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Home My WebLink AboutC-2610n Memorandum of Understanding //00_26 THE CALIFORNIA LONG -TERM ENERGY EFFICIENCY STRATEGIC PLAN (CEESP) MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF ARCADIA This Memorandum of Understanding (MOU) is entered into by and between the San Gabriel Valley Council of Governments ( SGVCOG) and the City of Arcadia (CITY). WHEREAS, the SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies; and WHEREAS, Southern California Edison (SCE) has awarded funding to the SGVCOG to implement activities that achieve the goals set forth in the California Long -Term Energy Efficiency Strategic Plan (CEESP); and WHEREAS, the CITY submitted a letter of participation to the SGVCOG requesting to be included in the SGVCOG's proposed work plan for this solicitation; and WHEREAS, the SCE agreement (Agreement) with the SGVCOG attached as Exhibit A provides for funding for two activities: 1) the development of energy - efficiency chapters of Climate Action Plans (EE CAP Chapter) and 2) the implementation of an online municipal facility utility manager (Utility Manager); and WHEREAS, the SGVCOG and the CITY desire to set forth the terms of their collaboration with respect to the CEESP in this MOU. NOW, THEREFORE, the Parties agree to the following: I. General Conditions A. The Parties to this MOU are the San Gabriel Valley Council of Governments and the City of Arcadia B. The Parties agree that all work contemplated under this MOU must be consistent with the terms of the Agreement between Southern California Edison and the San Gabriel Valley Council of Governments attached hereto as Exhibit A. C. The term of this MOU shall commence upon receipt by the SGVCOG of a Notice to Proceed from SCE pursuant to the Agreement and continue through October 31, 2012. The term may be extended by mutual agreement of both Parties. II. Responsibilities of each of the Parties A. SGVCOG 1. Coordinate and manage consultants, including contract management 2. Review and process all billing and reports to SCE 3. Perform all responsibilities required under the SCE agreement except those responsibilities assumed by the CITY as specified in this MOU 4. Provide reimbursement to the CITY for eligible work completed by CITY staff upon approval of invoices and receipt of payments from SCE. B. CITY 1. Provide a point of contact to SGVCOG for both tasks (EE CAP Chapter and Utility Manager) as follows: • EE CAP Chapter Name: Carmen Trujillo Title: Management Aide Phone: (626) 256 -6551 Email: crujillo a,ci.arcadia.ca.us Name: Lisa Flores Title: Senior Planner Phone: (626) 574 -5445 Email: lflores(a,ci.arcadia.ca.us • Utility Manager Name: Dave McVey Title: General Services Superintendent Phone: (626) 256 -6664 Email: dmcvevgci.arcadia.ca.us 2. Provide requested data to SGVCOG and consultants regarding municipal energy usage and facilities (including number, type and usage of facilities) 3. Participate, at a minimum, in the development of a "Program Management Plan" (PMT) for both the EE CAP Chapter and the Utility Manager tasks. This is intended to assess the feasibility of completing both tasks' workplans. Additionally, the CITY may participate in and be reimbursed for the following subtasks: EE CAP Chapters: • Participating in the Project Steering Committee • Participating in the consultant selection and review process • Providing data to the consultant regarding municipal and community -wide energy usage as well as planned or existing projects and programs relevant to the City's EE CAP Chapter • Coordinating with the consultant and participating in the municipal and community - wide EE CAP Chapter goal setting workshops • Reviewing and commenting on the draft EE CAP Chapter • Participating in the planning and execution of the San Gabriel Valley Climate Change Information Sharing Session Utility Manager: • Coordinating with staff from the County of Los Angeles on the installation of Utility Manager software, including networking of facilities as needed to connect to the Utility Manager • Participating in trainings by the County of Los Angeles on the use of EEMIS to analyze energy consumption data, identify energy savings opportunities, benchmark facility usage and operations, and sustain project saving • Developing an EEMIS maintenance plan 4. Submit invoices to the SGVCOG for any billable hours by the fifth (5th) calendar day of the month for work completed the prior month, unless otherwise agreed to in writing by the SGVCOG. All invoices must be in the format provided by the SGVCOG and include the following information: subtask, title /position of staff, hourly rate by staff position, number of hours worked, date of hours worked, and description of work completed. All invoices are subject to review and verification by the SGVCOG and CEESP consultants. Reimbursements will be capped by a not to exceed maximum per deliverable as indicated in Table 1 below. Due to the nature of the funding allocations, a late invoice may not be eligible for reimbursement. E M Subtask Maximum Reimbursement Utility Manager Task Task A.1: Work with County staff to identify opportunities and constraints related to installation of EEMIS $ 720 Task A.2: Work with County staff to develop EEMIS planning report $ 1,110 Task A.3: Coordinate procurement of EEMIS with County staff $ 720 Task A 4: Work with County staff to install EEMIS and report back to SGVCOG $ 12,300 Task A 5: Participate in EEMIS trainings and develop EEMIS maintenance plan with County staff $ 4,880 Task A.6: Report back on actions taken resulting from the benchmarking analysis $ 550 Subtotal 20,280 EE CAP Chapter Task Task B.1: Participate on Project Steering Committee $ 4,760 Task B 3: Plan for the development of the energy efficiency chapters $ 1,200 Task B 5: Review and provide input on technical memo on baseline and long -term forecasts $ 3,741 Task B 7: Review and provide comment on draft energy efficiency chapters $ 8,729 Task B 9: Review final energy efficiency chapters and report back on implementation of recommendations $ 480 Subtotal 18.91 Table 1. Maximum Reimbursement by Subtask Maintain official timesheets and other records that support hours billed to the CEESP program for a ten year period following the completion of the project. 6. Warrants and represents as follows: a. Understands and agrees that for the purposes of the foregoing, any requirements imposed upon SGVCOG by SCE are hereby passed - through and adopted as obligations of the CITY to the maximum extent allowable by law; b. Agrees to strictly comply with the scope of any and all authorizations, limitations, exclusions, and/or exceptions for use of CPUC funds; c. Shall not cause SGVCOG to be in violation of the Agreement, whether by act or omission; and d. Shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, now existing and as such may change from time -to -time. Any such laws, rules, regulations, ordinances, and directives required thereby to be included in this MOU are incorporated herein by reference. 7. Notwithstanding any provision to the contrary, whether expressly or by implication, the CITY agrees to indemnify, defend, and hold harmless SGVCOG, its elected and appointed officers, employees, and agents form and against any and all liability resulting from the CITY'S negligent and wrongful act(s) and/or omission(s) arising from and /or relating to the Agreement and as such would be imposed in the absence of Government Code section 895.2. Without limiting the scope above, such liability includes but is not limited to the following: any funding disallowance; audits; demands; claims; actions; liabilities; damages; fines; fees, costs, and expenses, including attorney, auditor, and/or expert witness fees. The CITY understands and agrees that it is solely responsible for any and all incurred amounts found by SCE to be ineligible under the Agreement. Immediately upon the request 3 'err' cm of SGVCOG or SCE, the CITY shall return any funds that have been disbursed to the extent that their use has been disallowed. For the San Gabriel Valley Council of Governments Signed: Date: For the City of Arcadia Signed: ��►...rc�.. -� Donald Penman, City Manager Date: February 2; 2011 4