 2. COMPENSATION AND EXPENSES 21 a. For the services delineated above, the CITY shall pay the CONSULTANT an amount 22 23 not to exceed $42,000 over a three (3) year period. 24 b. In no case shall the total cost of the services delineated above exceed $42,000. No other 25 expenditures made by CONSULTANT shall be reimbursed by CITY. 26 27 28 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED ® TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 4 3. TERM 5 The services set forth in Attachment "1" shall be for a period of 36 months, 6 commencing on March 16, 2010, and terminating on March 15, 2013, unless previously 7 8 modified, amended or cancelled by the written mutual consent of both parties. 9 This Agreement may be terminated at any time by thirty (30) days written notice by 10 either party. 11 4. INDEMNITY 12 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and 13 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 14 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 15 16 under the Agreement. 17 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, 18 and volunteers from any and all claims, actions, or losses, damages, and/or liability resulting 19 from CONSULTANT's negligent acts or omissions arising from the CONSULTANT's 20 performance of its obligations under the Agreement. 21 INSURANCE 22 23 While not restricting nor limiting the foregoing, during the term of this Agreement, 24 CONSULTANT shall maintain in effect policies of comprehensive public, general and 25 automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and 26 statutory worker's compensation coverage, and shall file copies of said policies with the 27 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set 28 forth as an additional named insured in each policy of insurance provided hereunder. The 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED 1 © TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any 4 change or termination in the policy. 5 5. NON-DISCRIMINATION 6 In the performance of this Agreement and in the hiring and recruitment of employees, 7 8 CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, 9 discrimination in the employment of persons because of their race, religion, color, national 10 origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual 11 gender or sexual orientation, or any other status protected by law, except as permitted pursuant 12 to Section 12940 of the California Government Code. 13 6. INDEPENDENT CONTRACTOR 14 15 CONSULTANT shall perform work tasks provided by this Agreement but for all intents 16 and purposes, CONSULTANT shall be an independent contractor and not an agent or 17 employee of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any 18 and all payment of Income Tax, Social Security, State Disability Insurance Compensation, 19 Unemployment Compensation, and other payroll deductions for CONSULTANT and its 20 officers, agents, and employees, and all business licenses, if any are required, in connection 21 with the services to be performed hereunder. 22 23 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS 24 CONSULTANT warrants that it possesses or shall obtain and maintain a business 25 registration certificate pursuant to chapter 5 of the Municipal Code, and any other license, 26 permits, qualifications, insurance and approval of whatever nature that are legally required of 27 CONSULTANT to practice its profession. 28 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 4 8. NOTICES. 5 Any notice to be given pursuant to this Agreement shall be deposited with the United 6 States Postal Service,postage prepaid and addressed as follows: 7 8 TO THE CITY: City Manager's Office 9 300 North"D" Street San Bernardino, CA 92418 10 Phone: (909) 384-5122 TO THE CONSULTANT: Claire Bonham-Carter 11 AECOM 12 515 South Flower Street, 9fl' Floor Los Angeles, CA 90071 13 14 9. ATTORNEYS' FEES 15 In the event that litigation is brought by any party in connection with this agreement, the 16 prevailing party shall be entitled to recover from the opposing party all costs and expenses, 17 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 18 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 19 20 provisions hereof The costs, salary and expenses of the City Attorney and members of his 21 office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" 22 for the purposes of this paragraph. 23 10. ASSIGNMENT 24 CONSULTANT shall not voluntaril y or b operation of law assign,y erati p transfer, sublet or 25 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's 26 27 prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be 28 void and shall constitute a breach of this Agreement and cause for the termination of this 4 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED 1 TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 Agreement. Regardless of CITY's consent, no subletting or assignment shall release 4 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be 5 performed by CONSULTANT hereunder for the term of this agreement. 6 11. VENUE 7 8 The parties hereto agree that all actions or proceedings arising in connection with this 9 Agreement shall be tried and litigated either in the State courts located in the County of San 10 Bernardino, State of California or the U.S. District Court for the Central District of California, 11 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 12 mandatory and not permissive in nature. 13 12 GOVERNING LAW 14 This Agreement shall be governed by the laws of the State of California. 15 16 14. SUCCESSORS AND ASSIGNS 17 This Agreement shall be binding on and inure to the benefit of the parties to this 18 Agreement and their respective heirs,representatives, successors, and assigns. 19 15. HEADINGS 20 The subject headings of the sections of this Agreement are included for the purposes of 21 convenience only and shall not affect the construction or the interpretation of any of its 22 23 provisions. 24 16. SEVERABILITY 25 If any provision of this Agreement is determined by a court of competent jurisdiction to 26 be invalid or unenforceable for any reason, such determination shall not affect the validity or 27 enforceability of the remaining terms and provisions hereof or of the offending provision in any 28 5 PROFESSIONAL SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF 1 SAN BERNARDINO FOR REPORTING AND MONITORING SERVICES RELATED �... TO THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 2 PROGRAM 3 other circumstance, and the remaining provisions of the Agreement shall remain in full force 4 and effect. 5 17. ENTIRE AGREEMENT; MODIFICATION 6 This Agreement constitutes the entire agreement and the understanding between the 7 8 parties, and supersedes any prior agreements and understandings relating to the subject manner 9 of this Agreement. This Agreement may be modified or amended only by a written instrument 10 executed by all parties to this Agreement. 11 iii 12 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 13 date set forth below. © 14 15 Date: 12010 AECOM 16 17 By' Claire Bonham-Carter 18 Principal 19 20 21 Date: 12010 CITY OF SAN BERNARDINO 22 By: 23 Charles E. McNeely 24 City Manager 25 .Approved as to Form: 26 27 / v. 28 J F. Penman Ci6 Attorney 6 Attachment "1" AA �O� AECOM 2135937785 tel 515 South Flower Street 9" Floor 213 593 7715 fax Los Angeles,CA 90071 wrw.aecom.com 12 February 2010 Debra Kurita Assistant City Manager 300 North"D" 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 Q 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 federalreportinc.cov 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. A=COM 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 Summary Budget Hrs/ Task $140 1 Review and establish tracking system for reporting 30 2 Produce 12 quarterly reports 18 hrs each 216 3 Produce 3 annual reports 018 hrs each 54 ® $42,000 This proposal and budget is prepared according to current(February 2010) 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