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HomeMy WebLinkAbout2012/12/11 Item 10ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING AN AMENDMENT TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC, TO PROVIDE AN ADDITIONAL $3,127,170 -FOR ENERGY EFFICIENCY PROGRAMS AND TO EXTEND THE TERM OF THE AGREEMENT; (2) AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AMENDMENT; AND (3) APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ADMINISTRATIVE VICES AGER '}~' REVIEWED BY: CITY MANAGE ASSISTANT CIT NAGER 4/STHS VOTE: YES ~ NO SUMMARY Since 2006, the City and San Diego Gas & Electric have been collaborating through a Local Government Partnership to identify unique opportunities to leverage municipal policies, programs, and services to maximize energy efficiency opportunities. As a result, the Local Government Partnership has helped to reduce the amount of energy consumed by municipal buildings as well as the broader Chula Vista community. In addition to lowering monthly utility costs, these energy savings contribute to lowering Chula Vista's greenhouse gas emissions and to reducing demand for local power generation. The amendment to the Local Government Partnership agreement would provide an additional $3,127,170 and would enable implementation to continue through December 2014. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines because the proposed actions will 10-1 12/11/12, Item ~~/ Page 2 of 4 result in the implementation of energy efficiency programs that are designed to improve local air quality and reduce greenhouse gas emissions. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Staff presented the 2013-2014 Local Government Partnership proposal to the Resource Conservation Commission at their May 14, 2012 meeting. The Resource Conservation Commission unanimously recommended that City Council authorize staff to submit the proposal and implement the identified municipal and community energy services. DISCUSSION In 2006, the City and San Diego Gas & Electric began collaborating through a Local Government Partnership (LGP) to identify unique opportunities to leverage municipal policies, programs, and services to maximize energy efficiency opportunities in Chula Vista. The LGP has since matured into a comprehensive and highly-effective initiative, which has been recognized statewide as a model for successful collaboration. The funding is provided through "Public Purpose Program" chazges embedded within utility rates. The funds are used to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by municipal buildings as well as the broader Chula Vista community, especially sectors which historically have not fully participated or aze not eligible for existing energy incentive programs. In addition to lowering monthly utility costs, these energy savings contribute to lowering Chula Vista's greenhouse gas emissions and to reducing demand for local power generation. To further support the successful Local Government Partnership, the City and SDG&E submitted a proposal to the California Public Utilities Commission in July 2012 to continue the program as part of the statewide 2013-2014 Energy Efficiency Program Portfolio. On November 8th, the California Public Utilities Commission approved the $3,127,170 proposal. Below are summazies of various Local Government Partnership components that will be implemented as a result of the additional funding: Municipal Facility Improvements The Public Works Department will continue efforts to identify, finance, and implement energy improvements at municipal facilities. In addition, two studies will be performed to assess emerging technology applications: (1) a pilot program to test adaptive control street lighting technologies and (2) a feasibility evaluation for establishing a citywide municipal energy-management system to improve energy management capabilities. Finally, a Greenhouse Gas Emissions inventory will be performed to inform stakeholder- drivenrevisions to the City's Climate Action Plan. Community Energy Efficiency Outreach A variety of departments will integrate energy efficiency education and outreach into their services. The Conservation Section will continue to expand its Free Resource & Energy Business Evaluation (FREBE) and CLEAN Business programs to assist local businesses in identifying energy-saving opportunities. The Library and Recreation 10-2 12/11/12, Item ~~ Page 3 of 4 Departments will deliver energy efficiency messaging and curriculums into their Energy Lounge and Empower Hour curriculums, respectively. Finally, the City's Home Upgrade, Carbon Downgrade program will continue to facilitate residential energy retrofits through home energy ratings and incentives. Sustainable Buildings To integrate energy efficiency into the permitting and inspection processes, the City will revise its Enhanced Energy Efficiency and Green Building standards to be compliant with the new statewide Title-24 code expected in 2014. The proposed LGP will also continue funding City staff to help educate permit applicants, contractors, and developers on energy efficiency opportunities and to train permit counter technicians and building inspectors on advanced energy technologies. Finally, the City will work to develop an incentive through the entitlement process for new developments that obtain LEED- Neighborhood Development certification. Green Jobs & Homes for All The City will leverage its current affordable housing programs to launch an innovative workforce training program. The program will recruit local unemployed and underemployed residents to participate in a free 3-week long home energy upgrade contractor training. In addition to classroom sessions, the students will gain hands-on experience performing energy retrofits on local homes, owned by low-income residents. These low-income residents will be able to access low-interest revolving loan funds to finance the energy improvements, which will be repaid through the resulting utility cost savings. Energy Efficiency Economic Development The Economic Development Department will continue to pursue the development of a "green" business park to assist in attracting clean technology companies to locate their business operations and manufacturing in Chula Vista. Staff will also work to connect current clean tech-oriented Chula Vista businesses with each other through an informal peer network and will work with current Chula Vista businesses to identify opportunities for new "green" product and service development. Regional Collaboration A new "South Bay Energy Action Collaborative" will be created between the City of Chula Vista and other neighboring jurisdictions in order to facilitate joint program development and capacity building for South Bay communities. In addition, Chula Vista will coordinate with region-wide partners on a variety of initiatives, such as a Net Zero Energy building roadmap, Energy Upgrade California permit streamlining, Home Energy Rating (HERS) incentives, workforce training, regional "green" business recognition, and the San Diego Climate Collaborative. The amendment would extend the current Local Government Partnership agreement term through December 31, 2014, and provide an additional $3,127,170 ($1,563,585 per calendar year). The new funding would support the goals outlined in the Chula Vista Energy Strategy & Action Plan (2001), which prioritized energy management options to address citywide demand and supply, and the Chula Vista Municipal Building Energy Efficiency Policy (2005), which requires the incorporation of energy-conserving measures into City facilities. Finally, the new funding 10-3 12/11/12, Item ~l Page 4 of 4 directly implements numerous Council-approved climate protection measures -Free Resource & Energy Business Evaluations program (Mitigation Measure #3), facilitation of the City's "green" design and construction standards (Mitigation Measure #4 and Adaptation Strategies #1, #2, #3, & #4), municipal energy management and retrofit activities (Mitigation Measure #5), and the Home Upgrade, Carbon Downgrade program (Mitigation Measure #5). Any energy efficiency capital improvement projects, identified through the Local Government Partnership, would be funded through other external sources and staff would seek future City Council action to appropriate those funds. DECISION MAKER CONFLICT Staff has determined that the recommendations requiring Council action are not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently awaze, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The $1,563,585 appropriation will support continued implementation of the Chula Vista/SDG&E Local Government Partnership program through calendar yeaz 2013. The funds, which will be appropriated to the Energy Conservation Fund, will be used to support City staff time and program costs for developing and implementing energy efficiency programs at municipal facilities (non-capital expenditures only) and in the community. Approximately 6 full-time and 8 part-time City staff members' salaries and benefits aze fully funded through the program. In addition, the resulting energy reductions from the program will help generate annual energy cost savings for participating businesses and residents and within municipal operations. For Fiscal Year 2013, staff will be appropriating $182,224 to the Personnel Services category, $521,875 to the Services and Supplies category, $859,018 to the Other Expenses category, and $468 to the Utilities category of the Energy Conservation Fund to be offset by grant revenue. ONGOING FISCAL IMPACT The amendment to the current Local Government Partnership agreement will provide an additional $3,127,170 ($1,563,585 per calendar year) through the program period ending on December 31, 2014. These funds will fully support City staff time and program costs associated with developing and implementing identified energy efficiency-related programs. The Municipal Energy Efficiency Improvements component will produce long-term annual energy cost savings for the City's General Fund and help minimize the impact of future utility rate increases. The program also helps local businesses and residents reduce their monthly utility costs and redirect those financial resources to support local purchases and job creation. ATTACHMENTS Attachment A -Amendment to 2010-2012 Local Government Partnership Agreement Attachment B - Origina12010-2012 Local Government Partnership Agreement Prepared by: Brendan Reed, Environmental Resource Manager, Public Workr -Conservation Section H:IPUBLlC WORKS- ENGIAGENDAICAS2 01211 2-11-1212 01 3-2 0 /4 Chula Vista LGP Granl Amendment_CAS_FLYAL.doc 10-4 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program This Amendment ("Amendment"), effective as of January 1, 2013, amends that certain "Agreement to Jointly Deliver the 2010-2012 City of Chula Vista Energy Efficiency and Conservation Partnership Program" (the "Agreement") effective as of January 1, 2010, by and among San Diego Gas & Electric Company ("SDG&E") and the City of Chula Vista ("City"). Each of SDG&E and City may be referred to herein individually as a "Party" and collectively as the "Parties." Any capitalized terms not defined herein shall have the meanings prescribed to them in the Agreement. WHEREAS, the Agreement sets forth the terms and conditions under which the City of Chula Vista Energy Efficiency and Conservation Partnership Program (the "Program'') would be implemented for the yeazs 2010 through 2012; and WHEREAS, the Parties desire to amend the Agreement to include implementation of the Program for the years 2013 through 2014 (the "2013-2014 Program"). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in accordance with Section 23 of the Agreement, the Parties hereby amend the Agreement as follows: 1. The following language shall be added to the end of Section 1.4: "The total Authorized Budget for the 2013-2014 Program shall be $3,127,170, as set forth in the `2013-2014 Local Government Partnership Final Scope of Work', attached as Exhibit A-1 to this Agreement." 2. The following language shall be added at the end of Section 1.7: "The Parties' Scope of Work for implementing the 2013-2014 Program is attached to this Agreement as Exhibit A-1, and is incorporated by this reference." 3. The following language shall be added after the first sentence, following the heading, in Section 9.1: "The total Authorized Budget for performance of the Authorized Work for the 2013-2014 Program is $3,127,170." 4. The following language shall be added as the last sentence of Section 10: "The Parties shall complete a112013-2014 Program Administrative activities (as defined by the Scope of Work) and reporting requirements no later than March 31, 2015." 5. Section 11 shall be deleted in its entirety and replaced with the following updated Section 11: "11. FINAL INVOICES All Parties must submit final invoices For the Program no later than March 31, 2013. All Parties must submit final invoices for the 2013-2014 Program no later than March 31, 2015." Pam 15f 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program 6. The following language shall be added as Section 15.9 of the Agreement: "City shall require any Contractor and/or any subcontractor of Contractor performing the Authorized Work to obtain and maintain in good standing throughout the performance of the Authorized Work, to the extent necessazy, all licenses and permits required by Applicable Laws to engage in the activities required of them in connection with this Agreement." 7. The following language shall be added as Section 17.8 of the Agreement: "To the extent SDG&E discloses any Confidential Customer Information obtained by SDG&E through the use of advanced metering infrastructure that includes usage information and could be used to reasonably identify an SDG&E customer, City shall access, collect, store, use and disclose such information under policies, practices and notification requirements no less protective than those under which SDG&E operates." 8. The following language shall be added as Section 41 of the Agreement: "41. EQUAL OPPORTUNITY. SDG&E is an equal employment opportunity employer and is a federal contractor. Consequently, City agrees, to the extent applicable, to comply with Executive Order 11246, the Vietnam Era Veterans Readjustment Assistance Act of 1974 and Section 503 of the Vocational Rehabilitation Act of 1973 and also agrees that these laws aze incorporated herein by this reference. City also agrees to comply with the provisions of Executive Order 13496 relating to the notice of employee rights under federal labor laws." 9. Extend the Agreement expiration date by replacing "December 31, 2012" with "December 31, 2014" in Section 24.1. Also, add the following language at the end of Section 24.1: "Notwithstanding the foregoing, all costs for the 2010-2012 Program must be incurred by December 31, 2012 and all costs for the 2013-2014 must be incurred by December 31, 2014." Except as specifically modified by this Amendment, all of the terms, conditions and provisions of the Agreement shall be unmodified and shall remain in full force and effect. (End of page. Next page is signature page.) P~g~ 2pf 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program Capacity of Parties. Each signatory and party to this Amendment warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Amendment, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Amendment. IN WITNESS WHEREOF, the Parties have executed this Amendment, indicating that they have read and understood same, and indicate their full and complete consent to its terms: __ CITY OF CHULA VISTA City of Chula Vista Attest: By: By: Cheryl Cox, Mayor Donna Norris, City Clerk Approved as to form: By: Glen R. Googins, City Attorney SAN DIEGO GAS & ELECTRIC COMPANY San Diego Gas & Electric Company Approved as to form: By: By: Pamela J. Fair, VP, Environmental and Hollie Bierman, Legal Counsel Operations Support P~p.,g 3~f 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program EXFIIBIT A-1 2013-2014 LOCAL GOVERNMENT PARTNERSHIP PROGRAM OVERVIEW a) Program Title: Chula Vista Local Government Partnership b) Program Budget (2-Year): $3,127,170 c) Program Term: January 1, 2013 through December 31, 2014 d) Main Contact Information: Brendan Reed, Environmental Resource Manager Public Works Department -Conservation Section 276 Fourth Avenue Chula Vista, CA 91910 619-409-5889 Office 619-476-5310 Fax PROGRAM COMPONENT Municipal Energy Management CA-LTEESP SUPPORT The City's Municipal Energy Management component will support the following CA Long- Term Energy Efficiency Strategic Plan goals: 3. Local governments lead by example with their own facilities. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The SDG&E/Chula Vista Energy Efficiency Partnership will expand the City's efforts to reduce municipal energy use through facility retrofits and upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately 1.4 million square feet. Annually, the City's facilities consume an estimated 16.5 million kWh and 900,000 therms. In addition, the program will help train municipal facility managers on better energy management practices and will complement Chula Vista's ongoing investments in renewable energy generation. GOALS, OBJECTIVES, & DELIVERABLES 1. Develop integrated energy management strategies for major City buildings and facilities a. Objective -Based on the results of recent integrated demand-side management audits, develop an Energy Management Acfion Plan for City facilities identifying near-term (1-2 years) and long-term (3-5 years) project priorities. i. Deliverable - Create an Energy Management Action Plan to guide future retrofit and maintenance opportunities. P~gg 4~f 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program b. Obiective - Determine the feasibility of establishing a facility-wide energy management system to improve real time energy management capabilities. i. Deliverable - Produce a summary report outlining available and appropriate energy management systems for municipal facilities. ii. Deliverable -Update Capital Improvement Project (CIP) bid requirements, as appropriate, to include the new energy management system specifications. 2. Reduce energy consumption at City buildings, facilities, and related infrastructure a. Obiective -Coordinate the installation of energy efficient retrofit projects (such as HVAC, lighting, and VFDs) at City buildings, facilities, and related infrastructure by using information obtained in section l.a. above. i. Deliverable -Reduce the City's building energy use by approximately 520,000 kWh and 13,000 therms. b. Obiective - Complete an adaptive control street lighting demonstration project to test the applicability of vazious control technologies for different roadway types. i. Deliverable - Produce a summary report which evaluates the feasibility of using adaptive controls in municipal street lighting operations. c. Obiective -Pursue current and emerging energy efficiency financing options to provide installation capital costs, which are not covered under existing incentive programs. i. Deliverable - Secure retrofit project financing, such as California Energy Commission loans, SDG&E On-Bill Financing, and/or CSCDA Sustainable Energy Bond Program (exact value dependent on identified retrofit project list). TARGET AUDIENCE To include: Municipal facility managers and support staff SCHEDULE Jan -June ` 13: Develop Energy Action Management Plan Initiate adaptive streetlight demonstration project July `13 -Dec ' 13: Secure financing & begin retrofit projects Jan ` 14 -Dec ' 14: Develop specs for facility energy management systems Complete adaptive streetlight demo summary report Complete energy efficiency retrofit projects BUDGET Pro ram Name: Munici al Ener Mana ement Pro ram Bud et Item $ Administrative Costs - - Mazketino Outreach Costs - - Incentive/Rebate Costs - - Direct hn lementation Costs $372,965 100% Total $372,965 100% P~~ S,pf 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiencv and Conservation Partnership Program PROGRAM COMPONENT Community Energy Conservation & Upgrade Outreach CA-LTEESP SUPPORT The City's Community Energy Conservation & Upgrade Outreach component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The Community Energy Upgrade & Conservation Outreach program is designed to complement San Diego Gas & Electric's residential and commercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, and contractors about energy-saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both because their more proximate relationship with citizens, and because they aze able to leverage other municipal services/processes to maximize outreach effectiveness. GOALS, OBJECTIVES, & DELIVERABLES 1. Increase the business community's awareness about energy-saving opportunities and participation in available energy efficiency programs offered by SDG&E/CPUC. a. Obiective -Trained staff will perform free on-site energy evaluations for Chula Vista businesses through the City's successful Free Resource & Energy Business Evaluation (FREBE) program. City staff will provide participants with an integrated energy audit, an overview of applicable SDG&E direct install, incentive, and financing programs, and assistance completing incentive and/or On-Bill Financing applications. i. Deliverable -Develop energy evaluation reports for local businesses to generate immediate referrals for SDG&E programs, especially no-cost direct install programs. ii. Deliverable -Survey participating businesses to identify and better understand energy upgrade opportunities and challenges within the local business community. b. Objective - As part of the business evaluations, City staff will specifically facilitate low- cost energy efficiency solutions and educate participants on new energy-saving technologies. i. Deliverable -Distribute "smart" power strips or similaz low cost energy-saving devices (limit one per business during two yeaz cycle) to help demonstrate the benefits of simple energy upgrades to businesses. c. Objective - Local businesses that are voluntarily incorporating energy efficiency and other sustainable practices into their operations will be recognized through the Chula Vista CLEAN Business program. The program, which is co-sponsored by the Chula Vista Chamber of Commerce and the Third Avenue Village Association, provides additional technical, marketing, and networking opportunities for these "eazly adopter" businesses (co funded). l~einfl4 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program i. Deliverable -Organize networking events to share best practices and lesson learned among participants and to highlight newly available energy and sustainability programs. ii. Deliverable -Highlight exemplary businesses that are energy efficiency leaders through annual Chula Vista CLEAN Awards under the auspices of the City's Resource Conservation Commission. d. Obiective -To build momentum towards a local clean energy economy, staff will work to retain and expand clean tech-oriented businesses in Chula Vista. Further, staff will work with current Chula Vista businesses to identify opportunities for new "green" products and service development (co funded. i. Deliverable - Complete a "Green Business Recruitment Study" to inform business recruitment efforts citywide and to guide the planning and design of the City's new Eco-Industrial/Business Pazk and new University Park & Research Center. ii. Deliverable -Initiate recruitment initiatives for clean tech-oriented businesses and/or development projects, which also generate referrals for SDG&E's energy efficiency core programs. iii. Deliverable -Promote business-to-business transactions between current clean tech-oriented businesses (and local supply enterprises supporting these businesses) through informal and formal networks, which also generate referrals for SDG&E's core programs. 2. Increase residents' awareness about energy-saving opportunities and participation in energy efficiency programs such as Energy Upgrade California (EUC) and Energy Savings Assistance Program (ESAP). a. Obiective -Trained staff will outreach to residents at community events and through community-wide campaigns to educate them on new energy efficiency technologies and available incentive and financing programs. i. Deliverable -Participate in community events. on a weekly basis to provide an ongoing communication channel with community members. ii. Deliverable -Organize community-wide campaigns, such as the Cool California Challenge, to promote each citizen's important role in helping Chula Vista reach its energy and environmental goals. b. Obiective -Through the Energy Lounge program, the Chula Vista Library's facilities and services will be leveraged to educate and enroll "hard to reach" residents (such as older and low-income community members) in special energy assistance programs to help lower their utility bills. i. Deliverable -Expansion of the City's inventory of energy-related books, e-books, and tools, which aze available for public circulation. ii. Deliverable -Develop monthly energy messaging (utilizing the Energy Lounge digital signage and community board) to promote energy-saving tips and resources. iii. Deliverable -Host quarterly adult and/or youth energy programs that include guest speakers, tool tips, story times, and screening of energy-themed movies at each major library location. c. Obiective -Through the Recreation Empower Hour program, the Chula Vista Recreation's facilities and services will be leveraged to educate children and teens on energy-saving behavior and concepts. P~~e 1 if 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program i. Deliverable -Organize after-school program activities to inform and influence energy-saving behavior at home, such as the 5-Minute Shower Challenge. ii. Deliverable -Deployment of the City's Rec & Roll vehicle at special events throughout the yeaz to provide mobile energy-saving programming (as described above). iii. Deliverable -Conduct pre- and post-program learning assessments for children participating in the Recreation Empower Hour, as well as conduct surveys of their parents to assess behavioral impacts at home. d. Objective -Trained staff will perform free on-site energy evaluations for Chula Vista residents through the City's successful Home Upgrade, Carbon Downgrade program. City staff will help to identify home energy performance issues, suggest possible solutions, and provide assistance with completing incentive and financing applications. i. Deliverable - Develop energy evaluation reports for residents to generate immediate referrals for SDG&E core programs. ii. Deliverable -Survey participating residents to identify and better understand energy upgrade opportunities and challenges within the local community. e. Obiective -The City will help to develop the local whole-home energy retrofit market by building local capacity within banking sectors in the community. i. Deliverable -Engage local financial institutions about opportunities to provide loan products for energy efficiency, renewable energy, and other "green building" upgrades. f. Objective - In collaboration with the City's Housing Division, the City will provide direct outreach and assistance to low and moderate-income homeowners to facilitate whole-home energy retrofits through its "Green Homes for All" initiative (co funded). i. Deliverable -Modify existing municipal affordable. housing assistance programs (funded by state and federal sources) to better promote energy efficiency upgrades in conjunction with typical health and safety improvements. ii. Deliverable -Leverage the City's current low-interest revolving loan fund to target income-qualified homeowners enabling pazticipation in Energy Upgrade California. 3. Expand energy-efficiency opportunities in neighboring communities through collaboration and peer-to-peer support as part of the South Bay Energy Action Collaborative (SoBEAC). a. Obiective -Chula Vista will assist South Bay jurisdictions in managing energy consumption and costs at their municipal facilities by shazing lessons learned and providing technical support (dependent on partnering jurisdictions' selected priorities). i. Deliverable -Review existing energy benchmark data and submit eligible facilities for ENERGY STAR certification. ii. Deliverable - Provide training opportunities for facility staff on energy management techniques and resources. iii. Deliverable -Develop specifications, sample council agenda reports & resolutions, and incentive applications for identified energy upgrade projects. b. Obiective -Chula Vista will assist South Bay jurisdictions in further integrating energy efficiency into building and development processes (dependent on partnering jurisdictions' selected priorities). P~~e 8lnf 14 Amendment No. I to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program i. Deliverable -Work with SDG&E to provide training sessions for municipal building and planning staff on energy efficiency and sustainable building opportunities and rebate programs applicable to permit applicants and developers. ii. Deliverable -Develop kiosks and display racks for permit counter areas to showcase available sustainable building resources. iii. Deliverable -Create suggested energy-related language and topics (menu style) for inclusion into community planning documents such as General Plan and Housing Element sections. c. Obiective - Chula Vista will help South Bay jurisdictions educate their local community members on energy efficiency opportunities (dependent on partnering jurisdictions' selected priorities). i. Deliverable -Create South Bay-specific energy efficiency information packets and giveaways highlighting general energy efficiency tips and available resources for local community members. ii. Deliverable -Develop "South Bay Library Kits" featuring energy-efficiency and "green" living books, resources, and tools for public circulation as well as related public programming and signage. iii. Deliverable - Launch a joint South County marketing campaign to facilitate local businesses' participation in SDG&E no-cost Direct Install and Reduce Your Use programs and recognize successful, participating businesses in each jurisdiction through "SoBEAC Business Energy Leadership." SCHEDULE Jan -Mar ' 13: Initiate residential & business energy evaluations Expand Energy Lounge & Empower Hour programs Complete Green Business Recruitment Study Apr -June ' 13: Begin CLEAN Business networking & recognition Initiate clean-tech recruitment & B-to-$ efforts Launch Green Homes for All outreach July ' 13 -Dec ' 13: Begin SoBEAC facility & community efforts Jan -Dec ' 14: Continue & complete program implementation TARGET AUDIENCE To include: South Bay residents (including youth, seniors, &low-income households) & businesses. BUDGET Program Name: Community Energy Conservation & Upgrade Outreach Pro ram Bud et Item $ Administrative Costs - - Marketin Outreach Costs $89,375 6% Direct Im lementation Costs $1,438,217 94% Total $1,527,592 100% ia~e 13 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservafion Partnership Program PROGRAM COMPONENT Sustainable Communities CA-LTEESP SUPPORT The City's Sustainable Communities component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of "reach" codes stronger than Title 24, on both mandatory basis and voluntary bases. 2. Strong support from local governments for energy code compliance enforcement. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION Building upon the current program, the Chula Vista Sustainable Communities Program (SCP) will further City staff s expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and building process. Staff will promote these principles to customers engaged in the municipal permit and construction approval process through the City's website, on the phone, and in person at the Public Services Building. Under the SCP, the Development Services Department will also investigate and update their existing programs, guidelines, and regulations to reflect the advances that have been made in both the green building and energy conservation aspects of community and project-level site planning and to coordinate these activities with new energy-related programs. GOALS, OBJECTIVES, & DELIVERABLES 1. Improve the energy performance of new development and buildings through standards and codes that emphasize sustainable design and construction and support progress towards Zero Net Energy building goals. a. Obiective -The City will develop local approaches and standards for achieving increased energy efficiency at the community-planning scale and site-planning scale. i. Deliverable -Identify options for establishing local energy efficient community and site-planning standards for new development, including the possible use of LEED- ND as aframework, in collaboration with the SDG&E Sustainable Communities Program and the US Green Building Council. ii. Deliverable -Establish modeling tools for use in evaluating and quantifying the increased energy efficiency associated with applying various alternative community and site-planning features and standards to projects. iii. Deliverable -Develop energy-efficient community and site planning standards and incentives for City Council consideration. b. Obiective -The City will update its Energy Efficiency and Green Building "reach" codes to exceed the new 2014 Title-24 standards. i. Deliverable -Develop Enhanced Energy Efficiency and Green Building Ordinances for City Council consideration. 2. Increase developers and permit applicants' awareness of energy-saving opportunities related to new construction and major renovation projects and their participation in available energy efficiency programs. P~p@ l~ of 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program a. Obiective - Chula Vista will provide direct education to developers, permit applicants, and Development Services Department staff on energy efficiency codes, emerging technologies, and SDG&E incentive programs. i. Deliverable -Produce development-related educational materials via digital forms, handouts, process guides, and information links. ii. Deliverable -Regularly update the City's "Sustainability Center" website with new program materials and energy-focused information. b. Objective -Chula Vista will provide technical support to developers, permit applicants, and Development Services Department staff on energy efficiency codes, mandatory & voluntary green building standards, emerging technologies, and SDG&E incentive programs. i. Deliverable -Participate in regional networking events for shazing "lessons learned" and implementation progress updates. ii. Deliverable -Provide regulaz in-house trainings to Development Services staff on the City's "reach" codes, voluntazy CalGreen Tier 2 incentive program, and California Energy and Green Building codes. iii. Deliverable -Participate in pre-construction meetings on jobsites to explain and aid compliance with the current and new California Green Building and Energy codes, and locally-adopted "reach" codes and expedited permitting incentive programs. iv. Deliverable -Provide staffing at the City's "Sustainability Desk" during public counter hours and by appointment to answer questions and offer one-on-one guidance to community members and Development Services staff. 3. Increase compliance and enforcement of new California Energy and Green Building codes along with the "reach" codes adopted by the Chula Vista City Council a. Obiective -Provide verification that all mandatory enhanced energy efficiency and green building requirements are being properly met. i. Deliverable -Perform secondary field audits on X11 types of construction projects to confirm compliance with the enhanced energy efficiency requirements and to ensure proper installation and inspection procedures were performed. ii. Deliverable -Regularly review plans and documentation with the developers, permit applicants, and Development Services staff to identify energy efficient opportunities. TARGET AUDIENCE To include: Development Services Department personnel (including Plan Check, Permit Counter, & Building Inspection staff), builders, developers, and community members. SCHEDULE Jan -Mar ' 13: Begin public education & technical support Begin advanced code compliance activities Assess community-scale modeling tool options Apr -Dec ' 13: Complete community-scale tools development Complete updates to "reach" codes Jan -Dec ' 14: Complete updates to community-scale standards P~g~ 11 ~f 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program BUDGET Pro ram Name:. Sustainable Communities Pro ram Pro ram Bud et Item $ Administrative Costs - - Marketin Outreach Costs - - Direct Irn lementation Costs $704,809 100% Total $704,809 100% PROGRAM COMPONENT San Diego Regional Energy Partnership CA-LTEESP SUPPORT The San Diego Regional Energy Partnership component will support the following CA Long- Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of "reach" codes stronger than Title 24, on both mandatory basis and voluntary bases. 3. Local governments lead by example with their own facilities. 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION Local Governments in San Diego County have been successfully collaborating with each other and with SDG&E on joint energy efficiency initiatives over the last 6 years as part of the Local Government Partnership programs and as part of federal stimulus-funded activities related to energy efficiency. These agencies are now formalizing this "network" through creation of the San Diego Regional Energy Partnership (SDREP). The SDREP will be led by a "Local Government Steering Committee" with representatives from the City of Chula Vista, City of San Diego, County of San Diego, Port of San Diego, and San Diego Association of Governments (representing smaller jurisdictions), in close collaboration with San Diego Gas & Electric and other regional partners. GOALS, OBJECTIVES, & DELIVERABLE 1. Further develop and support regional Energy Upgrade California (EUC) implementation and the broader existing home retrofit market to facilitate "deep energy retrofits" (both in terms of high energy savings and untapped markets in existing residential buildings). a. Objective -The SDREP will support and expand the current San Diego Retrofit Advisory Council (RAC) to include broader stakeholder participation from local governments, community organizations, realtors, financing institutions, and contractors. b. Obiective - SDREP will conduct outreach, education, and coordination activities for the local real estate community in order to enable this key market actor to become a strong advocate for energy efficiency. P~~e 126pf 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program c. Objective - SDREP will build on initial efforts utilizing geographic information systems (GIS) to develop an online mapping tool that incorporates building stock, census, utility, and past EUC project data to help inform home energy retrofits. d. Objective - SDREP will complete a review of current permitting and building plan check requirements for EUC-type projects throughout the 19 jurisdictions within San Diego County. e. Obiective - SDREP will pilot an incentive program for home energy ratings of existing homes to strategically leverage local government processes, such as point-of--sale and permit application opportunities. f. Objective - SDREP will work with local community colleges, economic development corporations, and community organizations to develop hands-on home performance training opportunities for unemployed and underemployed workers and Non-EUC contractors to expand regional workforce training opportunities and to link to municipal affordable housing programs. 2. Further assist local governments and communities in the San Diego region with understanding and implementing climate action strategies, especially related to energy efficiency. a. Obiective - SDREP will expand the current Climate Collaborative website platform and branding to include all local jurisdictions and highlight climate strategies that produce indirect energy savings, such as water conservation and urban heat island mitigation programs. b. Obiective - SDREP will develop joint Green Business outreach and marketing materials to recruit and recognize local businesses voluntarily implementing energy efficiency and other sustainability measures, and serves as a conduit for participation in utility-sponsored direct install programs. c. Objective - SDREP will complete a review of current energy codes and policies throughout the different jurisdictions to support progress towards Zero Net Energy building goals. 3. Facilitate the sharing of technical expertise and leveraging of purchase power between local governments to spur "deep energy retrofits" at municipal facilities across the region. a. Obiective - Through a Joint Procurement Strategies Working Group, SDREP will identify shared municipal facility retrofit opporhrnities across jurisdictions in the region to leverage "economies of scale" and to assist smaller jurisdictions with implementing their first energy efficiency upgrades. TARGET AUDIENCE To include: Municipal facility, energy management, planning, and support staff across the region. SCHEDULE The SDREP encompasses various programs and projects implemented in coordination with regional partners. Therefore, each of the specific SDREP programs and projects would be guided by their own individual timeline. P~ge13~f14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program BUDGET Pro ram Name: Re Tonal Collaboration Pro ram Bud et Item $ Administrative Costs $36,196 18% Marketin Outreach Costs $26,515 13% Direct Im lementation Costs $137,289 69% Total $200,000 100% PROGRAM COMPONENT Partnership Management & Administration DESCRIPTION The program is coordinated and administered by two central City staff members (Manager & Administrative Assistant) to improve efficiency, effectiveness, and communication between all parties. The staff member also serves as a direct contact for SDG&E program managers. GOALS, OBJECTIVES, & DELIVERABLE 1. Support successful implementation of the Chula Vista Local Government Partnership to remain within the proposed timeline and budget. a. Obiective -The Partnership Administration team will ensure that all parties are coordinating closely and frequently. i. Deliverable -Organize quarterly coordination meetings to provide updates on implementation progress and next steps. ii. Deliverable -Complete quarterly invoices and reports in addition annual reports and Strategic Plan updates. TARGET AUDIENCE To include: City and SDG&E staff involved in the Chula Vista Local Government Partnership. SCHEDULE Jan ' 13 -Dec' 14: Organize quarterly coordination meetings Complete quarterly invoices & reports BUDGET Pro ram Name: Partnershi Mana ement & Administration Pro ram Bud et. Item $ Administrative Costs $321,804 100% Marketin Outreach Costs - - Direct Im lementation Costs - - Total $321,804 100% Page 11 of 14 i i ATTACH~l~iv7 AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM BETWEEN CITY OF CHULA VISTA and SAN DIEGO GAS & ELECTRIC COMPANY Dated: December 15, 2009 This program is funded by California utility customers under the auspices of the California Public Utilities Commission. 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-19 THIS AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHIJLA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM (the "Agreement") is effective as of January 1, 2010 ("Effective Date") by and among SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E'~, and THE CITY OF CHULA VISTA ("City"). SDG&E and City may be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, on October 1, 2009 the California Public Utilities Commission (the "Commission") in 09-09-047 in A.08-07-021 et al authorized certain energy efficiency programs to be delivered to California utility customers for the years 2010 through 2012 and the continuation of programs where local governmental entities partnered with utilities to deliver energy efficiency information and education to utility customers; WHEREAS, SDG&E submitted applications for the implementation of energy efficiency programs which included the 2010-2012 City of Chula Vista Energy Efficiency and Conservation Partnership Program (hereinafter referred to as the "Program"), involving the delivery of energy efficiency funding, incentives, information, training and materials to City, its residents, developers, and South Bay cities in SDG&E's service territory; WHEREAS, the Parties desire to enter into an agreement that supersedes all previous agreements, if any, and sets forth the terms and conditions under which the Program for the 2010 through 2012 program years shall be implemented; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby aclaiowledged, the Parties agree as follows: 1. DEFINITIONS 1.1. Agreement: This document and all exhibits attached hereto and incorporated herein, and as amended from time to time. 1.2. ALJ: The Administrative Law Judge assigned to the Commission's Energy Efficiency Rulemaking (R.O1-08-028) or its successor proceeding. 1.3. Amendment: A future document executed by the authorized representatives of all Parties which changes or modifies the terms of this Agreement. 1.4. Authorized Budget: The Commission-approved total for performance of the Authorized Work is $4,088,991 as set forth in the Scope of Work. 1.5. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 2 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-20 1.6. Calendar Day: The period from including Satwdays, Sundays, and holidays. Agreement aze Calendar Days. one midnight to the following midnight, Unless otherwise specified, all days in this 1.7. Scope of Work: The Parties' Scope of Work for implementing the Program in SDG&E's service territory is attached hereto and incorporated herein as Exhibit A. 1.8. Contractor: An entity contracting directly or indirectly with a Party, or any subcontractor thereof subcontracting with such Contractor, to furnish services or materials as part of or directly related to such Party's Authorized Work obligations. City's Contractors shall be selected from SDG&E's approved list, where applicable, and shall not include City's contract staff labor for the Program. 1.9. Cost Categories: Items defined by the Commission's Reporting Requirements Manual. The cost categories relevant to this Program are noted in the Scope of Work. 1.10. Eligible Customers or Customers: Customers eligible for Program services are 5DG&E customers. 1.11. Energy Efficiency Measure (or Measwe): As used in the Commission's Energy Efficiency Policy Manual, Version 3, August 2005. 1.12. EM&V: Evaluation, Measurement and Verification of the Program pwsuant to Commission requirements. 1.13. Gas Swchazge: The funds collected from gas utility ratepayers pwsuant to Section 890 et al. of the California Public Utilities Code for publio purposes programs, including energy of&ciency programs approved by the Commission. l .14. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other indirect costs), reasonable expenditures that are directly identifiable to and required for the Authorized Work, up to the amounts budgeted in the Concept Paper's budget worksheets for such Authorized Work. 1.15. Public Goods Charge (PGC): The funds collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. In addition, all terms used in the singular will be deemed to include the plwal, and vice versa. The words "herein," "hereto," and "hereunder" and words of similaz import refer to this Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Agreement, except as the context clearly requires otherwise. "Includes" or 3 2010-2012 CITX OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-21 "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 2, PURPOSE The Program is funded by California utility ratepayers and is administered by SDG&E under the auspices of the Commission. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will jointly implement the Program. The work authorized pursuant to this Agreement is not to be performed for profit. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 3. PROGRAM DESCRIPTION The 2010-2012 SDG&E/Chula Vista Energy Efficiency Partnership's goal is to create innovative approaches to improving community and municipal energy efficiency and achieving both direct and indirect energy savings. The Partnership will combine and leverage the resources of four City departments to deliver cost-effecfive, holisflc opportunities for promofing energy efficiency within the community. The program components include municipal facility efficiency improvements, strengthened building energy codes and inspections, energy-saving redevelopment planning and design and community-based energy conservation education and facility assessments. The program will mainly serve City of Chula Vista residents and businesses estimated at 225,000 and 13,000, respectively. It is also anticipated that the SDG&E/Chula Vista Partnership may partially serve neighboring communities and further act as a program model for other South Bay cities' future involvement in SDG&E Energy Efficiency Partnerships. 4. AUTHORIZED WORK 4.1. Sco e. The work authorized by the Commission for the Program ("Authorized Work") is set forth in this Agreement and in the Scope of Work for the service territory of SDG&E and shall be performed by the Parties pursuant to the terms of this Agreement. 4.2. Obiectives. Major objectives for the Program are as follows: Community Energy Efficiency The Conservation & Environmental Services Department will continue to promote energy efficiency and conservation in the community through its business/residential energy evaluation program and participation in community outreach events. Staff will use the on-site evaluations and events to distribute energy-saving devices such as Compact Fluorescent Lamps, LED holiday lights, indoor water savings kits, and "smart" power strips to help the community reduce their energy use and utility costs. Staff will also integrate the new Home 4 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-22 Upgrade, Carbon Downgrade program, which provides streamlined permitting, contracting, and financing for energy efficiency retrofits, into Partnership activities. Finally, the Conservation & Environmental Services Department will assist neighboring South Bay communities in developing their own energy and climate-related programs helping to reduce regional energy demand and improve local air quality. Sustainable Communities The Sustainable Communities Program, which is administered by the Development Services Department, will work to further integrate energy efficiency into the planning, permitting, and inspection process. Program staff will provide technical support to permit applicants, contractors, and developers on energy efficiency measures and will train permit counter technicians, plans examiners, and building inspectors on advanced energy technologies. Finally, the program will verify compliance with Chula Vista's new green building standazds (including enhanced energy efficiency requirements) and may develop a voluntary, incentivized option for project proponents interested in efficiency levels beyond the new State codes and related City ordinances. Energy-Ej~cient Economic Development Initiative The City's Economic Development Division will demonstrate how energy- efficient and renewable energy technologies and energy conservation can be cost- effectively integrated into large-scale development projects to reduce energy consumption and greenhouse gas emissions. The initiative will expand upon and leverage current work by the National Energy Center for Sustainable Communities through additional reseazch, demonstration, and technical assistance projects that will enable developers and builders to design and construct high- efficiency and zero-net-energy projects at "Greenfield" and "Brownfield" sites throughout the City. Municipal Energy Efficiency Improvements The program, which is administered by Public Works with assistance from the Conservation & Environmental Services Department, will support staff time to expand the City's energy management efforts by identifying and implementing energy efficiency and demand response strategies which lower municipal energy consumption and produce cost savings. 5. OBLIGATIONS OF THE PARTIES 5.1. Generally. Each Party shall perform its Authorized Work obligations within the Authorized Budget in conformance with the deliverables, schedules (including the Milestone Schedule) and the budgets associated with such Authorized Work as set forth in this Agreement and the Concept Paper, and shall furnish the required labor, equipment 5 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-23 and material with the degree of skill and care that is required by current professional standards. 5.2. Additional Obligations of Citv. 5.2.1. City shall obtain the approval of SDG&E when developing Program marketing materials prior to any distribution, publication, circulation or dissemination in any way to the public. In addition, all advertising, marketing or otherwise printed or reproduced material used to implement, refer to or is in any way related to the Program must contain the following language: "This program is funded by California utility ratepayers and administered by San Diego Gas & Electric Company, under the auspices of the California Public Utilities Commission." 5.2.2. City will communicate regularly with the program representative of SDG&E, and shall advise SDG&E of any problems or delay associated with City's Authorized Work obligations. 5.3. Additional Obligations of SDG&E. 5.3.1. SDG&E will be actively involved in all aspects of Program delivery. SDG&E will use its best efforts to add value to the Program by dedicating the human resources necessary to implement the Program successfully and providing in-kind services support for the Program's marketing and outreach activities. 5.3.2. SDG&E shall provide, at no cost to the Program, informational and educational materials on SDG&E's statewide and local energy efficiency programs to City to enable City to implement the Program. 5.3.3. SDG&E shall provide a program representative on a part-time basis, who will be the point of contact between City and SDG&E for the Program. 5.4. EM&V. Once the Commission has approved and issued an evaluation, measurement and verification (`BM&V") plan for the Program, such EM&V plan shall be attached to this Agreement as Exhibit B and shall be incorporated herein by this reference. Any subsequent changes or modifications to such EM&V plan by the Commission shall be automatically incorporated into Exhibit B. 6. ADMINISTRATION OF PROGRAM 6.1. Decision-makin¢ and Approval. 6.1.1. The following actions and tasks require unanimous consent of the Parties: 6 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-24 a. Any action that materially deviates from the Scope of Work. b. Any action that materially impacts the Scope of Work's schedule or the Program. c. Any action that materially impacts the Program's budget set forth in the Scope of Work. d. Selection of any Contractor not previously approved by SDG&E. 6.1.2. Unless otherwise specified in this Agreement, the Forties shall document all material Program decisions, including, without limitation, all actions specified in Section 6.1.1 above, in meeting minutes or if taken outside a meeting, through written communication, which shall be maintained in hard copy form on file by the Parties for a period of no less than ten (10) years after the expiration or termination of this Agreement. 6.2. Regular Meetings. During the Term of this Agreement, the Parties shall meet on a regular basis, which shaIl occur no less than quarterly, at a location reasonably agreed upon by the Parties, and shall engage in routine weekly communication to review the status of the Program's deliverables, schedules and the budgets, and plan for upcoming Program implementation activities. Any decision-making shall be reached and documented in accordance with the requirements of Section 6.1.2 above. 6.3. Coordinating the Program Activities. Each Party shall be responsible for (i) coordinating the implementation of its Authorized Work obligations with the other Party, and (ii) monitoring the overall progress of the Authorized Work, to ensure that the Program remains on target, (including achieving the Pmgram's energy savings and demand reduction goals), on schedule (including pursuant to the milestone schedule set forth in Exhibit D ("Milestone Schedule"), and meets all reporting and other filing requirements. 6.4. Regular Communication. The Parties agree to communicate regularly with the other Parties and to advise the other Parties of any problems associated with successful implementation of the Program. 6.5. Coordinating with Other Energy Efficiency Programs. As applicable, SDG&E shall coordinate with other existing or selected programs (including programs targeting low-income customers) to enhance consistency in incentives and other Program details, minimize duplicative administrative costs and enhance the possibIlity that programs can be mazketed together to avoid duplicative marketing expenditures. All Parties will coordinate with other energy programs to maximize customer satisfaction and energy savings. 6.6. Non-Responsibility for Other Parties. Notwithstanding anything contained in this Agreement in the contrary, a Party shall not be responsible for the performance or non- 7 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-25 performance hereunder of any other Party, nor be obligated to remedy any other Party's defaults or defective performance. 7. DOUBLE DIPPING PROHIBITED. In performing its respective Authorized Work obligations, a Party shall implement the following mechanism and shall take other practicable steps to minimize double-dipping: 7.1. Prior to providing incentives or services to an Eligible Customer, City shall obtain a signed form from such Eligible Customer stating that: 7.1.1. Such Eligible Customer has not received incentives or services for the same measure from any other SDG&E program or from another utility, state, or local program; and 7.1.2. Such Eligible Customer agrees not to apply for or receive incentives or services for the same measure from another utility, state, or local program. City shall keep its Eligible Customer-signed forms for at least 5 years after the expiration or termination of this Agreement. 7.2. City shall not knowingly provide an incentive to an Eligible Customer, or make payment to a Contractor, who is receiving compensation for the same product or service either through another ratepayer funded program, or through any other funding source. 7.3. City represents and warrants that it has not received, and will not apply for or accept incentives or services for any measure provided for herein or offered pursuant to this Agreement or the Program from any other utility, state or local program. 7.4. The Parties shall take reasonable steps to minimize or avoid the provision of incentives or services for the same measures provided under this Program from another program or other funding source ("double-dipping"). 8. REPORTING 8.1. Reporting Requirements. The Parties shall implement those reporting requirements set forth in Exhibit C attached hereto and incorporated herein by this reference, as approved by the Commission and as the same may be amended from time to time, or until the Commission otherwise requires or issues different or updated reporting requirements for the Program, in which case and at which time such Commission- approved reporting requirements shall replace the requirements set forth in Exhibit C in their entirety. 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-26 8.2. Commission Renortine Requirements Manual. All reports shall be submitted in accordance with the requirements of the latest version of the Commission's Reporting Requirements Manual (currently Version 3, Revised April 2005) and any other reporting protocol established by Commission staff. The Parties shall use their best efforts to provide any additional information as requested by SDG&E or by Commission staff. 9. PAYMENTS 9.1. Authorized Budget. The total Authorized Budget for performance of the Authorized Work is $4,088,991. No Party shall be entitled to compensafion in excess of the Authorized Budget for such Party's Authorized Work obligations. However, if SDG&E executes any fund shift in accordance with Section 9.4 below, then each Party shall be entitled to compensation up to, but not exceeding, the Authorized Budget, as revised to reflect such fund shift, for such Party's Authorized Work obligations. 9.2. Program Expenditures. Each Party shall be entitled to spend PGC or Gas Surcharge Program Funds on Program Expenditures incurred by such Party. 9.3. Payment to City. In order for City to be entitled to PGC or Gas Surcharge funds for Program Expenditures: 9.3.1. City shall submit quarterly reports to SDG&E, in a format reasonably acceptable to SDG&E and containing such information as may be required for the reporting requirements set forth in Section 8 above ("Quarterly City Reports"), by the tenth (10`~ Calendar Day of the calendar month following performance, setting forth all Program Expenditures. 9.3.2. City shall submit to SDG&E, together with its Quarterly City Report, a quarterly invoice for reimbursement of reported Program Expenditures, in a format acceptable to SDG&E, attaching all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the following: a. Incentives: Subject to the provisions of Section 7, for each incentive paid to Eligible Customers or Contractors (other than point of purchase programs): (i) Eligible Customer or Contractor name, address and telephone number; (ii) the type and quantity of each measure installed or received; (iii) the amount of each incentive paid, and (iv) the date each payment was provided or each measure was installed or received. 9 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-27 b. Labor: For each of the Program's budget categories applicable to City (e.g. Direct Implementation), alist of individuals and total hours worked and labor rate(s) for each person during the month in each budget category. c. Overhead items other than traveUiraining/conferences: Supporting documentation for overhead items such as rent, computer equipment, facility charges, is required and shall be provided in accordance with the provisions of Exhibit C. However, such information must be provided upon request by either SDG&E or the Commission. d. Travel/Training/Conference: Supporting documentaflon for all travel-related expenditures. While original receipts need not be submitted, a detailed expense report for all travel expenses should be provided, which includes airfaze, mileage, meals, lodging, parking, etc, in the format approved by SDG&E. A detailed travel expense report should include the following information: name of person incurring expense, reason for expense, date(s) incurred and type of expense (e.g. Airfare, Airport Parking, Rental Caz, Other Pazking, Mileage, Meals, Hotel, Other costs, if any). e. Contractor Costs: Copies of all Contractor invoices. If only a portion of the Contractor costs applies to the Program, City shall clearly indicate the line items or percentage of the invoice amount that should be applied to the Program, as provided in Exhibit C. £ Marketing: A copy of each distinct marketing material produced, with quantity of a given marketing material produced and the method of distribution. 9.3.3. SDG&E reserves the right to reject any City invoiced amount for any of the following reasons: a. The invoiced amount, when aggregated with previous Program Expenditures, exceeds the amount budgeted therefore in the Authorized Budget for such Authorized Work. b. There is a reasonable basis for concluding that such invoiced amount is unreasonable or is not directly identifiable to or required for the Authorized Work, the Scope of Work or the Program. c. Such invoiced amount, in SDG&E's sole discretion, contains chazges for any item not authorized under this Agreement or by the 10 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-28 Commission, or is deemed untimely, unsubstantiated or lacking proper documentation. 9.3.4. Should SDG&E disapprove of any Program Expenditure of City, City invoice or Quarterly City Report, SDG&E may request such additional performance required from City, modification required to City's invoice or such other action as may be required of City, and any continuing dispute there from shall be resolved in accordance with the procedures set forth in Section 14. 9.3.5. City shall maintain for a period of not less than five (5) yeazs all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the documentation set forth in Section 9.3.2(a) through (g) above. City shall promptly provide, upon the reasonable request by SDG&E, any documentation, records or information in connection with the Program or its Authorized Work. 9.4. Shifting Funds Across Bud¢et Cate og ries. SDG&E may shift Program funds among budget categories (e.g. Administrative and Direct Implementation) asset forth in the Scope of Work to the maximum extent permitted under, and in accordance with, Commission decisions and rulings to which this Program relates. 9.5. Reasonableness of Expenditures. Each Party shall beaz the burden of ensuring that its Program Expenditures are objectively reasonable. The Commission has the authority to review all Program Expenditures for reasonableness. Should the Commission, at any time, issue a finding of unreasonableness as to any Program Expenditure, and require a refund or return of the PGC or Gas Surchazge funds paid in the reimbursement of such Program Expenditure, the Party who incurred such Program Expenditure and received reimbursement under this Agreement shall be solely and severally liable for such refund or return. 9.6. Refund of PGC or Gas Surcharge Funds. With respect to any amount subject to refund to the Commission pursuant to any subsequent Commission decision or ruling, should the Commission determine that a refund is due and seeks to recover such refund, the amount due shall be returned as dtrected by the Commission, within 30 days of receipt of written notice that payment is owed, as follows: (1) if the refund is attributable to an overpayment of Program funds to a Party, then that Party shall be solely liable for such refund; (2) if the refund is attributable to an unreasonable expenditure, then the Party who (i) incurred such Program Expenditure and received reimbursement under this Agreement, or (ii) was otherwise entitled to receive reimbursement under this Agreement but did not actually receive reimbursement due to receipt of an equivalent offset, shall be solely liable for such refund; (3) for any other refund, each Party shall be solely liable for its pro-rata share, deternvned by calculating the percentage of the total overall Program Expenditures represented by each Party's reimbursements of Program Expenditures (both II 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-29 actual reimbursements and those to which the Party was otherwise entitled but did not receive due to receipt of an equivalent offset). Nothing in this provision is intended to limit a Party's right to pursue administrative or other remedies available with respect to a Commission decision or ruling. A Party's approval of any action which is the responsibility of another Party under this Agreement shall not shift the corresponding responsibility with respect to any overpayment or unreasonable Program Expenditure. Notwithstanding the foregoing, any overpayment of Program funds to a Party (the "Receiving Party") shall be immediately due and payable by the Receiving Party, upon demand therefore, to the Party who made the overpayment, and the Party who made the overpayment shall have the right to set the overpayment off from any other Program funds payable to the Receiving Party, if possible, or otherwise pursue any available remedies for the recovery of the overpayment. 10. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES. Unless this Agreement is terminated pursuant to Section 24 below, or otherwise by the mutual agreement of the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined by the Scope of Work) and reporting requirements by no later than March 31, 2013. 11. FINAL INVOICES All Parties must submit final invoices no later than Mazch 31, 2013. 12. INDEMNITY 12.1. Indemnity by City. City shall indemnify, defend and hold harmless SDG&E, and its successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a} City's negligence or willful misconduct in City's activities under the Program or performance of its obligations hereunder, or (b) City's breach of this Agreement or of any representation or warranty of City contained in this Agreement. 12.2. Indemnity by 5DG&E. SDG&E shall indemnify, defend and hold harmless City and its successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) SDG&E's negligence or willful misconduct in SDG&E's activities under the Program or performance of its obligations hereunder or (b) SDG&E's breach of this Agreement or any representation or warranty of SDG&E contained in this Agreement. i2 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-30 12.3. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY INDIItECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR TERMINATION OF THIS AGREEMENT. 13. OWNERSHIP OF DEVELOPMENTS The Parties acknowledge and agree that SDG&E, on behalf of its ratepayers, shall own all data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments' or other written, recorded, photographic or visual materials, or other deliverables produced in the performance of this Agreement; provided, however, that Developments do not include equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although City shall retain no ownership, interest or title in the Developments except as may otherwise be provided in the Scope of Work, it will have a permanent, royalty free, non- exclusive license to use such Developments. 14. DISPUTE RESOLUTION 14.1. Dispute Resolution. Excegt as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 14. 14.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty (b0) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rate shaze of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Fatly shall bear its own legal fees and expenses. 13 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCYAND CONSERVATION PARTNERSHIP AGREEMENT 10-31 14.3. Confidentiality. All negotiations and any mediation conducted pursuant to Section 14.2 shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference. 14.4, Injunctive Relief. Notwithstanding the foregoing provisioris, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 14.5. Continuing Obli ag tion. Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. 14.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 14.2. 15. REPRESENTATIONS AND WARRAN'ITES City represents and warrants, as of the Effective Date and thereafter during the Term of this Agreement that: 15.1. The Authorized Work performed by City and its Contractors shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments, and all agencies thereof. 15.2. The Authorized Work performed by City and its Contractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 15.3. City shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 15.4. City shall contractually require each Contractor it hires to perform the Authorized Work to indemnify SDG&E to the same extent City has indemnified SDG&E under the terms and conditions of this Agreement. 15.5. City shall retain, and shall cause its Contractors to retain, all records and documents pertaining to its Authorized Work obligations for a period of not less than five (5) years beyond the termination or expiration of this Agreement. 14 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-32 15.6. City shall contractually require all of its Contractors to provide the other Parties reasonable access to relevant records and staff of Contractors concerning the Authorized Work. 15.7. City will take all reasonable measures, and shall require its Contractors to take all reasonable measures, to ensure that the Program funds in its possession aze used solely for Authorized Work, which measures shall include the highest degree of care that City uses to control its own funds, but in no event less than a reasonable degree of care. 15.8. City will maintain, and may require its Contractors to maintain, the following insurance coverage or self insurance coverage, at all times during the Term of this Agreement: a. Workers' Compensation and Employers' Liability: statutory minimum. b. Commercial General Liability: $1 mIllion minimum. c. Commercial or Business Auto (if applicable): $1 million minimum. d. Professional Liability (if applicable): $1 million minimum. 16. PROOF OF INSURANCE 16.1. Evidence of Insurance. Upon request at any time during the Term of this Agreement, City shall provide evidence that its insurance policies (and the insurance policies of any Contractor, as provided in Section 15.8) aze in full force and effect, and provide the coverage and limits of insurance that City has represented and warranted herein to maintain at all times during the Term of this Agreement. 16.2. Self-Insurance. If City is self-insured, City shall upon request forward documentation to SDG&E that demonstrates to SDG&E's satisfaction that City self- insures as smatter of normal business practice before commencing the Authorized Work. SDG&E will accept reasonable proof of self-insurance compatable to the above requirements. 17. CUSTOMER CONFIDENTIALITY REQUIREMENTS 17.1. Non-Disclosure. City, its employees, agents and Contractors shall not disclose any Confidential Customer Information (defined below) to any third parry during the Term of this Agreement or after its completion, without City having obtained the prior written consent of SDG&E, except as provided by law, lawful court order or subpoena azid provided City gives SDG&E advance written notice of such order or subpoena. 17.2. Confidential Customer Information. "Confidential Customer Information" includes, but is not limited to, a SDG&E customer's name, address, telephone number, account number and all biIHng and usage information, as well as any SDG&E customer's information that is marked confidential. If City is uncertain whether any information 15 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-33 should be considered Confidential Customer Information, City shall contact SDG&E prior to disclosing the customer information. 17.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SDG&E may require City to enter into a nondisclosure agreement. 17.4. Commission Proceedines. This provision does not prohibit City from disclosing non-confidential information concerning the Authorized Work to the Commission in any Commission proceeding, or any Commission-sanctioned meeting or proceeding or other public forum. 17.5. Return of Confidential Information. Confidential Customer Information (including all copies, backups and abstracts thereof) provided to City by SDG&E, and any and all documents and materials containing such Confidential Customer Information or produced by City based on such Confidential Customer Information (including all copies, backups and abstracts thereof), during the performance of this Agreement shall be returned upon written request by SDG&E. 17.6. Remedies. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 17 and the obligations of City are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 17 by City, SDG&E shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. 17.7 Public Records Act. Notwithstanding the foregoing, SDG&E understands that all information provided to the City may be subject to public review pursuant to the California Public Records Act (California Government Code Section 6250 et seq.), which provides that records in the custody of a public entity might be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. As a result, City may be obligated to disclose any information provided to the City to any party that requests it to the extent permitted under the California Public Records Aet. 18. TIME IS OF THE ESSENCE The Parties hereby acknowledge that time is of the essence in performing their obligations under the Agreement. Failure to comply with deadlines stated in this Agreement may result in termination of this Agreement, payments being withheld or other Program modifications as directed by the Commission. 19. CUSTOMER COMPLAINT RESOLUTION PROCESS 16 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-34 City shall develop and implement a process for the management and resolution of Customer complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of professional Customer service staff; (b) direct access of Customer complaints to supervisory and/or management personnel; (c) documenting each Customer complaint upon receipt; and (d) elevating any complaint that is not resolved within five (5) days of receipt by City. 20. RESTRICTIONS ON MARKETING 20.1. Use of Commission's Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Commission staff In order to obtain this written approval, SDG&E must send a copy of the planned materials to the Commission requesfing approval to use the Commission name and/or logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for the Program by stating prominently on mazketing materials that the Program is "funded by California ratepayers under the auspices of the California Public Utilities Commission." 20.2. Use of SDG&E's Names. City must receive prior review and written approval from SDG&E for the use of SDG&E's name or logo on any marketing or other Program materials. City shall allow twenty (20) days for SDG&E review and approval. 20.3. Use of Ci Name. SDG&E must receive prior written approval from City for use of City's name or logo on any marketing or other Program materials. SDGBcE shall allow twenty (20) days for such City review and approval. 21. RIGHT TO AUDIT City agrees that SDG&E and/or the Commission, or their respective designated representatives, shall have the right to review and to copy any records or supporting documentation pertaining to City's performance of this Agreement or the Authorized Work, during normal business hours, and to allow reasonable access in order to interview any employees of City who might reasonably have informafion related to such records. Further, City agrees to include a similaz right of SDG&E and/or the Commission to audit records and interview staff in any subcontract related to performance of City's Authorized Work or this Agreement. 22. STOP WORK PROCEDURES SDG&E may suspend City's Authorized Work being for good cause, such as safety concerns, fraud, or excessive Customer complaints, by nofifying City in writing to suspend its Authorized Work being performed in its service territory. City shall stop work immediately, and may resume its Authorized Work only upon receiving written notice from SDG&E that it may resume its Authorized Work. 17 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-35 23. MODIFICATIONS Changes to this Agreement shall only be made by mutual agreement of all Parties through a written amendment to this Agreement signed by all Parties. 24. TERM AND TERMINATION 24.1. Term. This Agreement shall be effective as of January 1, 2010. The Agreement shall continue in effect until December 31, 2012 ("Term") unless otherwise terminated in accordance with the provisions of Section 24.2 below. 24.2. Termination for Breach. Any Party may terminate this Agreement in the event of a material breach by the other Party of any of the material terms or conditions of this Agreement, provided such breach is not remedied within sixty (60) days notce to the breaching Party thereof from the non-breaching Party or otherwise cured pursuant to the dispute resolution provisions set forth ni Section 14 herein. 24.3. Termination for Convenience. SDG&E and/or the City of Chula Vista shall have the right to terminate this Agreement, at their sole convenience and without first obtaining the other Party's prior consent, by providing at least thirty (30) days' prior written notice to the other Party setting forth the effective date of such termination. 24.4. Effect of Termination. 24.4.1. In the event of termination of this Agreement, the Parties shall be entitled to PGC and/or Gas Surchazge Funds for all Program Expenditures incurred or accrued pursuant to contractual or other legal obligations for Authorized Work up to the effective date of termination of this Agreement, provided that any Quarterly City Reports or other reports, invoices, documents or information required under this Agreement or by the Commission are submitted in accordance with the terms and conditions of this Agreement. The provisions of this Section 24.4.1 shall be a Party's sole compensation resulting from any termination of this Agreement. 24.4.2. In the event of termination of this Agreement, City shall stop any Authorized Work in progress and take action as directed by -SDG&E to bring the Authorized Work to an orderly conclusion, and the Parties shall work cooperatively to facilitate. the termination of operations and any applicable contracts for Authorized Work. 18 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-36 25. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: City: The City of Chula Vista Michael Meacham 276 Fourth Avenue Chula Vista. CA 91910 619-409-5870 telephone 619-476-5310 facsimile SDG&E: San Diego Gas & Electric Company Julie Ricks 8326 Century Park Court, CP62E San Diego, CA 92123-1530 858-654-8302 telephone 858-654-0311 facsimile Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Parry; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 26. CONTRACTS Each Party shall, at all times, be responsible for its Authorized Work abligations, and acts and omissions of Contractors and persons directly or indirectly employed by such Party for services in connection with the Authorized Work. 27. RELATIONSHIP OF THE PARTIES The Parties shall act in an independent capacity and not as officers or employees or agents of each other. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 28. NON-DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow hazassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family Gaze leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such 19 2010-2012 CITY OF CHULA VI5TA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-37 discrimination and harassment, and shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a)-(f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)-(f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each Party represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized Work obligations. 29. COMMISSION AUTHORITY TO MODIFY This Agreement shall at all times be subject to the discretion of the Commission, including, but not limited to, review and modifications, excusing a Party's performance hereunder, or termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction. 30. NON-WAIVER None of the provisions of this Agreement shall be considered waived by any Party unless such waiver is specifically stated in writing. 31. ASSIGNMENT No Parry shall assign this Agreement or any part or interest thereof, without the prior written consent of the other Party, and any assignment without such consent shall be void and of no effect. Notwithstanding the foregoing, if SDG&E is requested or required by the Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require City's consent, and SDGBcE shall be released from all obligations hereunder arising after the effective date of such assignment, both as principal and as surety. 32. FORCE MAJEURE Failure of a Party to perform its obligations under this Agreement by reason of any of the following shall not constitute an event of default or breach of this Agreement: strikes, picket lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including, without limitation, any agency or department of the United States of America), acts of terrorism, acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are reasonably beyond the control of such Party. 33. SEVERABILITY 20 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-38 Iu the event that any of the terms, covenants. or conditions of this Agreement, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not sepazable from all other provisions of this Agreement. 34. GOVERNING LAW; VENUE This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Agreement shall be filed in San Diego County, Califona. 35. SECTION HEADINGS Section headings appearing in this Agreement are for convenience only and shall not be construed as interpretations of text. 36. SURVIVAL Notwithstanding completion or of this Agreement, the Parties shall continue to be bound by the provisions of this Agreement which by their nature or terms survive such completion or termination. Such provisions shall include, but are not limited to, Sections 8, 9, 12, 13, 14, 17, 21, 24, 34 and 37 of this Agreement. 37. ATTORNEYS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal action or proceeding shall beaz its own costs and expenses incurred therein, including reasonable attorneys' fees. 38. COOPERATION Each Party agrees to cooperate with the other Parties in whatever manner is reasonably required to facilitate the successful completion of this Agreement. 39. ENTIRE AGREEMENT This Agreement (including the Exhibits hereto) contains the entire agreement and understanding between the Parties and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Agreement. 21 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-39 40. COUNTERPARTS This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. (Signature page follows) 22 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-40 1N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY: APPROVED AS TO FORM THE CITY OF CHULA VISTr~. THE CITY OF CHDLA VISTA James Sandoval City Manager SDG&.E: SAN DIEGO GAS & ELECTRIC COMPANY L~Sti Name: Hal Snyder Title: Vice President, Customer Solutions APPROVED AS TO FORM ~~~ ~/~m Ba esfeld '1Tit e City Attorney 10-41 EXFIIBTT A 2010-2012 SCOPE OF WORK (See following attached pages) 2006-2008 CITY OF CHULA VI5TA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM AGREEMENT 1Q-42 ~~t// i~~ anroF CHULA VISTA 2010-2012 SDG&E LOCAL GOVERNMENT PARTNERSHIP SCOPE OF WORK PROGRAM OVERVIEW a) Program Title: City of Chula Vista/SDG&E Local Government Partnership b) Program Budget (3-Year): $4,088,991 c) Program Term: January 1, 2010 through December 31, 2012 d) Main Contactlnformation: Brendan Reed, Environmental Resource Manager Department of Conservation & Environmental Services 276 Fourth Avenue Chula Vista, CA 91910 619-409-5889 Office 619-476-5310 Fax PROGRAM COMPONENT Municipal Facilities Efficiency Improvements DESCRIPTION The SDG&E/Chula Vista Energy Efficiency Partnership will expand the City's efforts to reduce municipal energy use through facility retrofits and upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately 1.4 million square feet. Annually, the City's buildings wnsume an estimated 12 million kWh and 1 million therms. In addifion, the program will help train municipal facility managers on better energy management practices and will complement Chula Vista's ongoing investments in renewable energy generation. GOALS, OBJECTIVES & DELIVERABLES 1. Develop integrated energy management strategies for major City buildings and facilities 2010-2012 CV/SDG&E Local Government Par~ership 1 of 12 Final SOW 10-43 a. Obiective -Coordinate with SDG&E and other third-party enfifies to complete integrated energy facility audits to identify energy efficiency, demand response, and distributed generation opportunities. i. Deliverables -Complete integrated facility audits for major municipal sites. b. Obiective -Use the EPA Portfolio Manager to track and benchmark all major municipal buildings and facilities' energy consumption over time. i. Deliverables -Uploading of energy consumption data for major municipal facilities to the EPA Portfolio Manager. 2. Reduce energy consumption at City buildings, facilities, and related infrastructure a. Obiective -Coordinate the installation of energy efficient retrofit projects (such as HVAC, lighting, and VFDs) at City buildings, facilities, and related infrastructure. i. Deliverables - Reduce the City's building energy use by approximately 1,000,000 kWh and 20,000 therms. b. Obiective -Complete anenergy-efficient street lighting demonstration project to test the applicability of various lighting technologies for different roadway types. i. Deliverables - Produce a summary report which compares and contrasts the feasibility of using energy-saving lighting fixtures in municipal street lighting operations. c. Obiective -Identify and pursue energy efficiency fmancing options to provide installation capital costs which are not covered under existing incentive programs. i. Deliverables -Secure retrofit project fmancing through California Energy Commission loan or SDG&E "On-Bill Financing" programs (exact value dependent on identified retrofit project list). TARGET AUDIENCE To include: City facility managers and support staff SCHEDULE • Jan- April `10: Begin integrated energy audits Identify retrofit projects at municipal facilities Obtain energy efficiency financing for retrofit projects • May ' 10 -Dec ' 12 Install energy efficiency retrofits and verify energy savings 2010-2012 CV/SDG&E Local Government Partnership 2 of 12 Final SOW 10-44 BUDGET Program Name: Municipal Facilities Efficiency Improvements Pro am Bud et Item $). %- Administrative Costs - - Marketing/Outreach Costs - - Incentive/Rebate Costs - - Direct Implementation Costs $432,000 100% Total $432,000 100% PROGRAM COMPONENT Empower Chula Vista Outreach Program DESCRIPTION The Empower Chula Vista prograzn is designed to complement San Diego Gas & Electric's residential and commercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, and contractors about energy-saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both because their more proximate relationship with citizens, and because they are able to leverage other municipal services/processes to maximize outreach effectiveness. For the 2010-2012 Energy Efficiency Partnership, the City of Chula Vista will build upon its successful Empower Chula Vista program -which distributed over 50,000 CFLs, 2,600 water-saving devices, and performed over 2,000 energy evaluations in the community since 2006 - by broadening its tazgeted audience and its focus on whole-building energy performance retrofits, "plug-loads", and energy consumption behavior. GOALS, OBJECTIVES, & DELIVERABLES 1. Increase the community's awareness and access to energy-saving technologies & promote CPUC/SDG&E's involvement in delivering energy-saving opportunities a. Obiective -Trained City staff will perform free on-site energy evaluations for Chula Vista businesses and residents. The evaluations will include a review of past consumpfion data (using SDG&E's Energy Waves softwaze) and an analysis of energy-saving opportunifies (both technological and behavioral). City staff will provide participants with an overview of applicable SDG&E incentive programs and assistance completing incentive andlor On-Bill Financing applications. All referral information generated through the evaluations will be electronically sent to SDG&E program managers. 2010-2012 CV/SDG&E Local Government Partnership 3 of 12 Final SOW 10-45 i. Deliverables -Energy evaluations of local businesses and residences will be completed generating SDG&E program referrals. b. Obiective - As part of the residential and business evaluations, City staff will demonstrate to participants the amount of electricity being drawn by various plug-load devices in their facility by using a Kill A WattTM device. Participants may also receive a power strip with rimer to reduce wasteful "vampire" energy. i. Deliverables -Energy-saving power strips will be distributed (limit one per household/business during three year cycle). Vampire energy can account for more than 8% of a typical home's electricity usage. o. Obiective -Program participants will have an option of monitoring their home or business's energy consumption over atwo-week period using areal- time energy monitor (PowerCost Monitor TM or other sirnilaz device). At the conclusion of the two week period, City staff will review with the participants their energy use and applicable behavioral and operational changes to reduce their consumption. i. Deliverables -Residents and/or businesses will participate in the energy monitoring program. Studies have shown that increased energy awazeness and simple consumption changes can deliver a 10% reduction in energy use. d. Obiective - As part of the City's Home Upgrade, Carbon Downgrade program, residents and businesses interested in installing more energy- efficient or renewable energy technologies will be able to take advantage of streamlined contracting, permitting, and/or financing to facilitate retrofits. Special focus will be given to promoting cost-effective, whole-building performance upgades (instead of single measures). i. Deliverables -Residents and/or businesses will enroll in the Home Upgrade, Carbon Downgrade program resulting in installed energy- efficiency and demand reduction equipment. 2. Promote the use and proper disposal of energy-efficient lighting a. Obiective - As an incentive for energy assessment program participation, residents and businesses will be offered energy-efficient Compact Fluorescent Lights (CFL) in exchange for traditional models. i. Deliverables - CFLs will be exchanged for incandescent or other traditional bulb types. b. Obiective -Due to the recent mazket transformation from older incandescent lighting to energy-efficient Compact Fluorescent Lights (CFL), there is a growing community demand for opportunities to properly dispose of CFLs. City staff will work to establish and promote convenient CFL disposal opportunities for the South Bay community. i. Deliverables -bisposat events will be organized in the South Bay area, while permanent disposal sites will be promoted. 2010-2012 CV/SDG&E Local Government Partnership 4 of 12 Final SOW 10-46 c. Objective - As part of the annual Starlight Pazade, residents will be able to exchange up to three incandescent holiday light strands for energy-efficient LED holiday lights. i. Deliverables -LED holiday lights will be distributed annually during the three-year program cycle. LED lights can save up to 90% in holiday lighting costs and last 100 times longer than incandescent lights. 3. Expand energy-efficiency opportunities in underserved community sectors in which there is a high demand for energy efficiency services and considerable potential for energy savings a. Obiective -Chula Vista is an ethnically diverse city with a large percentage of residents, business owners, and contractors who speak a foreign language as their primary language. To assist the program in successfully engaging these typically underserved sectors, the City will recruit staff members who aze fluent in Spanish, Tagalog, Vietnamese, or another locally-spoken language. i. Deliverables -Outreach team will include foreign-speaking staff members who are fluent in the aforementioned languages. All outreach materials will be translated into at least 1 foreign language and used to engage with non-English speaking ratepayers. b. Obiecfive - In conjunction with the City's Redevelopment Agency and the Office of Economic Development, the program will place a lazge emphasis on penetrating new community sectors to deliver energy efficiency education, assessments, and SDG&E program referrals. i. Deliverables -Creation and distribufion of customized promotional materials, sector workshops, and multi-department outreach efforts to new sectors which may include mobile homes, corporations, box/department stores, dry cleaners, auto repair, supermarkets, and healthcare offices. c. Obiective -The outreach program's "Peer-to-Peer" efforts will focus on providing technical and policy support to enable smaller South Bay municipalities to pursue energy efficiency regulations, facility retrofit projects and community outreach campaigns by organizing a series of workshops and meetings. The workshops will educate South Bay government employees and officials about all aspects of energy management and provide valuable "lessons learned" from Chula Vista's past experience implementing municipal and community energy efficiency programs. i. Deliverables -Organize workshops and meetings for South Bay municipal staff and officials. Workshop topics may include energy ordinances/codes, energy efficiency technology, retrofit financing, renewable energy integrafion, and greenhouse gas emission inventories. 2010-2012 CV/SDG&E Local Government Paztnerslup S of 12 Final SOW 10-47 TARGET AUDIENCE To include: South Bay elected officials, city employees, non-English speaking ratepayers, residents and businesses (including mobile homes, corporations, box/department stores, dry cleaners, auto repair, supermarkets, and healthcare offices). In order to successfully implement the outreach program, the City will leverage an array of public marketing and media tools which are unique to local governments: City Calendaz/Website 4.5 million monthly `hits' City Newsletter 1,100 subscnl>ers Direct Mailers 200,000 individuals Business License Renewal Pmcess 8,0001icensed businesses Solid Waste~Recycling Billing 85,000 households Multi-Departments! Outreach 300,000 individuals (incl. National City & Imperial Beach) South Bay Community Events 500,000 attendees Clvila Vista Civic Organizations 100 community leaders SCHEDULE • Jan `10: • Feb `10: • April `09: • Dec '09: • Jan'10-Dec'11 BUDGET Recruit & train staff Prepare mazketing plans & materials Create tracking database & forms Begin community energy assessments & Home Upgrade, Carbon Downgrade program Begin Peer-To-Peer workshop series Host an LED holiday lighting exchange Continue progam implementation Below is the program's 3-year Partnership budget. In addition to Partnership funds, the program will leverage the City's Energy Efficiency & Conservation Block Grant funds ($900,000), private financing (up to $10 million), and in-kind community and volunteer support. 2010-2012 CV/SDG&E Loca[ Government Partnership 6 of 12 Final SOW 10-48 Pro am Name: -Empower Ckula Vista Outreach Pro am Pro ram-Bad et Item - $ Administrative Costs $295,701 20% Marketing/Outreach Costs $45,000 4% Incentive/Rebate Costs - - DuectImplementationCosts $1,101,718 76% Total $1,442,419 100% PROGRAM COMPONENT Sustainable Communities Program DESCRIPTION Building upon the current program, the Chula Vista "Sustainable Communifies Program" (SCP) will further City staffs expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and building process. Staff will promote these principles to customers engaged in the municipal permit and construction approval process through the City's Internet, on the phone, or in person at the Public Services Building. Under the SCP, the Development Services Department will also investigate and update their existing programs, guidelines, and regulations to reflect the advances that have been made in both the green building and energy conservation aspects of community and project-level site planning and to coordinate these activities with new energy-related programs. GOALS,. OBJECTIVES & DELIVERABLES 1. Development, adoption, implementation, and modification of programs, policies, and ordinances to increase energy efficiency and sustainability levels over established baseline values. a. Obiective -Dedicate selected staff members to fulfill Local Government Partnership and program goals. Provide funds for a Building Inspector II (full time) and Associate Planner (half time) to develop and maintain expertise in energy efficiency and to initiate energy-saving building and land use measures, respectively. i. Deliverables - New and .updated energy conservation and sustainability policies, guidelines, procedures, and ordinances for lazge-scale new developments, site plans, and new building construction as well as for remodels and additions to existing buildings. 2010-2012 CVISDG&E Local Government Partnership 7 of 12 Final SOW 10-49 ii. Deliverables -Encourage Plan Examiners (3) and the dedicated Building Inspector II (1) to obtain "Certified Energy Plans Examiner" credentials and other relevant certifications. b. Obiective - Invesfigate a voluntary and incentivized program to encourage development to be more energy efficient than new mandatory enhanced standards, i. Deliverables -Research and present a program feasibility summary that would offer an expedited entitlement approval and permitting process for new development that meets an advanced tiered standazd of energy efficiency above the new enhanced mandatory values (15-20% over Title-24) and would be established by code and local ordinance. ii. Deliverables - Reseazch and present a progrun feasibility summary that would offer an expedited permit process to small additions, remodels, and tenant improvements that are more energy efficient than the 2008 Energy Code. These projects aze currently exempt from the new "Above Title-24 Energy Efficiency Ordinance", expected to be in place in 2010. 2. Outreach, support, and education of City staff, the public, the development community, and peer groups on new energy efficiency and sustainability measures. a. Obiective -Update and maintain print and website media content to guide staff and the public on the changes to SCP programs and policies. i. Deliverables -Produce revised hardcopy and digital forms, handouts, brochures, process guides, and information links. ii. Deliverables -Update "Sustainability Center" website with new program materials and energy-focused information regularly. iii. Deliverables -Develop articles about SCP activities to be distributed through news and City information outlets. iv. Deliverables -Regular E-Mail distribufion list notifications to the development community on topics relating to the program. b. Objective -Provide technical support and education on the changes to the SCP programs and policies. i. Deliverables -Attend and participate in events for shazing "lessons learned", successes, and progress information at venues such as SDG&E Partnership Mixers, City staff meetings, and community events. Distribution of SCP and SDG&E materials at these events. ii. Deliverables -Provide regular in-house trainings to Development Services staff on the SCP program, Title 24, Energy Efficiency and Green Building ordinances. iii. Deliverables -Participate in pre-construction meetings on jobsites to explain and aid compliance with the new Green Building 2010-2012 CV/SDGRcE Local Goverunent Partnership 8 of 12 Final SOW 10-50 Standards, Energy Code, and Energy Efficiency ordinances developed. Number of meetings and follow-ups will be dependent on a development project's scope of work and the needs of the applicant or contractor. iv. Deliverables -Staffing of "Sustainability Desk" with a Building Inspector R who will be on-call during public counter hours to answer quesfions, calls, and emails relating to the SCP and Title 24. Inspector will also provide research, guidance, and assistance with plan check of energy efficiency and green building practices at the Development Services counter. v. Deliverables -Maintain current informational materials, brochures, and handouts at the" Sustainability Desk". 3. Increase compliance and enforcement of new "reach" energy efficiency and snstainability codes which were recently adopted by the Chala Vista City Council a. Obiecfive -Building Inspector II to provide verification that all mandatory enhanced energy efficiency and green building requirements aze being properly met. i. Deliverables -Perform field audits on all types of construction projects to confirm compliance with the enhanced energy efficiency requirements and to ensure proper installation and inspection procedures were performed. ii. Deliverables -Regularly review plans and documentation with the developers, contractors, owner builders, and Development Services staff. TARGET AUDIENCE To include: Building and Planning Department staff, BuIlders, Developers, Residents, businesses SCHEDULE • Jan -Mar 2010 Adoption of new enhanced energy efficiency codes Enforcement of new Title 24 2008 code • Apri12010 -Dec 2012 Implementation of SCP goals and deliverables 2010-2012 CV/SDG&E Local Government Partnership 9 of 12 Final SOW 10-51 BUDGET Pro ram Name:.. Sustainable Communities Pro Pr ram Bud et Item %) Administrafive Costs $ 156,440 15% Mazketing/Outreach Costs $73,631 7% Incentive/Rebate Costs - - Direct Implementation Costs $777,930 78% Total $1,008,000 100% PROGRAM COMPONENT Energy-Efficient Economic Development Initiative DESCRIPTION Through the current partnership with SDG&E, the City has begun to demonstrate how energy-efficient and renewable energy technologies and energy conservation (SERE & EC) can be cost-effectively integrated into lazge-scale development projects to reduce energy consumption and greenhouse gas emissions. The proposed program will expand upon and leverage this work through additional research, demonsirafion, and technical assistance initiatives that will enable developers and builders to design and construct high-efficiency and zero-net-energy projects at greenfield, grayfield, and brownfield sites throughout the City. Further, the program will support afull-time Subject Matter Expert (SME) to generate and manage these initiatives and to assist the Economic Development Division and Planning Division attract businesses and development projects that will enhance the City's energy-efficiency and emission reduction goals. GOALS, OBJECTIVES & DELIVERABLES 1. Generate New Knowledge & Methods & Strengthen Utility Efficiency Programs a. Obiective -SME will plan, resource, and manage feasibility studies/projects to determine the cost-effective combinations of EERE&EC technologies and urban design features that deliver maximum energy efficiency and emission reduction gains in representafive residential, commercial, industrial, institutional, and mixed-use projects in Chula Vista. The City and the SME will work closely with SDG&E to ensure that these initiatives enhance the Savings by Design, Sustainable Communities, Emerging Technologies, and the Express Efficiency programs to produce greater energy savings and emission reductions. i. Deliverables -Translation of .the .research into practical resource guides for the development trades including recommended program enhancements for some of the SDG&E programs mentioned above or other general enhancement recommendations. 2010-2012 CV/SDG&E Local Government Partnership 10 of 12 Final SOW 10-52 2. Demonstrate Value of EERE&EC Development Projects a. Obiective -SME will collaborate with development and building industry partners to demonstrate model EERE&EC technology applications in representative development projects across the City. SME will seek additional State agency (California Energy Commission) support to conduct performance verification projects to demonstrate actual performance benefits of selected technology applications. i. Deliverables -Technology demonstration projects and case studies of successful EERE&EC development projects including a compelling business case for .the development industry. Note: Demonstration projects dependent on SDG&E participation. 3. Retain & Expand Allied Businesses, Institutions & Development Projects a. Objective - SME will assist the Economic Development Office in communicating to existing businesses, and to those relocating to the City, the "business case" for EERE&EC technologies and their value in lowering operating costs. SME will participate in the planning and design of the City's new Eco-]ndustrialBusiness Park and will assist the Economic Development Office in recruiting new businesses specializing in clean energy technologies, products and services. SME will assist in recruiting clean energy technology research and development organizations to the University Park and Research Center. SME will assist the Planning Division in incorporating related resources into their programs. The City and the SME will work with the aforementioned SDG&E programs to ensure that new business recruitmenUdevelopmentpmjects produce energy savings and emissions reductions. i. Deliverables -Targeted business/development project recruitment initiafives. These initiatives will assist SDG&E in meeting their obligations under the Global Warming Solutions Act of 2006 (AB 32) and the requirements of SB 1368. TARGET AUDIENCES To include: clean technology companies, universities and related research insfitutes, the hospitality industry, and the real estate development community. SCHEDULE • Tan -May `10: Define the role of the SME & recruit the individual • 7mie -Dec `10: Refine the SME role & develop detailed program plans • Jan ` 11 -Dec ` 12: Implement the program 2010-2012 CVlSDG&E Local GovemmentPartnership 11 of 12 Final SOW 1D-53 BUDGET Program Name:. Energy-Efficient Community Development Initiative - Pro ram Bud et Item $)'..: %):.: .. Administrative Costs $15,000 2% Marketing/Outreach Costs $60,000 7% Incentive/Rebate Costs - - DuectImplementationCosts $729,000 91% Total ~ $804,000 100% PROGRAM COMPONENT Partnership Management & Administration DESCRIPTION The citywide Partnership program is coordinated and administered by a central staff member to improve efFiciency, effectiveness, and communication between all parties. The staff member also serves as a direct contact for SDG&E program managers. BUDGET Program Namex. Partnership Management & Administration Pro ram Bud et Item $ ! Administrative Costs $402,572 100% MarketingfOutreach Costs - - Incentive/Rebate Costs - - Direct Implementation Costs - - Total $402,572 100% 2010-2012 CV/SAG&E Local Government Partnership 12 of 12 Final SOW 10-54 EXHIBIT B EM&V PLAN EM&V Plan will be issued at a later date in 2010 by the California Public Utilities Commission and will be attached at that time. 1 2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM AGREEMENT 10-55 EXHIBIT C R.EPOI2TINGING REQUIREMENTS (As Applicable) 1. Reporting 1.1 Chula Vista shall provide SDG&E with the requisite information, in accordance with Section 9.4 of the Agreement, on the prior month's activities, accomplishments and expenditures incurred in Unified Chula Vista accounting periods related to its respective Authorized Work obligations, for purposes of preparing the Monthly, Quarterly and Annual Reporting. 1.2 SDG&E shall provide Chula Vista in accordance with the provisions of Section 25 ofthe Agreement, or otherwise make available to Chula Vista on SDG&E's website, a copy of the filed Monthly Reporting within five (5) Business Days after filing. 2. Monthly Reporting 2.1 Program Data -A spreadsheet table or tables listing which includes the followug information: Program Costs_(cost reported cumulative-to-date (also referred to as inception-to-date)) 3. Program identification number as provided by the Program Administrator b. Program name C. Total cumulative program authorized budget as adopted by the Commssion d. Total cumulative program operating budget which includes any midcourse budget modifications (e.g., fund shifts} e. Total cumulative program expenditures f. Total program expenditures for the report month g. Total cumulative commitments (limited to incentive commitments) Program Impacts (cast reported cumulative-to-date (also referred to as inception-to-date)) a. Total cumulative net kW, kWh, and Therm savings projections b. Total cumulative achieved net kW, kWh and Therm savings c. Total achieved net kW, kWh and Therm savings for the report month d. Total committed (limited to incentive commitments) net kW, kWh and Therm savings 2.2 Program Changes/New Program Information If applicable, the following information should be reported in the Monthly report: a. Identification of program with operating budgets reduced during the report month b. Identification of program with operating budgets increased during fire report month a Identification of program terminated during the report month 3. Quarterly Report 3.1 Portfolio BenefidCost Metrics (Cumulative to Date a. Total cost to billpayers (TRC, administrative cost and incremental cost per the Standard Practice Manual) b. Total savings to blllpayers (TRC) c. Net benefits to billpayers (TRC) d. TRC Ratio e. PAC Ratio £ Cost per kV/h saved (cents/kWh) (PAC) g. Cost pet therm savings ($/therm) (PAC) 2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM AGREEMENT 10-56 3.2 Measure List A spreadsheet table for each program or program element containing each measure installed, service rendered, or measure/service committed during the report month for which the Program Implementer intends to claim savings. The Program Implementer should include any new measures as part of the quarterly report. The list should display each measure as it is tracked and recorded by the implementer and should include the following parameters at aminimum: a. Name of Measure or Service Rendered b. Measure or Service Description c. DEER Measure ID (where applicable) d. DEER Run ID (where applicable) e. Unit Definition f Unit gross kWh savings g. Unit gross Therms savings h. Unit gross kW demand reduction i. Incremental Measure Cost j. Net to Gross Ratio k. Effective Useful Life I. Detailed end use classification (using classification scheme in section 6) m. Quantity Installed during report period ri. Quantity Committed during report period o. Rebate amount paid p. Market Sector classification (using classification scheme in section ~ q. Mazket Segment classification (using classification scheme in section ~ 3.3 Expenditures for the program per cost reporting format below (Appendix to Attachment contains list of allowable costs) a. Commission Authorized Budget b. Operating Budget c. Total Expenditures i. Administrative Cost ii. Marketing/Advertising/Outreach Costs iii. Direct Implementation 3.4 GBI Report-Progress towards achieving goals of the Green Building Inifiativq if applicable (Cumulative results) a. Estimate of expenditwes on program activities that contribute towazds GBI goals (including both public and non-public commercial participants) b. Net cumulative achieved kW, kWh and Therm savings contributing towards GBI goals. c. Net achieved kW, kWh and Therm savings contributing towards GBI goals for the quarter. d. A description ofnon-resource program activities that support the Green Building Initiatve, including marketing and outreach activities. e. Estimate of squaze footage affected by program activities supporting the Green Building Initiative f Items b, c and a above disaggegated by: i. 2-digit NAICS code ii. Aggregated end use classification (using classification scheme in section 5) 3.5 Program Narratives -For the program, a description of the program activities occurring during the quarter. a. Administrative activities b. Mazketing activities c. Direct Lnplementadon activities d. Chula Vista's assessment of program performance and program status (is the program on target, exceeding expectations, or falling short of expectations, etc.) 27 2D1D-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-57 e. For non-resource programs and program elements (programs or program elements that are not claiming direct energy impacts}, a discussion of the status of program achievements. f Discussion of changes in program emphasis (new program elemerts, less or more emphasis on a particular delivery strategy, program elements discontinued, measure discontinued, etc.) g. Discussion of neaz term plans for program over the coming months (e.g., marketing and outreach efforts that aze expected to significantly increase program participation, etc.) h. Changes to staffing and staff responsibilities, if any i. Changes to contacts, if any j. Changes to subcontractors and subcontractor responsibilities, if any k. Number of customer complaints received 1. Program Theory and Logic Model if not already provided in the program's implementation plan, or if revisions have been made. 3.6 Utility Quarterly Reports - SDG&E shall provide Chula Vista a copy of the filed Quarterly Report within two (2) Business Days after filing with theCommission in accordance with the provisions of the Agreement. 4. Annual Reports The format and content of the annual report is expected to be developed by the CPUC in fall. (to be verified) The Program Implementer wID be required to fulfill these reporting obligations for their program. 5. Reporting Terminology Definitions Adapted Program Budget -The program budget as it is adopted by the Commission. Inclusive of costs (+F) recovered from other sources. Operating Program Budget-The program budget as it is defined by the program administrators for internal program budgeting and management purposes. Inclusive of costs (+E) recovered from other sources. Direct Implementation Expenditares-Costs associated with activities that are a drect interface with the customer or program participant or recipient (e.g.; contractor receiving training). (Note: This is still an open issue, the items included in this definition maybe changed by the CPUC pending discussion on the application of the State's Standard Practice Manual.) Invoice Month- Invoicing months shall be defined as the calendar month represented in largest part in the Unified Chula Vista's official accounting period schedule (Exhibit F). Data is available 15 days following the end dateof the accounting period. Invoices shall be prepared within 10 working days of the availability of Auditor expense reports. Report Month -The month for which a particular monthly report is providing data and information. For example, the report month for a report covering the month of July 2010, but prepazed and delivered later than July 2010, would be July 2010. Program Strategy- The method deployed by a program in order to obtain program participation. Program Element-A subsection of a program, or body of program activities within which a single program strategy is employed. (Example: A body of program activities employing both an upstream rebate approach and a direct install approach is not a single program element) 6. Measure Classification Measure End-Use Classification Each energy efficiencymeasure reported should be classified into one of the following enduse categories 28 2010-2012 CITY OF GHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-58 Resideniaa/ End Uses Detailed End Use Aggregated End Use Clothes Dryer Appliances Clothes Washer Appliances Consumer Electronics Consumer Electronics Cooking Cooking Appliances Dishwasher Appliances Other Appliance Appliances Building Shell HVAC Space Cooling HVAC Space Heating HVAC Interior Lighting Lighting Exterior Lighting Lighting Pool Pump Pool Pump Freezers Refrigeration Refrigeration Refrigeration Water Heating Water Heating Other (User Entered Texf String Description) Other Nonresidential End Uses Detailed End Use Aggregated End Use Building Shell HVAC Space Cooling HVAC Space Heating HVAC Ventilation HVAC Day lighting Lighting Interior Lighting Lighting Exterior Lighting Lighting Office Equipment Office Compressed Air Process Cooking Process Food Processing Process Motors Process Process Cooling Process Process Heat Process Process Steam Process Pumps Process Refrigeration Refrigeration Other (User Entered Tent String Description} Other Measure Market Sector/Market Segment Classification Where reports require market sector or market segment classification, the folowing classification scheme should be used. Markef Sector Residential Single Family Multi Family Mobile Homes Market Segment NA - NA NA NA 29 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-59 Nonresidential Commercial Industrial Agricultural Unknown 7. Allowable Costs NAICS CODE (greater than 2 digit not required) NAICS CODE (greater than 2 digit not required) NAICS CODE (greater than 2 digit not required} NAICS CODE (greater than 2 digit not required) NA Allowable Costs Table The cost items listed on the Allowable Costs sheet aze the onky costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any fmancial commitments are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs aze invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacted in order for the administrator to seek a royal from the CPUC. Cost Cate ones Allowable Costs Administrative Cost Category Mana erial and Clerical Labor IOU Labor -Clerical IOU Labor - Pr ram Desi n lOU Labor - Pr ram Development IOU Labor -Pro ram Plannin IOU Labor -Pro ram/Pro'ect Mana ement IOU Labor -Staff Mana ement IOU Labor -Staff Supervision Subcontractor Labor -Clerical Subcontractor Labor -Pro ram Desi n Subcontractor Labor -Pro ram Development Subcontractor Labor -Pro ram Plannin Subcontractor Labor -Pro ram/Pro'ect Mana ement Subcontractor Labor -Staff Mana ement Subcontractor Labor -Staff Su roision Human Resource Su rt and Develo ment IOU Labor-Human Resources IOU Labor -Staff Develo ment and Trainin IOU Benefits -Administrative Labor IOU Benefits - Direct Im lementation Labor IOU Benefits -Marketin /Advertisin /Outreach Labor IOU Pa roll Tax-Administrative Labor IOU Pa roll Tax-Administrative Labor IOU Pa roll Tax -Administrative Labor IOU Pension -Administrative Labor IOU Pension -Direct Im lementation Labor IOU Pension -Marketin /Advertisin /Outreach Labor Subcontractor Labor- Human Resources Subcontractor Labor -Staff Develo ment and Trainin Subcontractor Benefits -Administrative Labor Subcontractor Benefits -Direct Im lementation Labor Subcontractor Benefits -Marketin Advertisin /Outreach Labor Subcontractor Pa roil Tax-Administrative Labor Subcontractor Pa roll Tax -Direct Im lementation Labor 30 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-60 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed forratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments aze to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desue to include additional Allowable Cost elements, the program administrator should be contacted in order for the administrator to seek a royal from the CPUC. Cost Cate ones Allowable Costs Subcontractor Pa roll Tax -Marketin /Advertisin /Outreach Labor Subcontractor Pension -Administrative Labor Subcontractor Pension -Direct Implementation Labor Subcontractor Pension -Marketin Advertisin /Outreach Labor Travel and Conference Fees IOU Conference Fees IOU Labor -Conference Attendance IOU Travel -Airfare IOU Travel -Lod ing IOU Travel -Meals fOU Travel - Milea e IOU Travel -Parkin IOU Travel -Per Diem for Misc. Ex enses Subcontractor -Conference Fees Subcontractor Labor -Conference Attendance Subcontractor -Travel -Airfare Subcontractor -Travel -Lod in Subcontractor -Travel -Meals Subcontractor -Travel - Milea e Subcontractor -Travel -Parkin Sulx~ntractor -Travel -Per Diem for Misc. Ex nses Overhead General and Administrative -Labor and Materials IOU E ui ment Communications IOU E ui ment Com utin IOU E ui ment Document Re reduction IOU Equi ment General Office IOU E ui ment Trans ortation IOU Food Service IOU Office Su lies IOU Posta e IOU Labor - Accountin Su ort IOU Labor-Accounts Pa able IOU Labor -Accounts Receivable IOU Labor-Administrative IOU Labor- Facilities Maintenance IOU Labor- Materials Mana ement IOU Labor -Procurement IOU Labor -Shop Services IOU Labor-Trans ortation Services IOU Labor-Automated S stems IOU Labor -Communications IOU Labor -Information Technolo IOU Lalwr -Telecommunications 31 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-61 Allowable Costs Table The cost items listed on the Allowable Costs sheet are Hte only costs that can be claimed forratepayer-funded energy efficiency work. The costs reported should be only far costs actually expended. Any financial commitments aze to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cosk elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacted in order for the administrator to seek a royal from the CPUC. Cost Cate ones Allowable Costs Subcontractor E uipment Communications Subcontractor E ui ment Com utin Subcontractor E ui ment Document Re roduction Subcontractor E ui merit General Office Subcontractor E ui merit Trans ortation Subcontractor Food Service Subcontractor Office Su lies Subcontractor Posta e Subcontractor Labor - Accounfin Su ort Subcontractor Labor -Accounts Pa able Subcontractor Labor -Accounts Receivable Subcontractor Labor -Facilities Maintenance Subcontractor Labor -Materials Maria ement Subcontractor Labor -Procurement Subcontractor Labor - Sho Services Subcontractor Labor -Administrative Subcontractor Labor-Trans ortation Services Subcontractor Labor - Automated S stems Subcontractor Labor -Communications Subcontractor Labor -Information Technolo Subcontractor Labor -Telecommunications Marketin /Advertisin /Outreach Cost Cate o IOU -Advertisements /Media Promotions IOU -Bill Inserts IOU -Brochures IOU -Door Han ers IOU -Print Advertisements IOU - Radio S ots IOU - Television S ots IOU -Website Develo merit IOU Labor -Marketin IOU Labor -Media Production IOU Labor -Business Outreach IOU Labor -Customer Outreach IOU Labor -Customer Relations Subcontractor -Bill Inserts Subcontractor- Brochures Subcontractor -Door Han ers Subcontractor- Print Advertisements Subcontractor -Radio Spots Subcontractor-Television S ots Subcontractor -Website Develo merit Subcontractor Labor -Marketin 32 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTIv-ERSHIP AGREEMENT 10-62 Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitments aze to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs aze invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacted in order for the administrator to seek royal from the CPUC. Cost Cate ories Allowable Costs Subcontractor Labor- Media Production Subcontractor Labor -Business Outreach Subcontractor Labor -Customer Outreach Subcontractor Labor- Customer Relations Direct Im lementation Cost Cate o Financial Incentives to Customers Activ -Direct Labor IOU Labor -Curriculum Develo ment IOU Labor -Customer Education and Trainin IOU Labor - Customer Equi ment Testin and Dia nostics IOU Labor -Facilities Audits Subcontractor Labor -Facilities Audits Subcontractor Labor-CurriculumDevelo ment Subcontractor Labor -Customer Education and Trainin Subcontractor Labor - Customer E ui ment Testin and Dia nostics ' Installation and Service -Labor IOU Labor- Customer E ui ment Re air and Servicing IOU Labor- Measure Installation Subcontractor Labor - Customer E ui ment Re air and Servicin Subcontractor Labor - Customer E ui ment Re air and Servicin Direct Im lementation Hardware and Materials IOU Audit A lications and Forms IOU Direct Im lementation Literature IOU Education Materials IOU Ene Measurement Tools IOU Installation Hardware Subcontractor-Direct Im lementation Literature Subcontractor -Education Materials Subcontractor - Ener Measurement Tools Subcontractor -Installation Hardware Subcontractor -Audit A lications and Forms Rebate Processin and Ins action -Labor and Materials IOU Labor -Field Verification IOU Labor -Site Ins actions IOU Labor -Rebate Frocessin IOU Rebate Ap lications Subcontractor Labor -Field Verification Subcontractor Labor- Rebate Processin Subcontractor - Rebate A lications 33 2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 10-63 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING AN AMENDMENT TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC, TO PROVIDE AN ADDITIONAL $3,127,170 FOR ENERGY EFFICIENCY PROGRAMS AND TO EXTEND THE TERM OF THE AGREEMENT; (2) AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AMENDMENT; AND (3) APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND WHEREAS, the Local Government Partnership (LGP) between the City of Chula Vista and San Diego Gas & Electric (SDG&E) supports energy efficiency services to local residents, businesses, and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs; and WHEREAS, the LGP is designed to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by the Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs; and WHEREAS, the funding is provided through "Public Purpose Program" charges embedded within utility rates; and WHEREAS, as part of the LGP, the City and SDG&E entered into an Agreement in 2009 to establish the terms and conditions under which the City's Energy Efficiency and Conservation Partnership Program (the "Program") would be implemented for the years 2010 through 2012; and WHEREAS, the Parties desire to extend the Program through 2014 and, therefore, need to amend the Agreement to include implementation of the Program for the years 2013 through 2014; and WHEREAS, the proposed amendment would .extend the LGP agreement through December 2014 and provide $3,127,170 ($1,563,585 per calendar year) in additional funding; and WHEREAS, the new funding would support the goals outlined in the Chula Vista Energy Strategy & Action Plan (2001), Chula Vista Municipal .Building Energy Efficiency Policy (2005), and Chula Vista Climate Action Plan (2008 & 2011). 10-64 Resolution Page 2 that it: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista (1) Approves "Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program," as presented to, and modified by, the City Council, with such minor modifications as may be required or approved by the City Attorney, a copy of which is on file in the office of the City Clerk; and (2) Authorizes the Mayor to execute the Amendment and the City Manager to execute all other documents necessary to implement the Amendment; and (3) Appropriates $182,224 to the Personnel Services category, $521,875 to the Services and Supplies category, $859,018 to the Other Expenses category, and $468 to the Utilities category of the Energy Conservation Fund for Fiscal Year 2013. Presented by Richard A. Hopkins Director, Public Works Approved as to form by 1 G n R. ins rty Attorney 10-65 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED A$ TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~- c Glen oogins City Attorney Dated: ~ Z_ ~ ~~~2 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC COMPANY TO JOINTLY DELIVER THE 2010-2012 CITY OF CI-IIJL VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM 10-66 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program This Amendment ("Amendment"), effective as of January 1, 2013, amends that certain "Agreement to Jointly Deliver the 2010-2012 City of Chula Vista Energy Efficiency and Conservation Partnership Program" (the "Agreement") effective as of January 1, 2010, by and among San Diego Gas & Electric Company ("SDG&E") and the City of Chula Vista ("City"). Each of SDG&E and City may be referred to herein individually as a "Party" and collectively as the "Parties." Any capitalized terms not defined herein shall have the meanings prescribed to them in the Agreement. WHEREAS, the Agreement sets forth the terms and conditions under which the City of Chula Vista Energy Efficiency and Conservation Partnership Program (the "Program") would be implemented for the years 2010 through 2012; and WHEREAS, the Parties desire to amend the Agreement to include implementation of the Program for the years 2013 through 2014 (the "2013-2014 Program"). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in accordance with Section 23 of the Agreement, the Parties hereby amend the Agreement as follows: 1. The following language shall be added to the end of Section 1.4: "The total Authorized Budget for the 2013-2014 Program shall be $3,127,170, as set forth in the `2013-2014 Local Government Partnership Final Scope of Work', attached as Exhibit A-1 to this Agreement." The following language shall be added at the end of Section 1.7: "The Parties' Scope of Work for implementing the 2013-2014 Program is attached to this Agreement as Exhibit A-1, and is incorporated by this reference." The following language shall be added afrer the first sentence, following the heading, in Section 9.1: "The total Authorized Budget for performance of the Authorized Work for the 2013-2014 Program is $3,127,170." The following language shall be added as the last sentence of Section 10: "The Parties shall complete all 2013-2014 Program Administrative activities (as defined by the Scope of Work) and reporting requirements no later than March 31, 2015." 5. Section 11 shall be deleted in its entirety and replaced with the following updated Section 11: "11. FINAL INVOICES All Parties must submit final invoices for the Program no later than March 31, 2013. All Parties must submit final invoices for the 2013-2014 Program no later than March 31, 2015." PaP~ 1 gf)14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program 6. The following language shall be added as Section 15.9 of the Agreement: "City shall require any Contractor and/or any subcontractor of Contractor performing the Authorized Work to obtain and maintain in good standing throughout the performance of the Authorized Work, to the extent necessary, all licenses and permits required by Applicable Laws to engage in the activities required of them in connection with this Agreement." 7. The following language shall be added as Section 17.8 of the Agreement: "To the extent SDG&E discloses any Confidential Customer Information obtained by SDG&E through the use of advanced metering infrastructure that includes usage information and could be used to reasonably identify an SDG&E customer, City shall access, collect, store, use and disclose such information under policies, practices and notification requirements no less protective than those under which SDG&E operates." 8. The following language shall be added as Section 41 of the Agreement: "41. EQUAL OPPORTUNITY. SDG&E is an equal employment opportunity employer and is a federal contractor. Consequently, City agrees, to the extent applicable, to comply with Executive Order 11246, the Vietnam Era Veterans Readjustment Assistance Act of 1974 and Section 503 of the Vocational Rehabilitation Act of 1973 and also agrees that these laws are incorporated herein by this reference. City also agrees to comply with the provisions of Executive Order 13496 relating to the notice of employee rights under federal labor laws." 9. Extend the Agreement expiration date by replacing "December 31, 2012" with "December. 31, 2014" in Section 24.1. Also, add the following language at the end of Section 24.1: "Notwithstanding the foregoing, all costs for the 2010-2012 Program must be incurred by December 31, 2012 and all costs for the 2013-2014 must be incurred by December 31, 2014." Except as specifically modified by this Amendment, all of the terms, conditions and provisions of the Agreement shall be unmodified and shall remain in full force and effect. (End of page. Next page is signature page.) P~ 2 e~ 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program Capacity of Parties. Each signatory and party to this Amendment warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Amendment, and that all necessary resolutions or other actions have been taken so as to ena~~e it to enter into this Amendment. IN WITNESS WHEREOF, the Parties have executed this Amendment, indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA City of Chula Vista Attest: By: Chetyl Cox, Mayor Approved as to form: By: Glen R. Googins, City Attorney 5AN San Diego Gas & Electric Company By: Donna Nonzs, City Clerlc GAS & ELECTRIC COMPANY Pamela J. Fair, VP, Environmental and Hol Operations Support as to form: Counsel Page 3 of 14 10-69 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program EXHIBIT A-1 2013-2014 LOCAL GOVERNMENT PARTNERSHIP PROGRAM OVERVIEW a) Program Title: Chula Vista Local Government Partnership b) Program Budget (2-Year): $3,127,170 c) Program Term: January 1, 2013 through December 31, 2014 d) Main Contact Information: Brendan Reed, Environmental Resource Manager Public Works Department -Conservation Section 276 Fourth Avenue - Chula Vista, CA 91910 619-409-5889 Office 619-476-5310 Fax PROGRAM COMPONENT Municipal Energy Management CA-LTEESP SUPPORT The City's Municipal Energy Management component will support the following CA Long- Term Energy Efficiency Strategic Plan goals: 3. Local governments lead by example with their own facilities. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The SDG&E/Chula Vista Energy Efficiency Partnership will expand the City's efforts to reduce municipal energy use through facility retrofits and upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately 1.4 million square feet. Annually, the City's facilities consume an estimated 16.5 million kWh and 900,000 therms. In addition, the program will help train municipal facility managers on better energy management practices and will complement Chula Vista's ongoing investments in renewable energy generation. GOALS, OBJECTIVES, & DELIVERABLES 1. Develop integrated energy management strategies for major City buildings and facilities a. Obiective -Based on the results of recent integrated demand-side management audits, develop an Energy Management Action Plan for City facilities identifying near-term (1-2 years) and long-term (3-5 yeazs) project priorities. i. Deliverable - Create an Energy Management Action Plan to guide future retrofit and maintenance opportunities. Pain 4 ~~14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program b. Obiective - Determine the feasibility of establishing a facility-wide energy management system to improve real time energy management capabilities. i. Deliverable - Produce a summary report outlining available and appropriate energy management systems for municipal facilities. ii. Deliverable -Update Capital Improvement Project (CIP) bid requirements, as appropriate, to include the new energy management system specifications. 2. Reduce energy consumption at City buildings, facilities, and related infrastructure a. Objective - Coordinate the installation of energy efficient retrofit projects (such as HVAC, lighting, and VFDs) at City buildings, facilities, and related infrastructure by usirig information obtained in section l.a. above. i. Deliverable -Reduce the City's building energy use by approximately 520,000 kWh and 13,000 therms. b. Objective -Complete an adaptive control street lighting demonstration project to test the applicability of various control technologies for different roadway types. i. Deliverable - Produce a summary report which evaluates the feasibility of using adaptive controls in municipal street lighting operations. c. Objective -Pursue current and emerging energy efficiency financing options to provide installation capital costs, which are not covered under existing incentive programs. i. Deliverable - Secure retrofit project financing, such as California Energy Commission loans, SDG&E On-Bill Financing, and/or CSCDA Sustainable Energy Bond Program (exact value dependent on identified retrofit project list). TARGET AUDIENCE To include: Municipal facility managers and support staff SCHEDULE Jan -June ` 13: Develop Energy Action Management Plan Initiate adaptive streetlight demonstration project July `13 -Dec ' 13: Secure financing & begin retrofit projects Jan ` 14 -Dec ' 14: Develop specs for facility energy management systems Complete adaptive streetlight demo summary report Complete energy efficiency retrofit projects BUDGET Pro ram Name: Munici al Ener Mana ement Pro ram Bud et Item $) %) Administrative Costs - - Marketin Outreach Costs - - Incentive/Rebate Costs - - Direct Im lementation Costs $372,965 100% Total $372,965 100% Pa~~S ~14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program PROGRAM COMPONENT Community Energy Conservation & Upgrade Outreach CA-LTEESP SUPPORT The City's Community Energy Conservation & Upgrade Outreach component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The Community Energy Upgrade & Conservation Outreach program is designed to complement San Diego Gas & Electric's residential and commercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, and contractors about energy-saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both because their more proximate relationship with citizens, and because they are able to leverage other municipal services/processes to maximize outreach effectiveness. GOALS, OBJECTIVES, & DELIVERABLES 1. Increase the business community's awareness about energy-saving opportunities and participation in available energy efficiency programs offered by SDG&E/CPUC. a. Obiective -Trained staff will perform free on-site energy evaluations for Chula Vista businesses through the City's successful Free Resource & Energy Business Evaluation (FREBE) program. City staff will provide participants with an integrated energy audit, an overview of applicable SDG&E direct install, incentive, and financing programs, and assistance completing incentive and/or On-Bill Financing applications. i. Deliverable -Develop energy evaluation reports: for local businesses to generate immediate referrals for SDG&E programs, especially no-cost direct install programs. ii. Deliverable -Survey participating businesses to identify and better understand energy upgrade opportunities and challenges within the local business community. b. Obiective - As part of the business evaluations, City staff will specifically facilitate low- cost energy efficiency solutions and educate participants on new energy-saving technologies. i. Deliverable -Distribute "smart" power strips or similar low cost energy-saving devices (limit one per business during two yeaz cycle) to help demonstrate the benefits of simple energy upgrades to businesses. c. Obiective -Local businesses that aze voluntarily incorporating energy efficiency and other sustainable practices into their operations will be recognized through the Chula Vista CLEAN Business program. The program, which is co-sponsored by the Chula Vista Chamber of Commerce and the Third Avenue Village Association, provides additional technical, mazketing, and networking opporhxnities for these "early adopter" businesses (co funded). Pa~~ 6 pf214 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program i. Deliverable -Organize networking events to share best practices and lesson learned among participants and to highlight newly available energy and sustainability programs. ii. Deliverable -Highlight exemplary businesses that are energy efficiency leaders through annual Chula Vista CLEAN Awards under the auspices of the City's Resource Conservation Commission. d. Obiective -To build momentum towards a local clean energy economy, staff will work to retain and expand clean tech-oriented businesses in Chula Vista. Further, staff will work with current Chula Vista businesses to identify opportunities for new "green" products and service development (co funded). i. Deliverable - Complete a "Green Business Recruitment Study" to inform business recruitment efforts citywide and to guide the planning and design of the City's new Eco-Industrial/Business Park and new University Park & Research Center. ii. Deliverable -Initiate recruitment initiatives for clean tech-oriented businesses and/or development projects, which also .generate referrals for SDG&E's energy efficiency core programs. iii. Deliverable -Promote business-to-business transactions between current clean tech-oriented businesses (and local supply enterprises supporting these businesses) through informal and formal networks, which also generate referrals for SDG&E's core programs. 2. Increase residents' awareness about energy-saving opportunities and participation in energy efficiency programs such as Energy Upgrade California (EUC) and Energy Savings Assistance Program (ESAP). a. Objective -Trained staff will outreach to residents at community events and through community-wide campaigns to educate them on new energy efficiency technologies and available incentive and financing programs. i. Deliverable -Participate in community events on a weekly basis to provide an ongoing communication channel with community members. ii. Deliverable -Organize community-wide campaigns, such as the Cool California Challenge, to promote each citizen's important role in helping Chula Vista reach its energy and environmental goals. b. Obiective -Through the Energy Lounge program, the Chula Vista Library's facilities and services will be leveraged to educate and enroll "hard to reach" residents (such as older and low-income community members) in special energy assistance programs to help lower their utility bills. i. Deliverable -Expansion of the City's inventory of energy-related books, e-books, and tools, which are available for public circulation. ii. Deliverable -Develop monthly energy messaging (utilizing the Energy Lounge digital signage and community board) to promote energy-saving tips and resources. iii. Deliverable -Host quarterly adult and/or youth energy programs that include guest speakers, tool tips, story times, and screening of energy-themed movies at each major library location. c. Obiective - Through the Recreation Empower Hour program, the Chula Vista Recreation's facilities and services will be leveraged to educate children and teens on energy-saving behavior and concepts. Pa~~7 gf314 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program i. Deliverable -Organize after-school program activities to inform and influence energy-saving behavior at home, such as the 5-Minute Shower Challenge. ii. Deliverable -Deployment of the City's Rec & Roll vehicle at special events throughout the yeaz to provide mobile energy-saving programming (as described above). iii. Deliverable -Conduct pre- and post-program learning assessments for children participating in the Recreation Empower Hour, as well as conduct surveys of their parents to assess behavioral impacts at home. d. Objective -Trained staff will perform free on-site energy evaluations for Chula Vista residents through the City's successful Home Upgrade, Carbon Downgrade program. City staff will help to identify home energy performance issues, suggest possible solutions, and provide assistance with completing incentive and financing applications. i. Deliverable - Develop energy evaluation reports for residents to generate immediate referrals for SDG&E core programs. ii. Deliverable -Survey participating residents to identify- and better understand energy upgrade opportunities and challenges within the local community. e. Objective -The City will help to develop the local whole-home energy retrofit market by building local capacity within banking sectors in the community. i. Deliverable -Engage local financial institutions about opportunities to provide loan products for energy efficiency, renewable energy, and other "green building" upgrades. £ Objective - In collaboration with the City's Housing Division, the City will provide direct outreach and assistance to low and moderate-income homeowners to facilitate whole-home energy retrofits through its "Green Homes for All" initiative (co funded). i. Deliverable -Modify existing municipal affordable housing assistance programs (funded by state and federal sources) to better promote energy efficiency upgrades in conjunction with typical health and safety improvements. ii. Deliverable -Leverage the City's current low-interest revolving loan fund to target income-qualified homeowners enabling participation in Energy Upgrade California. 3. Expand energy-efficiency opportunities in neighboring communities through collaboration and peer-to-peer support as part of the South Bay Energy Action Collaborative (SoBEAC). a. Objective -Chula Vista will assist South Bay jurisdictions in managing energy consumption and costs at their municipal facilities by sharing lessons learned and providing technical support (dependent on partnering jurisdictions' selected priorities). i. Deliverable -Review existing energy benchmark data and submit eligible facilities for ENERGY STAR certification. ii. Deliverable - Provide training opportunities for facility staff on energy management techniques and resources. iii. Deliverable -Develop specifications, sample council agenda reports & resolutions, and incentive applications for identified energy upgrade projects. b. Objective -Chula Vista will assist South Bay jurisdictions in further integrating energy efficiency into building and development processes (dependent on partnering jurisdictions' selected priorities). P~ 8~~14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program i. Deliverable -Work with SDG&E to provide training sessions for municipal building and planning staff on energy efficiency and sustainable building opportunities and rebate programs applicable to permit applicants and developers. ii. Deliverable -Develop kiosks and display racks for permit counter areas to showcase available sustainable building resources. iii. Deliverable -Create suggested energy-related language and topics (menu style) for inclusion into community planning documents such as General Plan and Housing Element sections. c. Objective -Chula Vista will help South Bay jurisdictions educate their local community members on energy efficiency opportunities (dependent on partnering jurisdictions' selected priorities). i. Deliverable -Create South Bay-specific energy efficiency information packets and giveaways highlighting general energy efficiency tips and available resources for local community members. ii. Deliverable -Develop "South Bay Library Kits" featuring energy-efficiency and "green" living books, resources, and tools for public circulation as well as related public programming and signage. iii. Deliverable - Launch a joint South County marketing campaign to facilitate local businesses' participation in SDG&E no-cost Direct Install and Reduce Your Use programs and recognize successful, participating businesses in each jurisdiction through "SoBEAC Business Energy Leadership." SCHEDULE Jan -Mar ' 13: Initiate residential & business energy evaluations Expand Energy Lounge & Empower Hour programs Complete Green Business Recruitment Study Apr -June ' 13: Begin CLEAN Business networking & recognition Initiate clean-tech recruitment & B-to-B efforts Launch Green Homes for All outreach July ' 13 -Dec ' 13: Begin SoBEAC facility & community efforts Jan -Dec ' 14: Continue & complete program implementation TARGET AUDIENCE To include: South Bay residents (including youth, seniors, &low-income households) & businesses. BUDGET Program Name: Community Energy Couservation & Upgrade Outreach Pro ram Bud et Item $ %) Administrative Costs - - Marketin /Outreach Costs $89,375 6% Direct Im lementation Costs $1,438,217 94% Total $1,527,592 100% P~ 9 A~14 Amendment No. I to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program PROGRAM COMPONENT Sustainable Communities CA-LTEESP SUPPORT The City's Sustainable Communities component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of "reach" codes stronger than Title 24, on both mandatory basis and voluntazy bases. 2. Strong support from local governments for energy code compliance enforcement. 5. Local goverrunent energy efficiency expertise becomes widespread and typical. DESCRIPTION Building upon the current program, the Chula Vista Sustainable Communities Program (SCP) will further City staff's expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and building process. Staff will promote these principles to customers engaged in the municipal permit and construction approval process through the City's website, on the phone, and in person at the Public Services Building. Under the SCP, the Development Services Department will also investigate and update their existing programs, guidelines, and regulations to reflect the advances that have been made in both the green building and energy conservation aspects of community and project-level site planning and to coordinate these activities with new energy-related programs. GOALS, OBJECTIVES, & DELIVERABLES 1. Improve the energy performance of new development and buildings through standards and codes that emphasize sustainable design and construction and support progress towards Zero Net Energy building goals. a. Objective -The City will. develop local approaches and standards for achieving increased energy efficiency at the community-planning scale and site-planning scale. i. Deliverable -Identify options for establishing local energy efficient community and site-planning standards for new development, including the possible use of LEED- ND as a framework, in collaboration with the SDG&E Sustainable Communities Program and the US Green Building Council ii. Deliverable -Establish modeling tools for use in evaluating and quantifying the increased energy efficiency associated with applying various alternative community and site-planning features and standazds to projects. iii. Deliverable -Develop energy-efficient community and site planning standards and incentives for City Council consideration. b. Objective -The City will update its Energy Efficiency and Green Building "reach" codes to exceed the new 2014 Title-24 standazds. i. Deliverable -Develop Enhanced Energy Efficiency and Green Building Ordinances for City Council consideration. 2. Increase developers and permit applicants' awareness of energy-saving opportunities related to new. construction and major renovation projects and their participation in available energy efficiency programs. Pa~eo10~~ 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program a. Obiective - Chula Vista will provide direct education to developers, permit applicants, and Development Services Department staff on energy efficiency codes, emerging technologies, and SDG&E incentive programs. i. Deliverable -Produce development-related educational materials via digital forms, handouts, process guides, and information links. ii. Deliverable -Regularly update the City's "SustainabiliTy Center" website with new program materials and energy-focused information. b. Obiective - Chula Vista will provide technical support to developers, permit applicants, and Development Services Department staff on energy efficiency codes, mandatory & voluntary green building standards, emerging technologies, and SDG&E incentive programs. i. Deliverable -Participate in regional networking events for sharing "lessons Teamed" and implementation progress updates. ii. Deliverable -Provide regular in-house trainings to Development Services staff on the City's "reach" codes, voluntary CalGreen Tier 2 incentive program, and California Energy and Green Building codes. iii. Deliverable -Participate in pre-construction meetings on jobsites to explain and aid compliance with the current and new California Green Building and Energy codes, and locally-adopted "reach" codes and expedited permitting incentive programs. iv. Deliverable -Provide staffing at the City's "Sustainability Desk" during public counter hours and by appointment to answer questions and offer one-on-one guidance to community members and Development Services staff. 3. Increase compliance and enforcement of new California Energy and Green Building codes along with the "reach" codes adopted by the Chula Vista City Council a. Obiective -Provide verification that all mandatory enhanced energy efficiency and green building requirements are being properly met. i. Deliverable -Perform secondary field audits on all Types of construction projects to confirm compliance with the enhanced energy efficiency requirements and to ensure proper installation and inspection procedures were performed. ii. Deliverable -Regularly review plans and documentation with the developers, permit applicants, and Development Services staff to identify energy efficient opportunities. TARGET AUDIENCE To include: Development Services Department personnel (including Plan Check, Permit Counter, & Building Inspection staff), builders, developers, and community members. SCHEDULE Jan - Maz ' 13: Begin public education & technical support Begin advanced code compliance activities Assess community-scale modeling tool options Apr -Dec ' 13: Complete community-scale tools development Complete updates to "reach" codes Jan -Dec ' 14: Complete updates to community-scale standards Pa~eol l~ 14 Amendment No. I to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program BUDGET Pro ram Name: Sustainable Communities Pro ram Pro ram Bud et Item ($) (%) Administrative Costs - Marketin Outreach Costs - - Direct Irn lementation Costs $704,809 100% Total $704,809 100% PROGRAM COMPONENT San Diego Regional Energy Partnership CA-LTEESP SUPPORT The San Diego Regional Energy Partnership component will support the following CA Long- Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of "reach" codes stronger than Title 24, on both mandatory basis and voluntary bases. 3. Local governments lead by example with their own facilities. 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION Local Governments in San Diego County have been successfully collaborating with each other and with SDG&E on joint energy efficiency initiatives over the last 6 years as part of the Local Government Partnership programs and as part of federal stimulus-funded activities related to energy efficiency. These agencies are now formalizing this "network" through creation of the San Diego Regional Energy Partnership (SDREP). The SDREP will be led by a "Local Government Steering Committee" with representatives from the City of Chula Vista, City of San Diego, County of San Diego, Port of San Diego, and San Diego Association of Governments (representing smaller jurisdictions), in close collaboration with San Diego Gas & Electric and other regional partners. GOALS, OBJECTIVES, & DELIVERABLE 1. Further develop and support regional Energy Upgrade California (EUC) implementation and the broader existing home retrofit market to facilitate "deep energy retrofits" (both in. terms of high energy savings and untapped markets in existing residential buildings). a. Obiective -The SDREP will support and expand the current San Diego Retrofit Advisory Council (RAC) to include broader stakeholder participation from local governments, community organizations, realtors, financing institutions, and contractors. b. Obiective - SDREP will conduct outreach, education, and coordination activities for the local real estate community in order to enable this key market actor to become a strong advocate for energy efficiency. Pai~12~£ 14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program c. Obiective - SDREP will build on initial efforts utilizing geographic information systems (GIS) to develop an online mapping tool that incorporates building stock, census, utility, and past EUC project data to help inform home energy retrofits. d. Obiective - SDREP will complete a review of current permitting and building plan check requirements for EUC-type projects throughout the 19 jurisdictions within San Diego County. e. Obiective - SDREP will pilot an incentive program for home energy ratings of existing homes to strategically leverage local government processes, such as point-of--sale and permit application opportunities. £ Obiective - SDREP will work with local community colleges, economic development corporations, and community organizations to develop hands-on home performance training opportunities for unemployed and underemployed workers and Non-EUC contractors to expand regional workforce training opportunities and to link to municipal affordable housing programs. 2. Further assist local governments and communities in the San Diego region with understanding and implementing climate action strategies, especially related to energy efficiency. a. Obiective - SDREP will expand the current Climate Collaborative website platform and branding to include all local jurisdictions and highlight climate strategies that produce indirect energy savings, such as water conservation and urban heat island mitigation programs. b. Objective - SDREP will develop joint Green Business outreach and marketing materials to recruit and recognize local businesses voluntarily implementing energy efficiency and other sustainability measures, and serves as a conduit for participation in utility-sponsored direct install programs. c. Obiective - SDREP will complete a review of current energy codes and policies throughout the different jurisdictions to support progress towards Zero. Net Energy building goals. 3. Facilitate the sharing of technical expertise and leveraging of purchase power between local governments to spur "deep energy retrofits" at municipal facilities across the region. a. Obiective - Through a Joint Procurement Strategies Working Group, SDREP will identify shared municipal facility retrofit opportunities across jurisdictions in the region to leverage "economies of scale" and to assist smaller jurisdictions with implementing their first energy efficiency upgrades. TARGET AUDIENCE To include: Municipal facility, energy management, planning, and support staff across the region. SCHEDULE The SDREP encompasses various programs and projects implemented in coordination with regional partners. Therefore, each of the specific SDREP programs and projects would be guided by their own individual timeline. Pa9e13 ~~14 Amendment No. 1 to Agreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program BUDGET Pro ram Name: Re Tonal Collaboration Pro ram Bud et Item $ %) Administrative Costs $36,196 18% Marketin Outreach Costs $26,515 13% Direct Im lementation Costs $137,289 69% Total $200,000 100% PROGRAM COMPONENT Partnership Management & Administration DESCRIPTION - _. The program is coordinated and administered by two central City staff members (Manager & Administrative Assistant) to improve efficiency, effectiveness, and communication between all parties. The staff member also serves as a direct contact for SDG&E program managers. GOALS, OBJECTIVES, & DELIVERABLE 1. Support successful implementation of the Chula Vista Local Government Partnership to remain within the proposed timeline and budget. a. Obiective -The Partnership Administration team will ensure that all parties are coordinating closely and frequently. i. Deliverable -Organize quarterly coordination meetings to provide updates on implementation progress and next steps. ii. Deliverable -Complete quarterly invoices and reports in addition annual reports and Strategic Plan updates. TARGET AUDIENCE To include: City and SDG&E staff involved in the Chula Vista Local Government Partnership. SCHEDULE Jan ' 13 -Dec' 14: Organize quarterly coordination meetings Complete quarterly invoices & reports BUDGET Pro ram Name: Partnershi Mana ement & Administration Pro ram Bud et Item $ Administrative Costs $321,804 100% Marketin Outreach Costs - - Direct Im lementation Costs - - Total $321,804 100% PageUl4,p~ l4