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HomeMy WebLinkAboutC24690 Consulting Services for 30:30 Energy Conservation Plan EcoMotionCITY OF PALM DESERT CITY MANAGERS OFFICE STAFF REPORT TO: Honorable Mayor Ferguson and Council Members SUBJECT: CONSULTING SERVICES FOR PALM DESERT ENERGY CONSERVATION PLAN. SUBMITTED BY: Pat Conlon, Director of Office of Energy Management DATE: January 12, 2006 ATTACHMENTS: Agreement Contract No. C-24690 RECOMMENDATION By Minute Motion: 1. APPROVE Contract No.C-24690 with EcoMotion Incorporated in the amount of $24,000.00 for the compilation of the Palm Desert 30:30 Energy Conservation Plan. 2. AUTHORIZE THE Director of Finance to appropriate $24,000.00 from unallocated General Funds for this Contract. BACKGROUND Mr. Ted Flanigan, one of the principals in The Energy Coalition, has started his own consulting company, EcoMotion Incorporated. Mr. Flanigan has been involved in the Aspen Accord and a key developer in the Estonia Protocol. We plan to use his expertise in the formatting and development of the City's Energy Conservation Plan. A full description of Mr. Flanigan's services is outlined in the attached agreement. We are fortunate to have Mr. Flanigan available to the City for this service. Any questions, please contact Pat Conlon. Submitted by: Reviewed and Concur: L Pat Conlon ? CpKo Ortega Director of Office of Energy Management 4ity anager AGREEMENT THIS AGREEMENT, made and entered into this 20th day of December, 2005, by and between THE CITY of PALM DESERT a municipal corporation, hereinafter referred to as "CITY" and EcoMotion Incorporated, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, CITY desires to engage CONSULTANT to render certain services as set forth in Exhibit "A" (Consultant's Proposal of Services) in connection with the planning and development of Proiect: Palm Desert 30:30 Energv Conservation Plan: Contract No. C- 24690. NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage CONSULTANT to perform the technical and/or professional services as hereinafter set forth. (2) CONSULTANT shall perform all work necessary within the schedules provided by CITY to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. (3) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carrying out of the work outlined in Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY. CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (5) All of the services required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. (6) The execution of this Agreement by the parties hereto does not constitute an authorization to proceed. (7) The CONSULTANT shall work closely with the CITY'S designated representative, who shall be the project administrator for the CITY. The CONSULTANT shall review and receive the CITY representative's approval of the details of work as it progresses. The person hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is: Ted Flanigan (8) The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or P6402.001 /709667.2 person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (9) CITY may terminate this Agreement at any time upon seven (7) days written notice to CONSULTANT with or without cause. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of termination or cancellation of this Agreement, by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. The CONSULTANT shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re -use or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. (11) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the CONSULTANT, if any. (13) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT shall take affirmative actions to insure equal employment opportunity and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. (14) The CITY agrees to pay the CONSULTANT for the work required by this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed $24,000.00 as more fully set forth in Exhibit A. CONSULTANT shall submit to CITY an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within fifteen business days of receipt each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by CONSULTANT shall be available for review and audit by the CITY. (15) Any notices, bills, invoices or reports required by this Agreement shall be deemed received on: (1) the day of delivery if delivered by hand or overnight courier service during CONSULTANT'S and CITY'S regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing: If to the CITY: Attn: Patrick Conlon City of Palm Desert 73510 Fred Waring Dr. Palm Desert, Calif. 92260 If to CONSULTANT: Attn: Ted Flanigan. EcoMotion Inc. 1527 Highland Ave. Glendale, CA 91202 (16) In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including actual attorney's fees incurred in connection with such action or proceedings. (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without the prior written consent of the CITY and any attempt to do so shall be void and of no effect. (18) CONSULTANT is, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT'S employees, except as set forth in this Agreement. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. . (19) CITY hereby covenant for itself, its employees, officers and members that those persons during their tenure or one year thereafter shall not have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the CITY Board, officer or employee of the CITY has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in business of the contacting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The CONSULTANT hereby covenants for itself, its employees and subcontractors that, at the time of this Agreement, those persons have no interest, and that those persons shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (20) The CONSULTANT is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and CITY, not being skilled in such matters, is relying upon the skill and knowledge of CONSULTANT to perform said services and duties. CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers and employees, from any liability or financial loss including, without limitation, attorneys fees and costs, arising from any reckless, negligent, or otherwise wrongful acts, errors or omissions of the CONSULTANT, or any person employed by CONSULTANT, including agents and independent contractors, in the performance of this Agreement. (21) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (Consultant's Proposal of Services, and any written modifications thereto) (22) This Agreement shall be governed by and construed in accordance with the laws of the State of California. (23) In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may then exist, on the party of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default. (24) Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement, is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. City of Palm Desert EcoMotion Incorporated, A Municipal Corporation Jim Ferguson, Mayor Date: ATTEST: Rachelle D. Klassen, City Clerk Ted Flanigan, Consultant. EcoMotion Inc. (Signature to be notarized) Date: EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES EcoMotion Incorporated ...the Power of the Increment 1527 Highland Avenue, Glendale California 91202 949-292-7314 Proposal for Strategic Consulting Services To Support The Estonia Protocol December 20, 2005 Overview EcoMotion Incorporated — and specifically its principal, Ted Flanigan -- will provide strategic planning and plan development services for the City of Palm Desert to further progress vis-a-vis the objectives of the Estonia Protocol.. Reporting to the Office of Energy Management, EcoMotion's principal Ted Flanigan will develop the City's strategic plan for comprehensive energy management, as well as plans customized for each Southern California Edison and Southern California Gas. This will include facilitation services with program partners for planning and design. Ted Flanigan will provide hourly services at a rate of $125/hour to carry out the following functions: Scope of Services for Ted Flanigan Drafting the Summary of Findings of the Working Group — after its December 9'h retreat — for the Executive Committee meeting on January 9, 2006. The findings include key definitions of savings and a new working name for the program that encapsulates is integrated and responsible energy management approach. (The Working Group now calls it "the 30:30 program.") At the meeting, the following two documents will also be provided for Executive Committee review and input. 2. Drafting the Draft Program Summary of the strategic plan for the 30:30 program. This 3-5 page document will be frame up the demonstration project for multiple audiences, and will present the concept, its genesis and rationale, its exemplary utility partnership, and the range of approaches that will be deployed throughout the City of Palm Desert to meet and beat the goal. 3. Developing and drafting the Draft Program Implementation Plan for Palm Desert's groundbreaking energy management plan for a partnership with both Southern California Edison and Southern California Gas. This work will be ongoing, but by January 9`h — when the Executive Committee is scheduled to meet in San Francisco — is intended to highlight significant utility partnership. 4. Complete City of Palm Desert's Final 2006 — 2010 Program Implementation Plan for the 30:30 program. This plan — which may actually become two customized 2006 — 2008 plans for each electricity and gas utility — will be in accord with CPUC and utility reporting formats. Depending on the direction of the City and the utility partners, EcoMotion's work with program planning may also entail developing the "E3" CPUC-supplied "workbook" with Edison and Gas Company partner guidance. (The E3 is an excel worksheet used throughout the state and provides basis for funding and cost effectiveness of specific program measures.) Completion of the plan will be marked by Executive Committee approval as well as that of both Southern California Edison and Southern California Gas. Milestones and Reporting Ted Flanigan will prepare the Summary of Findings by December 23 for Working Group review and input, and will prepare the Draft Program Summary and the Draft Program Plan by January 5 for City review prior to the January 9`h meeting. After Executive Committee guidance and further program design refinements, Ted Flanigan will finalize the Program Plan by mid -February 2006 unless compelling reasons stretch the deadline. Ted Flanigan will maintain routine communications with Pat Conlon — at least weekly — providing drafts of the materials above. Ted Flanigan will keep a daily log of hours spent and work activities and accomplishments each day. This documentation will be provided with invoices to the City. If the hours presented for the tasks herein is insufficient, Ted Flanigan will notify Pat Conlon as early as this situation is detected, and to either change the work plan or add to the contract. Compensation Task Summary of Findings Draft Program Summary Draft and Develop Program Plan Develop program designs for specific customer segments Prepare initial drafts with program plans and designs Refine strategy with Working Group Produce Draft Plan for Executive Committee review Finalize Program Plan Incorporate Executive Committee guidance, refine plan Customize for Edison and the Gas Company formats Hours* Total 8 $1,000 24 $3,000 32 $4,000 16 $2,000 8 $1,000 24 $3,000 24 $3,000 24 $3,000 Total Hours 160 $20,000 Corporate Overhead (10%) $2,000 Travel expenses * * (miles, meals, accommodations) $2.000 Grand Total $24,000 * Note that these are approximate hours and can be shifted among the three deliverables. EcoMotion Incorporated will not bill for additional hours without explicit authorization of the City and either an amendment to this contract, or an additional contract. ** Travel expenses will be preauthorized by the City, fully documented, and are not to exceed $2, 500 during the contract period. EcoMotion Incorporated will be paid 25% of the contract amount for labor at time of contract signature ($5,000). After 40 hours of services are provided ($5,000), EcoMotion will bill monthly for services provided, providing documentation of hours and activities and a brief progress report.