HomeMy WebLinkAbout20B - AA - AGMT SCE ENERGY EFFICIENCYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 20, 2011
TITLE:
AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON TO FUND ENERGY EFFICIENCY
STRATEGIC PLAN AND APPROPRIATION
ADJUSTMENT RECOGNIZING FUNDS
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and the Clerk of the Council to execute the attached agreement
with Southern California Edison to receive an amount not to exceed $729,928 in funding to
implement specific energy efficiency strategic plan activities, consistent with the California
Energy Efficiency Strategic Plan, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
2. Approve an Appropriation Adjustment accepting Energy Efficiency Strategic Plan funds in
revenue account (accounting unit 10117002-57010) and appropriate the funds to the consulting
services expenditure account (accounting unit 10117601-62300).
DISCUSSION
The California Public Utilities Commission has authorized Southern California Edison (SCE) to
provide funding for energy efficiency strategic plan activities in support of the California Energy
Efficiency Strategic Plan (CEESP). Only those cities that currently have a partnership with SCE to
deliver energy efficiency programs are eligible. The City was awarded a partnership with SCE for
2010-2012.
City staff applied for this funding and received an initial approval in the amount of $729,928.
Approved tasks include performing a Green House Gas (GHG) baseline inventory and energy
analysis, an energy chapter for a Climate Action Plan, California Green Building and LEED
certification training and an Energy and Sustainability Consultant to coordinate and assist in
implementation of these tasks.
This funding will quantify GHG baseline inventory data that will be used in developing a long term
plan for achieving energy savings and reducing GHG emissions within the City. The data, analysis
and forecasts identified will be presented to Council and the community for input in selecting the
best energy efficiency strategies for implementation. The training and certification will educate staff
20B-1
Agreement with Southern California Edison
For Energy Efficiency Plan Activities
June 20, 2011
Page 2
and committee/commission members to move towards more energy efficient building practices.
These added projects will require contracting with an Energy and Sustainability Consultant to
manage these processes. Moreover, the program will show that Santa Ana has made a
commitment to energy efficiency and being a leader in energy management practices.
The statement of work is attached. The agreement will begin June 20, 2011 and will end
December 31, 2012.
This is the City's third allocation of funding from Edison with a focus on energy efficiency. Due to the
success of the first two partnerships, these funds have been made available in this funding cycle.
ENVIRONMENTAL IMPACT
There is no environmental impact to approving the energy efficiency strategic plan activities
agreement. However, the development of an energy chapter within a Climate Action Plan will
provide a road map for implementation of energy efficiency programs that will enhance our
environment by improving air quality, reducing pollution and conserving natural resources.
FISCAL IMPACT
SCE has approved a not-to-exceed allocation of $729,928 through December 31, 2012. The City
is required to pay for implementation costs up front from the Administrative Services program
(accounting unit 10117601-62300) and to be reimbursed by SCE (accounting unit 10117002-
57010).
APPROVED AS TO FUNDS AND ACCOUNTS:
Ra Godinez II
Executive Direc r
Public Works Agency
RG/CLK
Exhibit: Agreement
?.
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
20B-2
SOUTHERN CALIFORNIA EDISON
CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION
CONTRACT
Santa Ana Strategic Plan Activities
THIS CONTRACT FOR SERVICES ("Contract") is by and between SOUTHERN
CALIFORNIA EDISON ("SCE") and City of Santa Ana] ("Implementer"), which Contract shall
be effective as of , 2011 ("Effective Date"). SCE and Implementer may be
referred to herein individually as a "Party" and collectively as the "Parties.
WHEREAS, on October 11 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;
WHEREAS, in Decision 09-09-047, the Commission further authorized SCE to
conduct a solicitation for certain energy efficiency strategic planning activities in
connection with, and to support, its approved Energy Leader Partnership Programs and
local governments generally;
WHEREAS, SCE has selected the Implementer to implement the Santa Ana
Strategic Plan Strategy (referred to hereinafter as the "Program"), promoting long-term
energy efficiency and climate action activities;
WHEREAS, the Implementer shall implement the Program for the benefit of certain
participating governmental jurisdictions and their constituents;
WHEREAS, the Parties desire to enter into an agreement that supersedes any and
all previous agreements relating to the Strategic Plan Strategies approved for funding, and
sets forth the terms and conditions under which the Program shall be implemented with
respect to the Parties; and
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1.0 DEFINITIONS:
All terms used in the singular will be deemed to include the plural, and vice versa. The
words "herein," "hereto," and "hereunder" and words of similar import refer to this
Contract as a whole, including all exhibits or other attachments to this Contract, as the
same may from time to time be amended or supplemented, and not to any particular
subdivision contained in this Contract, except as the context clearly requires otherwise.
"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
"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.
1.2. Calendar Day: The period from one midnight to the following midnight, including
Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Contract are
Calendar Days.
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 conditions,
and incorporates by reference the Statement of Work and any other referenced documents,
if applicable, all of which form the agreement (Contract) between the Parties, with the
following priority in the event of conflicting provisions: Amendments, from the most recent
to the earliest; the Statement of Work; this Contract; and any other referenced documents.
1.4. Energy Efficiency Measure (or Measure): As used in the Commission's Energy
Efficiency Policy Manual, Version 4, August 2008.
1.5. EM&V: Evaluation, Measurement and Verification of the Program pursuant to
Commission requirements.
1.6. Implementer Budget: The approved maximum budget for funding the performance
by Implementer of the Program, as set forth in the Statement of Work attached hereto as
Exhibit A.
1.7. Incentive: As used in the Commission's Energy Efficiency Policy Manual, Version 4,
August 2008.
1.8. Jobsite: An SCE facility at or for which the Work is performed
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 Santa Ana Strategic Plan Strategy as set forth in the Statement of Work.
1.10. Program: The Santa Ana Strategic Plan Strategy program.
1.11. Public Goods Charge (PGC): The funds which makeup the Implementer Budget
and which are collected from electric utility ratepayers pursuant to Section 381 of the
California Public Utilities Code for public purposes programs, including energy efficiency
programs approved by the Commission.
1.12. Statement of Work (SOW): A statement of the tasks to be performed by the
Implementer, commercial terms including the Implementer Budget, reporting
requirements and other necessary information, as set forth in Exhibit A and incorporated
herein as part of this Contract, as such SOW may be modified from time to time as
provided herein.
1.13. Subcontractor- An entity contracting directly or indirectly with a Party, or any
Subcontractor thereof, to furnish services or materials as part of or directly related to such
Party's Work obligations.
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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.
2. PURPOSE
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.
The Program was designed in furtherance of California's Long-Term Energy Efficiency
Strategic Plan adopted by the Commission in 2008 ("Strategic Plan"). The Strategic Plan
was formulated and developed through a collaborative effort among key stakeholders,
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
governments can address during the 2010-2012 program cycle. The goal of the strategic
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
governments.
3. AUTHORIZED WORK
3.1. Scone. 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
Contract.
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 of
Work (Exhibit A).
4. OBLIGATIONS OF PARTIES
4.1. General Obligations of Implementer.
4.1.1. Implementer will appoint a Program representative ("Implementer
Representative") who will be the primary contact between SCE and
Implementer, and who will be authorized to act on behalf of
Implementer in carrying out its obligations under this Contract. Such
appointment shall be communicated in writing to SCE's designated
Contract Program Manager within ten (10) Business Days following
execution of this Contract.
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.
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4.1.3. Implementer shall perform its Work obligations within the
Implementer Budget and in conformance with the schedule associated
with such Work as set forth in the Statement of Work, and shall
furnish the required labor, equipment and material with the degree of
skill, care and professionalism that is required by current professional
standards.
4.1.4. Implementer shall be primarily responsible for coordinating the
preparation of all Program-related documents, including all required
reporting of Implementer pursuant to Section 9, and any reporting
required by the CPUC. Implementer shall obtain the approval of SCE
prior to usage of any SCE Program documents or other energy
efficiency program documents or materials offered by SCE.
4.1.5. Upon reasonable request, Implementer shall submit to SCE all
contracts, agreements or other requested documents with
Implementer's Subcontractors performing Work for the Program.
4.2. General Obligations of SCE.
4.2.1. SCE will appoint a Program representative ("SCE Representative" or
"Contract Program Manager" PCPM' ]) who will be the primary
contact between SCE and Implementer, and who will be authorized to
act on behalf of SCE in carrying out SCE's obligations under this
Contract.
4.2.2. SCE shall administer the PGC funds authorized by the Commission
for the Program in accordance with this Contract.
5. MARKETING
5.1. Marketing Materials. Implementer shall obtain the approval of SCE when
developing Program marketing materials and prior to distribution, publication,
circulation, or dissemination in any way to the public by Implementer or by a
Participating Municipality. In addition, all advertising, marketing or otherwise printed
or reproduced material (including website material) used to implement, 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 funded by California utility
ratepayers and administered by Southern California Edison under the auspices of the
California Public Utilities Commission."
5.2. Outreach. Implementer shall obtain the approval of SCE prior to
implementation by Implementer or a Participating Municipality, of any public
outreach activities or campaigns for the Program (exhibits, displays, public
presentations, canvassing, etc.), and any marketing materials used in connection with
such outreach activity shall comply with all requirements of Section 6 of this Contract.
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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
Program materials. Implementer shall allow five (5) Business Days for SCE review and
approval. If Implementer has not received a response from SCE within the five- (5-)
Business-Day period, then it shall be deemed that SCE has approved such use.
5.4. Use of Commission's Name. No Party may use the name of the Commission
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 marketing materials that the
Program is "funded by California ratepayers under the auspices of the California Public
Utilities Commission."
6. CONTROL OF WORK
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 performance
of the Work (including any task, or achievement of any goals or 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 Implementer
Budget accordingly, or terminate the Contract, within sixty (60) Business Days
following receipt of such written notice of delay from Implementer. Failure of
Implementer to notify SCE in writing of such delay in the Work schedule within sixty
(60) Business Days shall constitute a breach of this Contract and SCE may exercise any
of the remedies set forth in this Section or in Section 23.
6.2. Changes to Work:
6.2.1 Changes. SCE may at any time make a written request for changes to
the Work including additions, reductions, and changes to any or all of
the Work. Such changes, if accepted by Implementer (which
acceptance shall not be unreasonably withheld), shall be evidenced by
a written change order signed by both parties. The Implementer
Budget and Work schedule shall be equitably adjusted, if required, to
account for such changes and shall be set forth in a change order.
6.2.2 SCE Authority to Shift Funds or Modify: Notwithstanding Section
6.2.1, SCE, may reallocate funds among the programs in its energy
efficiency portfolio, or modify in any way the program, funding or
Work. In the event that SCE elects to change or modify the funding,
program or Work, Implementer shall be notified in writing and by a
change order to this Contract. Such notification of change or
modification will specify any changes to the Implementer's Scope of
Work and may increase, decrease, or terminate overall program
funding, However, such change or modification shall provide that
Implementer shall in all cases be paid for Work performed and
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expenses incurred or committed in accordance with the Statement of
Work through the effective date of the change order.
6.3. Stop Work Procedures: SCE may suspend Implementer's Work at any
time upon notice to Implementer for convenience or for cause,
including, without limitation, program funding, program
implementation or management, safety concerns, fraud or complaints.
Implementer shall stop performing the Work immediately upon
receipt of such notice. Implementer shall resume the Work only upon
receiving written notice from SCE that it may do so. Implementer
shall in all cases (other than default) be paid for Work performed and
expenses incurred or committed in accordance with the Statement of
Work through the effective date of the stop work notice.
6.4. Key Personnel: Implementer shall deliver to SCE a list of Implementer's key
personnel prior to commencing the Work. Implementer shall notify SCE of any changes
to such list. The Implementer shall designate a person who shall coordinate all Work
and communicate regularly for the Implementer with the SCE Representative.
Implementer shall replace any key personnel requested by the SCE Representative for
legal cause.
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
entity shall be similarly specifically identified. For any subcontracted Work not
identified in the approved Statement of Work, the prior written approval of the SCE
Representative shall be required for each subcontractor, the activities to be performed,
and the related charges. Implementer shall at all times be responsible for the Work,
and for the acts and omissions of 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 all invoicing requirements. Any review or approval by SCE
of a subcontractor or a subcontract shall not relieve Implementer of its obligations
hereunder.
6.6. Additional Instructions: Implementer shall comply only with verbal or
written instructions for performance of Work received from CPM appointed (or replaced
from time to time) pursuant to Sec 4.2, above. Implementer shall promptly reconfirm
such instructions with the SCE Representative (CPM) and request that a corresponding
change order be issued as necessary.
6.7. Emergencies: In an emergency endangering life or property, Implementer
shall: a) perform Work or such other services or work as is necessary to meet the
emergency; and b) immediately notify SCE.
6.8. Drafts: Draft copies of required reports shall be submitted to the SCE
Representative for review for contractual compliance, satisfaction of SCE needs and
good professional practices, comments, and approval, prior to the due date of such
reports. SCE shall review and return such drafts within fifteen (15) Business Days
after delivery to SCE.
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6.9. Inspection: SCE authorized representatives shall have the right to contact
Implementer at reasonable times during regular business hours and to inspect, as
appropriate, Implementer's performance of the Work.
6.10. Uncontrollable Forces: Implementer shall not be liable for delay in the
Work schedule or inability to perform the Work due to any cause beyond its reasonable
control, such as strike, flood, fire, lightning, epidemic, quarantine restriction, war,
sabotage, act of a public enemy, earthquake, or critical material unavailability;
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 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.
7. FITNESS FOR DUTY/JOBSITE ACCESS REQUIREMENTS (IF APPLICABLE):
7.1 Fitness for Duty:
7.1.1 Implementer and its Subcontractor personnel on a Jobsite (defined in
Section 1.8)
(i) Shall report for work in a manner fit to do their job;
(ii) Shall not be under the influence of or in possession of any alcoholic
beverages or of any controlled substance (except a controlled
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,
by its nature, may have a discernible adverse impact on the business
or reputation of SCE.
7.1.2 Inspection Searches by SCE authorized representatives may be made of
lockers, storage areas, vehicles, persons or personal effects on SCE owned, or
leased property at various times without prior announcement. Such facility
inspections may be conducted using detection dog teams to search work
areas and other common areas in order to detect evidence of unlawful drug
use or the presence of pyrotechnics, explosives, firearms, weapons, or
facsimiles thereof, alcoholic beverages and illegal drugs ("Prohibited Items").
Prohibited Items must not be brought onto, or kept on, SCE property.
7.1.3 Compliance: Implementer shall advise its employees of the requirement of
this Section 7.1 ("Fitness for Duty Requirements") before they enter on the
Jobsite and shall immediately remove from the Jobsite any employee
determined to be in violation of these requirements. Implementer shall
impose these requirements on its Subcontractors. SCE may cancel the
Contract if Implementer violates these Fitness for Duty Requirements.
7.2. JOBSITE ACCESS REQUIREMENTS
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
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Subcontractors' employee, who has, or will have, Jobsite access, has been
convicted of a serious criminal offense.
7.2.2 Visitor Badge Requirement All visitors to a particular Jobsite must comply
with that Jobsite's visitor access requirements.
7.3. Sexual Harassment: SCE supports a diverse work force and prohibits unlawful
employment discrimination and harassment of every kind, including sexual
harassment, in accordance with state and federal laws. Whenever present on SCE
property or facilities, Implementer shall require its employees, Subcontractors, agents
to comply with all applicable federal and state statutes, acts, regulations, codes and
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
nature, and impeding or blocking any SCE employee's, subcontractor's or agent's
movement.
8. DOUBLE DIPPING PROHIBITED
8.1 If, in performing its respective Work obligations, Implementer engages contractors
or vendors who provide incentives or services to SCE customers, Implementer shall
take all appropriate steps to minimize double-dipping. As applicable:
Prior to providing incentives or services to any eligible customer, Implementer shall
require its subcontractors to obtain a signed form from such eligible customer stating
that:
8.1.1. Such eligible customer has not received incentives or services for the
same measure from any other SCE program or from another utility,
state, or local program.
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.
Each Party shall keep its customer-signed forms for at least five (5) years
after the expiration or termination of this Contract.
No Party shall knowingly provide an incentive to a Participating Municipality, or make
payment to a subcontractor who is receiving compensation for the same product or
service either through another ratepayer funded program, or through any other funding
source.
9. REPORTING/EM&V
9.1 Re ortin . The Parties shall implement all reporting requirements set forth 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 issued by
the Commission for the 2010-2012 program cycle, and may be amended from time to
20B-10
time thereafter at the discretion of the Commission. Upon issuance by the Commission
of revised reporting requirements for 2010-12 related to the Program, such
Commission- approved reporting requirements shall replace the 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.
9.2 EM&V. The evaluators will be asked to prepare a Program logic model based upon
the written proposal and on interviews with the Implementer. Research issues will be
defined in collaboration with SCE program managers and may include questions such
as: How well were program activities documented? How effectively was the proposed
plan implemented? What could be done to improve the plan's effectiveness? Who are
the decision- makers, and what information did they use to make their decisions?
10. PAYMENTS/COMMERCIAL TERMS
10.1 Implementer Budget. The Implementer Budget is set forth in the Statement of
Work. Implementer shall not be entitled to compensation in excess of the Implementer
Budget without a change order issued and signed by SCE.
10.2 Billing. Work will be performed on a time and material basis and subject to the
following general provisions:
10.2.1 General Provisions.
10.2.1.1 All charges shall be directly identifiable to, and required for
the Work.
10.2.1.2 Any charges for overtime shall require the prior written
approval of the SCE Representative. Overtime rates shall be
authorized and charged only for non-exempt personnel.
10.2.1.3 Implementer shall complete the Work within the amount
authorized by the Contract and in accordance with the Work
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
forecasted cumulative charges will exceed any amounts
authorized by the Contract (whether by task, total amount of
Contract, or both). Implementer shall not proceed with or be
reimbursed for any Work performed, either beyond the
effective period of the Contract, or exceeding the authorized
amounts of the Contract, without a change order.
10.2.2 Labor Related Costs Under Time and Material Basis. Implementer
shall invoice SCE at the fixed hourly rates for the applicable labor
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
(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
incurred in the prior month and shall include a breakdown for each
milestone and deliverable identified in the Statement of Work. Each
invoice shall include:
10.2.3.1 Status
a. SCE's Contract number.
b. Task description.
c. Cost incurred to date.
d. Current monthly amount invoiced.
e. Cumulative amount invoiced to date. Current monthly
and cumulative amounts authorized, and justification
for all variances between amounts authorized and
incurred or invoiced.
f. Statement of deliverables for the period.
10.2.3.2 Labor
a. Dates worked.
b. Personnel name, work hours and classification.
c. Personnel Fixed rate.
d. Description of Work performed by task.
e. Completion of Appendix "C" of the Statement of Work.
10.2.3.3 Reimbursable expenses (pre-approved by SCE
a. Material costs.
b. Subcontract costs.
c. Out-of-pocket expenses.
d. Travel costs.
10.2.4 Expenses. All reimbursable expenses shall be authorized by SCE in
writing rior to the expenditure. Any expenses not so approved by
SCE shall not be reimbursed. All expenses shall be charged at cost,
without mark-up, and shall be necessary, reasonable and ordinary.
10.2.4.1 Material Costs. Material costs shall be substantiated with
an invoice stating the unit price, quantity, and other information as
required to identify the Work.
10.2.4.2 Subcontract Costs. Subcontracted Work shall be charged at
the rates actually paid by Implementer, not to exceed the rates set
forth in the Contract for Work by the Implementer. Implementer shall
provide Subcontractor invoices for any Implementer invoice that
includes Subcontractor costs.
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10.2.4.3 Out-of-Pocket expenses. Miscellaneous costs such as
telephone communications, routine copying, electronic mail,
facsimiles, computer time and in-house technical software are deemed
to be included in Implementer's overhead costs will not be
reimbursed.
10.2.4.4 Travel Costs. Approved air travel costs shall in no case
exceed economy or coach fare, whichever is reasonably available.
Automobile travel from Implementer's office to the Jobsite and to
SCE's general offices shall be paid at the fixed mileage rate stated in
the Contract, or if not stated, at SCE's rate for SCE employees.
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
the Work. SCE shall not be liable for payment of any late invoices
that are received by SCE beyond the sixty (60) days.
10.2.6 Invoice Deficiencies. In the event SCE determines that Implementer's
(or any of its subcontractors) invoices do not meet the invoicing
requirements of the Contract, SCE will notify Implementer of the
deficiencies and Implementer shall correct such deficiencies promptly.
10.2.7 Payment by SCE. SCE shall pay each correct invoice, submitted in
accordance with the terms of the Contract, within thirty (30) days of
SCE CPM's receipt of the correct invoice.
10.2.8 Records. Implementer shall maintain, for a period of five (5) years
after final payment, complete accounting records (and supporting
documentation) of all invoiced costs. SCE reserves the right to audit
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.
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, regulations, codes,
and standards of federal, state, and local governments, and all agencies thereof.
11.2 Implementer shall conform to the applicable employment practices requirements
of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and
applicable regulations promulgated thereunder.
11.3 Implementer Policy for Web Accessibility.
To the extent required by law, if an Implementer currently hosts and manages a web
site, on behalf of SCE, that contains public, customer-facing pages, content and/or
transactions that is not already web accessible and compliant with Web Content
Accessibility Guidelines version 2.0, Level AA (WCAG 2.0, Level AA), the Implementer
must make updates to the web site pages, content and/or transactions to meet web
accessibility compliance. As such, Implementers who plan to or currently host and
maintain web sites that include web pages, content and/or transactions for SCE shall
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agree to the following terms regarding current and/or planned web sites unless
Implementer is not required to do so by law:
11.3.1 All public facing web pages, transactions and content, including
multi-media 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 within the scope of these
terms include, and are not limited to, image files, video files, audio files,
Flash movies and applications, Flex applications, Silverlight applications,
functionality developed with AJAX and/or any other interactive technology
not otherwise specified but utilized to serve up information and/or
transactions on the web.
11.3.2 Attachments that are posted on a web page for download must also be
made web accessible. Attachments include, and are not limited to, Adobe
Acrobat PDF files, Microsoft Office files, or any other type of file intended for
a customer to download and review offline. An 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 or transaction displayed on web pages. Such
exceptions must be documented and requested by the Implementer, agreed
upon by both Implementer and SCE, and granted by SCE prior to declaring
any attachment exempt from web accessibility compliance.
11.3.3 Implementers must include compliance with WCAG 2.0, Level AA
guidelines as part of the base system requirements for any work completed
for SCE. Implementers are responsible for testing proposed web pages,
content and/or transactions, and confirming compliance with WCAG 2.0
Level AA guidelines. Proof of testing may be documented in the form of test
plans, test scripts, test results, and/or web accessibility audits (performed by
the Implementer itself or an external party). SCE may, at any time, request
for such documentation to confirm that testing was completed and that the
published web page, content and/or transaction satisfies web accessibility
compliance with WCAG 2.0, Level AA.
11.3.4 Upon deployment (i.e. publication for external consumption) of web
accessible pages, content and/or transactions, Implementer must, to the best
of its abilities, maintain compliance with WCAG 2.0, Level AA for as long as
the web pages, content and/or transactions are made publicly available on
the third-party hosted web site:
11.3.4.1 If Implementer must edit, enhance, modify, or update web
pages, content and/or transactions, Implementer agrees to (re-)test for
web accessibility compliance, and document test results to prove that
said content continues to maintain web accessibility compliance. SCE
may, at any time, request for such documentation to confirm that
testing was completed and that the published web page, content
and/or transaction satisfies web accessibility compliance with WCAG
2.0, Level AA.
20B-14
11.3.4.2 On a periodic basis, SCE may perform audits on the third-
party hosted site to assess web accessibility compliance. Audits may
be completed by manual evaluation or through the use of an
automated testing tool. If SCE identifies any content that was
previously communicated as being compliant but is subsequently
found to be in violation, 1) SCE will identify, in writing, the specific
web page, content or transaction form where the violation is found,
the specific WCAG 2.0, Level AA guideline that has been violated, and
what the specific violation is determined to be; 2) Implementer agrees
to correct the item(s) in violation on its own accord, with no cost
impact to SCE, in a timeframe that both SCE and Implementer agree
to, not to exceed 30 calendar days.
11.3.4.3 SCE requires an annual web accessibility audit of SCE's
web properties by an independent auditor. Any part or all pages of a
third-party hosted web site may be included in the annual audit. If
the independent auditor identifies any web 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 web page content or transaction form where the
violation is found, the specific WCAG 2.0, Level AA guideline that has
been violated, and what the specific violation is determined to be; 2)
SCE shall provide Implementer with audit report, 3) Implementer
agrees to correct the item(s) in violation on its own accord, with no
cost impact to SCE, in a timeframe that both SCE and Implementer
agree to, not to exceed 30 calendar days.
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 functionality
that is customer-facing, the Implementer must work with the software
manufacturer to determine whether the software produces web-accessible
pages, content and/or transactions.
11.3.5.1 If the software manufacturer is unable to provide a product
that produces web pages, content and/or transactions that meet
WCAG 2.0, Level AA guidelines, the Implementer shall request the
software manufacturer to produce such limitations in writing (i.e. in
the form of product specifications, formal response from software
manufacturer's technical support) and subsequently provide such
documentation to SCE.
11.3.5.2 If the software manufacturer is unable to provide a product
that produces web pages, content and/or transactions that meet
WCAG 2.0, Level AA guidelines, the Implementer agrees to pursue, in
good faith, an alternate product that can provide equivalent
functionality and satisfy WCAG 2.0, Level AA web accessibility
compliance requirements.
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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 functionality requirements and
WCAG 2.0, Level AA web accessibility compliance requirements.
11.3.6.1 If the Implementer is unable to locate a product that meets
both business functionality requirements and web accessibility
compliance requirements, the Implementer must communicate such
limitations, in writing, and justify the software selection choice.
Implementer shall also request the software manufacturer of desired
product to produce such limitations in writing (i.e. in the form of
product specifications, formal 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.]
12. INDEMNITY/CONSEQUENTIAL DAMAGES
12.1 Indemnity. Implementer shall indemnify, defend and hold harmless SCE, and
its respective successors, assigns, affiliates, subsidiaries, current and future parent
companies, officers, directors, agents, and employees from and against any and all
expenses, claims, losses, damages, liabilities, or actions in respect thereof (including
reasonable attorneys' fees) to the extent arising from (a) any act or 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 Contract or of
any representation or warranty of Implementer contained in this Contract.
12.2 NO CONSEQUENTIAL DAMAGES. EXCEPT AS PROVIDED IN SECTION
6.3, ABOVE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR
ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF
OR UNDER-UTILIZATION OF LABOR OR 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.
13. DEVELOPMENTS/PROPRIETARY RIGHTS
13.1 Ownership. The Parties acknowledge and agree that SCE, on behalf of its
customers, shall own all deliverables, data, reports, information, manuals, computer
programs, works of authorship, designs or improvements of equipment, tools or
processes (collectively "Developments") or other written, recorded, photographic or
visual materials, intellectual property, inventions and trade secrets, and all
deliverables produced in the performance of this Contract, whether proprietary or
nonproprietary provided, however, that Developments do not include equipment or
20B-16
infrastructure purchased for research, development, education or demonstration
related to energy efficiency. Although Implementer shall retain no ownership,
interest, or title in the Developments except as may otherwise be provided in this
Contract, it will have a permanent royalty-free, nonexclusive, irrevocable license to
use such Developments.
13.2 Risk of Loss. Implementer shall have risk of loss of or damage to the undelivered
Developments until completion of the Work.
13.3 Infringement.
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 infringement or other
violations of any proprietary rights of any person.
Implementer shall defend, indemnify and hold harmless, SCE, its officers,
agents, employees, successors, and assigns from and against any and
all liability, damages, losses, claims, demands, actions, causes of
action, and costs including reasonable attorney's fees and expenses
arising out of any claim, demand, or charge that use of the Work or
Developments infringe upon any trade secret, trademark, trade name,
copyright, patent, or other intellectual property rights.
14. INSURANCE
14.1 Implementer will maintain, the following insurance coverage or self insurance
coverage, at all times during the term of this Contract, with companies having an A.M.
Best rating of "A-, VII" or better, or equivalent:
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
per occurrence/$4 million minimum aggregate.
Such insurances shall acknowledge SCE, its officers, agents and
employees as 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.
14.1.4 Commercial or Business Auto: $1 million minimum.
Such insurance shall acknowledge SCE, its officers, agents and
employees as additional insureds and be primary for all purposes.
14.1.5 Professional Liability (if applicable) : $1 million minimum.
20B-17
14.2 Evidence of Insurance. Upon request at any time during the term of this Contract,
Implementer shall provide evidence that its insurance policies, 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 Contract.
14.3 Self-Insurance. If Implementer is self-insured, it shall upon request forward
documentation to SCE that demonstrates to SCE's satisfaction that Implementer self-
insures as a matter of normal business practice before commencing the Work. SCE will
accept reasonable proof of self-insurance comparable to the above requirements.
14.4 Notice of Claims. Implementer shall immediately report to SCE, and promptly
thereafter confirm in writing, the occurrence of any injury, loss or damage 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 such a claim.
14.5 Insurance Indemnification. If Implementer fails to comply with any of the
provisions of this Section, "INSURANCE", or any insurance requirements in the
Contract, Implementer shall, at its own cost, defend, indemnify, and hold harmless
SCE, its affiliates and their officers, directors, agents, employees, assigns, and
successors in interest, from and against any and all liability, damages, losses, claims,
demands, actions, causes of action, costs, including attorney's fees and expenses, or any
of them, arising out of or in connection with the performance or non-performance of the
Work by Implementer or any subcontractor, or their 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.
15. CUSTOMER CONFIDENTIALITY REQUIREMENTS
Non-Disclosure. Although it is not anticipated that Implementer will receive any
Confidential Customer Information as a result of this Contract, the following provisions
will apply in the event such a release of Confidential Customer Information occurs.
15.1 Implementer, its employees, agents and Subcontractors shall not disclose any
Confidential Customer Information (defined below) to any third party during the term
of this Contract or after its completion, without 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 of the Contract in perpetuity.
15.2 Confidential Customer Information. "Confidential Customer Information"
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, Implementer
shall contact SCE prior to disclosing the customer information.
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15.3 Non-Disclosure Ayreement. Prior to any approved disclosure of Confidential
Customer Information, SCE may require Implementer to enter into a nondisclosure
agreement.
15.4 Commission Proceeding's. This provision does not prohibit Implementer from
disclosing non- confidential information concerning the Work to the Commission in any
Commission proceeding, or any Commission- sanctioned meeting or proceeding or other
public forum.
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 Customer Information (including
all copies, backups and abstracts thereof), during the performance of this Contract
shall be returned upon written request by SCE.
15.6 Remedies. The Parties acknowledge that Confidential Customer Information 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 enforceable.
Accordingly, the Parties agree that in the event of a breach or 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 damages or posting any bond.
Any such relief shall be in addition to, and not in lieu of, money damages or any other
available legal or equitable remedy.
16. SECURITY INCIDENT PROVISIONS
16.1 SCE Personal Information.
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 that is furnished
or made available by SCE or any of its affiliates to Implementer in the
performance of this agreement, that identifies, relates to, describes, or is capable
of being associated with, any particular individual (whether SCE employee,
customer, or otherwise), including, but not limited to, his or her name, signature,
Social Security number, physical characteristics or description, address, telephone
number, passport number, driver's 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.
16.1.2 Nondisclosure of SCE Personal Information. Due to the nature of services
provided to implement this Project, it is not intended that Implementer will have
access to SCE Personal Information. However, Implementer, its employees,
agents and subcontractors shall not disclose any SCE Personal Information
(defined above) to any third party during the term of this Contract or after its
completion, without 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.
20B-19
16.1.3 Notwithstanding any other provision in the Contract or Contract,
Implementer's nondisclosure obligations with respect to SCE Personal
Information shall survive any expiration or termination of the Contract in
perpetuity. Upon the expiration or termination of the 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 one copy of any materials prepared by Implementer
containing or reflecting SCE Personal Information if necessary for compliance
with its internal record-keeping or quality assurance requirements only. If
destroyed, such destruction shall be certified in writing by Implementer.
16.2 Security Incidents. This section shall apply only to the extent Implementer is in
possession or control of SCE Personal Information or SCE Confidential Customer
Information.
16.2.1 Security Incident Response Plan. Implementer shall develop, implement and
maintain a written plan and process for preventing, detecting, identifying,
reporting, tracking and remediating Security Incidents ("Security Incident Response
Plan" or "SIRP"). A Security Incident shall mean an event or set of circumstances
that results in a reasonable expectation of a compromise of the security,
confidentiality or integrity of SCE data or information under the Implementer's
control. Examples of Security Incidents include are but not limited to:
(i) Security breaches to Implementer's network perimeter or to internal
applications resulting in potential compromise of SCE data or information.
(ii) Loss of physical devices or media, e.g., laptops, portable media, paper files,
etc., containing SCE data.
(iii) Lapses in, or degradation of, Implementer's security controls, methods,
processes or procedures.
(iv) The unauthorized disclosure of SCE data or information.
(v) Any and all incidents adversely affecting SCE's or its affiliates', as the case
may be, information assets.
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 responsibilities, and their plans to notify
SCE or its affiliates, as the case may be, concerning the Security Incident. The SIRP
must be based on and meet all requirements of the following:
16.2.2.1 Federal and applicable state laws, statutes and regulations concerning the
custody, care and integrity of data 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 the provision of notice to SCE or its affiliates, as the case may be, of any
breach of the security of SCE Personal Information if it is reasonably believed to
have been acquired by an unauthorized person.
20B-20
16.2.2.2 SCE information management and information security policies and
procedures as made available to Implementer from time to time ("SCE Policies and
Procedures"), including without limitation ITS-445 "Standards for Information
Security Response - Third Parties."
16.2.3 Implementer Response to Security Incident. The following will apply in the event
of a Security Incident:
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 SCE Policies and Procedures including ITS-445, and applicable
law. The SIR shall be given promptly upon discovery of an SI and in any event not
more than four (4) hours after discovery of a suspected SI, or sooner if required by
law, statute or regulation. If additional time is required under the circumstances of
the SI to ascertain the nature or extent of the SI, to stabilize the Computing System
or to ensure the integrity of SCE's or its affiliates', as the case may be, data and
information, then Implementer shall promptly notify SCE or 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 be, informed of developments and new information.
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 may be, to discuss the cause of the
Security Incident, Implementer's response, lessons learned and potential
improvements to Implementer's system security processes and procedures.
16.2.4 Compromise of SCE Personal Information.
16.2.4.1 Additional SIRP Requirements for Personal Information. With respect to any
SCE Personal Information in the possession or under the control of Implementer, to
protect SCE Personal Information from unauthorized access, destruction, use,
modification or disclosure, Implementer shall:
(a) Develop, implement and maintain reasonable security procedures and practices
appropriate to the nature of the information to protect SCE Personal Information
from unauthorized access, destruction, use, modification, or disclosure.
(b) Develop, implement and maintain data privacy and security programs with
administrative, technical, and physical safeguards appropriate to the size and
complexity of the Implementer's business and the nature and scope of Implementer's
activities to protect SCE Personal Information from unauthorized access, destruction,
use, modification, or disclosure.
16.2.4.2 Notice Requirements for Personal Information. In the event of a Security
Incident where SCE Personal Information was, or is reasonably believed to have been,
acquired by an unauthorized person, Implementer shall immediately provide the SIR
required by Section 16.2.3. Such SIR shall state that SCE Personal Information may
be involved, and shall describe the suspected nature of such SCE Personal
Information.
20B-21
16.2.5 SIRP Review. At SCE's or its affiliates', as the case may be, request, Implementer
shall review the SIRP at least annually with SCE's or its affiliates', as the case may be,
designated representatives to identify updates, changes or potential improvements; and
a process to document these changes within ninety (90) days of any such changes.
16.2.6 Document Retention. Implementer shall maintain all documentation relating to
Security Incidents, whether in written or electronic form, including without limitation,
their identification, processing and resolution, for two (2) years after final resolution of
the Security Incident, including the final resolution of all claims arising out of the
Security Incident.
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 liability, damages, losses,
claims, demands, actions, causes of action, costs, including attorney's fees and expense,
fines or penalties, or any of them, 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.
Implementer shall ensure that its employees, agents and contractors that perform
services for Provider in connection with the Contract are informed of and comply with
these Security Incident provisions.
17. CONFLICT OF INTEREST
Implementer affirms that, to the best of its knowledge, there is no actual or
potential 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 has set forth in its proposal for the Work: (a) all situations in which
Implementer or an affiliated entity of Implementer has been or currently is an SCE
Implementer, contractor, or employee; (b) 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 (other than an Energy Leader Partnership); and (c) any
affiliated entity to which Implementer intends to subcontract any part of the Work.
Implementer shall update such affirmations to SCE during performance of the Work
within thirty (30) days following any change thereto.
18. TIME IS OF THE ESSENCE
Implementer hereby acknowledges that time is of the essence in performing its
obligations under this Contract. Failure to comply with milestones and goals stated in this
Contract, including but not limited to those set forth in Exhibit A of this Contract, may
constitute a material breach of this Contract, resulting in its termination, payments being
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
directed by the Commission. All Work must be performed and completed by October 15,
2012.
20B-22
19.IMPLEMENTER DISPUTES
Any unresolved disputes between Implementer and SCE shall be referred to an SCE
management representative and an officer of Implementer for resolution. Pending
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.
20. RIGHT TO AUDIT
SCE and the Commission shall have the right to audit Implementer at any time
during the term of this Contract and for five (5) years thereafter. An audit may include,
but is not limited to, a review of Implementer's financial records relating to the Work,
program implementation procedures, program marketing material, program
implementation documents, energy efficiency savings provided by the program, funds spent
to date, information relating to the substantiation of program expenditures, incentives paid
to date, customers given incentives to date, lists of employees and respective duties related
to the Program, lists of subcontractors and their respective responsibilities or service
provided.
SCE may, in its sole discretion and at anytime, request information or data relating
to the program, Work or this Contract, and Implementer shall provide such information in
the format utilized by Implementer and within a reasonable time after Implementer's
receipt of request by SCE. Nothing in this provision shall limit the type, format or
frequency of such requests by SCE.
21. MODIFICATIONS
Except as otherwise provided in this Contract, changes to this Contract shall be
only be valid through a written amendment/change order to this Contract signed by both
Parties.
22. TERM
This Contract shall be effective as of the Effective Date (defined in the preamble to
this Contract). Unless otherwise terminated in accordance with the provisions of Section 23
below, this Contract shall terminate at midnight November 30, 2012; provided however,
that all Work and services shall be completed by the dates specified in the Statement of
Work.
23. TERMINATION OR CANCELLATION
23.1 CPUC Authority To Modify: The Work and program under which the Work is
authorized herein shall at all times be subject to the discretion of the California Public
Utilities Commission (CPUC), including, but not limited to, review and modifications,
or excusing performance hereunder, or termination as the CPUC may direct from time
to time in the reasonable exercise of its jurisdiction.
20B-23
23.2 Termination for Convenience: Notwithstanding any other provisions of the
Contract, SCE shall have the unilateral right to terminate the Work, or any portion
thereof, or the Contract by the issuance of a change order, which shall not require
Implementer's acceptance.
Subject to the provisions of Section 23.3 and 23.4 hereof, SCE shall pay Implementer
the termination charges set forth in the Contract pro-rated to the effective date of
termination. If termination charges are not set forth in the Contract, Implementer
shall in all cases be paid for Work performed and expenses incurred or committed in
accordance with the Statement of Work through the effective date of the change order.
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.
23.3 Cancellation for Default. In the event of: (a) the breach of or failure of
Implementer to perform any of its material obligations under the Contract 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; (b) 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 (c) the insolvency, bankruptcy or receivership of Implementer, then SCE may (a)
withhold payment of any further monies which may 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 and shall be entitled to cancel the
Contract in whole or in part effective immediately 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.
In the event of such cancellation, Implementer shall immediately stop Work and
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
appropriate until the Work is completed. Implementer shall assign to SCE the
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
labor, Material, and any other items which it may deem necessary to complete the
Work.
If the total of all expenses incurred by SCE to complete the Work is greater than the
sum which would have been payable under the Contract if Implementer had 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 the claim.
Additionally, SCE shall have the right to pursue other remedies afforded by law.
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 cancellation under this
Section 23, Implementer shall immediately deliver to SCE all complete and incomplete
Documentation, and all Material. If, at the 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.
20B-24
23.5 Cessation of Work: Upon receipt of notice of termination or cancellation for any
reason, Implementer shall promptly cease all Work, as set forth in Section 6.3, above,
except for additional Work that SCE may, in its discretion, request Implementer to
perform. Additional Work shall be performed in compliance with the terms of the
Contract.
24. WRITTEN NOTICES
Any written notice, demand or request required or authorized in connection with this
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
specified below, or to another address specified in writing by a Party as follows:
Implementer
City of Santa Ana
Raul Godinez II
Executive Director, Public Works Agency
20 Civic Center Plaza, M-21
Santa Ana, CA 92701
Telefacsimile 714-647-5622
SCE:
Southern California Edison
Jim Hodge
1515 Walnut Grove Ave 2C3-03
Rosemead, CA 91770
Notices shall be deemed received (a) if personally or hand-delivered, upon the date of
delivery to the address of the person to receive such notice if delivered before 5:00 p.m.
PST, 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
overnight courier within the time limits set by that courier for next-day delivery.
25. INDEPENDENT CONTRACTOR
Implementer is and will perform the work as an independent contractor for SCE.
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
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.
26. BENEFIT TO SCE CUSTOMERS
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 Contract 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 energy efficiency programs approved by the CPUC.
20B-25
27. NONDISCRIMINATION CLAUSE
No Party shall unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability, mental disability, medical condition, age, marital
status, and denial of family care leave. Each Party shall ensure that the evaluation and
treatment of its employees and applicants for employment are free from such
discrimination and harassment, and shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12990 (a)-(f) et seq.) and the
applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a)-(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.
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.
28 NONWAIVER CLAUSE
None of the provisions of this Contract shall be considered waived by either Party
unless such waiver is specifically stated in writing.
29. ASSIGNMENT
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
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
released from all obligations hereunder arising after the effective date of such assignment,
both as principal and as surety.
30. SEVERABILITY
In the event that any of the terms, covenants or conditions of this Contract, or the
application of any such term, covenant or condition, shall be held invalid as to any person
or circumstance by any court, regulatory agency, or other regulatory body having
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,
regulatory agency, or other regulatory body holds that the provisions are not separable
from all other provisions of this Contract.
31. GOVERNING LAW; VENUE
This Contract shall be interpreted, governed, and construed under the laws of the State
of California as if executed and to be performed wholly within the State of California. Any
20B-26
action brought to enforce or interpret this Contract shall be filed in Los Angeles County,
California.
32. SECTION HEADINGS
Section headings appearing in this Contract are for convenience only and shall not be
construed as interpretations of text.
33. SURVIVAL
Notwithstanding completion or termination of this Contract, the Parties shall continue
to be bound by the provisions of this Contract which by their nature survive such
completion or termination.
34. ATTORNEYS' FEES
Except as otherwise provided herein, in the event of any legal action or other
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
and expenses incurred therein, including reasonable attorneys' fees.
35. PRIOR WORK.
In the event that Implementer performs any Work authorized by SCE but prior to the
execution of this Contract, then such prior Work shall be considered performed subject to
the provisions of this Contract.
36. ENTIRE AGREEMENT
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
matter of this Contract.
37. COUNTERPARTS.
This Contract may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall be deemed to be one and the same
instrument.
[SIGNATURE PAGE FOLLOWS]
20B-27
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed
by their duly authorized representatives.
IMPLEMENTER
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
PAUL GODINEZ, II
Executive Director
Public Works Agency
SCE:
SOUTHERN CALIFORNIA EDISON
By: Erwin Furukawa
Title: Senior Vice President,
Customer Service
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EXHIBIT A
STATEMENT OF WORK (with Appendices A-C)
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City of Santa Ana SOW v4.9
TABLE OF CONTENTS
SECTION 1: PROGRAM DESCRIPTION ............................
SECTION 2: OBJECTIVES ..............................................................................................................3
SECTION 3: GENERAL REQUIREMENTS ....................................................................................... ..3
SECTION 4: SCHEDULE OR TASKS DELAYS ................................................................................ ..4
SECTION 5: STATEMENT OF WORK ............................................................................................ ..4
Task 1 - Program Ramp-up ......................................... 4
.....................................................................
Task 2 - Strategic Plan Goal 4 ..................................•••• 5
Task 2.A - Develop the Baseline GHG Inventory Including an Energy Savings Analysis of the
Baseline GHG for Both the Community and Municipal Operations ............................................. 5
Task 2.13 - Develop and Adopt an Energy Efficiency Chapter in a Climate Action Plan for Both
the Community and Municipal Operations .................................................................................... 7
Task 3 - Strategic Plan Goal 5 ........................................................................................................... 9
Task 3.A - Provide California Green Building Code and LEED Certification Training ............ 9
Task 4 - Invoicing and Reporting ................. 10
Task 5 - Ramp-Down and Shut-Down Program .............................................................................. 12
Task 6 - Submit Final Program Report ............................................................................................ 12
SECTION 6: PAYMENT ............................................................................................................. .13
Table 1: Implementer T&M Fully Burdened Hourly Rates ................................................... .14
Table 2: Implementers Budget Breakdown ............................................................................ .16
SECTION 7: PERFORMANCE INDICATORS ................................................................................... .16
Appendix A: Monthly Invoicing and Reporting Requirements .................................................. 16
Appendix B: Regulatory Reporting Requirements ...................................................................... 19
Appendix C: Billing Schedule .................................................................................................... 24
TABLES
Table 1: Implementer T&M Fully Burdened Hourly Rate ................................................................. 14
Table 2: Implementers Budget Breakdown ......................................................................................... 16
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City of Santa Ana SOW v4.9
Statement of Work
PROGRAM IMPLEMENTER: CITY OF SANTA ANA
PROGRAM NAME: SANTA ANA'S STRATEGIC PLAN STRATEGY(S)
PROGRAM BUDGET: $729,928
SECTION 1: PROGRAM DESCRIPTION
Pursuant to Decision 09-09-047, the CPUC authorized Southern California Edison ("SCE") to
conduct 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 ("CEESP")'. Based on this authorization, SCE conducted a
solicitation seeking to fund activities that would lead to long-term, sustainable changes as
opposed to supporting staffing resources or short-term initiatives that would cease to exist once
the funding had ended.
One of the selected programs in this solicitation is Santa Ana's Strategic Plan Strategy(s) (the
"Program"). The Program will be implemented by the City of Santa Ana and will contain the
following components: (1) the baseline Greenhouse Gas ("GHG") inventory including an energy
savings analysis of the baseline GHG for both the Community and Municipal Operations, (2) an
energy efficiency chapter in the climate action plan for both the Community and Municipal
Operations, and (3) California Green Building Code and LEED Certification training. The
Implementer will utilize the assistance of an energy sustainability Subcontractor to oversee the
Program and a technical Subcontractor to prepare the baseline GHG inventory, including an
energy savings analysis of the baseline GHG, and the energy efficiency chapter in the climate
action plan.
The Implementer will perform the tasks required in order to demonstrate how the Implementer
can meet the objectives of the CEESP while utilizing the following CEESP Goals:
Strategic Plan Goal 4: Local governments lead their communities with the innovative
programs for energy efficiency, sustainability and climate change.
• Strategic Plan Goal 5: Local government energy efficiency expertise becomes
widespread and typical.
'Please go to w « californiaener;?yefliciencv.com for a copy of the CEESP.
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A. 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 SOW and
incorporated herein by reference.
1. Business Day: The period from one midnight to the following midnight, excluding
Saturdays, Sundays, and holidays.
2. Calendar Day: The period from one midnight to the following midnight, including
Saturdays, Sundays, and holidays.
3. California Green Building Code: California Green Building Code is part I I of the Title
24 California Building Regulations, and focuses on green building design and
construction practices.
4. Change Order: Document SCE issues to Implementer and, unless otherwise provided in
the Contract, Implementer accepts, and which changes or modifies the terms of the
Contract.
5. Community Operations: All residential, commercial, industrial and municipal facilities,
and all residents living or working within the boundaries of the City of Santa Ana.
6. Contract: Document issued by SCE to facilitate payment to the Implementer for the
Work described herein and the terms and conditions that will govern the Work to be
performed.
7. Contract Program Manager or CPM: The SCE Representative who will manage the
Program.
8. CPUC: The California Public Utilities Commission.
9. Implementer: The City of Santa Ana.
10. LEED: Leadership in Energy and Environmental Design.
11. Municipal Operations: Implementer owned and/ or managed facilities.
12. Performance Indicators: Specific, measureable, actionable, realistic and time-specific
requirements that will directly and measurably contribute to SCE's business goals for the
Agreement.
13. SCE Representative: The CPM or such other representative authorized by SCE to
manage this Program.
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14. Invoice Reporting Tool or IR Tool: Invoice reporting tool used by SCE.
15. Subcontractor: An entity contracting directly or indirectly with Implementer to furnish
services or materials as part of or directly related to Implementer's Work.
16. 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 and was
established in 1978 in response to a legislative mandate to reduce California's energy
consumption. The standards are updated periodically to allow consideration and possible
incorporation of new energy efficiency technologies and methods. Title 24, Part 6 is the
focus of the Work under this Agreement.
17. Work: Any and all obligations of Implementer to be performed pursuant to and during
the term of the Contract, any revision to the Contract, or a subsequent Contract or
Contract Addendum incorporating this Statement of Work. The Work will include, but
may not be limited to, the tasks described in Section 5 of this Statement of Work.
SECTION 2: OBJECTIVES
Through the Program, the Implementer will:
• Establish the baseline GHG inventory, including an energy savings analysis of the
baseline GHG for both the Community and Municipal Operations;
• Develop an energy efficiency chapter in a climate action plan for both the Community
and Municipal Operations; and
• Provide California Green Building Code, and LEED certification training to city staff and
members of legislative and advisory committees.
SECTION 3: GENERAL REQUIREMENTS
A. Notice to Proceed ("NTP"): Implementer may start Work only upon the occurrence of each
of the following:
1. Implementer receives the Contract;
2. Implementer provides to the CPM a signed acknowledgement form of the Contract; and
3. CPM provides to Implementer written approval to proceed.
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
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implementation schedule (milestones, delivery dates, etc.) contained herein against actual
Work performed by Implementer to assess the Program's progress.
SECTION 4: SCHEDULE OR TASKS DELAYS
If the schedule or a task (including achievement of goals as outlined herein) is delayed for 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 both
the budget and the Work, or terminate the Contract within thirty (30) Business Days following
receipt of any written notice of delay from Implementer.
SECTION S: STATEMENT OF WORK
The Work for each of the CEESP Goals and associated tasks are described herein:
Task 1- Program Ramp-up
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
coordination, evaluation, monitoring and verification coordination, invoicing requirements,
scope of Work, and any remaining Contract issues at an SCE -designated location. To avoid
duplication and unnecessary expenditures, CPM will provide information and guidance
regarding currently available resources (for example: available training programs, templates,
reach building codes etc.) to be used by the Implementer in assessing pre-existing resources.
This will enable the Implementer to focus efforts in each Task on any gaps that may exist.
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.
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's 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.
Deliverable(s) Due Date(s)
I. Attend a half-day Program Kick-off Determined by SCE after the issuance of
Meeting the NTP.
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
ro ram changes.
3. Delivery flat files (first draft) to CPM for IR Tool training plus 10 Calendar Days.
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review and approval.
4. Delivery of flat files (final draft) to CPM for
review and approval. IR Tool training plus 10 Calendar Days.
Task 2 - Strategic Plan Goal 4
Strategic Plan Goal 4: Local governments lead their communities with innovative programs for
energy efficiency, sustainability and climate change.
1. Task 2 (Strategic Plan Strategy 4.1): "Adopt a climate action plan, energy action plan or
adopt energy efficient language into another policy document, such as a General Plan, to
reduce community greenhouse gas emissions with a focus on energy efficiency. The climate
action plan will be available to other jurisdictions."
2. Task 2A (Strategic Plan Task 4.1.4): "Conduct the energy efficiency savings analysis for an
annual Greenhouse Gas inventory for the City/ County."
3. Task 2B (Strategic Plan Task 4.1.2): "Customize CAP with energy efficiency language and
data."
Task 2.A - Develop the Baseline Greenhouse Gas Inventory including an Energy Savings
Analysis of the Baseline GHG for Both the Community and Municipal Operations
As part of the Program, Implementer will use both the local government operations protocol and
a community-wide protocol to help develop the baseline GHG inventory. Implementer will also
develop an energy savings analysis based on the baseline GHG inventory for both the
Community and Municipal Operations. Implementer will provide all materials developed under
this task to CPM for review and comment.
1. Report on Status of Implementer or Subcontractor to Support the Task: Implementer
will submit monthly reports to the CPM on the status of hiring the energy and
sustainability Subcontractor and the technical Subcontractor to conduct the baseline
GHG inventory, including an energy savings analysis for the baseline GHG; develop
the energy efficiency chapter of the climate action plan; and coordinate LEED
certification and California Green Building Code training.
2. Assessment and Planning Report for Conducting the Baseline GHG Inventory Including
the Energy Savings Analysis for the Baseline GHG for Both the Community and
Municipal Operations: Implementer will provide a plan to the CPM regarding the
general method and describe the quantitative methodology, data collection effort,
results to be reported and any software programs to be used to develop the baseline
GHG inventory, including the energy savings analysis. Within 2 Calendar Days after
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the issuance of the NTP, SCE will provide the Implementer an assessment and planning
report template to be used by the Implementer in developing this Task 2A.
Draft Report on the Results of the Baseline GHG Inventory Including the Energy
Savings Analysis for the Baseline GHG for Both the Community and Municipal
Operations: Using the methodology reviewed by the CPM, Implementer will conduct
the baseline GHG inventory including an energy savings analysis for the baseline GHG
for both the Community and Municipal Operations, and provide the CPM a draft report
with source files and back-up data.
4. Final Report on the Results of the Baseline GHG Inventory Including the Energy
Savings Analysis for the Baseline GHG for Both the Community and Municipal
Operations: Implementer will provide the CPM with the presentation documents
submitted to the city council and a summary of the discussion with the city council on
the baseline GHG inventory results. Implementer will also provide the CPM the final
report for both the Community and Municipal operations.
Report on Dissemination of the Baseline GHG Inventory Including the Energy Savings
Analysis of the Baseline GHG to the Community: Implementer will provide the CPM
copies of materials that were disseminated to the Community and a description of the
dissemination method.
6. Monthly Status Report: Implementer will provide the CPM a monthly report of all on-
going activities including a list of monthly achievements and outstanding issues.
Task 2.A - Deliverables Due Date(s) -
1. Report on status of Implementer or Monthly to be completed by
Subcontractor to support the Task September 30, 2011 with Invoicing
Requirements (see Task 4)
2. Assessment and planning report for conducting No later than September 30, 2011 with
the baseline GHG inventory including the energy Invoicing Requirements (see Task 4)
savings analysis for the baseline GHG for both
the Community and Municipal Operations
3. Draft report on the results of the baseline GHG No later than January 30, 2012 with
inventory including the energy savings analysis Invoicing Requirements (see Task 4)
for the baseline GHG for both the Community
and Municipal Operations
4. Final report on the results of the baseline GHG No later than February 28, 2012 with
inventory including the energy savings analysis Invoicing Requirements (see Task 4)
for the baseline GHG for both the Community
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and Municipal Operations
5. Report on dissemination of the baseline GHG
inventory and energy savings analysis for the No later than February 28, 2012 with
Invoicing Requirements (see Task 4)
baseline GHG to the Community
6. Monthly status report Monthly with Invoicing Requirements
(see Task 4)
Task 2.B - Develop and Adopt an Energy Efficiency Chapter in a Climate Action Plan for Both
the Community and Municipal Operations
Implementer will develop an energy efficiency chapter in a climate action plan including
proposed GHG reductions, energy efficiency-related GHG mitigation measures, and the resulting
energy savings from meeting the proposed GHG reductions. The energy efficiency chapter will
also include the energy efficiency component of the GHG forecast. Implementer will provide all
materials developed under this task to CPM for review and comment.
1. Assessment and Planning Report for the Development of an Energy Efficiency Chapter
in a Climate Action Plan for Both the Community and Municipal Operations: The
Implementer will provide the CPM with a draft template for the energy efficiency
chapter in a climate action plan and a plan to develop the energy efficiency chapter. The
plan will include a description of the methods to forecast the energy efficiency
component of GHG forecast including the calculations of reductions in GHG emissions
and electricity consumption. The plan will also include a preliminary list of existing
energy efficiency related GHG mitigation programs and potential new energy efficiency
related GHG mitigation measures that will be evaluated in the development of the
energy efficiency chapter of the climate action plan. Within two (2) Calendar Days after
issuance of the NTP, SCE will provide the Implementer an assessment and planning
report template to be used by the Implementer in developing this Task 2B.
2. Draft Energy Efficiency Chapter for the Climate Action Plan for the Community and
Municipal Operations: After the template for the energy efficiency chapter in the
climate action plan has been finalized, Implementer will develop the draft energy
efficiency chapter and the GHG forecast for the energy efficiency component.
Implementer will also develop estimated reductions in GHG emissions and estimated
energy savings from implementing existing energy efficiency related GHG mitigation
programs and for all potential new energy efficiency related GHG mitigation measures.
Implementer will include in the draft energy efficiency chapter initial recommendations
and strategies for reducing electricity consumption and GHG emissions. Implementer
will provide the draft energy efficiency chapter for the Community and Municipal
Operations to the CPM.
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3. Report on Stakeholder Input: Implementer will facilitate multi-stakeholder meetings in
determining a GHG emissions reduction target, proposed energy efficiency-related
GHG mitigation measures and the resulting energy savings. Implementer will describe
how stakeholder input was used to refine the energy chapter in the climate action plan.
For all multi-stakeholder meetings, Implementer will also provide the CPM meeting
date, location and contact information of meeting attendees.
4. Final Energy Efficiency Chapter for the Climate Action Plan for the Community and
Municipal Operations: Implementer will provide the CPM with the final energy
efficiency chapter, the energy efficiency component of the final GHG forecast and the
recommendations to reduce electricity consumption and GHG emissions that were
accepted by the city council.
5. Monitoring Framework for the Energy Efficiency Chapter in the Climate Action Plan
Implementation: Implementer will develop a framework for monitoring the
implementation of recommendations to reduce electricity consumption and GHG
emissions. Implementer will provide the monitoring framework to the CPM.
6. Monthly Status Report: Implementer will provide the CPM a monthly report of all on-
going activities including a list of monthly achievements and outstanding issues.
Task 2 B - Deliverable(s) Due Date(s)
I . Assessment and planning report for the No later than March 31, 2012 with
development of an energy efficiency chapter in Invoicing Requirements (see Task 4)
the climate action plan for the Community and
Municipal Operations
2. Draft energy efficiency chapter for the climate No later than June 30, 2012 with
action plan for the Community and Municipal Invoicing Requirements (see Task 4)
Operations
3. Report on stakeholder input To be completed by September 30,
2012 with Invoicing Requirements
( see Task 4)
4. Final energy efficiency chapter for the climate No later than September 30, 2012 with
action plan for the Community and Municipal Invoicing Requirements ( see Task 4)
Operations
5. Monitoring Framework for the energy efficiency No later than September 30, 2012 with
chapter in a climate action plan Invoicing Requirements (see Task 4)
6. Monthly status report Monthly with Invoicing Requirements
(see Task 4)
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Task 3 - Strategic Plan Goal 5
Strategic Plan Goal S: Local go>>ernment energy efficiency expertise becomes widespread and
typical.
1. Task 3.A. (Strategic Plan Task 5.1): Provide California Green Building Code, and LEED
certification training to city staff, legislative and advisory bodies, the building industry, and
other external partners who are stakeholders.
Task 3.A - Provide California Green Building Code and LEED Certification Training
Implementer will provide California Green Building Code and LEED Certification training to
Implementer's staff and members of legislative and advisory groups. Implementer will also
purchase all materials for the Green Building Code and LEED certification training including
building code related books. Implementer will provide all materials developed under this task to
CPM for review and comment.
Assessment and Planning Report for California Green Building Code and LEED
Certification Training: Implementer will assess available training for LEED
certification and the California Green Building Code. The assessment may include
training provided by US Green Building Council, California Building Officials, SCE,
Everblue Training Institute, CALGreen, and other training providers. Implementer
will consider course content, cost, training schedule and location in deciding the
training offerings. The curriculum will include: 1) Training on the California Green
Building Codes, and 2) LEED certification training. Exam costs, labor costs for staff to
attend the training, and the costs of all training materials are included in the budget for
this Contract. Implementer will also provide an implementation plan including a list of
targeted attendees, quarterly schedule of training events, and a promotional plan to
market the training to Implementer's staff, legislative and advisory groups. Within 2
Calendar Days after issuance of the NTP, SCE will provide the Implementer an
assessment and planning report template to be used by the Implementer in developing
this Task 3A.
2. Implementation Report: Implementer will provide LEED certification training to a
minimum of 100 people and California Green Building Code Training to a minimum of
50 people. Implementer will provide an implementation report including a list of
completed training events, list of attendees, copies of training materials, and list of
attendees that became LEED certified.
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3. Report on Best Practices and Lessons Learned: Implementer will document changes in
Implementer's policies and procedures and building practices resulting from attending
the building training courses.
4. Monthly Status Report: Implementer will provide a monthly report of all on-going
activities including a list of monthly achievements and outstanding issues.
Task 3.A- Deliverable(s) Due Date(s)
1. Assessment and planning report for No Later than December 31, 2011 with
California Green Building Code and LEED Invoicing Requirements (see Task 4)
certification training
2. Provide quarterly schedule of training courses to Quarterly starting March 31, 2012 with
CPM Invoicing Requirements (see Task 4)
3. Implementation report Monthly starting the month after the
first training month with Invoicing
Requirements (see Task 4).
4. Report on best practices and lessons learned Quarterly starting March 31, 2012 with
Invoicing Requirements (see Task 4)
5. Monthly status report Monthly with Invoicing Requirements
(see Task 4).
Task 4 - Invoicing and Reporting
A. IR Tool: After SCE provides Implementer training on the IR Tool, the Implementer will
utilize the IR Tool, which serves three primary purposes:
1. Enables Implementer to provide SCE with required Program information;
2. Provides CPM the capability to access Implementer's Program information and create
reports; and
3. Provides miscellaneous reporting support for SCE's internal and CPUC reporting
requirements.
B. Submission of Information into IR Tool: Implementer will update the IR Tool on a
monthly basis in accordance with requirements delineated in Appendix A (Monthly
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Invoicing and Reporting Requirements). Implementer will work collaboratively with the
CPM in tailoring the flat files for the Program.
C. Monthly Invoicing and Reporting: All required monthly invoice reports can be generated
via the IR Tool. Implementer will be responsible for implementing, adhering to, and the
submission of, the items as described in Appendix A (Monthly Invoicing and Reporting
Requirements) of this Statement of Work. The invoice reporting 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 them.
D. SCE's Regulatory Reporting: Implementer will implement, adhere to, and submit the items
as described in Appendix B (Regulatory Reporting Requirements), as SCE requests. The
CPUC reporting requirements may be amended from time to time, at which 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.
Implementer acknowledges that SCE may, in its sole discretion, require Implementer to
provide such other reports or documentation that SCE deems appropriate or necessary ("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.
Deliverable(s) Due Date(s)
1. Prepare and submit monthly invoices and Monthly, by the 15th Calendar Day for
supporting documentation to SCE. Work completed the preceding month
2. Prepare and submit monthly regulatory Monthly, by the 15th Calendar Day for
report, including flat files and monthly Work completed the preceding month
deliverable work sheet.
3. Prepare and submit quarterly regulatory Quarterly, by the 30`" Calendar Day for
reports (Appendix B) to SCE Work completed the preceding quarter,
through October 31, 2012
4. Prepare and submit Ad Hoc Reports As SCE requests and/or requires
5. Prepare and submit final invoice and By November 15, 2012 for final invoice
Program Report to SCE and by October 31, 2012 for final
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Program Report
Task 5 - Ramp-Down and Shut-Down Program
A. Program Ramp-Down: If there is a gap in Program services after October 15, 2012,
Implementer will provide SCE with a ramp-down plan for 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 described in Tasks 1, 2, 3 and 5 must be completed by October 15, 2012.
Implementer will resolve all outstanding Program issues and begin preparation of the Final
Report beginning September 1, 2012.
B. Program Shut-Down: Implementer will provide to the CPM a plan with procedures on
shutting down the Program.
All Program operations will be completely shut down after the last day of the Contract
effective period.
Deliverable(s) Due Date(s)
1. Submit detailed ramp-down and shut-down plans
and schedules to CPM for review and approval No later than September 1, 2012
2. Resolve outstanding Program issues and begin
preparation of Final Report No later than September 1, 2012
3. Begin Program ramp-down No later than September 1, 2012
4. Complete all services - Tasks 1, 2, 3, and 5 No later than October 15, 2012
Task 6 - 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:
A. Goal Attainment: Documentation that substantiates the Implementer's achievement of 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
Performance Indicators achieved? Complete Program achievement for each Program
Performance Indicator and deliverable indicating the measureable Program accomplishments.
C. Program Challenges: What were the significant obstacles that were overcome?
D. Lessons Learned: Could a Program of this scale have accomplished more?
E. Program Improvement Recommendations: What improvements could have been made to
help the Program be even more successful?
F. Program Next Step: Should the Program a) be mainstreamed, b) continued to be developed
or, c) ended.
Deliverables Due Date(s)
1. Submit draft Final Report for SCE review No later than October 15, 2012
and approval
2. Submit revised Final Report for SCE review The earlier of October 31, 2012 or within 2
and approval weeks of SCE comments
SECTION 6: PAYMENT
A. Payment Terms: The Implementer Budget will utilize 100% time and material based
payments ("T&M payments"). Payment of Implementer's budget will be based on receipt
by SCE of the deliverables set forth herein. All payments will be in 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 budget breakdown set
forth herein. Payment will be based on meeting deliverables and due dates set forth in
Section 5 of this Statement of Work.)
B. Implementer Budget Limit: Under no event will Implementer exceed the total amount
budgeted by SCE for this Contract of $729,928.
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Table 1: Implementer T&M Fully Burdened Hourly Rates:
Fully Burdened
Hourly Rate for years
2010-2012'
% of Total
Implementer Job Function Sluour _ Hours
Energy and Sustainability Consultant (to be
determined through an RFP process)
250.00 N/A
Exec. Director of planning & building 117.95 1.6
Building safety manager 92.93 1.3
Sr. Combination bldg. Inspector 67.29 1.8
Combination building inspector 69.83 2.9
Plumbing inspector 56.93 0.8
Sr. Electrical inspector 64.16 0.9
Sr. Electrical systems specialist 60.87 0.8
Sr. Plumbing/mech. Sys. Specialist 66.25 .9
Deputy building official/ plan check 111.04 1.5
Sr. Plan check engineer 87.87 1.2
Associate plan check engineer 84.31 1.2
Assistant plan check engineer II 78.07 1.1
Permit supervisor 59.50 0.8
Permit technician 49.21 1.4
Planning manager 111.90 1.6
Principal planner 94.52 2.6
Senior planner 76.09 2.1
Associate planner 72.40 4.7
Management analyst 42.06 0.6
Management aide 45.77 0.6
Exec Director of Public Works Agency 129.08 1.8
Admin serv manager 101.60 1.4
City engineer 116.09 1.6
Deputy city engineer 104.04 1.4
Projects manager 71.02 3.6
Public works maintenance manager 105.47 1.5
Assistant engineer ii 78.83 15.8
Senior civil engineer 96.23 15.0
Principal civil engineer 110.19 5.5
Construction inspector I 57.47 2.3
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Construction inspector Il 51.13 0.7
Associate ark and landscape planner 68.11 .9
Assistant traffic operations engineer 72.39 1.0
Assist. Dir of community development 119.18 1.7
Community development district mgr. 82.08 2.2
De ut city manager for development 151.78 2.1
Economic development m r 114.19 1.6
Property rehabilitation Assistant 44.98 0.6
Redevelopment project manager in 76.4 1.9
Redevelopment program Manager 112.86 1.6
Residential construction Specialist 58.36 1.6
Assistant City Attorney 99.9 1.4
Facilities Maintenance Superintendent 100.17 1.4
Senior Management Analyst 67.69 .9
Average Fully Burdened Hourly Rate for All
Staff
S88
100%
Notes:
1
Please refer to Contract Section 10.2.2 for more information on T&M Fully Burdened Hourly
Billing Rates
2 Subcontracted Work shall be charged at the hourly rates actually paid by Implementer, not to exceed
the hourly rates set forth in the Contract for Work performed by the Implementer. Implementer shall
provide Subcontractor invoices for any Implementer's invoice that includes Subcontractor costs.
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Table 2: Implementers Budget Breakdown:
Allowable Cost Item' % $
1) Administration 5% $36,200
2) Marketing/Outreach Costs 1% $7,000
3) Direct Program Costs 94% $686,728
Total Implementer Budget: 1) + 2) +
3) 100% $729,928
Note:
1. Please refer to Appendix B for more information on Allowable Costs.
SECTION 7: PERFORMANCE INDICATORS
SCE will, at a minimum, monitor the Work based on the following Program Performance
Indicators:
A. Progress made against the goals, deliverables, and due dates above;
B. Actual performance versus predicted performance as outlined herein.
Appendix A: Monthly Invoicing and Reporting Requirements
A. Requirements
Monthly hard copy invoices are required at the 15th Calendar Day of each month for Work
completed the preceding month with invoicing supporting files described herein. These
invoices and supporting documents are for Work performed by the Implementer and all
Subcontractors.
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. No Work
except that associated with preparing. the Final Report (bask 6) and final invoice will be
performed after October 15, 2012. Subsequent invoices will only contain expenses associated
with closing out the Program (i.e., administration expenses, etc.) that are not directly tied to
delivery of the Program goals.
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B. Procedures
1. Implementer uploads their Customer flat files into the IR Tool. The IR Tool creates a draft
invoice for Implementer's review.
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:
• Invoice - Hard Copy and electronic copy uploaded into the IR Tool;
• Program Tracking Flat File - Uploaded electronically into the IR Tool;
• Financial Flat File - Uploaded electronically into the IR Tool;
• Monthly Narrative - Hard Copy with invoice submission;
• Deliverable Table - Uploaded electronically.
• Allowable Cost Table (see Appendix B) - Hard Copy with invoice submission;
and
• Supporting documentation - Uploaded electronically into the IR Tool.
3. Upon approval by CPM, the invoice is paid.
C. Monthly Narrative
The monthly narrative will include a discussion on the following Program activities
occurring during the month:
• Administrative activities;
• Marketing activities;
• Direct Implementation activities;
• 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
emphasis on a particular delivery strategy, Program elements discontinued,
Measure discontinued, etc.);
• 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.);
• Changes to staffing and staff responsibilities, if any;
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• Changes to contacts, if any;
• Changes to Subcontractors and Subcontractor responsibilities, if any; and
• Number of Program complaints received, if any.
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Appendix B: Regulatory Reporting Requirements
1. Program Reporting
Implementer will provide SCE with the requisite information on the prior month's activities,
accomplishments and expenditures related to its respective Work obligations, for purposes of
preparing any reports required of SCE by the CPUC including Quarterly 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 follows:
2. Quarterly Report
Implementer will provide SCE with the requisite information to be compiled for the quarterly
portfolio reporting.
2.1. Expenditures for the Program per cost; Section 4, below contains a list of allowable
costs.
a. CPUC authorized budget
b. Operating Budget
c. Total Expenditures
• Administrative Cost
Marketing/Advertising/Outreach Costs
Direct Implementation Cost
2.2. Program Narratives - For the Program, a description of the Program activities
occurring during the quarter.
a. Administrative activities
b. Marketing activities
c. Direct Implementation activities
d. Implementer's assessment of Program performance and Program status (is the
Program on target, exceeding expectations, or falling short of expectations, etc.)
e. Discussion of changes in Program emphasis (new Program elements, less or more
emphasis on a particular delivery strategy, Program elements discontinued,
Measure discontinued, etc.)
f. 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.)
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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2.3. Implementer will provide additional data or information as required by the CPUC.
3. Annual Reports
Implementer will provide SCE with the requisite information to be compiled for the annually
portfolio reporting.
3.1. Expenditures for the Program per cost; Section 4, below contains a list of allowable
costs.
a. CPUC authorized budget
b. Operating Budget
c. Total Expenditures
• Administrative Cost
Marketing/Advertising/Outreach Costs
Direct Implementation Cost
3.2. Program Narratives - For the Program, a description of the Program activities
occurring during the year.
a. Administrative activities
b. Marketing activities
c. Direct Implementation activities
d. Implementer's assessment of Program performance and Program status (is the
Program on target, exceeding expectations, or falling short of expectations, etc.)
e. Discussion of changes in Program emphasis (new Program elements, less or
more emphasis on a particular delivery strategy, Program elements discontinued,
etc.)
f. 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.)
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
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
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.
If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in
order to seek approval from the CPUC.
3/30/2006
Cost Categories Allowable Costs
Administrative Cost Category
Managerial and Clerical Labor
Implementer Labor - Clerical
*Implementer Labor - Program Design T
*InNIementer Labor - Program Development
*Implementer Labor -_Program Planning
*Inplementer Labor - ProgramlProject Management
Implementer Labor - State Management
Implementer Labor - Staff Supervision
Human Resource Support and Development
Implementer Labor- Human Resources
Implementer Labor - Staff Development and Trai
Implementer Benefits - Administrative Labor
Implementer Benefits - Direct Implementation Labor
Implementer Benefits - Marketing/Advertising/Outreach
Labor
Implementer Payroll Tax - Administrative Labor
Implementer Payroll Tax - Direct Implementation Labor
Implementer Payroll Tax - Marketing/Advertising/Outreach
Labor
Implementer Pension - Administrative Labor
Implementer Pension - Direct Implementation Labor
Implementer Pension - Marketing/Advertising/Outreach
Labor
*Travel and Conference Fees
Implementer - Conference Fees
Implementer Labor - Conference Attendance
Implementer - Travel - Airfare
Implementer - Travel - Lodging
Implementer - Travel - Meals
Implementer - Travel - Mileage
Implementer - Travel - Parkin
Implementer - Travel - Per Diem for Misc. Expenses
Overhead (General and Administrative) - Labor and
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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.
If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in
order to seek approval from the CPUC.
3/30/2006
Cost Categories Allowable Costs
Materials
Implementer Equipment Communications
Implementer Equipment Computing
Implementer Equipment Document Reproduction
Implementer Equipment General Office
Implementer Equipment Transportation
Implementer Food Service
Implementer Office Supplies
Impleme ter Postage
Implementer Labor - Accounting Support
Implementer Labor - Accounts Payable
Implementer Labor - Accounts Receivable
Implementer Labor - Facilities Maintenance
Implementer Labor - Materials Management
Implementer Labor - Procurement
Implementer Labor - Shop Services
Implementer Labor - Administrative
Implementer Labor - Transportation Services
Implementer Labor - Automated Systems
Implementer Labor - Communications
Implementer Labor - Information Technology
Implementer Labor - Telecommunications
Marketing/Advertising/Outreach Cost Category
Implementer - Bill Inserts
Implementer - Brochures
Implementer - Door Hangers
Implementer - Print Advertisements
Implementer - Radio Spots
Implementer - Television Spots
Implementer - Website Development
Implementer Labor - Marketing
Implementer Labor - Media Production
Implementer Labor - Business Outreach
Implementer Labor - Customer Outreach
Implementer Labor - Customer Relations
Direct Implementation Cost Cate o
Financial Incentives to Customers
Activity - Direct 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
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.
If there is a desire to include additional Allowable Cost elements, the CPM should be contacted in
order to seek approval from the CPUC.
3/30/2006
Cost Categories Allowable Costs
Implementer Labor - Facilities Audits
-
Implementer Labor -Curriculum Development
Implementer Labor - Customer Education and Trainin
Implementer Labor-Pro ram Development
Implementer Labor-Program/Project Manage nent
Implementer Labor - Customer Equipment Testing and
Diagnostics
Installation and Service - Labor
Implementer Labor - Customer Equipment Repair and
Servicin
Implementer Labor - Customer Equipment Repair and
Servicing
-
Direct Implementation Hardware and Materials
Implementer - Direct Implementation Literature
-
Implementer - Education Materials
-
Implementer - Energy Measurement Tools
-
Implementer - Installation Hardware
-
Implementer -Audit Applications and Forms
-
Rebate Processing and Inspection - Labor and Materials
Implementer Labor - Field Verification
-
Implementer Labor - Rebate Processing
-
Implementer - Rebate Applications
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