HomeMy WebLinkAbout2009/12/15 Item 5
CITY COUNCIL
AGENDA STATEMENT
~ \ ft.. CITY OF
.~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
DECEMBER 15,2009, Item2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (I) APPROVING A 3-YEAR AGREEMENT
WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE
$4,088,991 FOR ENERGY EFFICIENCY PROGRAMS AND
SERVICES, (2) AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ALL DOCUMENTS IN
CONJUNCTION WITH IMPLEMENTING THE
AGREEMENT, (3) AND APPROPRIATING $1,362,997 TO
THE ENERGY CONSERVATION FUND
DIRECTOR OF CONSERVATION & ENVIRONMENTAL \;~
SERVICES ~ ~:
DIRECTOR OF PUBLIC WORKS ~ / I~
DIRECTOR OF DEVELOPMENT SERVICJMEPUTY CITY
MANAGER
CITY MANAGER ~ .
ASSISTANT CITY~AGER ~
4/5THS VOTE: YES I X I NO D
SUMMARY
The Local Government Partnership 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 conswned and lower
montWy utility costs. The proposed agreement would extend the partnership through
December 2012 and provide $4,088,991 ($1,362,997 per calendar year) in funding. With
these funds, the City will continue and expand current energy-related programs and
implement Council-approved climate protection measures (#3, 4, and 5) helping to reduce
community greenhouse gas emissions.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308
[Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA
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DECEMBER 15, 2009, Item~
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Guidelines because the energy savings resulting from these energy efficiency programs
will contribute to reducing Chula Vista's greenhouse gas or "carbon'" emissions thus
improving air quality. Therefore, no further CEQA environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Staff will present the proposed 2010-2012 Chula Vista/SDG&E Local Government
Partnership program to the Resource Conservation Commission at their December 14th
meeting and can verbally report their feedback, at City Council's direction. Staff has
been updating the Commission regularly on SDG&E Local Government Partnership
program implementation and they are generally supportive of the program.
DISCUSSION
Since 2006, the City of Chula Vista and San Diego Gas & Electric (SDG&E), under the
auspices of the California Public Utilities Commission, have been collaborating in the
implementation of a Local Government Partnership program. The program 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. Targeted sectors include low
income residents, small businesses, contractors, permit applicants, and developers. The
funding is provided through a "Public Goods Charge" which is a monthly utility bill
surcharge on energy consumed by every customer in SDG&E's territory. In addition to
lowering monthly utility costs, these energy savings reduce demand for local power
generation and contribute to reducing Chula Vista's greenhouse gas or "carbon"
emissions.
Over the last 3 years, the Chula Vista/SDG&E Local Government Partnership has
matured into a comprehensive and highly-effective program which has been recognized
statewide as a model for successful collaboration. The program's accomplishments
include implementing over 25 energy efficiency and renewable energy retrofit projects at
6 municipal buildings creating $200,000 in annual energy cost savings, distributing over
50,000 energy-saving CFLs and 2,600 water-saving devices in the community, providing
energy evaluations for over 2,500 businesses, facilitating the design and construction of
the LEED-platinum Los Vecinos Affordable Housing project, and developing the first
citywide green building standards in San Diego County. In all of these cases, the Local
Government Partnership provided funding to deliver these services at no-cost to the
community and supported City staff time and consultant fees.
As part of San Diego Gas & Electric's 2010-2012 Energy Efficiency Program Portfolio,
$4,088,991 ($1,362,997 per year) has been allocated to continue and expand the Chula
Vista/SDG&E Local Government Partnership program. Below is a description of the
program's major components and objectives during the next funding cycle:
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DECEMBER 15, 2009, Item~
Page 3 0 f 4
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
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 standards
(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-Efficient 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 research, 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 Improvement~
The program, which is administered by Public Works with assistance from the
Conservation & Environmental Services Department, will support staff timc to
expand the City's energy management efforts by identifYing and implementing
energy efficiency and demand response strategies which lower municipal encrgy
consumption and produce cost savings.
The proposed Local Government Partnership contributes to reaching the goal of investing
$2 million of "Public Goods Charge" funds annually into community energy efficiency
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DECEMBER 15,2009, Item2
Page 4 of 4
programs as outlined in the 2005 SDG&E and City of Chula Vista Memorandum of
Understanding. In addition, the Partnership will 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 Local Government Partnership will directly
implement numerous Council-approved climate protection measures - Business Energy
& Water Evaluations (Measure #3), Green Building Standards (Measure #4), and
Community Energy Efficiency & Solar Retrofits (i.e. Home Upgrade, Carbon
Downgrade program or Measure #5).
DECISION MAKER CONFLICT
Staff has reviewed the decisions contemplated by this action and has determined that, in
each case, either: (i) the decision is not site specific and consequently the 500 foot rule
found in California Code of Regulations section 18704.2(a)(l) is not applicable to this
decision; or (ii) staff has reviewed the property holdings of the City Council and has
found no property holdings within 500 feet of the boundaries of the property which is the
subject of the action.
CURRENT YEAR FISCAL IMPACT
The new agreement will provide the City with $4,088,991 ($1,362,997 per calendar year)
in funding to support the Chula VistalSDG&E Local Government Partnership program
through December 2012. 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 budgets are 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 2010, staff will be appropriating $156,792 to the Personnel
Services category, $234,550 to the Services and Supplies category, and $971,655 to the
Other Expenses category of the Energy Conservation Fund to be offset by grant revenue.
ONGOING FISCAL IMPACT
The proposed agreement will provide $1,362,997 annually (based on a calendar year)
through December 31, 2012. These funds will fully support City staff time and program
costs associated with developing and implementing identified energy efficiency-related
programs. In addition, the l'vfunicipal Energy Efficiency Improvements component will
produce annual energy cost savings for the City's General Fund and help minimize the
impact of future utility rate increases.
ATTACHMENTS
Attachment A - 2010-2012 Energy Efficiency & Conservation Partnership Agreement
Prepared by: Brendan Reed, Environmental Resource A4anager, Conservation & Environmental Services
5-4
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA (I) APPROVING A 3-YEAR
AGREEMENT WITH SAN DIEGO GAS & ELECTRIC
TO PROVIDE $4,088,991 FOR ENERGY EFFICIENCY
PROGRAMS AND SERVICES, (2) AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
AND ALL DOCUMENTS IN CONJUNCTION WITH
IMPLEMENTING THE AGREEMENT, (3) AND
APPROPRIATING $1,362,997 TO THE ENERGY
CONSERVATION FUND
WHEREAS, the Local Government Partnership 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 proposed agreement would extend the partnership through
December 2012 and provide $4,088,991 ($1,362,997 per calendar year) in funding; and
WHEREAS, since 2006, the City of Chula Vista and San Diego Gas & Electric
(SDG&E), under the auspices of the California Public Utilities Commission, have been
collaborating in the implementation of a Local Government Partnership program; and
WI-[EREAS, the program 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, targeted sectors include low-income residents, small businesses,
contractors, permit applicants, and developers. The funding is provided through a
"Public Goods Charge" which is a monthly utility bill surcharge on energy consumed by
every customer in SDG&E's territory; and
WHEREAS, over the last 3 years, the Chula Vista/SDG&E Local Government
Partnership has matured into a comprehensive and highly-effective program which has
been recognized statewide as a model for successful collaboration; and
WHEREAS, the program's accomplishments include implementing over 25
energy efficiency and renewable energy retrofit projects at 6 municipal buildings creating
$200,000 in annual energy cost savings, distributing over 50,000 energy-saving CFLs and
2,600 water-saving devices in the community, providing energy evaluations for over
2,500 businesses, facilitating the design and construction of the LEED-platinum Los
Vecinos Affordable Housing project, and developing the first citywide green building
standards in San Diego County; and
5-5
Resolution No. 2007-
Page 2
WHEREAS, in all of these cases, the Local Government Partnership provided
funding to deliver these services at no-cost to the community and supported City staff
time and consultant fees; and
WHEREAS, as part of San Diego Gas & Electric's 20 I 0-20 12 Energy Efficiency
Program Portfolio, $4,088,991 ($1,362,997 per year) has been allocated to continue and
expand the Chula VistalSDG&E Local Government Partnership program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it (I) approves a 3-Year Agreement with San Diego Gas & Electric to
provide $4,088,991 for Energy Efficiency Programs and Services, (2) authorizes the City
Manager to execute the Agreement and all documents in conjunction with implementing
the Agreement, and (3) appropriates $1,362,997 to the Energy Conservation Fund.
Presented by
Approved as in form by
Michael T. Meacham
Director Conservation & Env. Services
,
5-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
\/~P) (')(
AGREEMENT TO JOINTLY DELIVER THE 2010-2012
CITY OF CHULA VIST ENERGY EFFICIENCY AND
CONSERVATION PARTNERSHIP PROGRAM
BETWEEN THE CITY OF CHULA VISTA AND
SAN DIEGO GAS & ELECTRIC COMPANY
5-7
AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHULA VISTA
ENERGY EFFICIENCY AND CONSERV AnON P ARTNERSIDI' 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 k'ID CONSERVATION
PARTNERSHIP AGREEMENT
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THIS AGREEMENT TO JOINTLY DELIVER THE 2010-2012 CITY OF CHULA
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 a1 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 acknowledged, 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. AU: The Administrative Law Judge assigned to the Commission's Energy
Efficiency Ru1emaking (R.O 1-08-028) 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.
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1.6. Calendar Day: The period from one midnight to the following midnight,
including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this
Agreement are Calendar Days.
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.
1.1 o. Eligible Customers or Customers: Customers eligible for Program services are
SDG&E customers.
1.11. Energy Efficiency Measure (or Measure): 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 pursuant to
Commission requirements.
1.13. GaS Surcharge: The funds collected from gas utility ratepayers pursuant to
Section 890 et al. of the California Public Utilities Code for public purposes programs,
including energy efficiency programs approved by the Commission.
1.14. 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 plural, and vice versa.
The words "herein," "hereto," and "hereunder" and words of similar 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
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PARTNERSHIP AGREElVIENT
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"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-effective, holistic opportunities for promoting 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. Scope. 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, LEO 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
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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 standards
(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-Efficient 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 research, 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. Generallv. 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
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2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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and material with the degree of skill and care that is required by current professional
standards.
5.2. Additional Obligations ofCitv.
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 hLUnan 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 ("EM&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. ADMINISTRA nON OF PROGRAM
6.1. Decision-making and Approval.
6.1.1. The following actions and tasks require unanimous consent of the Parties:
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2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY Ac'iD CONSERVATION
PARTNERSHIP AGREEMENT
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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 Parties 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 shall 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 Program'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 Energv 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 marketed together to avoid duplicative marketing expenditures. All Parties will
coordinate with other energy programs to maximize customer satisfaction and energy
savmgs.
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-
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2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREEMENT
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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 ipply 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
progranl 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.
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8.2. Commission Reporting 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 compensation 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. Pavment 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 (lOth) 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.
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b. Labor: For each of the Program's budget categories applicable to
City (e.g. Direct Implementation), a list 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 travelltraining/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 documentation 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 airfare, 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 Car, Other
Parking, 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.
f. 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
charges for any item not authorized under this Agreement or by the
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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) years 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 Budget Categories. SDG&E may shift Program funds
among budget categories (e.g. Administrative and Direct Implementation) as set 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 bear 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 fmding of unreasonableness as to ariy Program
Expenditure, and require a refund or return of the PGC or Gas Surcharge 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 directed by the Commission, within 30 days of
receipt of written notice that payment is owed, as follows: (I) 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, determined by calculating the percentage of the total overall Program
Expenditures represented by each Party's reimbursements of Program Expenditures (both
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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 March 31, 2013.
12. INDEMNITY
12.1. Indemnitv bv 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. Indemnitv bv SDG&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.
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12.3. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO ANY
OTHER PARTY FOR ANY INDIRECT, 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. Except 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
(60) 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 share 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 Party shall bear its own legal fees and expenses.
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14.3. Confidentiality. All negotiations and any mediation conducted pursuant to
Section 14.2 shall be confidential and shaH be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shaH apply, which
Section is incorporated in this Agreement by reference.
14.4. Iniunctive Relief. Notwithstanding the foregoing provisions, 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 Obligation. Each Party shaH 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 WARRANTIES
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 shaH comply with
the applicable requirements of aH statutes, acts, ordinances, regulations, codes, and
standards of federal, state, local and foreign governments, and aH agencies thereof.
15.2. The Authorized Work performed by City and its Contractors shaH 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 contractuaHy require each Contractor it hires to perform the Authorized
Work to indernniry 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.
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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 are 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.
b.
Workers' Compensation and Employers' Liability: statutory minimum.
Commercial General Liability: $1 million minimum.
Commercial or Business Auto (if applicable): $1 million minimum.
Professional Liability (if applicable): $1 million minimum.
c.
d.
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) are 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 a matter of normal business practice before commencing the Authorized Work.
SDG&E will accept reasonable proof of self-insurance comparable to the above
requirements.
17. CUSTONIER CONFIDENTIALITY REQUIREMENTS
17.1. Non-Disclosure. City, its employees, agents and Contractors shall not disclose
any Confidential Customer Information (defined below) to any third party 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
and 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 billing and usage information, as well as any SDG&E customer's
information that is marked confidential. If City is uncertain whether any information
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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.
\7.4. Commission Proceedings. 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 Act.
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. CUSTOrvlER COMPLAINT RESOLUTION PROCESS
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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 requesting approval to use the Commission name and/or
logo. Notwithstanding the foregoing, the Parties shall disclose their source offunding for
the Program by stating prominently on marketing 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 City 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. SDG&E 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 information related to such records. Further, City
agrees to include a similar right of SDG&E and/or the Commission to audit records and
interview staff in ahy 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 notifying 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.
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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 notice to the
breaching Party thereof from the non-breaching Party or otherwise cured pursuant to the
dispute resolution provisions set forth in 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. EtTect of Termination.
24.4.1. In the event of termination of this Agreement, the Parties shall be entitled
to PGC and/or Gas Surcharge 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.
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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: SDG&E:
The City of Chula Vista San Diego Gas & Electric Company
Michael Meacham Julie Ricks
276 Fourth Avenue 8326 Century Park Court, CP62E
Chula Vista. CA 91910 San Diego. CA 92123-1530
619-409-5870 telephone 858-654-8302 t~lephone
619-476-5310 facsimile 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 Party; 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 obligations, 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 harassment 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 care leave. Each Party shall ensure that the
evaluation and treatment of its employees and applicants for employment are free from such
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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. COMl'vIISSION 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 Party 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 SDG&E 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
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In 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 separable 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, California.
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 bear 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 succes'sful 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.
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40. COUNTERPARTS
This Agreement may be 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 AGREEi\>IENT
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
exeeuted by their duly authorized representatives.
CITY:
SDG&E:
SAN DIEGO GAS & ELECTRIC COMPANY
~~~
Name: Hal Snyder
Title: Vice President, Customer Solutions
APPROVED AS TO FORM
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EXHIBIT A
2010-2012 SCOPE OF WORK
(See following attached pages)
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAl\1 AGREEMENT
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CITY OF
(HULA VISTA
2010-2012 SDG&E LOCAL GOVERNMENT PARTNERSHIP
SCOPE OF WORK
PROGRAM OVERVIEW
a) Program Title:
City of Chula VistalSDG&E Local Government Partnership
b) Program Budget (3-Year):
$4,088,991
c) Program Term:
January 1,2010 through December 31, 2012
d) }"fain Contact Information:
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 consume an estimated 12 million
kWh and I million therms. In addition, the program will help train municipal facility
managers on better energy management practices and will complement Chula Vista's
ongoing investments iri renewable energy generation.
GOALS, OBJECTIVES & DELIVERABLES
1. Develop integrated energy management strategies for major City buildings and
facilities
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a. Obiective - Coordinate with SDG&E and other third-party entltles 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 EP A 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 EP A 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 HV AC, 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 an energy-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. Objective - Identify and pursue energy efficiency financing options to
provide installation capital costs which are not covered under existing
incentive programs.
i. Deliverables - Secure retrofit project financing 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:
. May' 10 -Dec '12
Begin integrated energy audits
Identify retrofit projects at municipal facilities
Obtain energy efficiency financing for retrofit projects
Install energy efficiency retrofits and verify energy savings
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BUDGET
Program Name: l\:Iunicipal Facilities Efficiency Improvements
Program BuMet
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 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 playa 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
ma;'limize 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 targeted 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, Objective - Trained City staff will perform free on-site energy evaluations
for Chula Vista businesses and residents, The evaluations will include a
review of past consumption data (using SDG&E's Energy Waves software)
and an analysis of energy-saving opportunities (both technological and
behavioral) City staff will provide participants with an overview of
applicable SDG&E incentive programs and assistance completing incentive
and/or On-Bill Financing applications, All referral information generated
through the evaluations will be electronically sent to SDG&E program
managers.
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1. Deliverables - Energy evaluations oflocal businesses and residences
will be completed generating SDG&E program referrals.
b. Objective - 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 timer to reduce wasteful
"vampire" energy.
1. Deliverables - Energy-saving power strips will be distributed (limit
one per householdlbusiness during three year cycle). Vampire
energy can account for more than 8% of a typical home's electricity
usage.
c. Obiective - Program participants will have an option of monitoring their
home or business's energy consumption over a two-week period using a real-
time energy monitor (PowerCost Monitor ™ or other similar 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.
1. Deliverables - Residents and/or businesses will participate in the
energy monitoring program. Studies have shown that increased
energy awareness and simple consumption changes can deliver a
10% reduction in energy use.
d. Objective - 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 fmancing to facilitate retrofits.
Special focus will be given to promoting cost-effective, whole-building
performance upgrades (instead of single measures).
1. Deliverables - Residents and/or businesses will emoll 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. Objective - 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.
1. Deliverables - CFLs will be exchanged for incandescent or other
traditional bulb types.
b. Objective - Due to the recent market 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.
1. Deliverables - Disposal events will be organized in the South Bay
area, while permanent disposal sites will be promoted.
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c. Obiective - As part of the annual Starlight Parade, residents will be able to
exchange up to three incandescent holiday light strands for energy-efficient
LED holiday lights.
1. 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. Objective - 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 undcrserved sectors, the City will recruit staff members who are
fluent in Spanish, Tagalog, Vietnamese, or another locally-spoken language.
1. 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. Obiective - In conjunction with the City's Redevelopment Agency and the
Office of Economic Development, the program will place a large emphasis on
penetrating new community sectors to deliver energy efficiency education,
assessments, and SDG&E program referrals.
1. Deliverables - Creation and distribution of customized promotional
materials, sector workshops, and multi-department outreach efforts
to new sectors which may include mobile homes, corporations,
box! departm ent-stores ,-dry - cleaners ,_ auto_ repai r, _ 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.
1. 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 integration, and greenhouse gas emission
inventories.
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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:
~ ._~ "- J't..< . ~~o ~ __ ~ ~ ~.fid.' ~- ~...L;-,..t ~.~"........u&";., ~
. -'-MARKJrrlNG,TOOL ',,,",-. . "-' '. , \IMPAC1'" .. -. _.",. . .
"" . _"rIP . ~ . ","'-" " '" ':I ~'. ...,
~""".~.ft~.. ~t "," .~..."jhu~~'\F~~.."-<!!tf5JF'a"\iPW~~!".....r,,~...~~S...
City Calendar/Website 4.5 million monthly 'hits'
City Newsletter 1,100 subscribers
Direct Mailers 200,000 individuals
Business License Renewal Process 8,000 licensed businesses
Solid Waste/Recycling Billing 85,000 households
Multi-Departmental Outreach 300,000 individuals (incl. National City & Imperial Beach)
South Bay Community Events 500,000 attendees
Chula Vista Civic Organizations 100 community leaders
SCHEDULE
. Jan'IO:
. April '09:
. Dee '09:
. Jan 'IO-Dec '11:
Recruit & train staff
Prepare marketing 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 program implementation
. Feb'IO:
BUDGET
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 $10 million), and in-kind community and volunteer
support.
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Proo-ram Name: EmPower Chula Vista Outreach Program
Provram Budo-et
Item .($) (%)
Administrative Costs 5295,701 20%
Marketing/Outreach Costs 545,000 4%
Incentive/Rebate Costs - -
Direct Implementation Costs 51,101,718 76%
Total $1,442,419 100%
PROGRAM COMPONENT
Sustainable Communities Program
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 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 sustain ability levels
over established baseline values.
a. Obiective - Dedicate selected staff members to fulfill Local Govemment
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
large-scale new developments, site plans, and new building
construction as well as for remodels and additions to existing
buildings.
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11. 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 -Investigate a voluntary and incentivized program to encourage
development to be more energy efficient than new mandatory enhanced
standards.
1. De1iverables - 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
standard of energy efficiency above the new enhanced mandatory
values (15-20% over Title-24) and would be established by code
and local ordinance.
11. Deliverables - Research and present a program 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 are 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 web site 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 distribution 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 sharing "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.
111. Deliverables - Participate in pre-construction meetings on jobsites
to explain and aid compliance with the new Green Building
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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 II who will be on-call during public counter hours to
answer questions, 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 ncw "reach" energy efficiency and
sustainability codes which were recently adopted by the Chula Vista City
Council.
a. Objective - Building Inspector II to provide verification that all
mandatory enhanced energy efficiency and green . building
requirements are 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.
11. Deliverables - Regularly review plans and documentation with the
developers, contractors, owner builders, and Development
S ervi ces staff.
TARGET AUDIENCE
To include: Building and Planning Department staff, Builders, Developers, Residents,
businesses
SCHEDULE
. J an - Mar 20 I 0 Adoption of new enhanced energy efficiency codes
Enforcement of new Title 24 2008 code
. April 2010 - Dec 2012 Implementation ofSCP goals and deliverables
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BUDGET
Program Name: Sustainable Communities Program
Pro2ram Bud2et
Item (S) (%)
Administrative Costs $ 156,440 15%
Marketing/Outreach Costs $73,631 7%
IncentivelRebate Costs - -
Direct Implementation Costs $777,930 78%
Total SI,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 (EERE &
EC) can be cost-effectively integrated into large-scale development projects to reduce
energy consumption and greenhouse gas emissions. The proposed program will expand
upon and leverage this work through additional research, demonstration, 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 a full-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. Objective - 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 representative 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.
\. 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.
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2. Demonstrate Value ofEERE&EC Development Projects
a. Objective - 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.
1. Dcliverables - 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
"busincss 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-Industrial/Business 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 aforemention~d
SDG&E programs to ensure that new business recruitment/development projects
produce energy savings and emissions reductions.
1. Deliverables - Targeted business/development project recruitment
initiatives. 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 institutes, the
hospitality industry, and the real estate development community.
SCHEDULE
. Jan-May'IO:
. June-Dec'10:
. Jan' 11 - Dec '12:
Define the role of the SME & recruit the individual
Refine the SME role & develop detailed program plans
Implement the program
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BUDGET
Program Name: Energy-Efficient Community Development Initiative
Prooram BudO'et
Item (S) (%)
Administrative Costs $15,000 2%
Marketing/Outreach Costs $60,000 7%
Incentive/Rebate Costs - -
Direct Implementation Costs $ 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 Name: Partnership Management & Administration
Program Budget
Item (S) (%)
Administrative Costs $402,572 100%
Marketing/Outreach Costs - -
IncentivelRebate Costs - -
Direct Implementation Costs - -
Total $402,572 100%
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EXHIBIT B
EM&VPLA1~
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. ]
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRA1VI AGREEMENT
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EXHIBIT C
REPORTINGING 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 Wark 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 of the Agreerrent,
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 followitg information:
Program Costs (cost reported cumulative-to-date (also referred to as inception-to-date))
a, Program identification number as provided by the Program Administrator
b, Program name
c. Total cumulative program authorized budget as adopted by the Comnission
d, Total cumulative program operating budget which includes any miclcourse 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 incenthe commitments)
Program Impacts (cost reported cumulative-to-date (also referred to as inception-to-date))
a. Total cumulative net kW, kWb, and Thenn 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 ChangeslNew 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 the report month
c. Identification of program terminated during the report month
3, Quarterly Report
3.1 Portfolio Benefit/Cost Metrics (Cumulative to Date
a. Total cost to billpayers (TRC, administrative cost and incremental cost per the Standard Practice
Manual)
b. Total savings to billpayers (TRC)
c. Net benefits to bilIpayers (TRC)
d. TRC Ratio
e. PAC Ratio
f. Cost per kWh saved (cents/kWh) (PAC)
g. Cost per therm savings ($/therm) (PAC)
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAlVI AGREElVlENT
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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. ivleasure or Service Description
c. DEER Measure lD (where applicable)
d. DEER Run ID (where applicable)
e. Unit Defmition
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
l. Detailed end use classification (using classification scheme in section 6)
m. Quantity Installed during report period
n. Quantity Committed during report period
o. Rebate amount paid
p. Market Sector classification (using classification scheme in section 6)
q. Market Segment classification (using classification scheme in section 6)
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 Initiativ.; if applicable
(Cumulative resuks)
a. Estimate of expenditures on program activities that contribute towards 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 of non-resource program activities that support the Green Building Initiative,
including marketing and outreach activities.
e. Estimate of square footage affected by program activitie; supporting the Green Building Initiative
f. Items b, c and e above disagg~egated 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. Marketing activities
c. Direct Implementation activities
d. Chula Vista's assessment of program performance and program status (is the program on target,
exceeding expectations, or falling short of e<pectations, etc.)
27
2010-2012 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
PARTNERSHIP AGREElVIENT
5-46
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 near term plans for program over the coming months (e.g., marketing and outreach
efforts that are expected to significantly increase program participation, etc.)
h. Changes to staffmg and staff responsibilities, if any
i. Changes to contacts, if any
j. Changes to subcontractors and subcontractor responsibilitie~ if any
k. Number of customer complaints received
l. 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 the Commission 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 will be required to fulfill these repcrting obligations for their program.
5. Reporting Terminology Definitions
Adopted Program Budget - The program budget as it is adopted by the Commission. Inclusive of costs (+,L)
recovered from other sources.
Operating Program Budget - The program budget as it is defmed by the program administrators for internal
program budgeting and management purposes. Inclusive of costs (+,L) recovered from other sources.
Direct Implementation Expenditures - Costs associated with activities that are a direct 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 may be 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 dateofthe
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 20 I 0, but prepared and delivered later than July 20 I 0,
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. i\tleasure Classification
i\'[easure End-Use Classification
Each energy efficiency measure reported should be classified into one of the following end-use categories
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Residential End Uses
Detailed End Use
Clothes Dryer
Clothes Washer
Consumer Electronics
Cooking
Dishwasher
Other Appliance
Building Shell
Space Cooling
Space Heating
Interior Lighting
Exterior Lighting
Pool Pump
Freezers
Refrigeration
Water Heating
Other (User Entered Text String Description)
Nonresidential End Uses
Detailed End Use
Building Shell
Space Cooling
Space Heating
Ventilation
Day lighting
Interior Lighting
Exterior Lighting
Office Equipment
Compressed Air
Cooking
Food Processing
Motors
Process Cooling
Process Heat
Process Steam
Pumps
Refrigeration
Other (User Entered Text String Description)
Aggregated End Use
Appliances
Appliances
Consumer Electronics
Cooking Appliances
Appliances
Appliances
HVAC
HVAC
HVAC
Lighting
Lighting
Pool Pump
Refrigeration
Refrigeration
Water Heating
Other
Aggregated End Use
HVAC
HVAC
HVAC
HVAC
Lighting
Lighting
Lighting
Office
Process
Process
Process
Process
Process
Process
Process
Process
Refrigeration
Other
l\'Ieasure l\larket Sector/i\tlarkct Segment Classification
Where reports require market sector or market segment classification, the folowing classification scheme should be
used.
Market Sector
Residential
Single Family
Multi Family
Mobile Homes
Market Segment
NA
NA
NA
NA
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Nonresidential
Commercial
Industrial
Agricultural
Unknown
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
7. Allowable Costs
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 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 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 approval from the CPUc.
Cost Categories Allowable Costs
Administrative Cost Category
ManaQerial and Clerical labor
IOU Labor - Clerical
IOU Labor - Pro!1ram Desi!1n
IOU Labor - Proqram Development
IOU Labor - Proqram Plannina
IOU Labor - Pro!1ram/Praject Manaaement
IOU Labor - Staff Manaqement
IOU Labor - Staff Supervision
Subcontractor Labor - Clerical
Subcontractor Labor - Program Desian
Subcontractor Labor - Proqram Development
Subcontractor labor - Program Planning
Subcontractor Labor - Pro!1ram/Praject Manaaement
Subcontractor Labor - Staff Manaqement
Subcontractor Labor - Staff Supervision
Human Resource Support and Development
IOU Labor - Human Resources
IOU Labor - Staff Development and Trainina
IOU Benefits - Administrative Labor
IOU Benefits - Direct Implementation Labor
IOU Benefits - Marketinq/Advertisina/Outreach Labor
IOU Payroll Tax - Administrative Labor
IOU Payroll Tax - Administrative Labor
IOU Pavroll Tax - Administrative Labor
IOU Pension - Administrative Labor
IOU Pension - Direct Implementation Labor
IOU Pension - Marketin!1/Advertisina/Outreach Labor
Subcontractor Labor- Human Resources
Subcontractor Labor - Staff Development and Traininq
Subcontractor Benefits - Administrative Labor
Subcontractor Benefits - Direct Implementation Labor
Subcontractor Benefits - Marketing/Advertisin!1/0utreach Labor
Subcontractor Payrall Tax - Administrative Labor
Subcontractor Pavroll Tax - Direct Implementation Labor
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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 fmancial commitments are to be
categorized as commitments. If the nporting 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 desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek annroval from the CPUC.
Cost CateClories Allowable Costs
Subcontractor Payroll Tax - Marketing/Advertising/Outreach Labor
Subcontractor Pension - Administrative Labor
Subcontractor Pension - Direct Implementation Labor
Subcontractor Pension - Marketino/AdvertisinaJOutreach Labor
Travel and Conference Fees
IOU Conference Fees
IOU Labor - Conference Attendance
IOU Travel - Airfare
IOU Travel - Lodging
IOU Travel - Meals
IOU Travel - MileaQe
IOU Travel - Parking
IOU Travel - Per Diem for Misc. Expenses
Subcontractor - Conference Fees
Subcontractor Labor - Conference Attendance
Subcontractor - Travel - Airfare
Subcontractor - Travel - Lodging
Subcontractor - Travel - Meals
Subcontractor - Travel - Mileage
Subcontractor - Travel - Parking
Subcontractor - Travel - Per Diem for Misc. Expenses
Overhead (General and Administrativel - Labor and Materials
IOU Equipment Communications
IOU Equipment ComputinQ
IOU Equipment Document Reproduction
IOU Eauipment General Office
IOU Equipment Transportation
IOU Food Service
IOU Office Supplies
IOU Postage
IOU Labor - Accounting Support
IOU Labor - Accounts Payable
IOU Labor - Accounts Receivable
IOU Labor - Administrative
IOU Labor - Facilities Maintenance
IOU Labor - Materials Manaaement
IOU Labor - Procurement
IOU Labor - Shop Services
IOU Labor - Transportation Services
IOU Labor - Automated Systems
IOU Labor - Communications
IOU Labor - Information Technoloay
IOU Labor - Telecommunications
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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 [mancial commitments are to be
categorized as commitments. Tfthe 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 desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek annraval from the CPUC.
Cost Categories Allowable Costs
Subcontractor Equipment Communications
Subcontractor Equipment Computing
Subcontractor Equipment Document Reproduction
Subcontractor Equipment General Office
Subcontractor Equipment Transportation
Subcontractor Food Service
Subcontractor Office Supplies
Subcontractor Postage
Subcontractor Labor - Accountino Support
Subcontractor Labor - Accounts Payable
Subcontractor Labor - Accounts Receivable
Subcontractor Labor - Facilities Maintenance
Subcontractor Labor - Materials Manaoement
Subcontractor Labor - Procurement
Subcontractor Labor - Shop Services
Subcontractor Labor - Administrative
Subcontractor Labor - Transportation Services
Subcontractor Labor - Automated Systems
Subcontractor Labor - Communications
Subcontractor Labor - Information Technoloav
Subcontractor Labor - Telecommunications
Marketing/Advertisina/Outreach Cost Category
IOU - Advertisements I Media Promotions
IOU - Bill Inserts
IOU - Brochures
IOU - Door Hangers
IOU - Print Advertisements
IOU - Radio Spots
IOU - Television Spots
IOU - Website Development
IOU Labor - Marketina
IOU Labor - Media Production
IOU Labor - Business Outreach
IOU Labor - Customer Outreach
IOU Labor - Customer Relations
Subcontractor - Bill Inserts
Subcontractor - Brochures
Subcontractor - Door Hangers
Subcontractor - Print Advertisements
Subcontractor - Radio Spots
Subcontractor - Television Spots
Subcontractor - Website Development
Subcontractor Labor - Marketinq
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Allowable Costs Table
Tbe 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 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 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 anornval from the CPUC.
Cost Categories Allowable Costs
Subcontractor Labor - Media Production
Subcontractor Labor - Business Outreach
Subcontractor Labor - Customer Outreach
Subcontractor Labor - Customer Relations
Direct Imolementation Cost Cateaorv
Financial Incentives to Customers
Activity - Direct Labor
IOU Labor - Curriculum Development
IOU Labor - Customer Education and Trainina
IOU Labor - Customer Equipment Testing and Diaqnostics
IOU Labor - Facilities Audits
Subcontractor Labor - Facilities Audits
Subcontractor Labor - Curriculum Development
Subcontractor Labor - Customer Education and Traininq
Subcontractor Labor - Customer Equipment Testinqand Diagnostics
Installation and Service - labor
IOU Labor - Customer Equipment Repair and Servicing
IOU Labor - Measure Installation
Subcontractor Labor - Customer Equipment Repair and Servicinq
Subcontractor Labor - Customer Equipment Repair and Servicing
Direct Implementation Hardware and Materials
IOU Audit Applications and Forms
IOU Direct Implementation Literature
IOU Education Materials
IOU Energy Measurement Tools
IOU Installation Hardware
Subcontractor - Direct I mplementation Literature
Subcontractor - Education Materials
Subcontractor - Enerqy Measurement Tools
Subcontractor - Installation Hardware
Subcontractor -Audit Applications and Forms
Rebate Processina and Insoection - labor and Materials
IOU Labor - Field Verification
IOU Labor - Site Inspections
IOU Labor - Rebate Processinq
IOU Rebate Applications
Subcontractor Labor - Field Verification
Subcontractor Labor - Rebate Processinq
Subcontractor - Rebate Applications
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