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HomeMy WebLinkAboutAgenda Report - May 18, 2022 C-10CITY O F •�r F r�/ M r CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM 0 W'/ C) AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Three -Year Professional Services Agreement with One -Year Renewal Option with Efficiency Services Group, LLC of Hillsboro, OR for Energy Efficiency Services, Electric Vehicle Strategy Program Services, CARE Assistance Services, and Program Administration ($1,063,760) MEETING DATE: May 18, 2022 PREPARED BY: Business Development Manager RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a three-year Professional Services Agreement with a one-year renewal option with Efficiency Services Group, LLC of Hillsboro, OR for energy efficiency services, electric vehicle strategy program services, CARE assistance services, and program administration in an amount not -to -exceed $1,063,760. BACKGROUND INFORMATION: Since 2014, Efficiency Services Group, LLC (ESG) has provided turnkey services to help Lodi Electric Utility (LEU) customers achieve energy efficiency savings. Those services include: • Performing residential snapshot energy audits and direct installation of energy efficient devices • Reviewing and approving customer rebate applications for eligible equipment • Performing energy savings analyses and consultation for commercial and industrial customers • Serving as a direct point of contact with all applicants and customers for provided services • Monitoring state and federal energy efficiency related legislative and regulatory changes • Representing LEU at various NCPA working group and committee meetings Completing energy efficiency annual compliance reporting, as required by state law The current Professional Services Agreement (PSA) executed in 2019 expires on June 30, 2022 after a two- year term and a one-year renewal option. Since 2014, the energy efficiency program administration provided by ESG has delivered $4.5 million in rebates to 3,846 residential customers and 271 businesses in Lodi. The program has generated over 19 million kilowatt hours of energy savings - enough to power over three thousand homes in California for one year. In addition to the services described above, the new proposed contract includes developing and implementing a new pilot electric vehicle (EV) rebate program as authorized by the City Council on April 20, 2022. APPROVED: Steve $C h wa b a u e r Stephen Schwabauer, City Manager Adopt Resolution Authorizing City Manager to Execute Three -Year Professional Services Agreement with One -Year Renewal Option with Efficiency Services Group, LLC of Hillsboro, OR for Energy Efficiency Services, Electric Vehicle Strategy Program Services, CARE Assistance Services, and Program Administration ($1,063,760) May 18, 2022 Page 2 Funding for each year of the proposed contract is provided below. It is important to note that over the proposed contract period, the only cost increase is a small inflationary adjustment of 2.5 percent per year for program administration. The average annual cost of the contract is approximately $266,000. This compares to approximately $237,000 for the current contract which expires June 30, 2022. The increase is attributed to an estimated increase in the number of customers to be served by the direct install program, increased scope of services associated with a new pilot EV rebate program, and small increase in monthly program administration fees. Activity Year 1 Year 2 Year 3 Year 4 (Optionpil EV Program Set -Up $1,500 Administration $94,200 $97,170 99,599.25 $102,089.23 Travel $9,600 $9,600 $9,600 $9,600 CARE $2,700 $2,700 $2,700 $2,700 Direct Install $150,000 $150,000 $150,000 $150,000 Marketing $5,000 $5,000 1 $5,0001 $5,000 Total $263,000 $264,4701 $266,899.25 1 $269,389.23 ESG provides many of the same services to NCPA members, and as a result, members, including LEU benefit from economies of scale where costs are shared. Equally important are the efficiencies realized in terms of mandatory State compliance reporting provided by ESG for all NCPA member agencies. ESG has consistently demonstrated its superior efficiency and effectiveness in the field, its ability to keep secure confidential customer data, its expertise in the energy industry, its responsiveness to the needs of LEU and its customers and continues to maintain an excellent working relationship with LEU staff as well as key commercial and industrial customers as it relates to both short and long term energy efficiency projects and goals. Therefore, in accordance with Lodi Municipal Code, Section 3.20.070, staff requests that City Council waive the bid process and authorize approval of the PSA with ESG as LEU's energy services administrator as outlined above. FISCAL IMPACT: Total not -to -exceed cost of $1,063,760 for the proposed three-year agreement with a one-year renewal option. FUNDING AVAILABLE: Funding will be included each year in the Public Benefits Fund 504 as part of the annual budget process starting in Fiscal Year 2022/23. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Astrida Trupovnieks Astrida Trupovnieks Business Development Manager AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Efficiency Services Group, LLC, an Oregon limited liability company authorized to do business in California (hereinafter "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 1) energy efficiency services, 2) electric vehicle strategy program services, 3) CARE assistance services and 4) 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 Commencement 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 otherwise 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 1 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 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing 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 otherwise 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 perform 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. Section 2.5 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 July 1, 2022 and terminates upon the completion of the Scope of Services or on June 30, 2025, whichever occurs first. 2 Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional one (1) one (1) -year extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of the Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed four (4) years. ARTICLE 3 COMPENSATION Section 3.1 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 Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise 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. 3 Section 3.4 Auditing 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 Section 4.1 Nondiscrimination In 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 In 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 Indemnification and Responsibility 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 4 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. If 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 Liability 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 Responsibility 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 CONTRACTOR 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 Assigns CITY and CONTRACTOR each bind themselves, their partners, 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 5 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: Business Development Manager To CONTRACTOR: Efficiency Services Group, LLC 5606 NE Elam Young Parkway Hillsboro, OR 97124 Attn: Mark Gosvener, Chief Operating Officer 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 CONTRACTOR is Not an Employee 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 CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality 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 6 owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise 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, Severability, and Attorney'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. If 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. In 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 City 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 Captions 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 Integration 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 Severability 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 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In 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. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original 8 graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: C�V) CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager EFFICIENCY SERVICES GROUP, LLC an Oregon limited liability company By: _ Name Title: Mark Gosvener Chief Operating Officer Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 50465100.72450172920 (Business Unit & Account No.) Doc ID: CA:Rev.04.2022.LT 9 Exhibit A Effidencv SERVICES GROUP SCOPE OF WORK This Scope of Work (SOW) includes the following programs: Electric Vehicle Rebate Program Expansion and Administration Residential, Commercial and Industrial Program Administration and Field Services CARE Program Income Qualification Services Residential Direct Install and Snapshot Audit Program Marketing Support Term The term for this SOW is July 1, 2022 through June 30, 2025, with a one-year option for renewal. Annual Budget The budget for programs and services under this SOW for the three-year term with option for one-year renewal is not to exceed $ $1,063,785.48. LEU may allocate the budget across any or all programs and services listed in this SOW. This provides LEU with the flexibility to prioritize programs and services across customer market sectors as information is gained and as conditions may change, ensure that programs and services are available to all customers, including hard -to -reach customers, and achieve AB2021 State energy efficiency goals. Energy Programs Administration Efficiency Services Group has operated as LEU's Energy Efficiency (EE) Public Benefit Fund Program administrator since 2014. During that time, the program has delivered $ $4.5 million in rebates to 3,846 residential customers and 271 businesses in Lodi. The program has provided over 19 million kilowatt hours of energy savings. That is enough to power over three thousand homes in California for a year. In addition to continuing to provide EE program administration, ESG will expand the Electric Vehicle Program that will be funded in part by the State's Low Carbon Fuel Standards (LCFS) program and greenhouse gas funding. EV Program Expansion (One -Time Only) ESG will perform the following one-time services: Review potential program offerings with LEU to determine goals and objectives of the EV program • Expand program offerings to include a rebate for vehicle purchase Establish program specifications and requirements • Add program measures and details to ESG's database Y Create rebate application forms • Meet with LEU and the City building department staff to establish efficient program protocols Reach out to local car dealerships and local contractors to inform them about the program incentives and rebate application processes Develop/identify program marketing materials to include program brochure, links to industry resources and content for social media and utility website Office Support (Ongoing) Maintain program hotline to address customer/contractor inquiries regarding Lodi's EE and EV programs; the hotline will be staffed 8:00 am — 5:00 pm, Monday through Friday (except for major holidays) Manage residential, commercial and industrial EE and EV rebate programs, including review of all customer/contractor rebate applications and project documentation to ensure compliance with LEU program specifications and requirements Enter all customer rebates and project details into database Provide Lodi with monthly activity reports which include: - Program Summary and Number of Customers (current month, YTD, Program to Date) - 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 in accordance with City policy. Data will be kept electronically. Field Support (Ongoing) Provide all aspects of field support (audits/inspections) required to ensure LEUs energy programs are in compliance with requirements • Provide basic technical guidance and assistance to customers and contractors participating in LEU's programs Maintain all field records and required project documentation in accordance with City policy. Data will be kept electronically. Conduct on-site energy evaluation assistance (if needed) for LEU's larger customers to help determine potential energy efficiency projects and eligibility for participation in LEU's rebate programs Perform residential customer site visits within Lodi service territory as requested to address the specific needs of customers regarding the management of their energy use. This may include customer inquiries regarding unusually high energy use and evaluations for potential participation in Lodi's energy 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 Specialist's time. A Field Specialist will be available each month. Field support will be performed by knowledgeable, experienced Field Specialists. The City reserves the right to modify this practice based upon customer response and ease of administration. Any modification will be communicated in writing from the City to ESG. Reporting ESG will complete and submit annual EE reports in compliance with SB1037 requirements on behalf of LEU. ESG can assist with other reporting as requested. Third -Party Contractor Oversight If LEU contracts with another entity to provide energy efficiency services in the City, ESG will provide oversight of the contractors, including: • Review of contractor's deliverables/responsibilities 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 2 ESG will track and report PB expenditures to LEU to ensure that sector budgets are not exceeded, as well as track and report energy savings acquired and progress towards LEU's AB2021 goals. NCPA Representation ESG has been regularly attending NCPA Demand Management Work Group 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 Work Group 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 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 to respond to CEC and utility budgeting/reporting needs. Legislative Requirements ESG stays current on existing and proposed legislation regarding PB funding, energy efficiency, and renewable programs to ensure that LEU remains in compliance with requirements. ESG also stays current on the GEC'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 Electrification programs. Energy Engineering Services If ESG or the City deem it necessary to use technical specialists (engineering staff) for large commercial or industrial customers, fees for these services will be in addition to the standard fees listed above. ESG will obtain the City's written approval prior to work beginning and the associated fees will be billed separately from the standard fees on ESG's monthly invoice. ESG Office Locations ESG is headquartered in Hillsboro, Oregon. ESG staff maintain a presence in LEU's service area that allows them to address customer needs in a timely manner. Implementation Timeline ESG can continue delivery of these program services immediately upon execution of an Agreement with LEU. Pricing Electric Vehicle Initial Program Design and Setup (One -Time Only) - ESG will bill a one-time program start-up fee of $1,500 for the services listed under this section of this SOW. Monthly fee for Energy Program Administration is $7,300 for the EE Program and $550 for the EV Program. This includes up to three days per month in Lodi by an ESG Field Specialist providing auditing, inspecting and high bill inquiry support services. If the City requests ESG's presence in the City's service territory, or if ESG's Field Specialist is required for more than three days per month, ESG will bill $800 per additional day spent in the field. Travel/field expenses for NCPA Work Group attendance and field services in Lodi will be invoiced in addition to the Program Administration fee, will not be marked up, and will not exceed $800 per month. The monthly Program Administration fees will be increased 2.5% annually starting in July 2023. CARE Program Income Qualification Services ESG has provided income qualification services LEU since 2020. The program allows LEU customers to apply for Customer Assistance & Relief Energy (CARE) funding through a digital application form. Pricing The price for this service is $45 per application. Residential Snapshot Auditing and Direct Install ESG has provided the Residential Snapshot Audit and Direct Install for LEU since 2015. To date, the program has served 956 LEU customers. This program is proactive and cost-effectively serves many customers in a short period of time. It also is a great resource for renters and customers with fixed or limited income who are unable to participate in the standard rebate program due to financial restraints or the inability to make permanent changes to a rental property. ESG will work with Lodi to determine how this program can best meet the needs of Lodi by providing instant energy and water savings and a positive experience for residential customers. ESG will provide the following services: • Coordinate with Lodi to sign customers up for the program Direct installation of selected measures in eligible home Field collection of customer and site data ■ Email snapshot audit report to Lodi • Deliver marketing, educational, and customer relations collateral to explain benefits and applications of installed measures, promote other utility programs, and strengthen relationships with customers; development of new collateral materials to be at additional cost, with prior approval by Lodi Supply all product, materials and labor associated with the installation of measures Warranty fulfillment for all products installed for a period of two years Report customer, site and measure installation to Lodi in a flexible format (CSV), including summary reports of snapshot audit findings • Complete program administration, including customer hotline, invoicing, reporting, inventory management and compliance Lodi will be asked to provide the following: • Coordinate with ESG to sign customers up for the program • Review and approval of marketing and customer relation materials • Provide a utility -endorsed letter on Lodi letterhead explaining the program that ESG's Energy Efficiency Advisors (EEAs) can present to customers when visiting their homes • Provide vehicle magnets with Lodi logo so EEAs are clearly identified with the Lodi DI and Snapshot Audit Program Provide identification badges issued by the City of Lodi • Provide shirts for Field Technician with LEU logo Customer Eligibility The program will be open to all Lodi residential customers. Lodi Customer Service Representatives can refer customers to the program. Customers may also email or call to sign up for the program, or ESG may approach customers directly. ESG will coordinate with Lodi to finalize a strategy to approach customers and generate sign- ups for the program. Electronic Data Collection 11 EEAs utilize a tablet application to electronically capture all snapshot audit and direct install data in the field. The application is a data management system that is linked to a web -based database. The system creates a PDF report of each customer served and emails a copy of the report to Lodi and ESG. All data is uploaded to an online database which allows ESG to prepare activity reports, provide Lodi with aggregate and detailed snapshot audit data, invoicing, and inventory management. Direct Install Measures (DIMS) ESG will work with Lodi to finalize the DIMs and quantities to be offered to residential customers through this program. ESG recommends including the following DIMs: a Screw -In LEDs m High Performance Showerheads a Faucet Aerators (1 gpm Bath and 1.5 gpm Kitchen Swivel) a Thermostatic Shower Valves ® Advanced Infrared Smart Power Strips • Personal Computer Power Strip ESG will make product recommendations to Lodi based on field installation experience and customer satisfaction feedback. In addition to the DIMs, EEAs take the opportunity while in the customer home to promote Lodi Electric Utility's energy efficiency rebate programs as well as other related programs that could benefit the customer. Residential Snapshot Audits While in the customer home installing DIMs, ESG will acquire the following customer demographic and site/equipment data: a Customer name and contact information Water heater fuel type and size • Own/rent • Year built 8 Approximate square footage • Foundation type • House type • Primary space heat fuel type Primary HVAC system type • Secondary space heat fuel type Secondary HVAC system type • Central A/C (Yes/No) • Central A/C tons A/C last serviced Window type ■ Attic insulation • Wall insulation • Floor/Crawl insulation • Duct type • Duct insulation • Appliance inventory o Clothes dryer fuel o Clothes washer type o Dishwasher age o Evaporative Cooler 5 o Refrigerator quantity and age o Freezer quantity and age o Range/Oven type o Television quantity and type (HD/analog) o Window A/C units o Well pumps o Pool pumps o Spa o Computers Customer Comfort (satisfied, not satisfied) EEA/customer comments Field Manual ESG will coordinate with Lodi to develop a field manual that establishes acceptable DIM installation standards, as well as snapshot audit data collection protocols. Reportable Energy Savings Energy savings for the DIMs will be provided in ESG's monthly EE reports. Pricing The fees for the DI Program are on a per -measure -installed basis. Prices include all labor, materials and expenses associated with installation of the products and delivery of services. Fees for direct installed measures and snapshot audits are shown in the following table. Additional measures can be added to the program with prior approval. The estimated annual allocation for DI is $150,000 per year. Measure Home Snapshot Audit Cost Unit Audit Fee per Cost Unit $40.00 Screw -In LEDs Lamp $18.00 Standard Showerhead Showerhead $20.00 Handheld Showerhead Showerhead $30.00 Thermostatic Shower Valve Valve $40.00 Faucet Aerator Aerator $ 5.00 Advanced Smart Power Strips Power Strip $90.00 Personal Computer Power Strip Power Strip $90.00 Marketing Support ESG will provide program marketing materials such as flyers, bill inserts, program catalogs, social media content, newsletters and other materials as requested to support and promote LEU's new Electric Vehicle program and LEU's energy efficiency programs. Pricing will be provided on a project -by -project basis upon request. The estimated annual budget for marketing support is $5,000. A Other Pricing Considerations Taxes and Other Charges Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between ESG and the City shall be invoiced by ESG in addition to the price quoted in this SOW. In the event ESG is required to pay any such tax, fee or charge, the City shall reimburse ESG therefore or, in lieu of such payment, the City shall provide ESG at the time the Contract is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge. ESG reserves the right to modify rates due to the imposition of any new taxes imposed by state, county or local entities. COMPENSATION EXHIBIT B Travel Expenses Year 1 One -Time Monthly Annual EV Set -Up $1,500.00 $1,500.00 Program Administration $7,850.00 $94,200.00 Travel Expenses $800.00 $9,600.00 CARE $225.00 $2,700.00 Direct Install $150,000.00 Marketing Support $5,000.00 Year 1 Total $263,000.00 Year 2 Program Administration $8,097.50 $97,170.00 Travel Expenses $800.00 $9,600.00 CARE $225.00 $2,700.00 Direct Install $150,000.00 Marketing Support $5,000.00 Year 2 Total $264,470.00 Year 3 Program Administration $8,299.94 $99,599.25 Travel Expenses $800.00 $9,600.00 CARE $225.00 $2,700.00 Direct Install $150,000.00 Marketing Support $5,000.00 Year 3 Total $266,899.25 Year 4 (optional) Program Admininstration $8,507.44 $102,089.23 Travel Expenses $800.00 $9,600.00 CARE $225.00 $2,700.00 Direct Install $150,000.00 Marketing Support $5,000.00 Year 4 (optional) Total $269,389.23 Total Contract NTE $1,063,758.48 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage 3 Workers' Compensation: as required by the State of California, with Statutory Limits, and Employee's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest, 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 under the Contractors commercial general liability and automobile liability policies (e) Notice of Cancellation or Change in Coverage 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 Page 1 I of 2 pages Risk: rev 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance Contractor 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.) (g) Failure _to Comoty If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City 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 Contractor 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. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor 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, Contractor 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 (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1 The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(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-, VI" 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 otherwise meet City requirements. Page 2 1 of 2 pages ' Risk: rev 3/1/2018 RESOLUTION NO. 2022-122 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH RENEWAL OPTION WITH EFFICIENCY SERVICES GROUP, LLC, OF HILLSBORO, OREGON, FOR ENERGY EFFICIENCY SERVICES, ELECTRIC VEHICLE STRATEGY PROGRAM SERVICES, CARE ASSISTANCE SERVICES, AND PROGRAM ADMINISTRATION WHEREAS, Efficiency Services Group, LLC (ESG) has served as Lodi Electric Utility's (LEU) third -party administrator of its public benefits energy efficiency program since December 2014; and WHEREAS, ESG continues to provide a number of turnkey services on behalf of LEU, including energy audits, direct installation of energy efficient fixtures, customer rebate application processing, energy savings analysis and consultation, monitoring of legislative and regulatory changes, representation at NCPA meetings and committees, and compliance reporting; and WHEREAS, since 2014, ESG has helped deliver $4.5 million in rebates to 3,846 residential customers and 271 businesses in Lodi - generating over 19 million kilowatt hours of energy savings; and WHEREAS, the current Professional Services Agreement with ESG expires on June 30, 2022, and staff recommends a new three-year contract with optional one-year renewal to maintain existing services, as well as add scope to include developing and implementing a new pilot electric vehicle program as authorized by the City Council on April 20, 2022; and WHEREAS, ESG provides many of the same services to Northern California Power Agency (NCPA) members, and as a result, members, including LEU, benefit from economies of scale where costs are shared; and WHEREAS, ESG has consistently demonstrated its superior efficiency and effectiveness in the field, its ability to keep secure confidential customer data, its expertise in the energy industry, its responsiveness to the needs of LEU and its customers and continues to maintain an excellent working relationship with LEU staff as well as key commercial and industrial customers as it relates to both short- and long-term energy efficiency projects and goals; and WHEREAS, ESG has become a trusted partner and trustworthy provider of efficient and effective customer service; and WHEREAS, these many years of affective presence in Lodi provides customers with consistent and stable assurances of a safe and high-level of service. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the bid process in accordance with Lodi Municipal Code, Section 3.20.070; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three-year Professional Services Agreement with a one-year renewal option with Efficiency Services Group, LLC, of Hillsboro, Oregon, for energy efficiency services, electric vehicle strategy program services, CARE assistance services, and program administration in an amount not to exceed $1,063,760; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: May 18, 2022 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2022-122 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 18, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None LL�J��� OLIVIA NASHED City Clerk 2022-122