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HomeMy WebLinkAboutAgenda Report - November 19, 2014 C-11AGENDA ITEM c-ll Crrv or Lou CouNcrr CovrMUNrcATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Efficiency Services Group, LLC of Hillsboro, Oregon for Public Benefits Program Administration ($90,000) November 19,2014 Electric Utility Director RECOMMENDED ACTION BACKGROU N D I NFORMATION Adopt a resolution authorizing the City Manager to execute a professional services agreement with Efficiency Services Group, LLC (ESG) for Public Benefits Program Administration in an amount not to exceed $90,000. ln June 2014 by Resolution 2014-97, the City Council approved a six month contract with ESG for Public Benefits Program administration in an amount not to exceed $50,000. Since July 2014, ESG has successfully developed new and improved customer rebates for Lodi's residential and commercial customers as well as implemented a clear tracking system for rebates processed to date to ensure accurate recordkeeping for necessary reporting requirements. ln addition, ESG has conducted multiple site visits and energy assessments for some of the Electric Utility's (EU) larger commercial accounts interested in implementing additional energy efficiency improvements. Finally, ESG has initiated the effort to assist EU staff with development of a Solar Guidebook to better define the policies and procedures associated with solar rebates and installations. Because ESG provides similar services for other utilities, the EU is able to realize cost savings associated with the contract as many costs are spread amongst all participating utilities. The City recently hired a new Business Development Manager, who is currently working with EU staff and ESG to learn the more technical aspects associated with energy efficiency policy, guidelines and reporting requirements. lt is therefore recommended that ESG continue to provide complete turnkey public benefits program administration services for one additional year, through December 2015, in an effort to ensure adequate training on the work necessary to ensure EU compliance with energy efficiency funding and reporting. This next year will provide a complete cycle of reporting for ESG to train the new Business Development Manager, after which time the need for ESG's services will be re-evaluated. Staff recommends executing a contract for a period of one year in an amount not to exceed $90,000, with a one-year renewal option. The cost includes monthly services of $6,500 plus not-to-exceed monthly expenses of $500 for a total of $84,000. The additional $6,000 will only be expended if necessary should the EU request additional outside energy engineering services to assist with customer inquiries for custom energy conservation project evaluations. APPROVED hen , City Manager Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Efficiency Services Group, LLC of Hillsboro, Oregon for Public Benefits Program Administration ($90,000) November 19,2014 Page 2 of 2 FISCAL IMPAGT:Not to exceed $90,000 FUND| NG AVAILABLE: lncluded in the FY2014115 Budget Account No. 50465001.72450 Jordan Deputy City Manager/lnternal Services Director EI Electric Utility Director PREPARED BY: Melissa Price, Rates & Resources Manager EAI(/MP/ke AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on ,2014, by and between the CITY OF LODI, a municipal corporation (hereinafter "C|TY"), and Efficiency Services Group (herei nafter "CONTRACTOR'). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Public Benefit Program Administration (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Gommencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as othenruise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetinqs CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffinq CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to othen¡rise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can pedorm all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section2.S Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on January 1,2015 and terminates upon the completion of the Scope of Services or on December 31, 2015, whichever occurs first. Section 2.7 Option to Extend Term of Aqreement The City may exercise an option to extend this Agreement one (1) additional year, provided, City gives Contractor no less than 3O-days written notice of its intent prior to the expiration of the existing term. ln the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. ARTICLE 3 COMPENSATION Section3.l Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Pavment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otheruvise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditins CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section4.l Nondiscrimination ln performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance ln performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 lndemnification and Responsibilitv for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. lf CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liabilitv Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibilitv of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRAGTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assiqns CITY and CONTRACTOR each bind themselves, their paÉners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY:City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Adam Brucker, Business Development Manager To CONTRACTOR: Mark Gosvener Efficiency Services Group 5605 NE Elam Young Parkway Hillsboro, OR 97124 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 GONTRACTOR is Not an Emplovee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by GONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentialitv CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent othenruise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law. Jurisdiction, Severabilitv. and Attornev's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. lf any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. ln the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 Gitv Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Gaptions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 lntegration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severabilitv The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authoritv The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundinq Conditions n lf the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. lN WITNESS WHEREOF, CITY and GONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: JENNIFER M. ROBISON City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney STEPHEN SCHWABAUER City Manager EFFICIENCY SERVICES GROUP Name: MARKGOSVENER Title: CHIEF OPERATING OFFICER By: Attachments: Exhibit A - Scope of Services ExhibitB-FeeProposal Exhibit C - lnsurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 164604.7323 (Business Unit & Account No.) Doc lD: CA:Rev.07.2014 EXHIBIT A SCOPE OF WORK Program Administration Office Maintain program hotline to address customer/contractor inquiries regarding Lodi's EE and Renewable programs; the hotline will be staffed 8:00 am - 5:00 pm, Monday through Friday Manage residential and commercial EE rebate programs, including review of all customer/contractor rebate applications and project documentation to ensure compliance with LEU program specifications and requirements Manage residential and commercial Solar PV Program; including review of all customer/contractor rebate applications and project documentation to ensure compliance with LEU and SB1 program specifications and requirements Enter all customer rebates and project details into database Provide Lodi with monthly activity reports which include:- Program Summary (current month, YTD, PTD),- Measure Summary (current month),- Customer/Measure Detail (current month)- Customer Rebates (current month) Maintain all customer/contractor applications and required project documentation for EM&V and other compliance requirements Field . Provide all aspects of field support (audits/inspections) required to assure LEUs EE programs are in compliance with requirementso Conduct on-site performance inspections of all solar PV systemso Provide basic technical guidance and assistance to customers and contractors participating in LEU's programs o Maintain allfield records and required project documentationo Conduct on-site energy evaluation assistance (if needed) for LEU's larger customers to help determine feasibility/eligibility for participation in LEU's rebate programs Requests for field visits will be scheduled in a way that provides timely response to customer/contractor requests, while maximizing the use of the field technician's time. ESG will plan to make a field technician available to LEU customers every one to two weeks. Field support will be performed by knowledgeable, experienced field technicians. For the services performed under this Agreement, it is assumed that Energy a a Engineer credentials are not required for field technicians. Energy engineering services can be provided through ESG; however, those services do not fall under the scope of this Agreement. Third Party Confractor Oversight ESG will provide oversight of LEU's third party program contractors, including: . Review of contractor's deliverables/responsibilitieso Review of contractor's project documentation/reports submitted to LEU to ensure that work is complete, accurate and compliant with program requirements. Coordinate with contractors and LEU's PB manager to resolve any questions or issues that arise Coordination with LEU ESG's Program Manager will meet monthly with LEU's PB Manager to report on program activity and address any questions or issues, as well as discuss future program developments. Budget and Goal Tracking ESG will track and report PB expenditures to LEU in order to assure that sector budgets are not exceeded, as well as track and report energy savings acquired and progress towards LEU's AB2021goals. NCPA Representation ESG has been regularly attending NCPA Public Benefit Sub-Committee meetings on behalf of our NCPA client utilities for over ten years. ESG staff, NCPA staff and other NCPA members are well known to each other. ESG will represent Lodi at the monthly NCPA Public Benefit Sub-Committee meetings, as well as respond to inquiries from NCPA regarding Lodi's EE and Renewable programs. Data Management ESG maintains a database that is used to process rebates as well as report EE and Renewable program activity for all of our client utilities. LEU can opt to use ESG's database at no additional charge. ESG's database functions very well in capturing, managing and reporting program activity in order to respond to CEC and utility budgeting/reporting needs. Page | 1 Legislative Requirements ESG stays current on existing and proposed legislation regarding PB funding, energy efficiency, and renewable programs in order to assure that our utility clients remain in compliance with requirements. ESG also stays current on the CEC's reporting requirements, as well as any changes to reporting tools. ESG will provide LEU with all data and draft narratives required to meet legislative/CEC reporting requirements for EE and Renewable programs. ESG Office Locations ESG will establish an office in Rocklin, CA to assure we have the ability to respond to customer/contractor needs in a timely manner. Our Rocklin office will maintain experienced field staff and office support staff. Rocklin is located approximately one hour from Lodi. ln addition, some services under this Agreement will be performed by staff located in ESG's main office which is located in Milwaukie, OR. ESG Sub-Contractors ESG plans to partner with Optimized Energy and Facilities Consulting, lnc. (OEFC) to deliver the services in this Agreement. OEFC is located at5734 Lonetree Blvd, Rocklin, CA 95765. OEFC is an energy engineering firm, and currently assists LEU with their annual E3/S81037 energy efficiency data input and reporting. This service will now be provided under this existing service contract. ESG has a strong working relationship with OEFC, and has partnered with them to provided energy efficiency services to several California POUs for over ten years. ESG plans to lease office space from OEFC at their Rocklin, CA headquarters. OEFC will provide administrative support staff and technical field staff to perform services under this Agreement. ln addition, ESG's office space at OEFC will provide a local mailing address for Lodi customers/contractors to submit paperwork. Under this Agreement, OEFC will be a subcontractor to ESG. Implementation Timeline ESG anticipates that we have the capability to immediately assume the responsibilities described in this Agreement. Page l2 EXHIBIT B COMPENSATION Pricing Turnkey Program Administration (Ongoing) - ESG will bill an ongoing fee of $6,500 per month for the services listed in this section of Exhibit A. This includes up to three days per month of field support; additional field support will be billed at $60 per hour. Expenses - ESG will bill for reimbursable travel expenses (including mileage at the current Federal rate), not to exceed $500 per month. Energy Engineering Services - ln the event that ESG or LEU deems it necessary to use technical specialists (other than ESG staff or OEFC non-engineering staff) for large commercial or industrial customers, the fees will be in addition to the standard fees listed above. ESG will obtain LEU's approval prior to work beginning and the associated fees will be billed separately from the standard fees on ESG's monthly invoice. Billing and Payment Terms ESG will submit monthly invoices to LEU for the (ongoing) turnkey program administration services and reimbursable travel expenses incurred during the invoice period. Fees for specialized technical services will be billed separately and submitted upon completion of the services. ESG's payment terms are Net 30 days. ln the event that LEU discovers an invoice discrepancy, we ask to be notified within 5 days of receipt of the invoice. ESG will then correct any discrepancies and submit a revised invoice within 5 days of receiving notification from LEU. EXHIBIT C lnsurance Requirements for Gonsultant The Consultant shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Consultant and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Consultant's operations under this Agreement, whether such operations be by Consultant, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILIry $1,000,000 Each Occurrence $2,000,000 Aggregate 2. COMPREHENSIVEAUTOMOBILELIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non-hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 0'l 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage. 3. PROFESSIONAL LIABILIry / ERRORS AND OMISSIONS $1,000,000 Each Occurrence All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SlR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. lnsurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfìed by either the Named lnsured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Consultant; whichever is greater. Consultant agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certifìcate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named lnsured Endorsement Pursuant to a separate endorsement (lSO form CG 2010 (11185) or equivalent form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, offìcers, agents, employees, and volunteers as additional named insureds. (b) Primary and Non-Contributory Insurance Endorsement Additional insurance coverage under the Consultant's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the 9Iü..19LLI99! must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring. Page I I of2 pages Risk: rev.03.2014 lnsurance Requirements for Gonsultant (continued) (c) Limits of Coveraqe The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Consultant shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (d) CompletedOperationsEndorsement For three years after completion of project, a certifìcate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (e) Severabilitv of lnterest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (Ð Notice of Cancellation or Chanqe in Coveraqe Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, cA 95240. (S) Continuitv of Coveraqe All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days pr¡or to the expiration of each insurance policy, Consultant shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Consultant shall provide proof of continuing insurance on at least an annual basis during the Term. lf Consultant's insurance lapses or is discontinued for any reason, Consultant shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Complv lf Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Consultant shall reimburse the CiÇ for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Consultant of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Consultantshall paysuch reimbursementand interest on the first (1s') day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Consultant fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Consultant shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified lnsurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, Vl" by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and othen¡vise meet City requirements. Workers Compensation lnsurance The Consultant shall take out and maintain during the life of this Agreement, Worker's Compensation lnsurance for all of Consultant's employees employed at the site of the project and, if any work is sublet, Consultant shall require the subcontractor similarly to provide Worker's Compensation lnsurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. ln case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Consultant shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The Gity reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page2 | of2 pages Risk: rev.03.2014 RESOLUTION NO. 201 4-207 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITYMANAGERToEXECUTEAPRoFESSIoNALSERVICES AGREEMENT WITH EFFICIENCY SERVICES GRoUP, LLc, FoR PUBLIC BENEFITS PROGRAM ADMINISTRATION ======================================================================== WHEREAS, in June 2014 by Resolution 2014-97, the City Council approved a six month contract with ESG for Public Benefits Program administration, in an amount not to exceed $50,000; and WHEREAS, ESG has successfully developed new and improved customer rebates for Lodi's residential and commercial customers, as well as implemented a clear tracking system for rebates processed to date to ensure accurate recordkeeping for necessary reporting requirements; and WHEREAS, ESG has conducted multiple site visits and energy assessments for some of the Electric Utility's (EU) larger commercial accounts interested in implementing additional energy efficiency improvements; and WHEREAS, ESG has initiated the effort to assist EU staff with development of a Solar Guidebook to better define the policies and procedures associated with solar rebates and installations; and WHEREAS, it is recommended that ESG continue to provide complete turnkey Public Benefits program administration services through December 2015 and train the City's newly-hired B-usiness Development Manager on the work necessary to ensure EU compliance with energy efficiency funding and reporting; and WHEREAS, this next year will provide a complete cycle of reporting for ESG to train the new Business Development Managei, after which time the need for ESG's services will be re-evaluated. NOW, THEREFORE, BE lT RESOLVED that the Lodi city council hereby authorizes the City Manager to Execute a Professional Services Agreement with Efficiency Services Group, il-C, of-H¡llsboro, Oregon, for Public Benefits Program Administration in an amount not to exceed $90,000, with a one-year renewal option. Dated: November 19,2014 ======-= I hereby certify that Resolution No. 2014-207 was passed and adopted by the City Council of the City of iodi in a regular meeting held November 19, 2014, by the following vote: AYES COUNCIL MEMBERS -Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian None None None NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - J ERM 2014-207 Clerk OBISON