HomeMy WebLinkAbout05.T- Public Works 5.T
RESOLUTION (ID # 1307) DOC ID: 1307 I
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Nadeem Majaj M/CC Meeting Date: 11/07/2011
Prepared by: Deborah Allen, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute and Administer a Contract with Southern California Edison Concerning
the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies.
Financial Impact:
Account Budgeted Amount: $513,600
Account No.:123-822-5505-0000-0098
Account Description: Funding for Energy Efficiency Programs
Balance as of October 20,2011: $513,600
Balance after approval of this item: $513,600
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: That said resolution be adopted.
Synopsis of Previous Council Action
11/30/10 Grants Ad Hoc Committee ratified the City's application to Southern California
Edison and recommended approval to the Mayor and Common Council.
06/06/11 Reso 2011-130 Authorizing the City Manager to execute and administer the
contract with Southern California Edison concerning the use of funds from the
Flight 5.6 Strategic Plan: Local Government Strategies.
Background:
Southern California Edison Company (SCE) designs, administers, and implements a large
portfolio of customer energy efficiency programs. SCE utilizes a variety of entities including
local governments, and regional governments to accomplish certain tasks related to the design,
analysis,planning, and operation of these programs.
In October 2007, the California Public Utilities Commission (CPUC) created a framework to
make energy efficiency a way of life in California by refocusing ratepayer-funded energy
efficiency programs on achieving long-term savings through structural changes in the way
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Californians use energy. The Commission recognized that California's very ambitious energy
efficiency and greenhouse gas reduction goals require long-term strategic planning to eliminate
persistent market barriers and effect lasting transformation in the market for energy efficiency
across the economy. Accordingly, the Commission committed to prepare and adopt a long-term
strategic plan for California energy efficiency through 2020 and beyond.
This Long Term Energy Efficiency Strategic Plan (Plan) was developed through a collaborative
process involving the CPUC's regulated utilities - Pacific Gas and Electric Company (PG&E),
Southern California Edison Company (SCE), San Diego Gas & Electric Company (SDG&E) and
Southern California Gas Company (SoCalGas) - and over 500 individuals and organizations
working together over an eleven-month period. This Plan sets forth a road map for energy
efficiency in California through the year 2020 and beyond. It articulates a long-term vision and
goals for each economic sector and identifies specific near-term, mid-term and long-term
strategies to assist in achieving those goals. With broad stakeholder input, the CPUC has
continually refined the implementation strategies which are at the heart of this Plan. Every
participant in this process recognizes the formidable task that lies ahead. Every participant also
recognizes, however, that ever increasing energy prices and the urgent threat of climate change
require that California set the bar high and move forward quickly and purposefully to realize the
full extent of efficiency opportunities statewide and achieve deep reductions in energy demand
and usage.
In August 2010, the City responded to Southern California Edison's Flight 5.6a Request for
Proposal for strategic plan activities centered on energy efficiency and addressing the "Big,
Bold" strategies, and related local government goals found in the CPUC's California's Long-
Term Energy Efficiency Strategic Plan.
The following table identifies the approved City programs, the budgets and brief descriptions:
Budget Category Task Budget
Administration Marketing Implementation Total
On-line permitting 1.1.5 $15,000 $50,000 $158,030 $221,900
Educational Programs for 1.1.6 $6,800 $15,400 $46,800 $68,800
local elected officials,
commissioners, stakeholders
Energy benchmarking policy 3.1.1 $4,000 $0 $51,450 $55,450
Utility manager 3.1.2 $16,000 $0 $98,030 $114,030
Commissioning policy 3.2.4 $6,700 $0 $46,720 $53,420
Totals $48,500 $65,400 $399,700 $513,600
Online Permitting Software System. This activity will provide for the completion of certain
planning, building and other permits currently only available at the counter. By developing an
online permitting process, residents and business owners will be able to submit applications and
plans over the internet, thereby reducing the number of trips to City Hall and reducing the
amount of time spent at the front counter by City staff.
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Educational Programs. The educational programs proposed for stakeholders will include various
topics related to energy efficiency. Sample topics could include: energy efficiency and
Greenhouse Gas (GHG) reduction in California; overview of how utilities operate and make
money and how they interact with each other; and energy efficiency.
Energy Benchmarking Utility Manager Software. Energy performance benchmarking is a
proven technique for helping organizations understand how their buildings perform relative to
similar buildings in their area and across the country.
Utili . Manager. A "Utility Manager" program takes static utility bill and meter data and
dynamically measures and reports on energy cost, consumption and environmental factors. The
ability to analyze the data helps building owners to manage utility bills and reduce their GHG
emissions. The reporting capability of a "Utility Manager" program is tremendous and can
provide data such as: cost per square foot, cost per employee, and facility benchmarking. With
the development of a benchmarking policy, the City will establish a common baseline for all the
buildings, allowing it to better target energy reduction efforts based on the buildings that have
the lowest benchmark scores.
Commissioning Policy. Development of a policy for retro-commissioning that accomplishes the
following objectives:
• Describes what commissioning/retro-commissioning is and the specific benefits to
municipal buildings
• Describes the industry-standard approach and the approach approved by SCE
• Assures integration of commissioning/retro-commissioning into our City's operations so
that commissioning becomes a normal process during proper care of our buildings
On November 30, 2010, staff presented the grant proposal and award to the Grants Committee
with members Kelley, McCammack and Desjardins present. The Committee ratified the City's
application and recommended approval by the Mayor and Common Council.
The contract was executed by the City Manager, however, there has been a delay from Southern
California Edison. Therefore, the resolution authorization period needs to updated and extended.
The statement of work, included in the contract, shown as Attachment A, has been finished and
approved by Southern California Edison and upon execution of the agreement by the City
Manager, SCE will execute the contract and provide a notice to proceed to the City.
City Attorney Review:
Approved as to Form.
Supporting Documents:
RESOLUTION TEMPLATE 1 (PDF)
FINAL - SC Edison Contract for EE_Tech_Upgrade_Program City of San Bernardino (PDF)
City of San Bernardino Statement of Work v 2 0_052411 SL- FINAL (PDF)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AND
3 ADMINISTER THE CONTRACT WITH SOUTHERN CALIFORNIA EDISON
4 CONCERNING THE USE OF FUNDS FROM THE FLIGHT 5.6 STRATEGIC
PLAN: LOCAL GOVERNMENT STRATEGIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 2)
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8 SECTION 1. That the City Manager is authorized to execute and administer a contract w
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9 (attached and incorporated herein as Attachment "A") with Southern California Edison �°
10 concerning the City of San Bernardino's use of funds from the Flight 5.6 Strategic Plan: Local v
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Government Strategies in the amount not to exceed $513,600 to be used for various energy 3
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efficient and technological upgrades.
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SECTION 2. The authorization to execute the contract is rescinded if the parties fail to
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15 execute the contract within one hundred twenty (120) days of passage of the resolution. o
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AND
2 ADMINISTER THE CONTRACT WITH SOUTHERN CALIFORNIA EDISON
CONCERNING THE USE OF FUNDS FROM THE FLIGHT 5.6 STRATEGIC
3 PLAN: LOCAL GOVERNMENT STRATEGIES.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th T
7 day of November,2011, by the following vote, to wit: N
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9 Council Members: Ayes Nays Abstain Absent o
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10 MARQUEZ U
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11 JENKINS -�
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12 BRINKER
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City Clerk Z
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The foregoing resolution is hereby approved this day of .12011.
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22 Patrick J. Morris,Mayor
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City of San Bernardino
23 Approved as to form: E
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25 James F. Penman, City Attorney
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SOUTHERN CALIFORNIA EDISON
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CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION o
CONTRACT
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SAN BERNARDINO ENERGY EFFICIENCY& TECHNOLOGY UPGRADE PROGRAM L
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THIS CONTRACT FOR SERVICES ("Contract") is by and between SOUTHERN �j
CALIFORNIA EDISON ("SCE") and the City of San Bernardino ("Implementer"), which E
Contract shall be effective as of ("Effective Date"). SCE and Implementer may =
be referred to herein individually as a"Party" and collectively as the "Parties. o
WHEREAS, on October 1, 2009 in Decision 09-09-47, the California Public Utilities �.
Commission ("Commission") authorized certain energy efficiency programs, including the
Energy Leader Partnership Program for the 2010-12 program cycle
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WHEREAS, in Decision 09-09-047, the Commission further authorized SCE to
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conduct a solicitation for certain energy efficiency strategic planning activities in E
connection with, and to support, its approved Energy Leader Partnership Programs and m
local governments generally; C
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WHEREAS, SCE has selected the Implementer to implement the San Bernardino 0,
Energy Efficiency & Technology Upgrade Program (referred to hereinafter as the v
"Program"), promoting long-term energy efficiency and climate action activities; E
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WHEREAS, the Implementer shall implement the Program for the benefit of certain °
participating governmental jurisdictions and their constituents; m�
WHEREAS, the Parties desire to enter into an agreement that supersedes any and c
all previous agreements, and sets forth the terms and conditions under which the Program
shall be implemented with respect to the Parties; and
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NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which w�
is hereby acknowledged, the Parties agree as follows: w
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1.0 DEFINITIONS:
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All terms used in the singular will be deemed to include the plural, and vice versa. The v
words "herein," "hereto," and "hereunder" and words of similar import refer to this 0
Contract as a whole, including all exhibits or other attachments to this Contract, as the a
same may from time to time be amended or supplemented, and not to any particular w
subdivision contained in this Contract, except as the context clearly requires otherwise. U)
"Includes" or "including" when used herein is not intended to be exclusive, or to limit the
generality of the preceding words, and means "including without limitation." The word a
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"or" is not exclusive.
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1.1. Business Day The period from one midnight to the following midnight, +,
excluding Saturdays, Sundays, and holidays. rn
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1.2. Calendar Day: The period from one midnight to the following midnight, 0
including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in
this Contract are Calendar Days. W
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1.3. Contract: This document issued by SCE to Implementer, as may be amended
in writing as provided herein, which authorizes the Work, states the terms and v
conditions, and incorporates by reference the Statement of Work and any other E
referenced documents, if applicable, all of which form the agreement (Contract) E CD
between the Parties, with the following priority in the event of conflicting '
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provisions: Amendments, from the most recent to the earliest; the Statement of �n
Work; this Contract; and any other referenced documents.
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1.4. Energy Efficiency Measure (or Measure): As used in the Commission's
Energy Efficiency Policy Manual, Version 4, August 2008. °c
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1.5. EM&V: Evaluation, Measurement and Verification of the Program pursuant
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to Commission requirements. ap
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1.6. Implementer Budget: The approved maximum budget for funding the o
performance by Implementer of the Program, as set forth in the Statement of Work
attached hereto as Exhibit A. v
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1.7. Incentive: As used in the Commission's Energy Efficiency Policy Manual,
Version 4, August 2008. o
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1.8. Jobsite: An SCE facility or designated third party property at or for which
the Work is performed.
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1.9. Participating Municipality: Those jurisdictions or member cities that: (i) are -�
located in SCE's service territory; and (ii) have been selected by SCE and
Implementer to participate in the San Bernardino Energy Efficiency & Technology Lw
Upgrade Program as set forth in the Statement of Work. L-
1.10. Program: The San Bernardino Energy Efficiency & Technology Upgrade
Program.
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1.11. Public Goods Charge (PGC): The funds which make up the Implementer o
Budget and which are collected from electric utility ratepayers pursuant to Section 0)
381 of the California Public Utilities Code for public purposes programs, including W
energy efficiency programs approved by the Commission. Cn
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1.12. Statement of Work (SOW): A statement of the tasks to be performed by the Z
Implementer, commercial terms including the Implementer Budget, reporting
requirements and other necessary information, as set forth in Exhibit A and c
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incorporated herein as part of this Contract, as such SOW may be modified from r
time to time as provided herein.
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1.13. Subcontractor: An entity contracting directly or indirectly with a Party, or 0
any Subcontractor thereof, to furnish services or materials as part of or directly
related to such Party's Work obligations. w
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1.14. Work: The work authorized by SCE for the Program as set forth in this
Contract and as more fully described in the SOW attached hereto as Exhibit A. f°
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2. PURPOSE
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The Program is funded by California utility ratepayers and is administered by SCE
under the auspices of the Commission. The purpose of this Contract is to authorize the
expenditure of PGC funds to Implementer for services performed pursuant to the terms of
this Contract and to set forth the terms and conditions under which the Program will be
implemented. The work authorized pursuant to this Contract is not to be performed for
profit.
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The Program was designed in furtherance of California's Long-Term Energy Efficiency m
Strategic Plan adopted by the Commission in 2008 ("Strategic Plan"). The Strategic Plan
was formulated and developed through a collaborative effort among key stakeholders, ,N
including local governments, SCE and other California investor-owned utilities, and the °
Commission's Energy Division, and provides a strategic menu list of options that local v
governments can address during the 2010-2012 program cycle. The goal of the strategic E
plan menu is to present activities centered on energy efficiency and to address the "Big,
Bold" strategies found in the Strategic Plan. The strategies are designed to embed and °
institutionalize energy efficiency in policies, programs, and processes within local a�
governments.
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3. AUTHORIZED WORK
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3.1. Scope. The Work authorized under this Contract is set forth in the
Statement of Work (Exhibit A) and shall be performed pursuant to the terms of this w�
Contract. w L
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3.2. Goals and Objectives. The Program is designed to meet the specific goals
objectives and milestones within the schedule and budget set forth in the Statement c
of Work (Exhibit A). °
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4. OBLIGATIONS OF PARTIES N
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4.1. General Obligations of Implementer. co
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4.1.1. Implementer will appoint a Program representative ("Implementer Z
Representative") who will be the primary contact between SCE and LL
Implementer, and who will be authorized to act on behalf of c
Implementer in carrying out its obligations under this Contract. Such E
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appointment shall be communicated in writing to SCE's designated Y
Contract Program Manager within ten (10) Business Days following ai
execution of this Contract. E:
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4.1.2. Implementer shall be responsible for achieving the goals and objectives
and producing the deliverables as set forth in the Statement of Work. w
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4.1.3. Implementer shall perform its Work obligations within the °
Implementer Budget and in conformance with the schedule associated v
with such Work as set forth in the Statement of Work, and shall
furnish the required labor, equipment and material with the degree of w
skill, care and professionalism that is required by current professional o
standards. cn
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4.1.4. Implementer shall be primarily responsible for coordinating the M
preparation of all Program-related documents, including all required
reporting of Implementer pursuant to Section 9, and any such other =
reporting as may be requested by SCE. Implementer shall obtain the E
approval of SCE prior to usage of any SCE Program documents or
other energy efficiency program documents or materials offered by m
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4.1.5. Upon reasonable request, Implementer shall submit to SCE all °
contracts, agreements or other requested documents with v
Implementer's Subcontractors performing Work for the Program. E
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4.2. General Obligations of SCE. 0-
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4.2.1. SCE will appoint a Program representative ("SCE Representative" or
"Contract Program Manager" ("CPNT)) who will be the primary contact a
between SCE and Implementer, and who will be authorized to act on
behalf of SCE in carrying out SCE's obligations under this Contract.
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4.2.2. SCE shall administer the PGC funds authorized by the Commission for w�
the Program in accordance with this Contract. L"
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5. MARKETING
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5.1. Marketing Materials. Implementer shall obtain the approval of SCE when ti
developing Program marketing materials and prior to distribution, publication, o
circulation, or dissemination in any way to the public by Implementer or by a
Participating Municipality. In addition, all advertising, marketing or otherwise w
printed or reproduced material (including website material) used to implement, to
refer to or is in anyway related to the Program must contain the respective name
and logo of SCE and, at a minimum, the following language: "This Program is z
funded by California utility ratepayers and administered by Southern California U_
Edison under the auspices of the California Public Utilities Commission." c
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5.2. Outreach. Implementer shall obtain the approval of SCE prior to
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implementation by Implementer or a Participating Municipality, of any public rn
outreach activities or campaigns for the Program (exhibits, displays, public
presentations, canvassing, etc.), and any marketing materials used in connection o
with such outreach activity shall comply with all requirements of Section 6 of this
Contract. w
5.3. Use of SCE Name. Implementer must receive prior review and written
approval from SCE for the use of SCE's name or logo on any marketing or other v
Program materials. Implementer shall allow five (5) Business Days for SCE review E
and approval. If Implementer has not received a response from SCE within the five .c
(5) Business Day period, then it shall be deemed that SCE has disapproved such o
use. v�
5.4. Use of Commission's Name. No Party may use the name of the Commission M
on marketing materials for the Program without prior written approval from the
Commission staff. In order to obtain this written approval, SCE must send a copy of
the planned materials to the Commission requesting approval to use the
Commission's name and/or logo. Notwithstanding the foregoing, the Parties shall
disclose their source of funding for the Program by stating prominently on m
marketing materials that the Program is "funded by California ratepayers under
the auspices of the California Public Utilities Commission."
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6. CONTROL OF WORK c
6.1 Compliance with Work Schedule: Implementer shall perform the Work in
compliance with the Work schedule set forth in the Statement of Work. If °S
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performance of the Work (including any task, or achievement of any goals or
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objectives outlined in the Statement of Work) is delayed beyond the schedule for any
reason, or if Implementer is aware that such Work will be delayed for any reason,
Implementer shall notify the SCE Representative within thirty (30) Business Days
in writing. SCE may, in its sole discretion, accept the delay, reduce the Work and Di
Implementer Budget accordingly, or terminate the Contract, within thirty (30)
Business Days following receipt of such written notice of delay from Implementer. CD
Failure of Implementer to notify SCE in writing of such delay in the Work schedule w
within thirty (30) Business Days shall constitute a breach of this Contract and SCE `0
may exercise any of the remedies set forth in this Section or in Section 23. v
6.2 Chanaes to Work:
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6.2.1 Changes. SCE may at any time make changes to the Work including
additions, reductions, and changes to any or all of the Work, as 0
directed in writing by the SCE Representative. Such changes may be w
made with a Change Order. The Implementer Budget and Work v
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schedule shall be equitably adjusted, if required, to account for such
changes and shall be set forth in a Change Order. J
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6.2.2 SCE Authority To Shift Funds Or Modify: SCE, in its sole discretion, LL
may reallocate funds among the programs in its energy efficiency
portfolio, or modify in anyway the program, funding or Work. In the a)
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event that SCE elects to change or modify the funding, program or w
Work, Implementer shall be notified in writing and if applicable by a aP
Change Order to this Contract. Such Change Order will specify any
changes to the Implementer's Scope of Work and may increase, o
decrease, or terminate overall program funding. a
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6.3 Stob Work Procedures: SCE may suspend Implementer's Work at any time
upon notice to Implementer for convenience or for cause, including, without o
limitation, program funding, program implementation or management, safety
concerns, fraud or complaints. Implementer shall stop performing the Work v
immediately upon receipt of such notice. Implementer shall resume the Work only
upon receiving written notice from SCE that it may do so. .
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6.4 Key Personnel: Implementer shall deliver to SCE a list of Implementer's key
personnel prior to commencing the Work. Any change to Implementer's key o
personnel shall be pre-approved by SCE; provided, however, that an unplanned
personnel change shall be reported to the SCE Representative immediately. The 0
Implementer shall designate a person that shall coordinate all Work and
communicate regularly for the Implementer with the SCE Representative.
Implementer shall promptly replace any key personnel if requested by the SCE
Representative, provided however, that this provision does not in any way require,
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endorse or approve (expressed or implied) the termination of employment by the
Implementer of any employee replaced under the terms of this paragraph. o
6.5 Subcontractors: Any Work subcontracted by Implementer shall be identified
as such in the Contract and any Work subcontracted to an Implementer's affiliated E
entity shall be similarly specifically identified. For any subcontracted Work, the
prior written approval of the SCE Representative shall be required for each o
Subcontractor, the activities to be performed, and the related charges. Implementer a.I
shall at all times be responsible for the Work, and for the acts and omissions of a
Subcontractors and persons directly or indirectly employed by them. Implementer
shall be solely responsible and liable for ensuring that the terms and conditions of
all subcontracts are in accordance with this Contract, including but not limited to c�
all invoicing requirements. Any review or approval by SCE of a Subcontractor or a
subcontract shall not relieve Implementer of its obligations hereunder.
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6.6 Additional Instructions: If Implementer receives any verbal or written o
instructions for performance of Work from SCE personnel other than the SCE w
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Representative, Implementer shall promptly reconfirm such instructions with the
SCE Representative and request that a corresponding Change Order be issued as o
necessary. v
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6.7 Emergencies In an emergency endangering life or property, Implementer 0
shall: a) perform Work or such other services or work as is necessary to meet the w
emergency; and b) immediately notify SCE. v
6.8 Drafts: Draft copies of required reports shall be submitted to the SCE i
Representative for review for contractual compliance, satisfaction of SCE needs and z_
good professional practices, comments, and approval, prior to the due date of such U_
reports.
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6.9 Inspection: SCE authorized representatives shall have the right of access to
and inspection of Implementer's facilities and/or locations at reasonable times 0
during regular business hours regarding performance of the Work. U-
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6.10 Uncontrollable Forces: Implementer shall not be liable for delay in the Work 0
Schedule or inability to perform the Work due to any cause beyond its reasonable W
control, such as strike, flood, fire, lightning, epidemic, quarantine restriction, war, I
sabotage, act of a public enemy, earthquake, or critical material unavailability; c
provided that Implementer promptly notifies SCE in writing of the nature, cause,
date of commencement, and expected impact of the event and has exercised due v
diligence in proceeding to meet the Work Schedule. SCE shall extend the Work
Schedule for an equitable period due to such causes without any change in the
Contract price. 0
7. FITNESS FOR DUTY/JOBSITE ACCESS REQUIREMENTS c
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7.1 Fitness for Duty:
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7.1.1 Implementer and its Subcontractor personnel on a Jobsite: _
(i) Shall report for work in a manner fit to do their job; c
(ii) Shall not be under the influence of or in possession of any alcoholic
beverages or of any controlled substance (except a controlled
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substance as prescribed by a physician for such person so long as the -
performance or safety of the Work is not affected thereby); and
(iii) Shall not have been convicted of any serious criminal offense which, E
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by its nature, may have a discernible adverse impact on the business 2
or reputation of SCE. 0
7.1.2 Inspection: Searches by SCE authorized representatives may be made of a m�
lockers, storage areas, vehicles, persons or personal effects on SCE owned, or
leased property at various times without prior announcement. Such facility a
inspections may be conducted using detection dog teams to search work
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areas and other common areas in order to detect evidence of unlawful drug
use or the presence of pyrotechnics, explosives, firearms, weapons, or f-
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facsimiles thereof, alcoholic beverages and illegal drugs ( Prohibited Items"). w
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Prohibited Items must not be brought onto, or kept on, SCE property. o
7.1.3 Compliance: Implementer shall advise its employees of the requirement of 0
this Section 7.1 ("Fitness for Duty Requirements") before they enter on the
Jobsite and shall immediately remove from the Jobsite any employee 0
determined to be in violation of these requirements. Implementer shall c
impose these requirements on its Subcontractors. SCE may cancel the v°,
Contract if Implementer violates these Fitness for Duty Requirements. W
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7.2. JOBSITE ACCESS REQUIREMENTS
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7.2.1 Notification of Convictions: During application for Jobsite access, and/or
during the Work, Implementer shall immediately notify SCE whenever
Implementer becomes aware of evidence that any Implementer's or its E
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Subcontractors' employee, who has, or will have, Jobsite access, has been
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convicted of a serious criminal offense. a
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7.2.2 Visitor Badge Requirement: All visitors to a particular Jobsite must comply 0
with that Jobsite's visitor access requirements. M
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7.3. Sexual Harassment: SCE supports a diverse work force and prohibits unlawful L
employment discrimination and harassment of every kind, including sexual
harassment, in accordance with state and federal laws. Whenever present on SCE v
property or facilities, Implementer shall require its employees, Subcontractors, agents L
to comply with all applicable federal and state statutes, acts, regulations, codes and s
standards prohibiting conduct that might reasonably be construed as violating state or
federal equal opportunity laws, including conduct such as making sexually suggestive
jokes or remarks, touching, assaulting, making gestures of a sexual or suggestive ti
nature, and impeding or blocking any SCE employee's, subcontractor's or agent's M
movement.
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8. DOUBLE DIPPING PROHIBITED
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If, in performing its respective Work obligations, Implementer engages contractors or m
vendors who provide incentives or services to SCE customers, Implementer shall take all
appropriate ste s to minimize double-di co
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8.1. Prior to providing incentives or services to any eligible customer, v
Implementer shall require its Subcontractors to obtain a signed form from such E
eligible customer stating that:
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8.1.1. Such eligible customer has not received incentives or services for the .1
same measure from any other SCE program or from another utility,
state, or local program; and
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8.1.2. Such eligible customer agrees not to apply for or receive Incentives or
services for the same measure from any other SCE program or from
another utility, state, or local program. w
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Each Party shall keep its customer signed forms for at least five (5) years +,
after the expiration or termination of this Contract.
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8.2. No Party shall knowingly provide an incentive to a Participating v
Municipality, or make payment to a Subcontractor, who is receiving compensation 0
for the same product or service either through another ratepayer funded program,
or through any other funding source. w
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9. REPORTING/EM&V J
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9.1. Reporting. The Parties shall implement all reporting requirements set forth LL
in the Statement of Work, including Appendix A and B of the Statement of Work.
The reporting requirements set forth in such Appendix B will be amended when E
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issued by the Commission for the 2010-2012 Program cycle, and may be amended Y
from time to time thereafter at the discretion of the Commission. Upon issuance by T
the Commission of revised reporting requirements for 2010-12 related to the
Program, such Commission-approved reporting requirements shall replace the 0
reporting requirements set forth in Appendix B of the Statement of Work in their
entirety upon written notice to the Implementer, which notice shall include a copy
of the revised Appendix B. i
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9.2. EM&V. The evaluators will be asked to prepare a Program logic model based v
upon the written proposal and on interviews with the Implementer. Research issues L
will be defined in collaboration with SCE program managers and may include s
questions such as: How well were program activities documented? How effectively o
was the proposed plan implemented? What could be done to improve the plan's �n
effectiveness? Who are the decision-makers, and what information did they use to ti
make their decisions?
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10.PAYMENTS/COMMERCIAL TERMS c
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10.1. Implementer Budget. The Implementer Budget is set forth in the Statement L
of Work. Implementer shall not be entitled to compensation in excess of the m
Implementer Budget without a Change Order issued and signed by SCE. M
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10.2. Time and Material Basis. All Work will be performed on a time and material 0,
basis and subject to the following general provisions: v
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10.2.1. General Provisions.
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a. All charges shall be directly identifiable to, and required for
the Work.
b. Any charges for overtime shall require the prior written Q
approval of the SCE Representative. Overtime rates shall be
authorized and charged only for non-exempt personnel.
C. Implementer shall complete the Work within the amount (D
authorized by the Contract and in accordance with the Work W�
Schedule. Implementer shall notify SCE's procurement agent `�'
responsible for the Contract and the SCE Representative at
such time that it becomes reasonably apparent that the L
forecasted cumulative charges will exceed any amounts o
authorized by the Contract (whether by task, total amount of v
Contract, or both). Implementer shall not proceed with or be 0
reimbursed for any Work performed, either beyond the
effective period of the Contract, or exceeding the authorized W
amounts of the Contract, without a Change Order. W
10.2.2 Labor Related Costs Under Time and Material Basis. Implementer a
shall invoice SCE at the fixed hourly rates for the applicable labor Z
categories stated in the Contract for time spent directly engaged in
performance of the Work by Implementer's employees. Such fixed
hourly rates shall be inclusive of all of Implementer's overhead costs s
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(including all taxes and insurance), administrative and general fees,
and profit.
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10.2.3 Invoices. Implementer shall submit monthly invoices for the costs c
incurred in the prior month and shall include a cost breakdown for
each task identified in the Statement of Work. Each invoice shall W
include:
10.2.3.1 Status ,o
a. SCE's Contract number. U
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b. Task Description.
c. Cost incurred to date.
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d. Current monthly amount invoiced.
e. Cumulative amount invoiced to date.
f. Current monthly and cumulative amounts authorized, o
and justification for all variances between amounts
authorized and incurred or invoiced.
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g. Statement of deliverables for the period. m
10.2.3.2 Labor
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a. Dates worked. o
b. Personnel name, work hours and classification. v
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c. Personnel Fixed rate.
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d. Description of Work performed by task. .1
e. Completion of Appendix"C" of the Statement of Work.
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10.2.3.3 Reimbursable expenses (pre-approved by SCE)
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a. Material costs. i
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b. Subcontract costs. W
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C. Out-of-Pocket expenses. 12 2
d. Travel costs.
10.2.4 Expenses. All reimbursable expenses shall be authorized by SCE in v
writing ndgr to the expenditure. Any expenses not so approved by o
SCE shall not be reimbursed. All expenses shall be charged at cost,
without mark-up, and shall be necessary, reasonable and ordinary. W
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10.2.4.1 Material Costs. Material costs shall be substantiated with N
an invoice stating the unit price, quantity, and other information as a
required to identify the Work. ?
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10.2.4.2 Subcontract Costs. Subcontracted Work shall be charged at m
the rates actually paid by Implementer, not to exceed the rates set E
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forth in the Contract for Work by the Implementer. Implementer shall
provide Subcontractor invoices for any Implementer invoice that 2M
includes Subcontractor costs. LL
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10.2.4.3 Out-of-Pocket expenses. Miscellaneous costs such as N
telephone communications, routine copying, electronic mail, w
facsimiles, computer time and in-house technical software are deemed
to be included in Implementer's overhead costs will not be c
reimbursed.
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10.2.4.4 Travel Costs. Approved air travel costs shall in no case c
exceed economy or coach fare, whichever is reasonably available. _
Automobile travel from Implementer's office to the Jobsite and to 3
SCE's general offices shall be paid at the fixed mileage rate stated in co
the Contract, or if not stated, at SCE's rate for SCE employees.
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10.2.5 Final Invoice. The final invoice shall be marked "FINAL" and must
be received by SCE within sixty (60) calendar days after completion of C
the Work. SCE shall not be liable for payment of any late invoices
that are received by SCE beyond the 60 days.
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10.2.6 Invoice Deficiencies. In the event SCE determines that Implementer's
(or any of its subcontractors) invoices do not meet the invoicing
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requirements of the Contract, SCE will notify Implementer of the o
deficiencies and Implementer shall correct such deficiencies promptly. w
10.2.7 Payment by SCE. SCE shall pay each correct invoice, submitted in U
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accordance with the terms of the Contract, within thirty (30) days of `L°
SCE's receipt of the correct invoice in SCE's Accounts Payable rn
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10.2.8 Records. Implementer shall maintain, for a period of five (5) years
after final payment, complete accounting records (and supporting a
documentation) of all invoiced costs. SCE reserves the right to audit Di
and copy any applicable documents related to the Work hours, all
costs and expenses invoiced, and task completion records. Each
invoice shall list the number of the Contract covered by such invoice. W
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11. COMPLIANCE WITH LAW; PERMITS, STATUTES AND CODES
11.1. The Implementer shall comply with, and shall ensure that the Work shall
comply with the applicable requirements of all statutes, acts, ordinances,
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regulations, codes, and standards of federal, state, local and foreign governments, N
and all agencies thereof. 2
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requirements of (Presidential) Executive Order 11246 of September 24, 1965, as Q
amended, and applicable regulations promulgated thereunder. Z
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11.3 Implementer Policy for Web Accessibility. c
If an Implementer currently hosts and manages a web site, on behalf of SCE, that s
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contains public, customer-facing pages, content and/or transactions that is not Ui
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already web accessible and compliant with Web Content Accessibility Guidelines rn
version 2.0, Level AA(WCAG 2.0, Level AA), the Implementer must make updates U_
to the web site pages, content and/or transactions to meet web accessibility o
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compliance, unless Implementer is not required by law to comply.
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As such, Implementers who plan to or currently host and maintain web sites that
include web pages, content and/or transactions for SCE shall agree to the following
terms regarding current and/or planned web sites unless Implementer is not 1
required to do so by law:
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11.3.1 All public facing web pages, transactions and content, including
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multimedia and interactive content and forms targeted for SCE
customers, shall be made web accessible and meet the standards
defined in WCAG 2.0, Level AA. Multi-media and interactive content M
within the scope of these terms include, and are not limited to, image
files, video files, audio files, Flash movies and applications, Flex c
applications, Silverlight applications, functionality developed with
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AJAX and/or any other interactive technology not otherwise specified
but utilized to serve up information and/or transactions on the web. m
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11.3.2 Attachments that are posted on a web page for download must also be 4-
made web accessible. Attachments include, and are not limited to, �°,
Adobe Acrobat PDF files, Microsoft Office files, or any other type of v
file intended for a customer to download and review offline. An E
exception may be allowed only if the content contained within the
download is already offered on the web site in a web accessible °
format, and the downloadable attachment is duplicative to the content .I
or transaction displayed on web pages. Such exceptions must be "o
documented and requested by the Implementer, agreed upon by both a
Implementer and SCE, and granted by SCE prior to declaring any
attachment exempt from web accessibility compliance. s
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11.3.3 Implementers must include compliance with WCAG 2.0, Level AA W�
guidelines as part of the base system requirements for any work "'
completed for SCE. Implementers are responsible for testing 0
proposed web pages, content and/or transactions, and confirming L
compliance with WCAG 2.0 Level AA guidelines. Proof of testing may o
be documented in the form of test plans, test scripts, test results, U
and/or web accessibility audits (performed by the Implementer itself o
or an external party). SCE may, at any time, request for such
documentation to confirm that testing was completed and that the W
published web page, content and/or transaction satisfies web U)
accessibility compliance with WCAG 2.0, Level AA. J
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11.3.4 Upon deployment (i.e. publication for external consumption) of web LL
accessible pages, content and/or transactions, Implementer must, to c
the best of its abilities, maintain compliance with WCAG 2.0, Level E
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AA for as long as the web pages, content and/or transactions are made
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publicly available on the third-party hosted web site: a
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11.3.4.1 If Implementer must edit, enhance, modify, or update web o
pages, content and/or transactions, Implementer agrees to (re-
)test for web accessibility compliance, and document test w
results to prove that said content continues to maintain web
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accessibility compliance. SCE may, at any time, request for
such documentation to confirm that testing was completed and v
that the published web page, content and/or transaction E
satisfies web accessibility compliance with WCAG 2.0, Level s
AA.
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11.3.4.2 On a periodic basis, SCE may perform audits on the third-
party hosted site to assess web accessibility compliance. M
Audits may be completed by manual evaluation or through the
use of an automated testing tool. If SCE identifies any content C
that was previously communicated as being compliant but is
subsequently found to be in violation, 1) SCE will identify, in F
writing, the specific web page, content or transaction form m
where the violation is found, the specific WCAG 2.0, Level AA M
guideline that has been violated, and what the specific ,(n
violation is determined to be; 2) Implementer agrees to correct 0,
the item(s) in violation on its own accord, with no cost impact
to SCE, in a timeframe that both SCE and Implementer agree E
to, not to exceed 30 calendar days.
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11.3.4.3 SCE requires an annual web accessibility audit of SCE's -1
web properties by an independent auditor. Any part or all
pages of a third-party hosted web site may be included in the a
annual audit. If the independent auditor identifies any web D
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page, content or transaction that was previously
communicated as being compliant but is subsequently found to
be in violation, 1)Auditor will identify, in writing, the specific w�
web page content or transaction form where the violation is Uj
found, the specific WCAG 2.0, Level AA guideline that has 12
been violated, and what the specific violation is determined to
be; 2) SCE shall provide Implementer with audit report, 3) c
Implementer agrees to correct the item(s) in violation on its U
own accord, with no cost impact to SCE, in a timeframe that o
both SCE and Implementer agree to, not to exceed 30 calendar :a
days. w
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11.3.5 If an existing third-party hosted web site utilizes a commercial off-
the-shelf third-party software package to deliver any type of Z
functionality that is customer-facing, the Implementer must work LL
with the software manufacturer to determine whether the software c
produces web-accessible pages, content and/or transactions. E
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11.3.5.1 If the software manufacturer is unable to provide a product as
that produces web pages, content and/or transactions that 5:
meet WCAG 2.0, Level AA guidelines, the Implementer shall o
request the software manufacturer to produce such limitations
in writing (i.e. in the form of product specifications, formal w
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response from software manufacturer's technical support) and
subsequently provide such documentation to SCE.
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11.3.5.2 If the software manufacturer is unable to provide a product
that produces web pages, content and/or transactions that 4;
meet WCAG 2.0, Level AA guidelines, the Implementer agrees o
to pursue, in good faith, an alternate product that can provide N
equivalent functionality and satisfy WCAG 2.0, Level AA web ti
accessibility compliance requirements. r°>
11.3.6 If an Implementer plans to utilize a commercial off-the-shelf third- _
party software package to deliver any type of functionality that is
customer-facing for a future web site, the Implementer agrees to
pursue, in good faith, a product that can meet the desired business m
functionality requirements and WCAG 2.0, Level AA web accessibility M
compliance requirements. Cn
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11.3.6.1 If the Implementer is unable to locate a product that meets
both business functionality requirements and web accessibility E
compliance requirements, the Implementer must communicate
such limitations, in writing, and justify the software selection
choice. Implementer shall also request the software .I
manufacturer of desired product to produce such limitations in 0
writing (i.e. in the form of product specifications, formal a
response from software manufacturer's technical support) and
subsequently provide such documentation to SCE. SCE shall
reserve final decision-making authority to approve the usage of
such software to deliver desired business functionality.] w
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12. INDEMNITY/CONSEQUENTIAL DAMAGES
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12.1. Indemnity. Implementer shall indemnify, defend and hold harmless SCE, v
and its respective successors, assigns, affiliates, subsidiaries, current and future o
parent companies, officers, directors, agents, and employees, from and against any a
and all expenses, claims, losses, damages, liabilities or actions in respect thereof w
(including reasonable attorneys' fees) to the extent arising from (a) any act or vii
omission of Implementer, its Subcontractors, or any of their respective employees,
officers and agents, relating to this Contract, or (b) Implementer's breach of this Q
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Contract or of any representation or warranty of Implementer contained in this U_
Contract.
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12.2. NO CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE r
TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR 2M
CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, U.
TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT N
NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR
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FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF
REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM
A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS
HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE WORK OR
TERMINATION OF THIS CONTRACT. c
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13. DEVELOPMENTS/PROPRIETARY RIGHTS
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13.1. Ownership. The Parties acknowledge and agree that SCE, on behalf of its i.
customers, shall own all deliverables, data, reports, information, manuals, computer M
programs, works of authorship, designs or improvements of equipment, tools or
processes (collectively "Developments") or other written, recorded, photographic or 0_
visual materials, intellectual property, inventions and trade secrets and all
deliverables produced in the performance of this Contract, whether proprietary or
non-proprietary; provided, however, that Developments do not include equipment or m
infrastructure purchased for research, development, education or demonstration R
related to energy efficiency. Although Implementer shall retain no ownership, w
interest, or title in the Developments except as may otherwise be provided in this °
Contract, it will have a permanent, royalty free, non-exclusive license to use such v
Developments. E
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13.2. Risk of Loss. Implementer shall have risk of loss of or damage to the
undelivered Developments until completion of the Work. .I
13.3. Infringement. a)
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13.3.1.Implementer represents and warrants that the Work performed by
Implementer and/or its Subcontractors shall be free of any claim of
trade secret, trade mark, trade name, copyright, or patent iw
infringement or other violations of any proprietary rights of any L
person. °
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13.3.2.Implementer shall defend, indemnify and hold harmless, SCE, its c
officers, agents, employees, successors and assigns from and against U
any and all liability, damages, losses, claims, demands, actions, causes o
of action, and costs including reasonable attorney's fees and expenses :a
arising out of any claim, demand, or charge that use of the Work or w
Developments infringe upon any trade secret, trademark, trade name,
copyright, patent, or other intellectual property rights.
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14. INSURANCE Ui
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14.1. Implementer will maintain, and shall require its Subcontractors to maintain, U-
the following insurance coverage or self insurance coverage, at all times during the 0
term of this Contract, with companies having an A.M. Best rating of "A-, VII" or 0
better, or equivalent: W
14.1.1.Workers' Compensation: statutory minimum.
14.1.2. Employer's Liability coverage: $1 million minimum.
14.1.3.Commercial General Liability: $2 million minimum c
per occurrence/$4 million minimum aggregate. _
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Such insurances shall acknowledge SCE, its officers, agents and employees as �n
additional insureds, be primary for all purposes, contain standard cross-
liability or severability of interest provisions, and waive all rights of
subrogation against SCE its officers, agents, employees and other contractors
or Subcontractors.
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14.1.4.Commercial or Business Auto: $1 million minimum. L
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Such insurance shall acknowledge SCE, its officers, agents and employees as
additional insureds and be primary for all purposes. N
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14.1.5.Professional Liability (if applicable): $1 million minimum. v
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14.2. Evidence of Insurance. Upon request at any time during the term of this
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Contract, Implementer shall provide evidence that its insurance policies and the a0`
insurance policies of any Subcontractor, as provided in this Section are in full force
and effect, and provide the coverage and limits of insurance that Implementer has
represented and warranted herein to maintain at all times during the term of this a
Contract.
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14.3. Self-Insurance. If Implementer is self-insured, it shall upon request forward F
documentation to SCE that demonstrates to SCE's satisfaction that Implementer W�
self-insures as a matter of normal business practice before commencing the Work. u'
SCE will accept reasonable proof of self-insurance comparable to the above '0
requirements. Q
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14.4. Notice of Claims. Implementer shall immediately report to SCE, and ci
promptly thereafter confirm in writing, the occurrence of any injury, loss or damage o
incurred by Implementer or its Subcontractors or their receipt of notice or
knowledge of any claim by a third party of any occurrence that might give rise to W
such a claim. U N
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14.5. Insurance Indemnification: If Implementer fails to comply with any of the Z
provisions of this Section, "INSURANCE", or any insurance requirements in the U-
Contract, Implementer shall, at its own cost, defend, indemnify, and hold harmless c
SCE, its affiliates and their officers, directors, agents, employees, assigns, and E
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successors in interest, from and against any and all liability, damages, losses,
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w p claims, demands, actions, causes of action, costs, including attorney's fees and as
expenses, or any of them, arising out of or in connection with the performance or LL
non-performance of the Work by Implementer or any Subcontractor, or their o
officers, directors, employees or agents to the extent that SCE would have been
protected had Implementer complied with all of the provisions of this Section. w
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15. CUSTOMER CONFIDENTIALITY REQUIREMENTS
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15.1. Non-Disclosure. Implementer, its employees, agents and Subcontractors c
shall not disclose any Confidential Customer Information (defined below) to any Q
third party during the term of this Contract or after its completion, without :3
Implementer having obtained the prior written consent of SCE, except as provided
by law, lawful court order or subpoena and provided Implementer gives SCE
advance written notice of such order or subpoena. Notwithstanding any other
provisions in the Contract, Implementer's nondisclosure obligations with respect to
SCE Confidential Customer Information shall survive any expiration or termination c°
of the Contract in perpetuity.
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15.2. Confidential Customer Information. "Confidential Customer Information" m
includes, but is not limited to, an SCE customer's name, address, telephone number,
account number and all billing and usage information, as well as any SCE
customer's information that is marked "confidential". If Implementer is uncertain °
whether any information should be considered Confidential Customer Information, v
Implementer shall contact SCE prior to disclosing the customer information. E
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15.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential 0
Customer Information, SCE may require Implementer to enter into a nondisclosure CL
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agreement. �
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15.4. Commission Proceedings. This provision does not prohibit Implementer from D
disclosing non-confidential information concerning the Work to the Commission in s�
any Commission proceeding, or any Commission-sanctioned meeting or proceeding U
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or other public forum. w
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15.5. Return of Confidential Information. Confidential Customer Information °
(including all copies, backups and abstracts thereof) provided to Implementer by
SCE, and any and all documents and materials containing such Confidential
Customer Information or produced by Implementer based on such Confidential °
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Customer Information (including all copies, backups and abstracts thereof), during
the performance of this Contract shall be returned upon written request by SCE. °
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15.6. Remedies. The Parties acknowledge that Confidential Customer Information v
is valuable and unique, and that damages would be an inadequate remedy for
breach of this Section 15 and the obligations of the Parties are specifically Q
enforceable. Accordingly, the Parties agree that in the event of a breach or U_
threatened breach of this Section 15 by Implementer, SCE shall be entitled to seek
and obtain an injunction preventing such breach, without the necessity of proving
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damages or posting any bond. Any such relief shall be in addition to, and not in lieu Y
of, money damages or any other available legal or equitable remedy. �
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16. SECURITY INCIDENT PROVISIONS o
16.1. SCE Personal Information. W
16.1.1.Definition. SCE Personal Information is defined as any information in
the possession or under the control of SCE or any of its affiliates, or U
that is furnished or made available by SCE or any of its affiliates to L
Implementer, that identifies, relates to, describes, or is capable of 4;
being associated with, any particular individual (whether SCE o
employee, customer, or otherwise), including, but not limited to, his or �n
her name, signature, social security number, physical characteristics
or description, address, telephone number, passport number, driver's M
license or state identification card number, insurance policy number,
medical information or health insurance information, education,
employment, employment history, bank account number, credit card
number, debit card number, or any other financial information.
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16.2. Nondisclosure of SCE Personal Information. Implementer, its employees,
agents and Subcontractors shall not disclose any SCE Personal Information (defined N
above) to any third party during the term of this Contract or after its completion, y,
without Implementer having obtained the prior written consent of SCE, except as v
provided by law, lawful court order or subpoena and provided Implementer gives E
SCE advance written notice of such order or subpoena.
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16.2.1. Notwithstanding any other provision in the Contract or Contract, ai
Implementer's nondisclosure obligations with respect to SCE Personal
Information shall survive any expiration or termination of the aL�
Contract in perpetuity. Upon the expiration or termination of the :D
Contract, or at any time upon request of SCE, all SCE Personal
Information in any medium, including all copies or parts thereof, shall
be returned to SCE or destroyed, except that Implementer may retain W�
one copy of any materials prepared by Implementer containing or "L'
reflecting SCE Personal Information if necessary for compliance with 0
its internal record-keeping or quality assurance requirements only. If i
destroyed, such destruction shall be certified in writing by
Implementer. 0
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16.3. Security Incidents. This section shall apply only to the extent Implementer is a
in possession or control of SCE Personal Information or SCE Confidential Customer W
Information. v
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16.2.1 Security Incident Response Plan. Implementer shall develop, Q
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implement and maintain a written plan and process for preventing, U_
detecting, identifying, reporting, tracking and remediating Security c
Incidents ("Security Incident Response Plan" or "SIRP"). A Security Incident E
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shall mean an event or set of circumstances that results in a reasonable
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expectation of a compromise of the securit y, confidentiality or integrity of .LM
SCE data or information under the Implementer's control. Examples of FL
Security Incidents include are but not limited to: o
(i) Security breaches to Implementer's network perimeter or to W
internal applications resulting in potential compromise of SCE data
or information. ,0
(ii) Loss of physical devices or media, e.g., laptops, portable media,
paper files, etc., containing SCE data. c
(iii) Lapses in, or degradation of, Implementer's security controls, s
methods, processes or procedures. o
(iv) The unauthorized disclosure of SCE data or information. N
(v)Any and all incidents adversely affecting SCE's or its affiliates', as
the case may be, information assets. M
16.2.2 SIRP General Requirements. Implementer's SIRP will include =°
Security Incident handling and response procedures, specific contacts
in an event of a Security Incident, the contacts'roles and L
responsibilities, and their plans to notify SCE or its affiliates, as the m
case may be, concerning the Security Incident. The SIRP must be M
based on and meet all requirements of the following'
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16.2.2.1 U.S. federal and applicable state laws, statutes and v
regulations concerning the custody, care and integrity of data E
and information. In particular and without limitation, �,
Implementer shall ensure that its SIRP and its business °
practices in performing work on behalf of SCE comply with
California's Information Practices Act of 1977, California Civil
Code §§ 1798.80 et seq., which addresses among other things Q
the provision of notice to SCE or its affiliates, as the case may Di
be, of any breach of the security of SCE Personal Information if
it is reasonably believed to have been acquired by an F
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16.2.2.2 SCE information management and information security
policies and procedures as made available to Implementer from c
time to time ("SCE Policies and Procedures"), including U
without limitation ITS-445 "Standards for Information o
Security Response—Third Parties."
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16.2.3 Implementer Response to Securitv Incident. The following will apply (n
in the event of a Security Incident:
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16.2.3.1 Implementer will submit a Security Incident Report �-
(SIR) to SCE's or its affiliates', as the case may be, IT Help
Desk or IT Operations Center ("ITOC") in accordance with E
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SCE Policies and Procedures including ITS-445, and applicable
*► law. The SIR shall be given promptly upon discovery of an SI rn
and in any event not more than four (4) hours after discovery U-
of a suspected SI, or sooner if required by law, statute or o
regulation. If additional time is required under the
circumstances of the SI to ascertain the nature or extent of the w
SI, to stabilize the Computing System or to ensure the _
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integrity of SCE's or its affiliates', as the case may be, data and
information, then Implementer shall promptly notify SCE or v
its affiliates, as the case may be, in writing of the existence of
an SI initially, and keep SCE or its affiliates, as the case may s
be, informed of developments and new information. o
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16.2.3.2 At SCE's or its affiliates', as the case may be, request,
Implementer will meet with SCE or its affiliates, as the case M
may be, to discuss the cause of the Security Incident,
Implementer's response, lessons learned and potential °c
improvements to Implementer's system security processes and E
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16.2.4 Compromise of SCE Personal Information
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16.2.4.1 Additional SIRP Requirements for Personal °
Information. With respect to any SCE Personal Information in v
the possession or under the control of Implementer, to protect E
SCE Personal Information from unauthorized access,
destruction, use, modification or disclosure, Implementer shall: °
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(a) Develop, implement and maintain reasonable security
procedures and practices appropriate to the nature of the Q
information to protect SCE Personal Information from Di
unauthorized access, destruction, use, modification, or
disclosure. °
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b) Develop, implement and maintain data privacy and L
security programs with administrative, technical, and physical '0
safeguards appropriate to the size and complexity of the L
Implementer's business and the nature and scope of c
Implementer's activities to protect SCE Personal Information ci
from unauthorized access, destruction, use, modification, or o
disclosure.
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16.2.4.2 Notice Requirements for Personal Information. In the vi
event of a Security Incident where SCE Personal Information was, or
is reasonably believed to have been, acquired by an unauthorized z
person, Implementer shall immediately provide the SIR required by U-
Section 16.2.3. Such SIR shall state that SCE Personal Information c
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may be involved, and shall describe the suspected nature of such SCE "'
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16.2.5 SIRP Review. At SCE's or its affiliates', as the case may be, request, o
Implementer shall review the S1RP at least annually with SCE's or its
affiliates', as the case may be, designated representatives to identify updates, M
changes or potential improvements; and a process to document these changes C
within ninety (90) days of any such changes. 0
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16.2.6 Document Retention. Implementer shall maintain all documentation L
relating to Security Incidents, whether in written or electronic form,
including without limitation, their identification, processing and resolution,
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for two (2) years after final resolution of the Security Incident, including the P
final resolution of all claims arising out of the Security Incident. ti
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16.2.7 Indemnification for Security Incidents. Implementer shall, at its own
cost, defend, indemnify and hold harmless SCE, its affiliates, officers, agents,
employees, assigns and successors in interest, from and against any and all
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liability, damages, losses, claims, demands, actions, causes of action, costs, E
including attorney's fees and expense, fines or penalties, or any of them, m
resulting from any Security Incident. Any limitation of liability that may be
in the Contract or Contract shall not apply to this Section 16.2.7.
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16.3 Implementer shall ensure that its employees, agents and contractors that v
perform services for Provider in connection with the Contract are informed of E
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17. CONFLICT OF INTEREST a,
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Implementer affirms that, to the best of its knowledge, there is no actual or potential a
conflict of interest between Implementer, its employees or their families, Subcontractors,
or business interests, and SCE. Implementer shall not hire any SCE employee or
employee's spouse to perform any part of the Work. Implementer further affirms that it CD
has set forth in its proposal for the Work: (i) all situations in which Implementer or an w�
affiliated entity of Implementer has been or currently is an SCE Implementer, contractor, o
or employee; (ii) all situations in which Implementer or an affiliated entity of Implementer
has been or currently is in a joint venture arrangement or licensing relationship with SCE L
(other than an Energy Leader Partnership); and (iii) any affiliated entity to which o
Implementer intends to subcontract any part of the Work. Implementer shall update such c)
affirmations to SCE during performance of the Work within thirty (30) days following any o
change thereto. y
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18. TIME IS OF THE ESSENCE
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Implementer hereby acknowledges that time is of the essence in performing their Z
obligations under this Contract. Failure to comply with milestones and goals stated in this LL
Contract, including but not limited to those set forth in Exhibit A of this Contract, may c
constitute a material breach of this Contract, resulting in its termination, payments being E
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withheld, Implementer Budgets being reduced or adjusted, funding redirected by SCE to
other programs or partners, or other Program modifications as determined by SCE or as a�
directed by the Commission. All Work must be performed and completed by October 15, �-
2012. o
19. IMPLEMENTER DISPUTES w
Any unresolved disputes between Implementer and SCE shall be referred to an SCE
management representative and an officer of Implementer for resolution. Pending v
resolution, Implementer shall continue to perform the Work as directed by the SCE
Representative, and SCE shall continue to make payments for the undisputed items. s
20. RIGHT TO AUDIT !n
SCE and the Commission shall have the right to audit Implementer at any time o
during the term of this Contract and for five (5) years thereafter. An audit may include, 7.
but is not limited to, a review of Implementer's financial records relating to the Work, o
ro am implementation P �' p procedures, program marketing material, program �
implementation documents, field audits of Implementer employees or Subcontractors,
energy efficiency savings provided by the program, funds spent to date, information CD
relating to the substantiation of program expenditures, incentives paid to date, customers m
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given incentives to date, lists of employees and respective duties, lists of Subcontractors
and their respective responsibilities or service provided. o
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SCE may, in its sole discretion and at anytime, request information or data relating to E
the program, Work or this Contract, and Implementer shall provide such information in `L°
the format and within the time requested by SCE. Nothing in this provision shall limit the °
type, format or frequency of such requests by SCE. a.I
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21.MODIFICATIONS
Except as otherwise provided in this Contract, changes to this Contract shall be only be
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valid through a written amendment/Change Order to this Contract signed by both Parties.
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22. TERM w
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This Contract shall be effective as of the Effective Date. Unless otherwise terminated
in accordance with the provisions of Section 23 below, this Contract shall terminate at
midnight November 31, 2012; provided however, that all Work and services shall be U
completed by the dates specified in the Statement of Work. o
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23. TERMINATION OR CANCELLATION Ui
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23.1. CPUC Authority To Modify The Work and program under which the Work is u-
authorized herein shall at all times be subject to the discretion of the California o
Public Utilities Commission (CPUC), including, but not limited to, review and
modifications, excusing performance hereunder, or termination as the CPUC may
direct from time to time in the reasonable exercise of its jurisdiction.
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23.2. Termination for Convenience: Notwithstanding any other provisions of the ci
Contract, SCE shall have the unilateral right to terminate the Work, or any portion i
thereof, or the Contract by the issuance of a Change Order, which shall not require
Implementer's acceptance.
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Subject to the provisions of Section 23.3 and 23.4 hereof, SCE shall pay
Implementer the termination charges set forth in the Contract prorated to 0
the effective date of termination. If termination charges are not set forth
in the Contract, SCE shall complete the payments for all Work accepted by o
SCE. SCE, at its option, may take possession of any Material paid for by
SCE. The provisions of this Section 23.2 shall be Implementer's sole
remedy resulting from such termination.
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23.3. Cancellation for Default. In the event of (i) the breach of or failure of
sImplementer to perform any of its material obligations under the Contract U)
including, but not limited to, failure to complete the Work on time or failure to °
make satisfactory progress or persistent failure to pay labor and material claims; v
(ii) the failure of Implementer to give SCE adequate assurance of performance
within ten working days after written demand by SCE therefore when reasonable
grounds for insecurity arise; or (iii) the insolvency, bankruptcy or receivership of °
Implementer, then SCE may(a) withhold payment of any further monies which may .I
be due Implementer until such condition is cured, and/or (b) declare Implementer to
be in default of the Contract and notify Implementer in writing of such declaration `a)
and shall be entitled to cancel the Contract in whole or in part effective immediately D�
upon written notice thereof. Any cancellation pursuant to this Section 23.3 shall not
be deemed a "termination"for the purposes of Section 23.2 hereof
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In the event of such cancellation, Implementer shall immediately stop Work and o
surrender to SCE's possession, complete and incomplete Documentation and other
Information, Material, control and use of the Jobsite and all Implementer and SCE-
owned equipment, facilities, and all other items which SCE may deem necessary or o
appropriate until the Work is completed. Implementer shall assign to SCE the v
outstanding subcontracts and Contracts as requested by the SCE Representative for °
such completion. SCE shall have the right to provide, or contract for, all additional w
labor, Material, and any other items which it may deem necessary to complete the v
Work. cn
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If the total of all expenses incurred by SCE to complete the Work is greater than the a
sum which would have been payable under the Contract if Implementer had U_
completed the Work, the difference shall constitute a claim against Implementer.
Such claim shall be due and payable within ten working days after presentation of E
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the claim. Additionally, SCE shall have the right to pursue other remedies afforded
by law. a,
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23.4 Delivery of Materials: Without limiting the effect of the provisions of �°,
Sections 15 and 23.3 hereof, upon receipt of notice of termination or
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cancellation under this Section 23, Implementer shall immediately deliver to
SCE all complete and incomplete Documentation, and all Material. If, at the c
time of termination or cancellation further sums are due Implementer,
Implementer shall not be entitled to the sums until all Documentation and
all Material required to be delivered to SCE are delivered.
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23.5 Cessation of Work: Upon receipt of notice of termination or cancellation for
any reason, Implementer shall promptly cease all Work except for additional con
Work that SCE may, in its discretion, request Implementer to perform.
Additional Work shall be performed in compliance with the terms of the
Contract.
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24.WRITTEN NOTICES
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Any written notice, demand or request required or authorized in connection with this °i
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Contract, shall be deemed properly given if delivered in person or sent by facsimile,
nationally recognized overnight courier, or first class mail, postage prepaid, to the address U)
specified below, or to another address specified in writing by a Party as follows: o
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Implementer SCE:
City of San Bernardino Southern California Edison
Nadeem Majaj Scot Mann o
300 N. D Street 1515 Walnut Grove Ave 2C3-02 a.
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San Bernardino, CA 92418 Rosemead, CA 91770 -0
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Notices shall be deemed received (a) if personally or hand-delivered, upon the date of w
delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or
otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business °
Days after the date the notice is postmarked; (c) if by facsimile, upon electronic
confirmation of transmission, followed by telephone notification of transmission by the
noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the L)
overnight courier within the time limits set by that courier for next-day delivery. o
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25. INDEPENDENT CONTRACTOR
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Implementer is and will perform the work as an independent contractor for SCE. o
Nothing in this Contract shall be construed so as to render Implementer an employee,
agent, representative, joint venturer or partner of SCE for purposes of carrying out this
Contract. Implementer shall not enter into any contracts, agreements or other obligations L
with any other parties which bind, or are intended to bind, SCE without first receiving °
express written authorization from SCE. SCE and Implementer shall each maintain sole
and exclusive control over its respective personnel and operations. E
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26. BENEFIT TO SCE CUSTOMERS
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Ratepayer funded programs must directly benefit customers in the service territory
from which the funds are collected. The energy efficiency program implemented pursuant
to this Purchase Order is funded in whole or in part by funds collected from SCE's
customers for public purpose programs, and therefore must directly benefit SCE's
customers. PGC Funds are defined as those certain funds collected from electric utility
ratepayers pursuant to Section 381 of the California Public Utilities Code for public
purpose programs, including ener gy efficiency programs approved by the CPUC.
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27. ENVIRONMENTAL, HEALTH & SAFETY REQUIREMENTS
The "Southern California Edison ENVIRONMENTAL, HEALTH & SAFETY
HANDBOOK FOR CONTRACTORS", dated January 10, 2010, is hereby incorporated by v
reference into this Contract. Implementer shall immediately notify the SCE Representative E
if Implementer is unable to meet ANY of the requirements set forth therein. SCE may o
cancel this Contract if Implementer fails to meet the requirements set forth in this a
Handbook. Such cancellation shall not be deemed a termination under the termination (D
provisions of this Contract.
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28. NON-DISCRIMINATION CLAUSE
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No Party shall unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed, w
national origin, physical disability (including HIV and AIDS), mental disability, medical 0
condition (cancer), age (over 40), marital status, and denial of family care leave. Each Party r
shall ensure that the evaluation and treatment of its employees and applicants for L
employment are free from such discrimination and harassment, and shall comply with the o
provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a)- v
(f) et seq.) and the applicable regulations promulgated thereunder (California Code of 0
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair a
Employment and Housing Commission implementing Government Code Section 12990 (a)- w
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(f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Contract by reference and made a part hereof as if set forth in full.
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Each Party represents and warrants that it shall include the substance of the
nondiscrimination and compliance provisions of this clause in all subcontracts for its Work
obligations. E
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29. NON-DISCRIMINATION CLAUSE FL
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None of the provisions of this Contract shall be considered waived by either Party
unless such waiver is specifically stated in writing. w
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30.ASSIGNMENT
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No Party shall assign this Contract or any part or interest thereof, without the prior
written consent of the other Party, and any assignment without such consent shall be void
and of no effect. Notwithstanding the foregoing, if SCE is requested or required by the o
Commission to assign its rights and/or delegate its duties hereunder, in whole or in part,
such assignment or delegation shall not require Implementer's consent and SCE shall be r•
released from all obligations hereunder arising after the effective date of such assignment,
both as principal and as surety.
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31. SEVERABILITY
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In the event that any of the terms, covenants or conditions of this Contract, or the m
application of any such term, covenant or condition, shall be held invalid as to any person Ca
or circumstance by any court, regulatory agency, or other regulatory body having 4-
jurisdiction, all other terms, covenants, or conditions of this Contract and their application �°,
shall not be affected thereby, but shall remain in full force and effect, unless a court, v
regulatory agency, or other regulatory body holds that the provisions are not separable E
from all other provisions of this Contract.
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32. GOVERNING LAW;VENUE
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This Contract shall be interpreted, governed, and construed under the laws of the State a
of California as if executed and to be performed wholly within the State of California. Any
action brought to enforce or interpret this Contract shall be filed in Los Angeles County,
California.
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33. SECTION HEADINGS L'
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Section headings appearing in this Contract are for convenience only and shall not be L
construed as interpretations of text.
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34. SURVIVAL o
Notwithstanding completion or termination of this Contract, the Parties shall continue w
to be bound by the provisions of this Contract which by their nature survive such uvi
completion or termination. J
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35.ATTORNEYS' FEES rn
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Except as otherwise provided herein, in the event of any legal action or other N
proceeding between the Parties arising out of this Contract or the transactions
contemplated herein, each Party in such legal action or proceeding shall bear its own costs J
and expenses incurred therein, including reasonable attorneys' fees. L
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36. PRIOR WORK. v
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In the event that Implementer performs any Work authorized by SCE but prior to the w
execution of this Contract, then such prior Work shall be considered performed subject to 0
the provisions of this Contract.
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37. ENTIRE AGREEMENT co
This Contract (including all of the Exhibits and attachments hereto which are
incorporated into this Contract by reference) contains the entire agreement and
understanding between the Parties with respect to the Program and merges and =
supersedes all prior agreements, representations and discussions pertaining to the subject m
matter of this Contract.
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38. COUNTERPARTS. ;,
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This Contract may be executed in one or more counterparts, each of which shall be E
deemed to be an original, but all of which together shall be deemed to be one and the same a,
instrument. 0 L
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[SIGNATURE PAGE FOLLOWS]:
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SIGNATURE PAGE r
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IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed
by their duly authorized representatives. w ca
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IMPLEMENTER
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City of San Bernardino Approved to Form: t
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By: Charles McNeely By: James F. Penman M
Title: City Manager Title: City Attorney
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SCE: E
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SOUTHERN CALIFORNIA EDISON
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By: Erwin Furukawa E
Title: Senior Vice President,
Customer Service
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EXHIBIT A w
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STATEMENT OF WORK (,with Appendices A-C) "-
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TABLE OF CONTENTS
SECTION 1 PROGRAM DESCRIPTION 2 "'
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SECTION2: OBJECTIVES..............................................................................................................4 t
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SECTION 3' GENERAL REQUIREMENTS 4 LL
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SECTION 4' SCHEDULE OR TASKS DELAYS 5 N
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SECTION 5: STATEMENT OF WORK..............................................................................................5 f°
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Task1 -Program Ramp-up................................................................................................................5 0
Task2- Strategic Plan Goal 1............................................................................................................6 v
Task 2—Develop and Implement an On-line Building Permitting Process...................................6
Task 3 - Strategic Plan Goal 1............................................................................................................8 0
Task 3—Develop and Deliver Stakeholder Education Program....................................................8
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Task 4- Strategic Plan Goal 3.......................................................................................................... 11 r°>
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Task 4—Develop and Adopt Energy Benchmarking Policy........................................................ 11
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Task5 - Strategic Plan Goal 3.......................................................................................................... 13 Z
Task 5—Identify,Purchase,and Install Utility Manager Software to Track Energy
Consumption of Municipal Buildings Operated by City San Bernardino.................................... 13
Task6-Strategic Plan Goal 3.......................................................................................................... 17
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Task 6—Develop and Adopt a Retro-commissioning RCx)Policy
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Task7—Invoicing and Reporting.................................................................................................... 19 >
Task 8 -Ramp-Down and Shut-Down Program..............................................................................20 0
Task 9 - Submit Final Program Report.............................................................................................21 0
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SECTION6: PAYMENT...............................................................................................................21
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SECTION 7: PERFORMANCE INDICATORS
Appendix A: Monthly Invoicing and Reporting Requirements ...................................................24 0
Appendix B: Regulatory Reporting Requirements.......................................................................26
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Appendix C: Billing Schedule......................................................................................................31
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TABLES
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Table 1: Implementer T&M Fully Burdened Hourly Billing Rate.......................................................22 r
Table 2: Implementer's Budget Breakdown.........................................................................................23 v
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Statement of Work
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PROGRAM IMPLEMENTER:CITY OF SAN BERNARDINO
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PROGRAM NAME: SAN BERNARDINO ENERGY EFFICIENCY&TECHNOLOGY UPGRADE _
PROGRAM O
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PROGRAM BUDGET: $513,600 m
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SECTION 1:PROGRAM DESCRIPTION
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A. Program Background: Pursuant to Decision 09-09-047,the CPUC authorized Southern
California Edison("SCE")to conduct strategic plan activities centered on energy p
efficiency and addressing the"Big, Bold" strategies and related local government goals
found in the CPUC's California's Long-Term Energy Efficiency Strategic Plan M
(110EESP")1. Based on this authorization, SCE conducted a solicitation seeking to fund
activities that would lead to long-term, sustainable changes as opposed to supporting Q
staffing resources or short-term initiatives that would cease to exist once the funding had LL
ended.
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One of the selected programs in this solicitation is the City of San Bernardino's Strategic
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Plan Strategies(the"Program"). Through the Program,the City of San Bernardino °i
("Implementer")will integrate energy efficiency and conservation efforts throughout the N
city's operations to address Strategic Goals 1 and 3 of the California Energy Commission
Additionally,this integrated Program will enable the city to establish policies and �
programs that achieve cost savings through the implementation of energy efficiency o
projects,while serving as a model to other communities in the region.
The Implementer will perform the tasks required in order to meet the objectives of the
CEESP while utilizing the following CEESP Goals: o
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• Strategic Plan Goal 1: Local governments lead adoption and implementation of c
"reach" codes stronger than Title 24 on both mandatory and voluntary basis; m
• Strategic Plan Goal 3: Local governments lead by example with their own facilities c
and energy usage practices; and w
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B. Defined Terms: Capitalized terms not otherwise defined in this Statement of Work
("SOW")will have the meaning ascribed to them in the Contract,which is attached to the E
SOW and incorporated herein by reference.
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Please go to www.califomiaenergvefficiency.com for a copy of the CEESP.
Southern California Edison Company Page: 2
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1. Business Day: The period from one midnight to the following midnight, excluding
Saturdays, Sundays, and holidays.
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2. Calendar Day: The period from one midnight to the following midnight, including s
Saturdays, Sundays, and holidays.
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3. Change Order: Document SCE issues to Implementer and, unless otherwise y
provided in the Contract, Implementer accepts, and which changes or modifies the "j
terms of the Contract. _
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4. Contract: Document issued by SCE to facilitate payment to the Implementer for the L)
Work described herein and the terms and conditions that will govern the Work to be
performed.
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5. Contract Program Manager or CPM: The SCE Representative who will manage
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the Program.
6. Core Functioning Facility: Any municipal facility larger than 2,000 square feet with Q
uses by the municipal government office buildings (e.g., city hall, fire department,
police department, libraries, etc.),but does not include parks and other recreational vJi
facilities.
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7. CPUC: The California Public Utilities Commission. of
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8. Implementer: The City of San Bernardino Y
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9. Month or Monthly: A term ending on the last Calendar Day of each Month. 3:
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10. Other Municipal Facilities: Other municipal facilities with an SCE electric service
account not included as a Core Functioning Facility, e.g., traffic control facilities,
outdoor recreational facilities, potable water distribution plants and equipment, U)
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sewage accounts, storm water pumps, etc. _
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11. Performance Indicators: Specific,measureable, actionable, realistic and time-
specific requirements that will directly and measurably contribute to SCE's business m
goals for the Contract. co
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12. SCE Representative: The CPM or such other representative authorized by SCE to v
manage this Program.
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13. Subcontractor: An entity contracting directly or indirectly with Implementer to
furnish services or materials as part of or directly related to Implementer's Work.
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14.Title 24: California Code of Regulations (CCR),Title 24, also known as the
California Building Standards Code (composed of 12 parts). Title 24,Part 6 sets forth
California's energy efficiency standards for residential and nonresidential buildings Ui
and was established in 1978 in response to a legislative mandate to reduce LM
California's energy consumption. The standards are updated periodically to allow U_
consideration and possible incorporation of new energy efficiency technologies and o
methods. Title 24, Part 6 is the focus of the Work under this Purchase Order. w
15.Work: Any and all obligations of Implementer to be performed for the Partnership o
pursuant to and during the term of the Agreement, any revision to the Contract, or a
subsequent Contract or Contract Addendum incorporating this Statement of Work.
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The Work will include,but may not be limited to, the tasks described in Section 5 of s
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SECTION 2: OBJECTIVES ti
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Through the Program, the Implementer will build a strong case for local government energy
efficiency policies that result in a healthier, cleaner environment for the City of San z
Bernardino. These policies will serve as link between the CEESP and the City of San J
Bernardino. Through the Program,the Implementer will deliver a comprehensive and `n
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integrated package of polices and systems that include the following elements: N
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1. Develop and implement an on-line building permitting process; oN
2. Develop and deliver stakeholder education program; c
3. Develop and adopt an energy benchmarking policy; o
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4. Identify,purchase, and install utility manager software to track energy 43)
consumption of municipal buildings operated by the City San Bernardino; and M
5. Develop and adopt a retro-commissioning(RCx)policy. a
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SECTION 3: GENERAL REQUIREMENTS CD
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A. Notice to Proceed ("NTP"): Implementer may start Work only upon the occurrence of Cn
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each of the following: ;,
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A. Implementer receives the Contract;
B. Implementer provides to the CPM a signed acknowledgement form of the Contract;
and
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C. CPM provides to Implementer written approval to proceed.
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B. Goals: The primary goal of the Program is to achieve the Objectives and Performance
Indicators set forth herein, in the time frame herein. SCE will regularly review the
implementation schedule (milestones, delivery dates, etc.) contained herein against actual 6
Work performed by Implementer to assess the Program's progress.
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SECTION 4: SCHEDULE OR TASKS DELAYS o
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If the schedule or a task(including achievement of goals as outlined herein) is delayed for w
any reason, Implementer has the responsibility to notify the CPM in writing within thirty(30)
Business Days. SCE may accept the delay, allow time for the remedy of the delay,reduce 0
both the budget and the Work, or terminate the Contract within thirty(30) Business Days
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following receipt of any written notice of delay from Implementer. a,
SECTION 5: STATEMENT OF WORK 0
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The Work for each of the CEESP goals and associated tasks are described herein: M
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Task 1 - Program Ramp-up Q
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A. Attend Program Kick-off Meeting: Implementer's representative(s)will attend a half-
day Program kick-off meeting with the CPM to discuss Program logistics,marketing `n
coordination, evaluation, monitoring and verification coordination, invoicing
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requirements, scope of Work, and any remaining Contract issues at an SCE -designated of
location. N
Implementer's representative will attend the Program kick-off meeting at a time and °
place to be determined by SCE after the issuance of the NTP. o
To avoid duplication and unnecessary expenditures, the CPM will provide information E
and guidance regarding currently available resources (e.g., available training programs,
reach building codes,templates,utility manager software resource guide, etc.) to be used o
by the Implementer in assessing pre-existing resources. This will enable the Implementer
to focus efforts on the areas in each task where any gaps may exist. c
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B. Program Data,Invoicing, and Reporting Tool Training: The Implementer will attend
a half-day workshop (Webcast)that provides training on the use of SCE invoicing and T
reporting tool ("IR Tool"). The Implementer will attend IR Tool training at a time and
place to be determined by SCE after the issuance of the NTP.
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Deliverable(s) Due Date(s) t
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1. Attend a half-day Program Kick-off Determined by SCE after the issuance of Q
Meeting the NTP.
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2. Attend a half-day IR Tool training session Determined by SCE after the issuance of
and ongoing IR Tool update training. the NTP or notification of IR Tool
program changes.
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3. Delivery flat files(first draft)to CPM for IR Tool training plus 5 Calendar Days.
review and approval.
4. Delivery of flat files(final draft)to CPM for IR Tool training plus 10 Calendar Days. o
review and approval.
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Task 2 - Strategic Plan Goal 1 i
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Strategic Plan Goal 1:Local governments lead adoption and implementation of"reach" v
codes stronger than Title 24 on both mandatory and voluntary basis. L
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• Task 2 (Strategic Plan Task 1.1.5): Develop and adopt programs to encourage energy 3
efficiency such as one-stop permitting, on-line permitting, separate Zero Net Energy in
permit processes, density bonuses, or a recognition program. ti
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Task 2—Develop and Implement an On-line Building Permitting Process
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Implementer will design or procure and implement an energy efficiency project on-line z_
buildin g P ermit process to promote energy efficiency in new project permits within the City
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of San Bernardino. The process will be designed to streamline processing for customers N
incorporating energy efficiency elements in the construction process as well as provide a N
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means for tracking energy efficiency projects by the Implementer. of
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Both the on-line permit system and permit staff will promote expanded energy efficiency >
measures, including whole building approaches to new construction. The website and 0
email/on-line communication with customers will include references to investor owned 4.
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utilities' ("IOUs")programs and recommend additional energy efficiency measures and
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whole building approaches. E
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A. Report on Status of Implementer or Subcontractor to Support the Task: U)
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Implementer will submit Monthly reports on the status of hiring expertise to complete
the activities in this task. M
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B. Assessment and Planning Report for the On-Line Permitting System - Evaluate m
online permit system for compatibility and integration with existing system. The in
Implementer review online permitting processes and systems of other local 0,
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governments to gain insight from their experience. As part of this assessment and v
planning report, Implementer will also provide:
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• The technical specifications for on-line permitting system, including any required
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interfaces; a
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• Policy statement that describes the functionality of the on-line permitting service,
required resources and timeline for completion;
• Detailed description of on-line permitting system to the CPM. The CPM will validate s
the connections between the permitting process and SCE's incentive programs; and LL
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• Approach to be used to assess the effectiveness of the on-line permitting system.
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The assessment and planning report for the on-line permitting system will also include a
discussion of sustainability for the Program after SCE funds are expended. The report
will also include a list of all non-SCE funding sources and amount funded by each non- L)
SCE source required to complete this task. A contingency plan will also be included if
unexpected delays or shortfalls occur in receiving non-SCE funding. E
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C. Review Documents Developed During Program Implementation—Implementer shall
include evidence of a live, fully functional on-line permitting system and outreach M
material. Implementer may also include an invoice for software purchase, agreement for
use of software,updated procedures and training plan for city staff, and website Q
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supporting Program. �-
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D. Monthly Reports on Outreach and Education Efforts—Implementer shall include a
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' list of all stakeholder meetings,workshops, etc.; list of all attendees and contact info by c
workshop; and discussion on how input was used in refining the on-line permitting o�
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process. �
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E. Promotion of Energy Efficiency in New Construction: Implementer will prepare a �
Program that promotes energy efficiency during the permitting process. Implementer o
will submit the Program to its city council for adoption. If the Program is adopted,
Implementer will submit to the CPM the date the Program will be implemented. If the
Program is rejected, Implementer will submit a memorandum to the CPM explaining the in
reasons for rejection and alternate plans.
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F. Plan for Sharing Lessons Learned/Best Practices with Other Local Governments:
Implementer will prepare a report describing lessons learned and their understanding of m
best practices experienced during the development of the on-line permitting system. Cn
Implementer will submit a plan for sharing this report with other local governments. o
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G. Assess Value and Benefits on On-line Permitting System: The Implementer will assess
the value and benefits of the Program through tracking of community-wide energy
efficiency projects and evaluate impact of voluntary actions towards "reach"energy
efficiency activities above Title 24, in conjunction with SCE. Implementer shall include Q
an analysis of energy efficiency measures that were installed due to the on-line permitting
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system. Such an analysis could comprise an analysis of types of measures installed
before and after the system was installed.
H. Monthly Status Report: Implementer will provide a Monthly report of all on-going
activities including a list of Monthly achievements and outstanding issues. 9
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Implementer will provide all materials developed under this task to the CPM for review 0
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and comment. w
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Deliverable(s) Due Date(s) ,°
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1. Report on status of Implementer or v
Subcontractor to support the task NTP plus 90 Calendar Days L
2. Assessment and planning report for the on-line
permitting system NTP plus 2 Months 0
3. Assessment and planning report for the c
development of a Program that encourages NTP plus 5 Months M
Energy Efficiency J
4. Review documents developed during Program z
implementation NTP plus 6 Months FZ
5. Monthly reports on outreach and education
efforts Monthly with Invoicing Requirements
6. Plan for sharing lessons learned/best practices c
NTP plus 6 Months c�
with other local governments. N
7. Submit Program that promotes Energy
Efficiency to City Council for adoption NTP plus 12 Months o
8. Monthly reports of tracked Performance Monthly with Invoicing Requirements o
Indicators (see Task 7) _
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Task 3 -Strategic Plan Goal 1 0
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Strategic Plan Goal 1: Local governments lead adoption and implementation of"reach" c
codes stronger than Title 24 on both mandatory and voluntary bases. m
• Task 3 (Strategic Plan Task 1.1.6): Develop educational programs for local elected
officials,building officials, commissioners, and stakeholders to improve adoption of
energy efficiency codes, ordinances, standards, guidelines and programs. U
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Task 3—Develop and Deliver Stakeholder Education Program
Implementer will plan and deliver energy efficiency workshops for elected officials,
building commissioners,planning officials, and other city employees for the purposes of Q
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promoting the implementation of programs and policies that encourage and accelerate the
development and adoption of energy efficiency projects in the City of San Bernardino.
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A. Report on Status of Implementer or Subcontractor to Support the Task: L
Implementer will submit Monthly reports on the status of hiring expertise to provide to
complete the activities in this task. _
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B. Assessment and Planning Report for Stakeholder Energy Efficiency Education w
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Program: Implementer will review other stakeholder energy efficiency education L
offerings delivered by other local governments and NGOs to gain insights from their
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experience in planning and delivering of this nature. As part of this assessment and v
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planning report, Implementer will also provide: d
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• The number of workshops to be offered; in
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• The site selection criteria and potential dates for each workshop to be presented; M
• An draft agenda of potential topics to be covered; J
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• A list of appropriate and recognized energy efficiency experts as potential speakers
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for each module of instruction;
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• A list of potential attendees by position and city organization;
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• A list of required presentation materials to be provided to attendees; and >
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• A strategy for a follow-up evaluation for determining workshop value to participants 3:
and for sharing of best practices. w
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Implementer will provide the assessment and planning report to the CPM for review and
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comment. W
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The stakeholder energy efficiency education assessment and planning report will include a
a discussion of sustainability for the Program after SCE funds are expended. The report E
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will also include a list of all non-SCE funding sources and amount funded by each non- 00
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SCE source required to complete this task. A contingency plan will also be included if
unexpected delays or shortfalls occur in receiving non-SCE funding. c
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C. Energy Efficiency Workshop Implementation: Based on the results of the assessment
and planning effort, Implementer will host a one-day regional energy efficiency at a site E
and date determined to maximize, as much as possible, attendance by key officials from
the City of San Bernardino. Topics to be presented include, but not limited to, the a
following:
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• Energy efficiency and green house gas ("GHG") reduction in California
•Overview of how utilities operate and make money
•AB 32 Ln
•CPUC Long-Term Energy Efficiency Strategic Plan T
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• An overview of key buzzwords and how they interact with each other o
•Energy efficiency W
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•GHG reductions c
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•Sustainability
•Climate Action Plan/Energy Action Plan c
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•Key energy players in California: utilities, CEC, CPUC, CARB, US Department of
Energy, Environmental Protection Agency N
•Title 24
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• San Bernardino 's response to energy efficiency and GHG reductions
•Results of GHG baseline inventory a
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•City's Green Element
•SCE Partnership Program co
•Code compliance N
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• The role of local government in reduction of GHGs cI
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•City's energy saving and GHG reduction goals >
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•Review of code compliance enforcement °
• "Hands-on" instruction o
•City's Plan Check Counter
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•A pre-sale inspection w
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•An audit of one of our municipal buildings c°
•Tour of Southern California Edison's CTAC (if practical).
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D. Assess Value and Benefits of the Energy Efficiency Workshop: The Implementer will m
assess the value and benefits of the Program through a follow-up evaluation survey of a
participants. The follow-up survey should assess participant understanding of the c
importance of energy efficiency policies and programs in meeting the goals of their
respective community both before and after the summit. v
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E. Plan for Sharing Lessons Learned/Best Practices With Other Local Governments: _
Implementer will prepare a report describing lessons learned and their understanding of
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best practices experienced during the planning, marketing, and hosting of the energy a
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efficiency summit. Implementer will submit a plan for sharing this report with other local
governments.
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F. Monthly Status Report: Implementer will provide a Monthly report of all on-going s
activities including a list of Monthly achievements and outstanding issues.
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Implementer will provide all materials developed under this task to CPM for review and y
comment. w
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Deliverable(s) Due Date(s) ,o
1. Report on status of Implementer or �j
NTP plus 30 Calendar Days
Subcontractor to support the task =
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2. Assessment and planning report for hosting a NTP plus 90 Calendar Days
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regional energy efficiency summit 0
3. Energy efficiency summit implementation NTP plus 10 Months ti
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4. Assess value and benefits of the energy NTP plus 12 Months
efficiency summit
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5. Plan for sharing lessons learned/best practices NTP plus 12 Months Z
with other local governments
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6. Deliver Monthly reports from tracking system Monthly with Invoicing Requirements
(see Task 7)
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Task 4 - Strategic Plan Goal 3 N
Strategic Plan Goal 3: Local governments lead by example with their own facilities and 0
energy usage practices. :
• Task 4 (Strategic Plan Task 3.1.1): Develop energy benchmarking policies and
procedures to enable ongoing benchmarking of all local government facilities.
Task 4—Develop and Adopt Energy Benchmarking Policy o
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The Implementer will develop a benchmarking policy and quantify the impact of various
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energy-saving programs, policies, and procedures undertaken by the Implementer. The m
Implementer will share the results of this task by disseminating a menu of quantified energy-
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saving programs,benchmarking policies, or procedures to other communities and facility —
managers. Implementer will also develop presentations to disseminate the benchmarking r
policies and analysis to other groups. v
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A. Report on Status of Implementer or Subcontractor to Support the Task: s
Implementer will submit Monthly reports on the status of hiring expertise to complete the
Q
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benchmarking policy and quantify impact of energy-saving programs undertaken by the
City of San Bernardino.
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B. Assessment and Planning Report for Developing the Benchmarking Policy and =
Quantifying the Impact of Energy-Savings Programs: Implementer will assess
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existing benchmarking policies,procedures and resources. Implementer will develop a o
benchmarking policy development plan based on the assessment. Implementer will also
provide an outline on the analysis of the benchmarking results and describe the
methodology to calculate energy savings and estimated return on investments for the o
installation of cost-effective energy efficiency measures. Implementer will also provide a
timeline and determine the frequency of quantifying the impact of energy savings
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programs.
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The benchmarking policy assessment and planning report will also include a discussion
of sustainability for the Program after SCE funds are expended. The report will also 0
include a list of all non-SCE funding sources and amount funded by each non-SCE
source required to complete this task. A contingency plan will also be included if
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unexpected delays or shortfalls occur in receiving non-SCE funding. Z
C. Report on the Implementation of Quantifying the Impact of Energy-Savings V_
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Programs: Implementer will analyze the validated data from the energy tracking N
software,benchmark results. Implementer will develop estimated return on investments o�
for installing cost-effective measures,which are under consideration for all buildings N
analyzed. Implementer will also document any changes in policies, procedures or actions
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taken resulting from the analysis, and quantify the energy savings impacts resulting from 0
the changes. o
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D. Draft and Final Benchmarking Policy: Using the CPM-reviewed benchmarking d
development plan, Implementer will establish a benchmarking policy for all municipal r
buildings. The benchmarking policy will describe the systematic process to efficiently o
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conduct the benchmarking,the frequency of updating the data and the process to assure 'v
the data is integrated into Implementer's operational decisions. The benchmarking policy c
will also include the process for how benchmarking will be used to promote energy m
efficiency. Implementer will provide both the draft and final benchmarking policy to the ccn
CPM. �-
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E. Report on Benchmarking Outreach Activities: Implementer will also describe all v
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outreach activities undertaken in disseminating the benchmarking policy and analysis d
results, and provide copies of all presentations.
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F. Monthly Status Report: Implementer will provide a Monthly report of all on-going Q
activities including a list of monthly achievements and outstanding issues.
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Implementer will provide all materials developed under this task to the CPM for review
and comment.
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Deliverable(s) Due Date(s)
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1. Report on status of Implementer or Monthly with Invoicing U.
Subcontractor to support the task Requirements(see Task 7) N
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2. Assessment and planning report for both NTP plus 60 Calendar Days
developing the benchmarking policy and
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quantifying the impact of energy-savings
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programs
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3. Report on the implementation of Based on timeline developed in c
quantifying the impact of energy-savings Task 6.13 with Invoicing
programs Requirements(see Task 7)
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4. Draft and final benchmarking policy Draft policy to be completed by
NTP plus 8 Months; final policy to z
be completed by NTP plus 10
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Months with Invoicing
Requirements N
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5. Report on benchmarking outreach activities Monthly with Invoicing °
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Requirements(see Task 7)
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6. Monthly status report Monthly with Invoicing �
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Requirements(see Task 7) _
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Task 5 - Strategic Plan Goal 3 °c
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Strategic Plan Goal 3: Local governments lead by example with their own facilities and c
energy usage practices. m
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• Task 5 (Strategic Plan Task 3.1.2): Set up a `utility manager' computer program to
track municipal usage. Identify need for sub-metering to plan,budget and manage 0
bills. w
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Task 5—Identify, Purchase, and Install Utility Manager Software to Track Energy
Consumption of Municipal Buildings Operated by City San Bernardino E
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The Implementer will facilitate the procurement of the right to use utility manager software a
adequate to meet the needs of City of San Bernardino. Implementer will procure all required
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software purchases and activities to make the utility manager functional for tracking
municipal energy usage. The utility manager will enable Implementer to access facility
energy consumption, archive billing data, and report and analyze energy consumption data L6
via the Internet.
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A. Report on Status of Implementer or Subcontractor to Support the Task: o
Implementer will submit Monthly reports on the status of hiring expertise to install the
utility manager software.
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B. Utility Manager Software Planning Report: To facilitate the successful `-
71
implementation of the Work,the CPM will provide the Implementer a utility manager
resource guide at the kick-off meeting. The Implementer will assess commercially
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available utility manager software programs to determine which program will best meet o
the needs of the city. Implementer will identify the software program selected to
perform the utility manager functions and the selection rationale. The utility manager o
software planning report will contain sufficient information to guide the utility manager
software installation, including documentation of the existing hardware capability, a Q
determination of whether each facility has the existing capability to run the utility ?
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manager software, and recommendations of any necessary hardware purchases. The 11
utility manager software planning report will also include the following sections:
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• A utility manager software procurement plan, including the procurement of the of
required networking software capability: N
• A data acquisition and data transfer plan into the utility manager software; 0
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• Identification of the sub-metering data requirements; c
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• An utility manager software testing plan;
• A training plan including documentation on the effectiveness of the training for the 0
appropriate city personnel;
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• An utility manager software sustainability plan that shows how the use of the m
software will continue after 2012; and
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• A detailed description of the roles and responsibilities for the Implementer, city r
personnel, and the utility manager software provider.
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The Implementer will work with all parties to develop the utility manager software E
planning report, and will incorporate comments from relevant city stakeholders and the w
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utility manager software provider,before submitting the utility manager software Q
planning report to the CPM for review.
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The utility manager software planning report will also include a discussion of
sustainability for the Program after SCE funds are expended. The report will also include
a list of all non-SCE funding sources and amount funded by each non-SCE source
required to complete this task. A contingency plan will also be included if unexpected
delays or shortfalls occur in receiving non-SCE funding. U_
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C. Procurement of Utility Manager Software: Based on the utility manager software a
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planning report, Implementer will work with the vendor to obtain detailed cost
specifications for the procurement of the right to use the utility manager software, and to 0
develop utility manager software access agreement(s) to be executed by the vendor and
the City of San Bernardino. The utility manager software access agreement(s)will
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specify the terms and conditions for purchasing the rights to use the utility manager s
software,transferring data into utility manager software, and maintaining utility manager o
software. The utility manager software access agreement will also include a complete
description of the responsibilities for all parties. Implementer will facilitate the execution M
of the utility manager software access agreements by the vendor and the City of San 77-
Bernardino. The City of San Bernardino must sign the utility manager software access Q
agreement before receiving any additional Program services. The utility manager LL
software access agreement may be executed at any time prior to April 1,2012.
Implementer will provide executed copies of the utility manager software access
agreements to the CPM. o
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D. Report on Utility Manager software Installation: After the utility manager software N
access agreement has been executed, all activities required to make the utility manager
software database functional for the City of San Bernardino can proceed. Installation �
activities include but are not limited to the following: o
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• Procure utility manager software and the required networking software capability; z
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• Procure sub-metering capability, as needed;2 0
• Modifying software technology so that individual municipal buildings and city's staff
have appropriate on-line access;3 m
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z Cost of networking the software is allowed if the expense has demonstrated value in meeting the CEESP U
strategic menu objectives and the expense is attributed to establishing the utility manager software.Cost of sub-
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metering is only allowed to acquire the energy usage for an entire building that is part of a campus-type facility 0
served by a single electric meter.
3 Cost of networking the software is allowed if the expense has demonstrated value in meeting the CEESP
strategic menu objectives and the expense is attributed to establishing the utility manager software.Cost of sub- Q
metering is only allowed to acquire the energy usage for an entire building that is part of a campus-type facility
served by a single electric meter.
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• Training appropriate city staff on all aspects of data base operations including: set-up,
data transfer, data storage and utility manager software maintenance;
• Obtaining and transferring to the data base, all relevant facility information;
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• Acquiring from SCE billing data and consumption data from existing sources; a
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• Testing the database through the submission of initial data and implementing any w
required modifications; and
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• Generating periodic reports on energy usage. v
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Implementer will provide status reports to the CPM on all utility manager software
installation activities, and monthly reports from the utility manager software system. o
E. Report of Utility Manager Training Program Report and Maintenance Activities: c
Implementer will train appropriate city personnel on energy analyses techniques and
develop an implementation plan for utility manager software monitoring and JQ
maintenance. Activities will include but are not limited to the following: ?
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• Implementer will train appropriate city personnel on using utility manager software to Cn
analyze energy consumption data, identify energy savings opportunities,benchmark N
facility usage and operations, and sustain project savings; and ci
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• Implementer will also develop a utility manager software maintenance plan that will >
ensure continued use of utility manager software after 2012. 0
Implementer will provide the utility manager software maintenance plan, a description of °
training sessions conducted and a list of attendees to the CPM. Implementer will also m
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document training effectiveness.
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F. Report on Actions Taken Resulting from the Benchmarking Analysis: Implementer °c
will document the results following the implementation energy efficiency upgrades after
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the benchmarking analysis has been completed. Implementer will also document plans a
for re-investing energy efficiency savings into the city's budget for future energy m
efficiency activities. Finally, Implementer will document the energy efficiency actions in
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taken at the City of San Bernardino that can be attributed to the benchmarking analysis. 0,
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G. Monthly Status Report: Implementer will provide to the CPM a Monthly report of all
on-going activities including a list of Monthly achievements and outstanding issues. E
Implementer will provide all materials developed under this task to CPM for review and
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Qcomment.
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Deliverable(s) Due Date(s)
1. Report on status of Implementer Monthly with Invoicing Requirements (see
6
or Subcontractor to support the Task 7) s
task a'
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2. Utility manager software Monthly starting Within 3 Months of 0
planning report Subcontractor selection,with Invoicing W
Requirements (see Task 7) •_
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3. Procurement of utility manager Monthly starting within 60 Calendar Days after
software approval of Utility Manager software planning v
report with Invoicing Requirements (see Task
7) 3
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4. Report on utility manager Monthly with Invoicing Requirements (see
software installation Task 7) M
5. Report of utility manager training Monthly with Invoicing Requirements (see a
and maintenance activities Task 7) ?
6. Report on actions taken resulting Monthly with Invoicing Requirements (see y
from the benchmarking analysis. Task 7)
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7. Monthly status report Monthly with Invoicing Requirements (see 1
Task 7) �°,
Task 6 - Strategic Plan Goal 3 0
Strategic Plan Goal 3: Local governments lead by example with their own facilities and o
energy usage practices. c
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• Task 6 (Strategic Plan Task 3.2.4): Develop commissioning/retro-commissioning M
policies for municipal facilities U)
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Task 6—Develop and Adopt a Retro-commissioning (RCx) Policy
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The Implementer will develop RCx policies for the City of San Bernardino to adopt that help m
them prioritize and implement energy efficiency projects in a cost-effective manner for the in
city's facilities. Implementer will ensure that RCx policies developed are consistent with the o
statewide RCx guidelines published by the California Commissioning Collaborative. >'
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A. Report on Status of Implementer or Subcontractor to Support the Task:
Implementer will submit monthly reports on the status of hiring expertise to develop the C
RCx policy.
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B. RCx Policy Assessment and Planning: In preparation for the development of RCx
policy, Implementer will review statewide RCx guidelines published by the California
Commissioning Collaborative, available RCx policies already adopted for other Ui
jurisdictions, and conduct an assessment of existing RCx policies in other jurisdictions,
and prepare a plan for a RCx policy for local government facilities based on the u_
information gained from this assessment. o
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The RCx policy assessment and planning report will include a discussion of sustainability W
for the Program after SCE funds are expended. The report will also include a list of all o
non-SCE funding sources and amount funded by each non-SCE source required to
complete this task. A contingency plan will also be included if unexpected delays or
shortfalls occur in receiving non-SCE funding.
°
0
C. RCx Policy Outline: The Implementer will develop a draft RCx policy outline that N
complies with the statewide RCx guidelines published by the California Commissioning o
Collaborative. The RCx policy will include a list of the qualifications for staff
conducting RCx audits, implementing RCx programs and monitoring for each major RCx Q
measure. The RCx policy will include an assessment as to which RCx projects and/or z
RCx measures can be performed by the Implementer and which projects and/or RCx
measures need to be referred to SCE or other RCx providers. For RCx measures being
installed by the Implementer,the RCx policy manual will include the detailed installation
✓ specifications and monitoring requirements. The RCx policy will also include a complete of
description of ongoing quality controls that will ensure that the California N
Commissioning Collaborative published guidelines are consistently being followed. Y
Implementer will submit the draft RCx policy outline for CPM review. °
0
D. Draft RCx Policy: Implementer will incorporate CPM's comments on the RCx outline in
developing the draft RCx policy. Implementer will submit the draft RCx policy to the E
CPM. o
0
E. Final RCx Policy: Implementer will provide the final RCx certification policy to its city
council for presentation and adoption. Implementer will provide evidence to the CPM c
that the final RCx policy was presented and adopted by the city council. The Implementer CO
will document the adoption of the recommendations. If the RCx policy is not adopted,
Implementer will provide reasons why RCx policy was not adopted, and alternative steps o
to be taken.
U
F. Monthly Status Report: Implementer will provide a Monthly report of all on-going
activities including a list of Monthly achievements and outstanding issues.
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Implementer will provide all materials developed under this task to CPM for review and Q
comment.
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Deliverable(s) Due Date(s)
1. Report on status of Implementer or Monthly to be completed within NTP
Subcontractor to support the Task plus 90 Calendar Days with Invoicing LO
Requirements(see Task 7) �
LL,
2. RCx policy outline Within NTP plus 150 Calendar Days r-
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3. Draft RCx policy Within NTP plus 9 Months
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4. Final RCx policy Within NTP plus 12 Months L
0
5. Monthly status report Monthly with Invoicing Requirements
(see Task 7) v
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Task 7—Invoicing and Reporting 0
A. IR Tool: After SCE provides Implementer training on the IR Tool, the Implementer will M
utilize the IR Tool,which serves three primary purposes:
J
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• Enables Implementer to provide SCE with required Program information; ?
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• Provides CPM the capability to access Implementer's Program information and create
reports; and
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• Provides miscellaneous reporting support for SCE's internal and CPUC reporting
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requirements. >
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B. Submission of Information into IR Tool: Implementer will update the IR Tool on a 3!
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Monthly basis in accordance with requirements delineated in Appendix A(Monthly °
Invoicing and Reporting Requirements). Implementer will work collaboratively with the d
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CPM in tailoring the flat files for the Program.
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C. Monthly Invoicing and Reporting: All required Monthly invoice reports can be c
generated via the IR Tool. Implementer will be responsible for implementing, adhering
L
to, and the submission of,the items as described in Appendix A(Monthly Invoicing and CD
Regulatory Reporting Requirements) of this Statement of Work. The invoice reporting CO
requirements may be amended from time to time, at which time SCE will notify
Implementer of the changes and issue a new Appendix A. Implementer will implement >°,
these modifications in a timely manner and future invoice documentation will reflect U
them.
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D. SCE's Regulatory Reporting: Implementer will implement, adhere to, and submit the U
items as described in Appendix B (Regulatory Reporting Requirements), as SCE Q
requests. The CPUC reporting requirements may be amended from time to time, at which
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time SCE will notify Implementer of the changes and issue a new Appendix B.
Implementer will implement these modifications in a timely manner and future invoice
documentation will reflect them.
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Implementer acknowledges that SCE may, in its sole discretion,require Implementer to �-'
—�
provide such other reports or documentation that SCE deems appropriate or necessary o
("Ad Hoc Reports"). Implementer will comply with any request for such Ad Hoc
Report(s)within a reasonable time or, if applicable,within the time requested by SCE. W
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Deliverable(s) Due Dates 'a
Prepare and submit Monthly invoices and Monthly,by the 15th Calendar Day for U
supporting documentation to SCE. Work completed the preceding Month
Prepare and submit Monthly regulatory report, Monthly,by the 15th Calendar Day for 0
including flat files and Monthly deliverable Work completed the preceding Month N
work sheet.
0
Prepare and submit Quarterly regulatory reports Quarterly,by the 300'Calendar Day for
(Appendix B)to SCE Work completed the preceding quarter, Q
through October 31,2012 Z
Prepare and submit Ad Hoc Reports As SCE requests and/or requires
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Prepare and submit final invoice and Program By November 15,2012 for final invoice T
Report to SCE and by October 31,2012 for final c�a
Program Report 0�
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Task 8-Ramp-Down and Shut-Down Program >
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A. Program Ramp-Down: The Implementer will provide SCE with a ramp-down plan for 3:
the Program. To ensure complete Program shut-down, the Program ramp-down period °
will commence no later than September 1,2012. Implementer's plan for Program ramp-
down will take into consideration that all services must be completed by October 15,
2012.
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Implementer will resolve all outstanding Program issues and begin preparation of the
L
Final Report beginning September 1,2012. F
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B. Program Shut-Down: Implementer will provide to the CPM a plan with procedures on Un
shutting down the Program. o
All Program operations will be completely shut down after the last day of the Contract
w
effective period.
E
Deliverable(s) Due Date(s)
Q
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1. Submit detailed ramp-down and shut-down plans No later than September 1,2012
and schedules to CPM for review and approval
is
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2. Resolve outstanding Program issues and begin No later than September 1,2012
preparation of Final Report 2
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3. Begin Program ramp-down No later than September 1,2012 0
4. Complete all services No later than October 15,2012 W
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Task 9- Submit Final Program Report
After Program shut-down and follow-up issues have been completed and resolved, the
Implementer will submit a final report that reviews the Program's progress and
accomplishment(the"Final Report"). At a minimum, the Final Report will cover: c
m
A. Goal Attainment: Documentation that substantiates the Implementer's achievement of o
the objectives, Program Performance Indicators, and deliverables for the Contract.
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B. Program Achievement Discussion: Were the goals/objectives met? Were the Program z
Performance Indicators achieved? Complete Program achievement for each Program
Performance Indicator and deliverable indicating the measureable Program
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accomplishments.
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C. Program Challenges: What were the significant obstacles that were overcome? C4
D. Lessons Learned: Could a Program of this scale have accomplished more? 0
E. Program Improvement Recommendations: What improvements could have been made
to help the Program be even more successful?
as
F. Program Next Step: Should the Program a)be mainstreamed, b) continued to be
developed or, c) ended.
L
Deliverables Due Date(s) W
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1. Submit draft Final Report for SCE review No later than October 15,2013 0
and approval v�
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2. Submit revised Final Report for SCE review The earlier of October 15,2012 or within 2 y
and approval weeks of SCE comments v
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SECTION 6:PAYMENT
Agwk
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A. Payment Terms: The Implementer Budget will utilize 100%time and material based
payments("T&M payments"). Payment of the Implementer's budget will be based on
receipt by SCE of the deliverables set forth herein. T&M payments will be in 4i
accordance with the Billing Rates set forth in Table 1,below and Appendix C (Billing
Schedule). All payments will be subject to the Contract and consistent with the FZ
budget breakdown set forth herein. Payment will be based on meeting deliverables o
and due dates set forth in Section 5 of this Statement of Work. w
B. Implementer Budget Limit: Under no event will Implementer exceed the total o
amount budgeted by SCE for this Contract of$513,600.
U
Table 1: Implementer T&M Fully Burdened Hourly Billing Rate
Fully Burdened o
Hourly Rate for years
2010-2012 % of Total
ti
Implementer Job Function ($/Hour) Hours r°>
Senior Consulting Firm highest n/a
rate $175.00
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Program Director/Oversight $145.00 3% U.
Program Manager $125.00 18% N
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Senior Engineer $125.00 10% N
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Project Engineer $105.00 22% °i
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Senior Analyst $95.00 18% `>
Project Analyst $70.00 24% c
Admin $50.00 5% :
Weighted Average Rate $98.85 100% c
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Table 2: Implementer's Budget Breakdown
Allowable Cost Item4 % $ co
Sri
1)Administration 9% $48,500 1
2)Marketing/Outreach Costs $65,400 U-
13%
3)Direct Program Costs 0
78% $399,700 0
Total Implementer Budget: 1)+2)+3) $513 600 �
100% ,
L
SECTION 7:PERFORMANCE INDICATORS -
U
SCE will, at a minimum, monitor the Work based on the following Program Performance
Indicators:
0
A. Progress made against the goals, deliverables, and due dates above; and
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B. Actual performance versus predicted performance as outlined herein.
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4 See Appendix B for more information regarding Allowable Costs
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Appendix A: Monthly Invoicing and Reporting Requirements
A. Requirements
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Monthly hard copy invoices are required at the 15th Calendar Day of each Month for
.2)
Work completed the preceding Month with invoicing supporting files described
herein. These invoices and supporting documents are for Work performed by the 0
2
Implementer and all Subcontractors. a
W
I
On November 15, 2012 or sooner, Implementer will submit a final invoice associated
with Program services that are tied directly to delivery of the Program deliverables. 0
75-
No Work except that associated with preparing the Final Report(Task 8) and final U
C
invoice will be performed after October 15, 2012. Subsequent invoices will only
contain expenses associated with closing out the Program (i.e., administration :E
0
expenses, etc.) that are not directly tied to delivery of the Program goals.
B. Procedures
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1. Implementer uploads their Customer flat files into the IR Tool. The IR Tool
creates a draft invoice for Implementer's review.
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2. CPM reviews the draft invoice and advises the Implementer to re-submit their
invoice if requested. Implementer is required to submit the following files to SCE
by the 15th Calendar Day of each Month with each of their invoice submission:
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• Invoice—Hard Copy and electronic copy uploaded into the IR Tool;
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• Program Tracking Flat File—Uploaded electronically into the IR Tool;
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• Financial Flat File—Uploaded electronically into the IR Tool; 3.1
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• Monthly Narrative- Hard Copy with invoice submission;
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• Deliverable Table—Uploaded electronically. E
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• Allowable Cost Table (see Appendix B)—Hard Copy with invoice
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submission; and
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• Supporting documentation—Uploaded electronically into the IR Tool. F
3. Upon approval by CPM, the invoice is paid.
C
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C. Monthly Narrative co
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The Monthly narrative will include a discussion on the following Program activities
occurring during the Month:
• Administrative activities; E
• Marketing activities;
* Direct Implementation activities;
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• Implementer's assessment of Program performance and Program status (is the
Program on target, exceeding expectations, or falling short of expectations, etc.);
• Discussion of changes in Program emphasis (new Program elements, less or more L6
emphasis on a particular delivery strategy, Program elements discontinued,
21
Measure discontinued, etc.); �-
0
• Discussion of near term plans for Program over the coming Months (i.e.,
marketing and outreach efforts that are expected to significantly increase Program
participation, etc.); E
0
• Changes to staffing and staff responsibilities, if any; 75
• Changes to contacts, if any;
• Changes to Subcontractors and Subcontractor responsibilities, if any; and o
• Number of Program complaints received.
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Appendix B: Regulatory Reporting Requirements
1. Program Reporting
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Implementer will provide SCE with the requisite information on the prior Month's
activities, accomplishments and expenditures related to its respective Work obligations, U-
for purposes of preparing any reports required of SCE by the CPUC including Quarterly o
and Annual Reports. Requirements for these reports may change per the direction of the
CPUC or the CPUC's Energy Division. The current reporting requirements are as w
follows:
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2. Quarterly Report
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Implementer will provide SCE with the requisite information to be compiled for the w
quarterly portfolio reporting. o
2.1. Expenditures for the Program per cost; Section 4,below contains a list of allowable ►-
costs. M
a. CPUC authorized budget 77-
b. Operating Budget
c. Total Expenditures
• Administrative Cost
• Marketing/Advertising/Outreach Costs
• Direct Implementation Cost
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2.2. Program Narratives-For the Program, a description of the Program activities N
occurring during the quarter.
a. Administrative activities o
b. Marketing activities
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c. Direct Implementation activities °
d. Implementer's assessment of Program performance and Program status (is the E
Program on target, exceeding expectations, or falling short of expectations,
etc.) w
e. Discussion of changes in Program emphasis (new Program elements, less or
more emphasis on a particular delivery strategy, Program elements 2
discontinued, Measure discontinued, etc.) _
f. Discussion of near term plans for Program over the coming Months (i.e., m
marketing and outreach efforts that are expected to significantly increase R
Program participation, etc.)
g. Changes to staffing and staff responsibilities, if any 0
h. Changes to contacts, if any
i. Changes to Subcontractors and Subcontractor responsibilities, if any
j. Number of Program complaints received
2.3. Implementer will provide additional data or information as required by the Q
CPUC.
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3. Annual Reports
Implementer will provide SCE with the requisite information to be compiled for the Ui
annually portfolio reporting.
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3.1. Expenditures for the Program per cost; Section 4, below contains a list of allowable o
costs.
a. CPUC authorized budget "U
b. Operating Budget c
c. Total Expenditures
• Administrative Cost v
• Marketing/Advertising/Outreach Costs
• Direct Implementation Cost w
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3.2. Program Narratives—For the Program, a description of the Program activities
occurring during the year. c
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a. Administrative activities
b. Marketing activities
c. Direct Implementation activities z
d. Implementer's assessment of Program performance and Program status (is
the Program on target, exceeding expectations, or falling short of cn
expectations, etc.)
e. Discussion of changes in Program emphasis (new Program elements, less or o
more emphasis on a particular delivery strategy, Program elements o�
discontinued, etc.) N
f. Discussion of near term plans for Program over the coming Months (i.e., L
marketing and outreach efforts that are expected to significantly increase 0
Program participation, etc.) o
g. Changes to staffing and staff responsibilities, if any =
h. Changes to contacts, if any
i. Changes to Subcontractors and Subcontractor responsibilities, if any
j. Number of Program complaints received
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3.3. Implementer will provide additional data or information as required by the
CPUC. _
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4. Allowable Costs
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for w
ratepayer-funded energy efficiency work. The costs reported should be only for costs actually a,
expended.Any financial commitments are to be categorized as commitments.If the reporting entity LL
does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item. r-
0
These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM.
If there is a desire to include additional Allowable Cost elements,the CPM should be contacted in w
order to seek approval from the CPUC.
.0
3/30/2006 0
Cost Categories Allowable Costs ru
Administrative Cost Category v
Managerial and Clerical Labor
Implementer Labor-Clerical 3
Implementer Labor-Program Design 0
Implementer Labor-Program Development
Implementer Labor-Program Planning
Implementer Labor-Program/Project Management
Implementer Labor-Staff Management
Implementer Labor-Staff Supervision Q
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Human Resource Support and Development U-
Im lementer Labor-Human Resources 11
Implementer Labor-Staff Development and Trainingr
Implementer Benefits-Administrative Labor N
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Implementer Benefits-Direct Implementation Labor c�
Implementer Benefits-Marketing/Advertising/Outreach c
N
Labor �
Implementer Payroll Tax-Administrative Labor L
Im lementer Payroll Tax-Direct Implementation Labor 0
Implementer Payroll Tax-Marketing/Advertising/Outreach o
Labor =
Implementer Pension-Administrative Labor °'
E
Implementer Pension-Direct Implementation Labor
Implementer Pension-Marketing/Advertising/Outreach N
Labor 0
c
Travel and Conference Fees
Implementer-Conference Fees
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Implementer Labor-Conference Attendance a,
Implementer-Travel-Airfare °0
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Implementer-Travel-Lodging
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Implementer-Travel-Meals o
Implementer-Travel-Mileage
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Implementer-Travel-Parkingv
Implementer-Travel-Per Diem for Misc. Expenses c
Overhead(General and Administrative)-Labor and E
Materials -_
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Implementer Equipment Communications
Implementer Equipment Com utin Q
Implementer Equipment Document Reproduction
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Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for
ratepayer-funded energy efficiency work.The costs reported should be only for costs actually
expended.Any financial commitments are to be categorized as commitments.If the reporting entity
does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item.
These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. U-
lf there is a desire to include additional Allowable Cost elements,the CPM should be contacted in o
order to seek approval from the CPUC. v,
3/30/2006 w
Cost Categories Allowable Costs �?
Implementer Equipment General Office o
Implementer Equipment Trans ortation
Implementer Food Service v
Implementer Office Su lies =
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Implementer Postage r
Implementer Labor-Accounting Support 0
Implementer Labor-Accounts Payable
Implementer Labor-Accounts Receivable o
Implementer Labor-Facilities Maintenance
Implementer Labor-Materials Management
Implementer Labor-Procurement Q
Implementer Labor-Shop Services LL
Im lementer Labor-Administrative
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Implementer Labor-Transportation Services
Implementer Labor-Automated Systems N
Implementer Labor-Communications c
Implementer Labor-Information Technologyo�
Im lementer Labor-Telecommunications `>
Marketin Advertisin Outreach Cost Category
Implementer-Bill Inserts
Implementer-Brochures �
Implementer-Door Hangers -
Implementer-Print Advertisements
_
Implementer-Radio Spots
Implementer-Television Spots
Implementer-Website Development o
Implementer Labor-Marketing=
Implementer Labor-Media Production
_
Implementer Labor-Business Outreach
Implementer Labor-Customer Outreach m
Implementer Labor-Customer Relations
Direct Implementation Cost Cate o ry 4-
0
Financial Incentives to Customers
Y
Activity-Direct Labor v
Implementer Labor-Facilities Audits
Implementer Labor-Curriculum Development E
E
Implementer Labor-Customer Education and Tramin
Implementer Labor-Customer Equipment Testing and
Diagnostics Q
Installation and Service-Labor
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Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for
ratepayer-funded energy efficiency work. The costs reported should be only for costs actually
expended.Any financial commitments are to be categorized as commitments.If the reporting entity Ui
does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item.
P These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM. U.
If there is a desire to include additional Allowable Cost elements,the CPM should be contacted in o
order to seek approval from the CPUC.
3/30/2006 w
Cost Categories Allowable Costs
Implementer Labor-Customer Equipment Repair and o
Servicing —
Implementer Labor-Customer Equipment Repair and v
Servicing
a�
Direct Implementation Hardware and Materials
Implementer-Direct Implementation Literature �n
Implementer-Education Materials
Implementer-Energy Measurement Tools
O
Implementer-Installation Hardware
Implementer-Audit Applications and Forms
Rebate Processing and Inspection-Labor and Materials
Implementer Labor-Field Verification LL
Implementer Labor-Rebate Processing
Implementer-Rebate Applications
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Appendix C: Billing Schedule
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City of San
Bernardino Statemeni a>
Appendix C-Billing Table )y
�InstrucfioPems in yellow. Subcontractor 0 Ira Iementer Costs Costs?
Sub• Labor& Total Program
Task Labor Ex enses? Ex enses Cost a
Task 1 Not-to-Exceed Bud et Included in Task 2 through Task 6
L
Task 2-Strategic Plan Goal t.. O
A.Dewlo On-line Permitting Process 1.1.5 ski
A.1 Report on Status of Implementer or SUbcommctor to Su rtthe Task $2,000 $5,000 14$161-0 Op R
A.2 Assessment and Planning rt for the On_Lm emitting System $2,000 $5,000 00 V
A.3 Assessment and Planning Report for the Development of a Program That Encourages $2,000 $5,000 00
Energy Eificienc
AA Review Documents Developed Dud P ram Implementation $2000 $5000 00 L
A.5 Monthly Reports on Outreach and Education Efforts $2,1100 $10,000 00
A.6 Plan for Sharing Lessons Leamed/Best Practices with Other Local Governments. $2,000 $10,000 00 S„r
A.7 Submit Pro ram that Promotes Energy Efficient to City Council for Ado?ion $2,000 00 A.8 Monthl re orts of tracked Performance Indicators $1,000 $5000 00 Q
Bud et $15,000 $45,000 900 U)
Task 3-Strategic Plan Goal 3.. '
A.Dewlo and Deliver Stakeholder Education P ram 1 1 6
A.1 Re rton Status of Ira erne or SubcoMmctor to Support the Task 4$.68,.068,800$10,000 0
A.2 Assessment and Planni Re rt for Hosti a R Tonal Ene Eficienc Summit $10,000 A.3 Ene Efficient Sum----Iemen[ation $18800 A.4 Assess Value and Benets of the E EfiiSummit 10,000 A.5 Plan for Shadn Lessons Leamed/Best Pmctices With Other Local Governments 10000 A.6 Deliver Monthl re orts from tmckin s stem $10,000 �t Task 3 Natdo-Exceed fiud et $0 $0 68,800 <
Task 4-Strata is Plan G0213: z
A.Develo and Ado t Ene Benchmark Pol c 3.1.1
A.1 Re ort on Status cf Is 1-rucomcor to Support the Task
$10,000 00 ,J
A.2 Assessment and Plannin R rt for HOSti a R Tonal rnMy Efficiency $10,000 Summit $10,000 $10,000 (f)
A.3 Ene Efficient Summit Ira lemeutalion $10.000 $10,000
A.4 Assess Value and Benefits of the Ene Eficienc Summit $10,000 $70,000 r
A.5 Plan for Sharin Lessons Learned/Best Practices With Other Local Governments $10,000 $10,000
A.6 Deliver Monthl re orts from imckln s stem $5,450 $5,450 N
Task 4 Not-to-Exceed Bud et $D $0 $55.450 - $55,450
Task 5..5trate is Plan Goal 3 i
A.Im lament Enterprises Utility Manager-Software for Municipal Buildm s 3.1.2
A.1 Re rt on status of Implementer or Subcontractor to supeort the Task
A.2 EEMIS anni re d $0
N
A Procurement S $1,000 $1,000
AA Report on EEV IS Installation $110,000 $110,000
A.5 Report of Manager Traini2g and Maintenance activties $500 $500 L
A.6 Report on actions taken resulting from the benchmarking analysis. $500 $600 O
$5W $
A.7 Monthly report ort $1,530 $1,530
'Task 5 otdofzce®d Bud et $0 $0 $114,030 $114,030
Taek B-Strata is Plan Goal Goal O
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A.Dewlo Retmc.mm,ssion RC,Policy 3.2.4 =
A.1 Report on status of Ira Iementer or Subcontractor to support the Task - $6 000000 $6 000 c
A.2 RCx tic outline $15,000 $15,000 G
A.3 Draft RC, tic
A.4 Final RCx Iic $15,000 $15,000 d
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A.5 Monthly status report $15,000 $15,000$2,420 $2,420 �
Task6 NOt•to-Exceed Bud et $0 $0 $53,420 $53420 (n
Task 7-Imoicl ag and Re ort" O
Task 7 Not-to-Exceed Bud et Included in Task.2 through Task 6 S
Task 6-Ram -Down and Shut-Down Program L_
Task a(Not-to-Exceed Bud et Included in Task 2 through Task 6 (6
Task 9•Submit Final Pro ram Re ort L
Task 9 Not-to-Exceed Bud et Included in Task 2 through To 6 (D
Grand Total(All Tasks) All $15,000 $45.000 $453,600 $513,600
Notes:
1) Labor:Consultant shall invoice SCE at the fixed hourly rates for the applicable labor categories stated in the Purchase Order for time spem directly engaged in
performance of the Work by Consultant's employees.Such fixed hourly rates shall be inclusive of all of Consultant's overhead costs(including all taxes and
insurance),administmuw and general fees,and prefit
2) Expenses,All reimbursable expenses shall be authorized SCE in writing
by g prior to the expenditure.Arry expenses not so approved by SCE shall not be reimbursed.. U
All expenses shall be charged at cost,without mark-up,and shall be necessary,reasonable and ordinary.
a)Material Costs,Material costs shall be substantiated with an mwice stating the unit price,quantity,and other information as required to identify the Work. ++
b)Subcontract Labor Costs:Subcontracted Work shall be charged at the hourly rates actually paid by Consultant,not to exceed the hourly rotes set forth in the
Purchase Order for Work by the Consultant.Consultant shall provide Subcontractor invoices for any Consultant invoice that includes Subcontractor costs.
C)Out-of Pocket expense&Miscellaneous costs such as telephone communications,routine copying,electronic mail,facsimiles,computer time and in-house
d)Travel Costs:Approved air travel Costs shall in no case exceed economy or coach fare,whichever is reasonably available.Automobile travel from Consultants V
of5ce to the Jobsite and to SCE's general offices shall be paid at the fixed mileage rate stated in the Purchase Order,or if not stated,at SCE's rate for SCE U
employees.
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