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Home My WebLink AboutReso 2008-109 mRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DOUGLAS R. NEWMAN For Professional Services related to the Chula Vista Research Project Outreach Initiative RECITALS WHEREAS, the City and Douglas R. Newman (Consultant) entered into an agreement (Agreement) dated December 3, 2007, for the preparation and execution ofa detailed outreach plan to disseminate the Chula Vista Research Project (CVRP) Reference Guides; and WHEREAS, the City and Consultant desire to utilize the services ofLarisa Dobriansky as a subconsultant to assist in establishing the value proposition of sustainable urban energy planning and to explain how the techniques described in the Reference Guides can contribute to closing the gap between mandatory requirements, utility programs, and codes and standards in striving to cost-effectively capture the economic potential for greenhouse gas emission reductions and energy savings within California. NOW, THEREFORE, the City and Consultant agree as follows: AGREEMENT 1 . Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, after "2008 Schedule, October through December - deliver presentations at conferences" insert the following: "Subconsultant shall perform the following tasks: Task 5 - Subconsultant shall review and document the process in which the Reference Guides and case studies were developed, consulting with the City, San Diego Gas & Electric, the California Energy Commission, the National Energy Center for Sustainable Communities, the Burnham-Moores Center, San Diego State University and the Otay Land Company and McMillin Development Company. Task 6 - Subconsultant shall research the status of sustainable urban energy planning in California generally, but with particular focus upon the San Diego region to delineate the processes developed in the City and the San Diego region as models. Task 7 - Subconsultant shall evaluate the Reference Guides and case studies in light of California's energy and climate priorities as reflected in AB-32, the Governor's Executive Order, the Energy Action Plan, the 2007 Integrated Energy Policy Report and the various proceedings in which climate and energy implementation strategies are being formulated. .{'1e>8-/6'1 Task 8 - Draft the White Paper on Sustainable Urban Energy Planning. The White Paper shall draw from the Reference Guides and case studies to explain the importance of establishing sustainable urban energy planning processes in California to help capture the economic potential within the State for greenhouse emissions reductions and energy savings. The White Paper shall explain what sustainable urban energy planning means; how it changes the traditional role oflocal and regional governments with respect to strategic growth management and land-use development; how it extends beyond "smart growth" planning; how it can be institutionalized building upon existing local and regional government decision-making frameworks; and how it would concretely contribute to achieving California's energy and climate goals. In addition, the White Paper shall review the importance of the decision support tools and methods described in the Reference Guides to increase the analytical capability of local and regional officials, along with utilities, developers, financiers and others to first, assess systematically the costs and benefits of alternative urban design and siting scenarios, and second, to structure and fund effective local energy-related programs, measures and partnerships to overcome technical, institutional and other barriers to reducing per capita energy consumption and greenhouse gas emissions. Finally, the White Paper shall discuss the value of such decision support tools in promoting innovative financing schemes with the private sector and in underpinning decisions to attract investment in infrastructure that can accommodate advanced and emerging energy technologies. Deliverable - White Paper on Sustainable Urban Energy Planning Task 9 - Subconsultant shall draft a report entitled Recommendations to Advance Sustainable Urban Energy Planning in California. Based on the Reference Guides and case studies, this Report shall offer recommendations concerning how sustainable urban energy planning could be advanced within California, taking into account existing local and regional planning frameworks and using processes developed in the City and the San Diego region as models. Also, this Report shall set forth policy and implementation recommendations for the Climate Action Team, the AB-32 Economic and Technology Advancement and Market Advisory Committees arising from the Los Vicinos and Creekside Vistas development projects undertaken through partnerships between the City, San Diego Gas & Electric, the California Energy Commission and the developers. This Report shall incorporate input received at the Outreach Planning Workshop. Deliverable - Recommendations to Advance Sustainable Urban Energy Planning in California." 2. Exhibit A, Paragraph 8. Scope of Work and Schedule, B. Date for Commencement of Consultant Services, add the following: "The Effective Date of this First Amendment is April 1,2008." 3. Exhibit A, Paragraph 8. Scope of Work and Schedule, C. Dates or Time Limits for Delivery of Deliverables, after "Deliverable No.4: No later than December 3 L 2008" add the following: "Deliverable No.8: No later than September 30, 2008. Deliverable No.9: No later than September 30, 2008." 2 4. Exhibit A, Paragraph 10. Compensation, Single Fixed Fee Amount, delete "One Hundred Fifty-Eight Thousand Dollars ($158,000.00)" and replace with the following: "One Hundred Sixty-Eight Thousand Dollars ($168,000.00)". 5. Exhibit A, Paragraph 16, Permitted Subconsultants, delete "NI A" and replace with the following: "Larisa Dobriansky". All other terms of the Agreement shall remain in full force and effect. [Next Page is Signature Page.] 3 SIGNATURE PAGE TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND DOUGLAS R. NEWMAN For Professional Services related to the Chula Vista Research Project Outreach Initiative IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement indicating that they have read and understood the First Amendment and indicate their full and complete consent to its terms: 4/ ;jo /0 c( ,2008 I . Dated: City ofChula Vista By: Attest: Jf/lA ./AlA I ",Ah /..AL ~ Donna Norris, Irlterim City Clerk Approved as to form: cCj~ .ILL~ ~ Ann Moore, City Attorney Dated: ij# /6 - Cl ~ By: glas R. Newman Exhibit List to First Amendment to Agreement: (X) Agreement between the City ofChula Vista and Douglas R. Newman dated December 3, 2007 J:\Attorney\ELlSA\AGREEMENTS\DOuglas R. Newman Agreement First Amendment.doc 4 RESOLUTION NO. 2008-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH DOUGLAS R. NEWMAN RELATED TO THE WORK OF THE NATIONAL ENERGY CENTER FOR SUSTAINABLE COMMUNITIES AND THE CHULA VISTA RESEARCH PROJECT TO ANALYZE HOW THE RESULTS OF THE CHULA VISTA RESEARCH PROJECT RELATE SPECIFICALLY TO CALIFORNIA'S GLOBAL WARMING SOLUTIONS ACT OF 2006 (AB32) AND INCREASING THE CONTRACT AMOUNT BY TEN THOUSAND DOLLARS ($10,000) WHEREAS, the National Energy Center for Sustainable Communities (NECSC) was founded by the City of Chula Vista, San Diego State University (SDSU), and the Gas Technology Institute (GTI), with the support of the U.S. Department of Energy; and WHEREAS, the NECSC's mission is to promote healthier and more productive communities by integrating cleaner energy systems and energy-smart planning and design into new development and redevelopment projects; and WHEREAS, the NECSC is currently undertaking the Chula Vista Research Project (CVRP), which will research technologies, plans, public policies and market-feasible business models for energy and resource-efficient community development in Chula Vista; and WHEREAS, the NECSC intends to publish the results of the research in the form of reference guides; and WHEREAS, pursuant to Resolution No. 2008-002, the City Council approved an agreement with Douglas R. Newman to promote these reference guides and have them disseminated to local and state governmental agencies and private development companies throughout California; and WHEREAS, the State legislature adopted the California's Global Warming Solutions Act of 2006 (AB32); and WHEREAS, staff seeks to amend the contract with Mr. Newman to allow for a sub- consultant who will analyze the results of the CVRP as they relate to AB32. Resolution No. 2008-109 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it approves the First Amendment to the Agreement between the City and Douglas R. Newman related to the work of the National Energy Center for Sustainable Communities and the Chula Vista Research Project to analyze how the results of the Chula Vista Research Project relate specifically to California's Global Warming Solutions Act of 2006 (AB32) and increases the contract amount by ten thousand dollars ($10,000). 2. That it authorizes the Mayor to execute the First Amendment to the Agreement. Presented by Approved as to form by ~1f!U r ~~Ii\~~ , Ann Moore City Attorney City Manager Resolution No. 2008-109 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of April 2008 by the following vote: AYES: Councilmembers: McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda ATTEST: (~~~ Cheryl Co " MX o~ nterim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-109 was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 22nd day of April 2008. Executed this 22nd day of April 2008. ~ K A!o'huA: Donna R. Norris, cM<::: Interim City Clerk