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HomeMy WebLinkAbout25E - AGMT - ENERGY AND SUSTAINABILITY SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: AGREEMENT FOR ENERGY AND SUSTAINABILITY CONSULTING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Mariann Long and Associates subject to nonsubstantive changes approved by the City Manager and City Attorney for energy and sustainability consulting services in an amount not to exceed $255,000, and authorize the City Manager to execute amendment(s) to said agreement to increase the Scope of Services and the maximum not to exceed amount to $322,800 if the grant period is extended and funds are available. DISCUSSION The California Public Utilities Commission (CPUC) recently made Local Government Strategic Plan funding available to those cities with an existing Energy Efficiency Partnership with Southern California Edison (SCE). The grant is to advance the goals found in the CPUC's Long-Term Energy Efficiency Strategic Plan. The City was awarded $729,928 for the completion of various tasks. The first task is to contract with an energy consultant to coordinate the various activities identified in the grant, centered in energy efficiency. The consultant will serve as an internal resource for energy efficiency and climate protection program implementation, research funding opportunities, facilitate multistakeholder dialogue, and provide all data and reporting required by the grant. The consultant will also oversee a separate technical consultant that will develop a governmental and community baseline study of greenhouse gas emissions, emissions reduction target, and climate action plan. Finally, the consultant will survey and coordinate local training for California Green Building Codes and Leadership in Energy and Environmental Design (LEED) accreditation for governmental stakeholders. At the October 18, 2010 Council meeting, staff received authorization to issue a Request for Proposals. However, the agreement for funding with SCE was not finalized and approved by Council until June 20, 2011. 25E-1 Agreement for Energy and Sustainability Consulting Services September 6, 2011 Page 2 The RFPs were issued on June 29, 2011. Below is a summary of the proposals solicited, and those received: 21 Request for Proposals mailed 0 Request for Proposals mailed to Santa Ana vendors 4 Proposals received 0 Proposals received from Santa Ana vendors The ratings and proposed costs for the four proposals received are as follows: NAME OF RESPONSIVE BIDDER RATING COST Mariann Lon and Associates 85 $255,000 Krout & Associates 85 $320,545 Zinner Consultants 83 $258,000 First Carbon Solutions 76 $243,000 The proposals and subsequent interviews were conducted by a team from the Public Works, Finance and Management Services, and Planning and Building Agencies. The consultants were evaluated according to their experience, past performance, responsiveness and cost. Mariann Long and Associates received one of the two highest average scores of 85 and staff recommends that Mariann Long and Associates be retained for these services. The agreement term coincides with the current SCE grant period which extends through November 30, 2012 at a not-to-exceed cost of $255,000. However, it is anticipated that SCE will extend the grant period for an additional year. Should that occur, this agreement will be extended to coincide with the revised grant ending date at a not-to-exceed cost of $322,800. FISCAL IMPACT The Public Utilities Commission has approved a not-to-exceed allocation of $322,800 for these strategic plan strategies. This money will remain with SCE and costs will be reimbursed to the City by SCE. Funds will be expended from the Public Works Administration activity for Contract Services - Professional accounts (accounting unit 10117601-62300). aul Godinez II Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency RG/CK Exhibit 1: Agreement 25E-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6`h day of September, 2011 by and between Mariann Long and Associates, a sole proprietor (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of energy efficiency, sustainability and greenhouse gas emission reduction. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that she is knowledgeable in her field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide energy efficiency and sustainability consulting services including, but not limited to, 1) coordinate the services of technical consultants to develop a baseline green house gas inventory and climate action plan; 2) coordinate California Green Building and LEED Certification training for staff and committee/commission members; and 3) coordinate and lead the implementation of tasks, including all reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison; as set forth in Exhibit A, attached hereto and incorporated by reference. Upon award of this Agreement, Consultant shall prepare a timeline setting forth the tasks required pursuant to this Agreement, the deliverables associated with each subtask, and the compensation for the completion of each subtask and the associated deliverable. City may revise said timeline and deliverable schedule. However, when the parties have agreed to the final document, any subsequent changes may be made only upon the mutual agreement of the parties. Said timeline and deliverables shall be attached to this Agreement as Exhibit A-1 and incorporated by reference. 2. CONTRACT EXCEPTIONS The City has been approved for grant funds of $322,800 to complete the services outlined herein. However, funding for this project is subject to the California Public Utilities Commission's Long-Term Energy Efficiency Strategic Plan funding which currently expires November 30, 2012. During the initial term, from time of execution of this Agreement through November 30, 2012, Consultant will oversee 1) the coordination and implementation of the Baseline Green House Gas Inventory; 2) the preparation and development of a Climate Action Plan; and 3) the Green Building and LEED training during the term of this Agreement. If the Exhibit 1 25E-3 funding deadline is extended, Consultant shall utilize the entire grant amount of $322,800, to complete all services required to prepare and begin implementation of the Climate Action Plan, as set forth in Exhibit B. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, Fee Proposal. The total sum to be expended under this Agreement shall not exceed $255,000 during the initial term of this Agreement. If Long- Term Energy Efficiency Strategic Plan funding is extended, Consultant agrees to accept the not to exceed maximums set forth in Exhibit B, for the completion of the Climate Action Plan. In such case, the total amount for all services provided pursuant to this Agreement shall not exceed $322,800. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. WORK PRODUCT Consultant represents and warrants the Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 5. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2012, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 6. INDEPENDENT CONTRACTOR 2 25E-4 Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability Insurance will not be required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is a professional, such as architect or engineer, professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25E-5 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 4 25E-6 With courtesy copies to: and Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5069 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Mariann Long and Associates P.O. Box 15381 Irvine, California 92623-5381 telefacsimile (949) 559-8500 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25E-7 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 25E-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager MARIANN LONG & ASSOCIATES APPROVED AS TO CONTENT: RAUL GODINEZ, II Executive Director of the Public Works Agency MARIANN LONG Director Tax ID# 7 25E-9 EXHIBIT A SCOPE OF SERVICES ENERGY AND SUSTAINABILITY CONSULTANT The City of Santa Ana has implemented a number of programs aimed at reducing the City's carbon footprint, including retrofitting its municipal facilities, purchasing alternative energy vehicles, offering incentives for the installation of solar energy, and entering into an Energy Efficiency Partnership with Southern California Edison. Notwithstanding the progress made on these initiatives, a comprehensive, coordinated strategy is needed to meet legislative mandates and to position the City to move forward in its climate protection efforts. The City has received funding from Southern California Edison (SCE) to conduct strategic planning activities centered on energy efficiency and addressing the strategies that are related to local government goals found in the California Public Utilities Commission's Long-Term Energy Efficiency Strategic Plan. The City does not have the resources internally to coordinate development of a comprehensive plan. Thus the City is interested in utilizing the services of a consultant, funded by the SCE grant, to: • Serve as an internal resource for energy efficiency and climate protection program implementation; research funding opportunities for program implementation; interface with a number of individuals on the city's team to develop programs; facilitate multi- stakeholder dialogue. • Oversee a separate third-party consultant's development of a governmental and community baseline study of green house gas emissions, emissions reduction target, and Climate Action Plan. • Survey and coordinate local training for California Green Building Codes and LEED accreditation for governmental stakeholders. • Provide all reporting and data required by the Grant. ESSENTIAL CHARACTERISTICS AND REQUIRED EXPERTISE Provision of consulting services required under this scope of work will require a high level of expertise. Key outcomes or tasks are included in the scope of work. The City will only consider an experienced, highly qualified consultant. If your response to this recruitment is through a team effort, it is critical that your proposal address how the various members of your team will be united in effort. The work performed by the selected consultant will be coordinated with and subject to the requirements of the City's energy partnership. Extensive experience in the areas of climate protection programs (energy conservation, social equity, environmental and economic) and policies are required. Specifically, the consultant must have experience developing, implementing, and evaluating environmental and energy efficiency programs in local government. 25E-10 The selected consultant(s) needs to communicate effectively - orally and in writing - with City Council members, City staff, attorneys, developers, property owners, business owners, consultants, engineers, contractors, accountants, appraisers, planners, the general public, and other city, state, county or federal personnel to share information, provide direction, and influence outcomes. Knowledge of the following programs are required: energy conservation practices and environmental regulations related to energy management; renewable energy sources, green construction methods; long-range strategic planning; project management; energy plan design and development; various energy-related codes; regulations and laws; utility and energy programs sponsored by federal, state and regional agencies and departments; related education and training programs. The selected consultant will be skilled in the development of plan designs and specifications related to environmental and energy-management programs and services, overseeing a variety of studies and interpreting data derived from same, constructing plans and programs from concept to implementation and establishing reporting systems for tracking accomplishments. SCOPE OF WORK 1. Serve as an internal resource for energy efficiency and climate protection program implementation The consultant will be the energy efficiency expert resource and interface with a variety of individuals within the City team. Consultant will assist in facilitating multi-stakeholder dialogue and will assist in prioritizing implementation of CAP measures. Consultant will research various funding opportunities to ensure the implementation feasibility of the recommended measures within the CAP and will guide staff in program implementation. Consultant will assist with coordination of energy efficiency programs. ILA Oversee preparation and implementation of Baseline Green House Gas Inventory (to be separately contracted) The baseline GHG inventory will provide comprehensive and accurate data about the community's existing carbon footprint, emission sources, and emissions forecast. The information will assist the City of Santa Ana in identifying which actions will be most effective for reducing emissions and establish goals for the City's Climate Action Plan. During this task, a baseline inventory will be developed for (1) emissions associated with local government operations, and (2) emissions associated with all activities taking place within the community. o Municipal Operations GHG Inventory Emissions from municipal operations include carbon dioxide (C02) and other GHG emissions attributed to fuel use in City-owned vehicle fleets (including police cars and maintenance vehicles), electricity use, and solid waste management. Emissions associated with Santa Ana streetlights, traffic signals, and water distribution systems will also appear on the municipal GHG inventory. The municipal inventory will be developed in accordance with the most recent version of the Local Government Protocol as established by the California Air Resources Board. o Community-wide GHG Inventory 25E-11 All GHG emissions occurring within City boundaries will be included in the communitywide inventory. The community-wide inventory will be developed in accordance with industry accepted protocols and best-practices. The baseline study will be performed over a series of months: during the 4`" quarter 2011 and the 1 St quarter 2012. Deliverables will include a Greenhouse Gas Emissions Inventory Report, source files and backup data. II.B Oversee preparation and implementation of Municipal Climate Action Plan (to be separately contracted) A Climate Action Plan which provides a comprehensive and integrated strategy of energy efficiency and climate protection will be developed specifically for the City of Santa Ana. The process will include developing an implementation framework for adoption of a citywide Climate Action Plan which includes multi-stakeholder involvement and public input. Analysis and Recommendations for an Emissions Reduction Target The analysis will present emissions reduction target recommendations for municipal operations and the community as a whole. The target recommendations will be based on California's AB 32, the Kyoto Protocol, and the Western Climate Initiative. The proposed emissions target will also be in alignment with regional goals for reducing transportation- related emissions, as required by SB 375. 2. Emissions Reduction Measures Evaluation An analysis that quantifies the impact of various proposed reduction measures will be conducted to help identify which measures are most suitable for the City of Santa Ana. This task also requires gaining familiarity with the City of Santa Ana's municipal operations, ordinances, land use policy, general plan, specific plans, and existing environmental programs to determine additional opportunities for emission reduction strategies. Measures considered will include reduction strategies for both internal government operations and community activities. Evaluation criteria will include, but not be limited to, estimated emissions reductions, cost, implementation time, and ease of implementation (relative to other actions). Implementation and Monitoring Framework Based on quantitative and qualitative results of the analysis and evaluation, the consultant shall assist the City of Santa Ana in prioritizing measures and developing an implementation timeline that will allow the City to meet its long-term emissions targets and work within the City's budget limitations. Methodology to track, monitor, and measure progress will also be developed. The Climate Action Plan will be developed and customized for the City of Santa Ana: during the 2nd quarter 2012 through the third quarter 2012. A finalized Climate Action Plan document is deliverable at the end of the contract term. III. Coordinate California Green Building Code and LEED Certification Training The City of Santa Ana seeks to provide a higher level of internal expertise and to increase the level of energy efficient design and expertise in the building industry. The consultant will survey training available in the marketplace and be responsible for coordinating California Green 10 25E-12 Building Code and LEED certification training to city staff, legislative and advisory bodies, and other governmental stakeholders. LEED training and accreditation exams will be coordinated through established providers for up to 100 individuals and California Green Building Code training will be coordinated for up to 50 individuals. California Green Building Code and LEED training and accreditation coordination services will be delivered continuously from 4t" quarter 2011 through 3rd quarter 2012. Provide all reporting and data required by the Grant. Monthly, quarterly and annual reporting to SCE and for the CPUC will include invoicing, program tracking, financial information, and supporting documentation. A narrative update will include a discussion on administrative, marketing and direct implementation activities, an assessment of program performance, and any program changes. Requirements for these reports may change per the direction of SCE, the CPUC or the CPUC's Energy Division. 11 25E-13 EXHIBIT B FEE SCHEDULE ENERGY AND SUSTAINABILITY CONSULTING RATES CONSULTANT HOURLY RATES * Principal in Charge $155.00 Analyst $ 60.00 II. TASKS - PHASE I Task 2A: Oversee preparation and implementation of a Municipal Operations and Community- wide baseline Green House Gas Inventory to be developed by a separately contracted technical consultant. Deliverables will include: • Report on Status of contractor to perform the task. • Coordinate assessment and planning report for conducting the baseline Green House Gas Inventory including the energy savings analysis for the baseline GHG Inventory. • Coordinate and disseminate draft report on the results of the GHG Inventory including the energy savings analysis of the baseline GHG. • Coordinate and disseminate final report on the results of the GHG Inventory including the energy savings analysis of the baseline GHG. • Report on dissemination of the baseline GHG Inventory including the energy savings analysis of the baseline GHG. • File monthly status reports as required by City, SCE and/or CPUC. Task 2B: Oversee preparation and development of Citywide Climate Action Plan to be developed by a separately contracted technical consultant. Deliverables will include: • Coordinate and oversee Assessment and Planning Report for the development of a Citywide Climate Action Plan. • Coordinate and oversee draft Climate Action Plan pursuant to Council timeframe and direction between September 2011 and November 2012. • Coordinate, oversee and report on stakeholder input pursuant to Council timeframe and direction between September 2011 and November 2012. • Coordinate and oversee Final Climate Action Plan pursuant to Council timeframe and direction between September 2011 and November 2012. • Coordinate and oversee monitoring framework for Climate Action Plan. • File monthly status reports from September 2011 through November, 2012 as required by City, SCE and/or CPUC. Task 3: Coordinate California Green Building Code and LEED Certification Training. Deliverables will include: • Coordinate assessment and planning report on California Green Building Code and LEED Certification Training. • Develop quarterly training schedule. • Coordinate, oversee and report on stakeholder input. • Report on best practices and lessons learned 12 25E-14 • File monthly status reports as required by City, SCE and/or CPUC. MAXIMUM TASK AMOUNT September 6, 2011 - November 30, 2012 Not-to-exceed budget for Task 2A of the Agreement with SCE in combination with Exhibit A ** $ 80,000 Not-to-exceed budget for Task 2B1 of the Agreement with SCE in combination with Exhibit A ** $135,000 Not-to-exceed budget for Task 3 of the Agreement with SCE in combination with Exhibit A ** $ 40,000 Total Fee Proposal $255,000 *Fixed hourly rates are inclusive of all of Consultant's subcontractor costs, over-head costs (including all taxes and insurance), administrative and general fees, and profit. **Task budget includes reporting requirements. 13 25E-15 Extension Period Option Should the contract be extended for the period of December 1, 2012 - November 30, 2013, the following Tasks would be implemented: Task 2B2: Oversee completion of any remaining work and coordination of beginning work on development of Citywide Climate Action Plan. Deliverables will include: • Coordinate the completion of any remaining work on the Climate Action Plan pursuant to Council timeframe and direction between December 2012 and November 2013. • Coordinate the completion of any remaining work on development of a monitoring framework for Climate Action Plan. • Determine annual targets for GHG emission reductions that coordinate with the climate action plan; coordinate and implement procedures to track annual GHG inventory for public and City use. • Determine effective media venues to market the climate action plan and Energy Efficiency Programs and assist in marketing and outreach efforts to increase program participation to the appropriate audiences. • File monthly status reports from December 2012 through November 2013 as required by City, SCE and/or CPUC. Task 2B3 • Assist staff in determining appropriate energy efficiency programs and projects for city facilities and the community to decrease energy use and GHG emissions. • Provide the City with an assessment of programs that should be first implemented based on a cost/benefit analysis. • Coordinate stakeholder meetings and obtain input from public, city council, committees and staff on climate action plan and energy efficiency programs/objectives. • Coordinate and educate city departments, organizations, businesses, and public that may be impacted by the recommendations outlined in the climate action plan. • File monthly status reports as required by City, SCE and/or CPUC, of all ongoing activities including a list of monthly achievements and outstanding issues. MAXIMUM TASK AMOUNT Not-to-exceed budget for Task 2132 of the Agreement with SCE in combination with Exhibit A ** $ 20,400 Not-to-exceed budget for Task 2133 of the Agreement with SCE in combination with Exhibit A ** $ 47,400 Total fees for extension period $ 67,800 *Fixed hourly rates are inclusive of all of Consultant's subcontractor costs, over-head costs (including all taxes and insurance), administrative and general fees, and profit. **Task budget includes reporting requirements. 14 25E-16