HomeMy WebLinkAboutContracts & Agreements_7-2009_CCv0001.pdf �M
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January 15, 2009
MEMORANDUM
TO: Lorrie Poyzer, City Clerk
I ROM: Gary van Dorst, COOL Directa
SUBJECT: REQUEST FOR MAYOR'S SIGNATURE ON ENERGY PARTNERSHIP
AGREEMENT
This memorandum transmits to you the attached Energy Partnership Agreement with Southern
California.Edison. For reference sake, the City Council authorized the Mayor to execute the
Agreement on Septemhe2008 (Resolution 6750). The City Attorney has reviewed the
agreement. j
If you have any questions, please feel free to contact me at x7583.
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Landscape Maintenance Aszreement - Amethyst Bible Church - Onmotion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved an agreement with Caltrans for landscape
maintenance of the parkway on Mentone Boulevard within Caltrans right-of-way
associated with the Amethyst Bible Church development under Conditional Use
Permit No. 818 and authorized the 'Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City.
Resolution No. 6753 - CI MB Grant Applications - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No, 6753, a resolution of the City
Council of the City of Redlands authorizing the submittal of applications for All
California Integrated Waste Management Board grants - RAC chip seal grants
for a five-year period for the use of rubberized street pavement maintenance
treatment applications and authorized the Mayor to execute, and the City Clerk
to attest to, the document on behalf of the City.
Resolution No. 6750 - SCE Energy Leader Partnership Program - Due to a
potential conflict of interest, Councilmember Bean retired from the Council
Chambers and did not participate in this matter, a Public Disclosure of
Potential Conflict of Interest form is on rile in the City Clerk's Office. On
motion of Councilmember Gilbreath, seconded by Councilmember
Gallagher, the City Council adopted Resolution No. 6750, a resolution of
the City Council of the City of Redlands authorizing submission of an
application to the Southern California Edison Energy Leader Partnership
Program, by AYE votes of all present with Councilmember Bean having
abstained.
Energy Efficiency_ and Conservation Bloch_ Grants - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously authorized the Mayor and City staff to contact and
correspond with elected officials to encourage support of full funding for the
Energy Efficiency and Conservation Block Grants(EECBG) Program.
Conflict Waiver - Agreement - Fire Services - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council unanimously
approved the recommendation to approve a conflict of interest waiver in regards
to LAFCO Annexation No. 3105 (Redlands Annexation No. 90), authorized the
City Attorney to sign the letters on behalf of the City to facilitate the annexation
process and authorized the City Manager to enter into an agreement with the
County of San Bernardino maintaining the existing Automatic Aid Agreement
for Fire Department services as found in Amendment No. I to Auto Aid
Agreement, signed April 8, 2008, by the City Manager.
Agreem.ents - Automobile Loans - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously approved
Wednesday, September 3,2008
Page 5
RESOLUTION NO. 6750
RESOLUTION N CIE THE CITE' COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING S BMISSIO OF AN APPLICATION TO THE SOUTHERN
CALIFORNIA EI ISON ENERGY LEADER PARTNERSHIP SHIP PROG AM
WHEREAS. Southern California.Edison has created an Energy Leader Partnership Program to
assist local governments in controlling the recent unprecedented increases in the costs of energy by
identifying areas where energy use can be reduced; and
WHEREAS, The City of Redlands budget continues to be effected by the recent rise in the costs
of energy and controlling enemy costs is a necessary component of budget discipline; and
WHEREAS,The City of Redlands has adapted the Er.S. Mayors' Climate Protection Agreement.
and a Climate Action Program to begin the process of reducing greenhouse Sasses; and
WHEREAS, reducing energy use at the local level not only saves the City money, but
significantly contributes to the reduction of greenhouse gas emissions-. and
WHEREAS, entering into an agreement with Southern California Edison as an Energy Leader
Partner will provide the City with invaluable technical assistance and access to no-interest loans for
energy efficiency improvernents financed l from the energy savings,'
NOW THEREFORE, BE IT RESOLVED THAT:
1. 'The City Council of the City of Redlands authorizes the Director of the Quality of Life,,
Department to submit an application to Southern California Edison to become an Energy Leader
Partner for the2009-20 I I Prcr ect Cycle. The Mayor or airy.r errrber �fthe City Council of the
Cita. of Redlands is hereby authorized and empowered to execute in the name of,the City of
Redlands, all necessary,contracts,agreements and amendments hereto on behalf of the program.
The City Council of the City of Redlands authorizes and empowers the Quality of Life
Department lent Direct sr in the name of the City of Redlands to execute all necessary applications,
correspondence, and reports for the purposes of administering the City's participation in the
Energy Leader Partnership Program.
ADOPTED, SIGNED ANIS APPROVED this 3rd day of September, 2008.
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Jon Harrison, Mayor
ATTEST:
City Clerk., Cita of Redlands
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1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at an adjourned regular meeting thereof
held on the 3rd day of September, 2008 by the following vote:
AYES Councilmembers Gilbreath, Gallagher, Aguilar, Mayor Harrison
NOES: None x
ABSENT: None
ABSTAINED: Councilmember Bean
City Clerk, City of Redlands
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AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY TN SERVES
ENERGY EFFICIENCY PARTNERSHIP PO��M
as extended into 2009, pending Commission Decision on 2009-11 Program)
BETWEEN
THE CITY OF REDLANDS, CALIFORNIA
and
SOUTHERN CALIFORNIA EDISON COMPANY
Dated: January 15, 2009
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This program is funded by California utility customers under the auspices of the
California Public Utilities Commission.
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THIS AGREEMENT TO JOINTLY DELIVER THE 2006-2008 LOCAL GOVERNMENT
ENERGY ACTION RESERVES ENERGY EFFICIENCY PROGRAM (the "Agreement") is
effective as of January 15, 2009 ("Effective Date") by and between SOUTHERN CALIFORNIA
EDISION COMPANY ("SCE" or the "Utility") and THE CITY OF REDLANDS,
CALIFORNIA ("City"). SCE and City may be referred to herein individually as a "Party" and
collectively as the "Parties."
RECITALS
WHEREAS, on September 22, 2005 the California Public Utilities Commission (the
"Commission") in D.05-09-043 authorized certain energy efficiency programs to be delivered to
California utility customers for the years 2006 through 2008 and the continuation of programs
where local governmental entities partnered with utilities to deliver energy efficiency information
and education to utility customers;
WHEREAS, SCE submitted Application 05-06-015 to the Commission and received
approval for the implementation of energy efficiency programs which included the Energy
Efficiency Partnership Programs (the "06-08 Program" or the "Program"), involving the joint
delivery of energy efficiency information, training and materials to government entities, member
agencies, business and residents located in SCE's service territory;
WHEREAS, on July 21, 2008, SCE and other California investor-owned utilities
("Utilities") submitted their respective applications ("2009-11 Applications") for the
implementation of energy efficiency programs to be delivered to California utility customers for
the years 2009 through 2011, which included the 2009-11 Local Government Partnership
Program (the "2009-11 Program"), involving the joint delivery of energy efficiency information
and training, marketing and outreach, and services to local governments, public agencies,
businesses and residents located in SCE's service territories;
WHEREAS, on August 18, 2008, the Utilities filed a joint request for bridge funding in
order to continue certain 06-08 energy efficiency programs into 2009 in the event the
Commission does not finalize a decision on the 2009-11 Applications before the end of 2008;
WHEREAS, on October 16, 2008, the Commission issued the Decision Adopting Bridge
Funding For 2009 Energy Efficiency Programs ("Bridge Funding Decision") allowing the
Utilities to expend funds to continue certain 2008 energy efficiency programs during the period
from January 1, 2009 to the earlier of (i) three (3) months after the effective date of the
Commission's final decision on the 2009-11 Applications, and (ii) December 31, 2009, (the
"Bridge Funding Period");
WHEREAS, the Parties desire to enter into an agreement that sets forth the terms and
conditions under which the 06-08 Program shall be implemented by the Parties in 2009 and
which governs the City's obligations thereunder, in the event the Commission has not issued a
final decision on the 2009-11 Applications on or prior to January 1, 2009;
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WHEREAS, on September 2, 2008, the City approved, passed and adopted a
Resolution supporting and endorsing the City's support and participation in the Program and
approving the City as a Program participant, including authorization to enter into this Agreement
for the Bridge Funding Period.
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. Amendment: A future document executed by the authorized representatives of all
Parties which changes or modifies the terms of this Agreement.
1.3. Authorized Monthly Bridge Funding Budget. The Commission-approved total
monthly budget for the City's performance of the Authorized Work after December 31,
2008.
1.4. Authorized Work (or Bridge-Funded Authorized Work): The work authorized by
the Commission for the 06-08 Program after December 31, 2008, set forth in the Local
Government Energy Action Reserves ("LGEAR") Program Implementation Plan for
SCE's service territory which is attached hereto and incorporated herein as Exhibit A.
1.5. Business Day: The period from one midnight to the following midnight,
excluding Saturdays, Sundays, and holidays.
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.
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1.7. Contractor: An entity contracting directly or indirectly with a Party to furnish
services or materials as part of or directly related to such Party's Authorized Work
obligations.
1.8. Effective Date: The date on which both Parties have fully executed this
Agreement, as set forth in the Preamble.
1.9. Eligible Customers or Customers: Customers eligible for Program services are
SCE customers located in the City.
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1.10. Energy Efficiency Measure (or Measure): As used in the Commission's Energy
Efficiency Policy Manual, Version 3, August 2005.
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1.1 1. 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 Program Implementation Plans
budget worksheets for such Authorized Work, but in no event in excess of the Authorized
Monthly Budget,
1.12. 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.
1.13. Subcontractor: An entity contracting directly or indirectly with a Party to furnish
services or materials as part of or directly related to such Party's Authorized Work
obligations, provided however, that any potential subcontractors shall be approved by SCE
prior to performing any service or providing any materials. SCE may in its sole discretion
deny approval of any subcontractor for any reason.
2. PURPOSE/INTERIM AGREEMENT
2.1, The Program is funded by California utility ratepayers, and is administered by
SCE 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
during the Bridge Funding Period pending the Commission's decision on the 2009-11
Applications.
2.2. This Agreement shall only be effective if the Commission has not issued a final
decision on the 2009-11 Applications prior to January 1, 2009. In the event such final
decision is issued prior to January 1, 2009, then this Agreement shall automatically
terminate and be of no further force and effect.
2.3. The work authorized pursuant to this Agreement is not to be performed for profit.
2.4. 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 Program is designed to optimize opportunities for the City to achieve both short and
long-term sustainable energy savings, reduce utility bills, and enhance the level of comfort in
municipal and commercial buildings as well as homes. The Partnership will help promote an
energy efficiency "ethic" by increasing community awareness and participation in energy
efficiency, demand response and self-generation programs.
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The overall program strategy is to provide energy information, and to identify and implement
sustainable energy efficiency activities in the City. The Parties will leverage the strengths of
each other to cost effectively deliver energy and demand savings. SCE will provide a r
comprehensive list of energy efficiency activities from outreach to implementation, and the
Parties will jointly select programs and activities, and develop a course of action for delivering
them. Commissioning and other energy savings activities will be coordinated with the SCE
teams providing those specific services through the SCE representative.
General strategies for the City may include:
Standard SCE Pro-gram Offerings: SCE programs including but not limited to rebates and
incentives, appliance recycling, residential and commercial new construction, training, residential
and commercial energy surveys, lighting programs, program brochures and other materials.
Customized Offerings: Specific programs will be designed to meet the individual needs of the
City, taking into consideration the climate zone, customer needs, and the City's leadership and
guidance in promoting, facilitating, and instituting energy efficiency practices in the community.
Marketing and Outreach: The City and SCE may work together to plan, design, and implement
marketing and outreach materials and activities.
Program Objectives: The objectives of the partnership are to:
I. Significantly increase the availability of information and education programs to all market
segments in the City.
2. Increased participation in the installation of energy efficient equipment through various
statewide and local programs that will deliver long-term savings and peak demand reduction.
3. Provide the City's geographically hard-to-reach customers with high-quality information
about energy use in their homes and facilities.
4. Enable and encourage customers to make informed decisions to change energy use and
practices.
5. Leverage the City's institutional strengths and communication infrastructure to identify and
respond to the specific needs of constituents.
6. Identify any government facilities that can be retrofitted or retro commissioned to reduce the
electric utility bills for the City.
2009-11 Program: Approval of SCE's 2009-11 Application for energy efficiency programs,
which will include the City of Redlands, is currently pending with the Commission.
Participation in the 2009-11 Program will be subject to approval and execution by the Parties of a
new partnership agreement based on the performance goals set forth in the 2009-11 Application,
and containing terms and conditions which support those goals and objectives.
4. AUTHORIZED WORK
4.1. The work authorized by the Commission for the Program after December 31,
2008 ("Authorized Work" or `Bridge-Funded Authorized Work") is set forth in the Local
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Government Energy Action Reserves ("LGEAR") for the service territory of SCE,
attached hereto as Exhibit A, and shall be performed by the Parties pursuant to the terms
of this Agreement. Pursuant to the Bridge Funding Decision by the Commission, no work z
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shall be authorized to be performed prior to January 1, 2009 and the Parties shall not spend
any of the Authorized Monthly Bridge Funding Budget for work performed prior to such
date.
4.2. SCE shall have the unilateral right to determine the Authorized Work and set the
specific parameters to be accomplished with the City under the 06-08 Program.
5. OBLIGATIONS OF THE PARTIES
SCE will work with the City or its representatives to accomplish the Program goals which
will be mutually developed by SCE and the City.
5.1. Obligations of the City.
5.1.1. The City shall perform its Authorized Work in conformance with the
schedules and the budgets associated with such Authorized Work
5.1.2, The City shall obtain the approval of SCE when developing Program
marketing materials prior to any distribution, publication, circulation or
dissemination in any manner to the public. In addition, all advertising,
marketing or otherwise printed or reproduced material used to implement
the Program must contain SCE's logo and the following language: "This
[program] is funded by California utility customers and administered by
Southern California Edison, under the auspices of the California Public
Utilities Commission."
5.1.3. The City and its representative will communicate regularly with SCE's
Program Representative, and shall advise SCE immediately of any
problems or delays associated with its Authorized Work obligations.
5.1.4. The City will appoint an Energy Champion who will be the primary
contact between the City and the SCE representative.
5.2. Obligations of SCE.
5.2.1. SCE will use its best efforts to add value to the Program, by, without
limitation, dedicating the staff resources necessary to successfully
implement the Program and to provide and maintain an SCE presence in
the City, providing support for the Program's marketing and outreach
activities, and working to enhance communications with the residents to
address consumer needs and provide utility services.
5.2.2. SCE shall provide, at no cost to the Program, informational and
educational materials on SCE's statewide and local energy efficiency
programs to the City which will assist the City to implement the Program.
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5.2.3. SCE shall be responsible for all communications, reporting and all other
mandated or requested information, filings or other material requested,
required or otherwise ordered by the Commission.
5.2.4. SCE will identify a Program Representative, who will be the single point
of contact for the City.
5.3. Obligations of both Parties.
5.3.1 The Parties or their designated representative shall complete the
Authorized Work within the Authorized Monthly Budget, and with the
degree of skill and care that is required by current professional standards.
5.3.2 The Parties or their designated representative shall engage in routine
weekly communication during the Term of this Agreement to review the
status of the Program's deliverables, marketing approaches, schedules and
the budgets, and to collaboratively plan for upcoming Program activities.
6. ADMINISTRATION OF PROGRAM
6.1. Decision-makingand Approval.
6.1.1. Except as specifically provided in this Agreement, the following actions
and tasks require consent of both Parties:
a. Any material modification to the Authorized Work in connection
with the Program.
b. Any action that materially impacts the agreed-upon schedule for
implementing the Program.
c. Selection of any Contractor not previously approved by SCE.
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 five (5)
years after the expiration or termination of this Agreement.
6.2. Regular Meetings. During the term of this Agreement, the Parties shall meet
monthly at a location reasonably agreed upon by the Parties. Any decision-making shall
be reached and documented in accordance with the requirements of Section 6.1 above.
6.3. Regular Communication. Notwithstanding Section 6.2, above, each Party agrees
to communicate regularly with the other Party and to review the status of the Program's
goals, detiverables, schedules and budgets, and plan for upcoming 2009-2011 Program
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implementation activities, and to advise the other Party of any problems associated with
successful implementation of the Program.
6.4. Non-Responsibility for Other Party. Notwithstanding anything contained in this
Agreement in the contrary, a Party shall not be responsible for the performance or non-
performance hereunder of the other Party, nor be obligated to remedy any other Party's
defaults or defective performance.
7. DOUBLE DIPPING PROHIBITED
7.1. In performing its respective Authorized Work obligations, a Party shall implement
the following mechanism and shall take other practicable steps to minimize double-
dipping (ie., duplication of rebates, incentives or services which use Public Goods Charge
(PGG) funds):
7.1.1. Prior to providing incentives or services to an Eligible Customer, a Party
shall obtain a signed form from such Customer stating the following:
a. Customer has not received rebates, incentives or services for
the same measure from any other SCE program or from
another utility, state, or local program; and
b. Customer agrees not to apply for or receive rebates, incentives
or services for the same measure from another utility, state, or
local program.
7.1.2. Each Party shall keep its Customer-signed forms for at least 5 years after
the expiration or termination of this Agreement.
7.1.3. No Party shall knowingly provide an incentive to a Customer, or make
payment to a Contractor or Subcontractor who is receiving compensation
for the same product or service either through another ratepayer funded
program, or through any other funding source.
7.2. The Parties shall take reasonable steps to minimize or avoid the provision of
rebates, incentives or services for the same measures provided under this Program from
another program or other funding source("double-dipping").
8. REPORTING
8.1. SCE will require the City or its representative to submit reports monthly to reflect
program activity(both completed and planned), and costs/expense incurred and projected.
8.2. Reporting Schedule:
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8.2.1. The City or its representative shall submit monthly reports showing data
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for the month, year-to-date and a 3-month forward looking estimate.
8.2.2. All reports shall be submitted in accordance with Exhibit B of this
Agreement and 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 Commission staff.
9. PAYMENTS
9.1. Authorized Budget. The total Commission-approved monthly budget for
performance of the Authorized Work for the City (defined as the "Authorized Monthly
Bridge Funding Budget"), excluding SCE costs and rebates and incentives, shall not
exceed $6,000. The City shall be entitled to funds from the Authorized Monthly Bridge
Funding Budget as specified herein as specified by SCE in its sole discretion. The Parties
acknowledge that any unspent funds in a single month may not be spent in future months,
unless prior written authorization is provided by SCE. In SCE's sole discretion, the
Authorized Monthly Bridge Funding Budget may be supplemented on a case-by-case basis
but only with prior written authorization from SCE in the event that (i) there are large
projects that exceed such Authorized Monthly Bridge Funding Budget and (ii) the Parties
can produce significant additional savings with additional funds.
9.2. Payment Terms and Invoicing Practices. The City or its representative shall
submit approved invoices to the SCE Program Representative.
9.3. Program Expenditures. The Parties with prior SCE approval shall be entitled to
spend PGC Program Funds on 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 ("Program Expenditures"), up to such amounts budgeted in the budget
worksheets for such Authorized Work but in no event shall the monthly Program
Expenditures exceed the Authorized Monthly Bridge Funding Budget.
9.4. Payment Procedure. To be entitled to PGC funds for Program Expenditures, the
City or its representative shall:
9.4.1. Obtain SCE approval for all expenditures before they are incurred
9.4.2. Report its Program Expenditures as specified in this Agreement pursuant
to Section 8 hereof; and
9.4.3. Submit an invoice when approved expenditures occur along with the
required report to SCE for reimbursement of reported Program
Expenditures, in a format acceptable to SCE, attaching all documentation
reasonably necessary to substantiate the invoice, including, without
limitation, the following:
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a. Contractor/Subcontractor Costs: Copies of alI contractor and
subcontractor invoices. If only a portion of the costs apply to
the Program, clearly indicate the line items and/or percentage
of the invoice amount that should be applied to the Program. Of
b. Marketing: A copy of each distinct marketing material
produced, with quantity of a given marketing material produced
and the method of distribution.
C. Incentives: Subject to Section 7, supporting documentation for
each incentive paid to Eligible Customers or Contractors (other
than point of purchase programs) must include;
(i) Eligible Customer or Contractor name, address and
telephone number;
The type and quantity of each measure installed or
received;
The amount of each incentive paid; and
(iv) The date each payment was provided and/or each
measure was installed or received.
d. Other Expenses: Supporting data and documentation for all
expenses must be submitted and approved by SCE.
e. Allowable Costs: Only those costs as listed in the Allowable
Cost Table shown in Exhibit B can be submitted for payment.
All invoices must report all costs using the Allowable Cost
elements shown on the Allowable Cost Table.
9.4.4. Upon submission of all required and/or requested documentation
substantiating the City's invoice to SCE, SCE will review all reported
Program Expenditures. SCE reserves the right to:
a. Reject any invoiced amounts, in whole or in part, in excess of
the amounts budgeted in the budget worksheets for such
Authorized Work.
b. Reject any amounts for which there is a reasonable basis for
concluding they are unreasonable or not directly identifiable to
or required for the Authorized Work.
C. Reject any invoice, in whole or in part, which in SCE's sole
discretion contains charges for any item not authorized under
this Agreement or by the Commission, oris deemed untimely,
unsubstantiated or lacking proper documentation.
d. Make payment directly to City's representative when SCE is
provided notice from City directing payment be made to City's
representative.
9.4.5. SCE shall review and either approve or reject for payment reported
Program Expenditures within 30 days of receiving of the required report
and corresponding invoice.
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9.5. Shifting Funds Across Budget Categories. SCE may shift funds within the
Authorized Monthly Bridge Funding Budget among budget categories (ie.,
Marketing, Education & Outreach, Technical Assistance, Direct Implementation
and Incentives). Such shifting may be made by SCE to the maximum extent
permitted under, and in accordance with, Commission decisions and rulings to
which the 06-08 Program relates.
10. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES
This program was established for the Program period 2006-2008 and is being extended
through the Bridge-Funding Period, subject to the conditions set forth in Section 23 hereof:
Unless this Agreement is terminated pursuant to Section 23.2 of this Agreement, the Parties shall
complete all Direct Implementation and Marketing & Outreach activities (as defined in the
Program Implementation Plan) related to Authorized Work by no later than the earlier of: (i) the
date that is three months after the effective date of a final decision by the Commission on the
2009-11 Applications (ii) December 31, 2009, and (iii) the effective date of an Agreement for
the 2009-11 Application activities, (such first date, the "Bridge-Funded Authorized Work
Deadline"). Program administrative activities (as defined by the Program Implementation Plan,
reporting workbooks and reporting requirements), including submission of the Final Report(s),
for Bridge-Funded Authorized Work must be completed no later than three (3) months following
the Bridge-Funded Authorized Work Deadline, unless otherwise agreed to by the Parties or so
ordered by the Commission.
11. FINAL INVOICES
Final invoices for Authorized Work shall be submitted no later than three (3) months
following the Bridge-Funded Authorized Work Deadline.
12. INDEMNITY
12.1. City shall indemnify, defend and hold harmless SCE and their respective
successors, assigns, affiliates, subsidiaries, 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) arising from City's
negligence or willful misconduct in City's performance of its obligations hereunder or
based on City's breach of this Agreement.
12.2. SCE shall indemnify, defend and hold harmless City, and their respective
successors, assigns, affiliates, subsidiaries, 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) arising from SCE's
negligence or willful misconduct in SCE's performance of its obligations hereunder or
based on SCE's breach of this Agreement.
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12.3. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
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WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) NO
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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 the Commission, who is a third party beneficiary of
this Section 13, 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 the Parties shall retain no
ownership, interest or title in the Developments except as may otherwise be provided in the
Program Implementation Plan, they 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
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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 hereof shall be confidential and shall be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shalt apply, which
Section is incorporated in this Agreement by reference.
14.4. Injunctive 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 shall continue to perform its obligations under
this Agreement pending final resolution of any dispute arising out of or relating to this
Agreement.
14.6. Failure of Mediation: If, after good faith efforts to mediate a dispute under the
terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a
resolution of the dispute, any Party may pursue whatever legal remedies may be available
to it at law or in equity, before a court of competent jurisdiction and with venue as
provided in Section 33.
15. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants, individually and not jointly, that:
15.1. The Authorized Work performed by such Party and its subcontractors shalt
comply with the applicable requirements of all statutes, acts, ordinances, regulations,
codes, and standards of federal, state, local and foreign governments, and all agencies
thereof.
15.2. The Authorized Work performed by such Party and its subcontractors shall be free
of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or
other violations of any proprietary rights of any person.
15.3. Each Party 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. Each Party shall contractually require each subcontractor it hires to perform the
Authorized Work to indemnify each other Party to the same extent such Party has
indemnified each other Party under the terms and conditions of this Agreement.
15.5. Each Party shall retain, and shall cause its subcontractors to retain, all records and
documents pertaining to its Authorized Work obligations for a period of not less than three
years beyond the termination or expiration of this Agreement.
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15.6. Each Party shall contractually require all of its subcontractors to provide the other
Parties reasonable access to relevant records and staff of subcontractors concerning the
Authorized Work. k
15.7. Each Party will take all reasonable measures, and shall require its subcontractors
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
such Party uses to control its own funds, but in no event less than a reasonable degree of
care.
15.8. Each Party will maintain, and may require its subcontractors to maintain, the
following insurance coverage or self insurance coverage, at all times during the Term of
this Agreement:
a. Workers' Compensation and Employers' Liability: statutory
minimum.
b. Commercial General Liability: $1 million minimum.
C. Business Auto (if applicable): $1 million minimum.
d. Professional Liability Insurance (if applicable): $1 million
minimum.
16. PROOF OF INSURANCE
16.1. Upon request at any time during the term of this Agreement, a Party shall provide
evidence that its insurance policies are in full force and effect, and provide the coverage
and limits of insurance that such Party has represented and warranted herein to maintain at
all times during the Term of this Agreement.
16.2. If a Party is self-insured, such Party shall upon request forward documentation to
the other Parties that demonstrates to each other Party's satisfaction that such Party self-
insures as a matter of normal business practice before commencing the Authorized Work.
Each Party will accept reasonable proof of self-insurance comparable to the above
requirements.
17. CUSTOMER CONFIDENTIALITY REQUIREMENTS
Each Party agrees, individually and not jointly, that
17.1. Each Party, 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 such Party having obtained the prior
written consent of SCE, except as provided by law, lawful court order or subpoena and
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provided such Party gives SCE advance written notice of such order or subpoena.
17.2. "Confidential Customer Information" includes, but is not limited to an SCE
customer's name, address, telephone number, account number and all billing and usage
N 3
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information, as well as any SCE customer's information that is marked confidential. If a
Party is uncertain whether any information should be considered Confidential Customer
Information, such Party shall contact SCE prior to disclosing the customer information.
17.3. Prior to any approved disclosure of Confidential Customer Information, SCE may
require the disclosing Party to enter into a nondisclosure agreement.
17.4. This provision does not prohibit a Party 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. Confidential Customer information materials provided to a Party by another Party
during the performance of this Agreement shall be returned upon written request to the
original owner of the documents.
17.6. 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 the Parties are specifically enforceable. Accordingly, the Parties agree
that in the event of a breach or threatened breach of this Section 17 by any Party, the Party
whose Confidential Customer Information is implicated in such breach 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.
18. TIME IS OF THE ESSENCE
The Parties hereby acknowledge that time is of the essence in performing their obligations
under the Agreement. Failure to comply with deadlines stated in this Agreement may result in
termination of this Agreement, payments being withheld or other Program modifications as
directed by the Commission.
19. CUSTOMER COMPLAINT RESOLUTION PROCESS
The Parties 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 to
SCE.
20. RESTRICTIONS ON MARKETING
Unless otherwise requested by a Party, all Parties' names or logos in their appropriate trade
and service mark identifications shall be included on any and all Program T&E materials. For all
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other materials, a Panty must receive prior written approval from a Party for the use of such
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Party's name or logo. However, nothing in this section is intended to pen-nit the omission of any
Party's name and/or logo from materials discussing the Program, the Program implementation,
and/or the Parties' delivery thereof.
21. RIGHT TO AUDIT
The Parties agree that the Parties, 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 their performance of this Agreement or the Authorized Work, during
normal business hours, and to allow reasonable access in order to interview any employees of the
Party who might reasonably have information related to such records. Further, the Parties agree
to include a similar right of the Parties and/or the Commission to audit records and interview
staff in any subcontract related to performance of the Authorized Work or this Agreement.
22. STOP WORK PROCEDURES
SCE may suspend the Authorized Work being performed in its service territory for good
cause, such as safety concerns, fraud, or excessive Customer complaints, by orally notifying each
other Party to suspend the Authorized Work being performed in its service territory. Each Party
performing Authorized Work in SCE's service territory shall stop work immediately, and may
resume Authorized Work only upon receiving written notice from SCE that it may resume the
Authorized Work.
23. TERM AND TERMINATION
23.1. Term. This Agreement shall be effective as of the Effective Date and shall
continue in effect until the date which is three (3) months following the Bridge-Funded
Authorized Work Deadline (the "Term"), unless otherwise terminated in accordance with
the provisions of Section 2.2 or Section 23.2 hereof.
23.2. Termination. Any Party may, upon approval of the non-breaching Party, 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 a breaching Party thereof from a non-breaching Party or otherwise
resolved pursuant to the dispute resolution provisions set forth in Section 14 herein.
23.2.1. In the event of termination, the Parties shall be entitled to PGC Funds for
all Program Expenditures properly 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 Monthly
or other Reports required by the Commission are submitted in accordance
with the terms and conditions of this Agreement.
k 23.2.2. In the event of termination, the Parties shall work cooperatively to
facilitate the termination of operations and any applicable contracts for
Authorized Work.
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24. 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:
The City: SCE:
Jon Harrison David M. Taylor
Mayor Project Manager
City of Redlands Southern California Edison
35 Cajon Street, Suite 200 6042A N Irwindale Ave
Redlands, CA 92373 Irwindale, CA 91702
With correspondence copies to:
Todd Housley
Project Manager
City of Redlands
35 Cajon Street, Suite 222
Redlands, CA 92373
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.
25. 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,
26, 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.
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27. NON-DISCRIMINATION CLAUSE
Y
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
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.
28. COMMISSION AUTHORITY TO MODIFY,CONFLICT WITH BRIDGE FUNDING
DECISION
28.1. 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.
28.2. The Authorized Work shall be subject to the terms of the Bridge Funding
Decision. In the event of any inconsistency between this Agreement and the Bridge
Funding Decision, the terms of the Bridge Funding Decision shall control.
29. NON-WAVER
None of the provisions of this Agreement shall be considered waived by any Party unless
such waiver is specifically stated in writing.
30. ASSIGNMENT
No Party shall assign this Agreement or any part or interest thereof, without the prior written
consent of the other Parties, and any assignment without such consent shall be void and of no
effect. Notwithstanding the foregoing, if SCE 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 any Party's consent, and SCE shall be released from all obligations
hereunder arising after the effective date of such assignment, both as principal and as surety.
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31. FORCE MAJEURE 2
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.
32. SEVERABILITY
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.
33. 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 Los Angeles County, California.
34. 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.
35. COOPERATION
Each Party agrees to cooperate with the other Parties in whatever manner is reasonably
required to facilitate the successful completion of this Agreement.
36. 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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37. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which shalt be deemed
to be an original, but all of which together shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their duly authorized representatives.
CITY OF REDLANDS: ATTEST:
By: / - / (� 70t,
Name: r. Jon a` icon ��rk, C of Redlands
Titl . Mayor
Date: January 15, 2009
SOUTHERN CALIFORNIA EDISON COMPANY:
By:
Name:
Title:
Date:
20
EXHIBIT A
LGEAR PROGRAM IMPLENTATION PLAN
NO
Exhibit A
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
Local Government Energy Action Resources
1. Projected Program Budget $ 5,420,032
2. Projected Program Impacts
MWh 8,385
MW (Summer Peak) 1.77
3. Program Cost Effectiveness
TRC 0.58
PAC 0.81
4. Program Descriptors
Market Sector: Cross-cutting
Program Classification: Local
Program Status: New
5. Program Statement
Local Governments, especially cities, counties and special districts (collectively referred
to as Jurisdictions) have access to residential, commercial and institutional constituents
that are also SCE customers. Also, local government economic redevelopment and
similar designated areas are specifically designed to increase community prosperity and
represent a vital source of energy savings across a diverse residential and business market
sector that has had lower participation in traditional energy efficiency programs.
Our past experience with the SCE Local Government Initiative (LGI) program indicates
that Jurisdictions are not being sufficiently utilized to aid the energy efficiency effort
through educating their communities and distributing information on energy efficiency,
demand response, self-generation and low income programs. SCE's 2002 and 2003 LGI
Evaluation prepared by Wirtshafter Associates suggested that SCE was missing
opportunities to partner with local jurisdictions to address energy efficiency in municipal
buildings. The studies recommended that SCE increase its efforts to "...achieve its true
potential in partnering with local Jurisdictions to deliver energy savings." In addition,
local jurisdictions are now more than ever interested in energy efficiency as they develop
strategies to implement the Governor's Executive Order S-20-04, The Green Building
Action Plan. Further, the Program Advisory Group (PAG) is also desirous of a vehicle to
disseminate comprehensive energy information to cities and to help communities
transition to the new energy codes.
6. Program Rationale
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1102--man-
Exhibit A
to
AGREEMENTTO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
Local Government Energy Action Resources program (LGEAR) will optimize the
opportunities for jurisdictions and their communities to work toward the common goal of
achieving short and long-term energy savings, reduced utility bills, and an enhanced level
of comfort in municipal and commercial buildings as well as homes. LGEAR will help
promote an energy efficiency 'ethic' by increasing awareness and participation in energy
efficiency, demand response, self generation and energy management assistance (low
income energy efficiency and CARE) programs. Energy code training will feature
strongly in LGEAR. As recommended by the PAG, LGEAR will deliver energy code
training to all cities in SCE's service territory.
This new program involves the creation of energy partnerships with cities and local
governments to set energy efficiency goals and generate measurable, verifiable energy
savings through identification of specific energy efficiency projects and community
outreach activities. Municipal building retrofits will further jurisdictions' objective to
comply with the Governor's 'Green Building Action Plan.'
LGEAR supports the policy set forth in Decision (D.) 05-01-055 which notes that
"Current or future partnerships between IOUs and local governments can take advantage
of the unique strengths that both parties bring to the table to deliver cost-effective energy
efficiency services." Local government economic redevelopment and similar designated
area are specifically designed to increase community prosperity and represent a vital
source of energy savings across a diverse residential and business market sector that has
had lower participation in traditional energy efficiency programs. These customers
represent significant energy savings and demand reduction potential, as well as potential
lost opportunities if not given targeted consideration.
7. Program Outcomes
The desired outcomes of this program are:
• Short and long-term energy savings and demand reduction for Local Government
organizations and the communities they serve as well as reduction of greenhouse
gas and emissions. Jurisdictions will leverage their local infrastructure to "spread
the word" about energy efficiency and deepen the reach of SCE's statewide and
local EE programs and services.
• An energy efficiency 'ethic' resulting from delivery of energy information to the
communities, training and education for local government facility managers,
energy managers and other staff in the use of 'best practices' methodology for
identifying and implementing energy efficiency opportunities in their facilities;
and possibly HVAC and other training targeted at the refrigeration/HVAC
technicians,
# The implementation of demand side management (DSM) strategies in government
organizations and progress towards the goal of 10% reduction of grid based
purchases by the year 2010 and 20%by 2015.
Exhibit A
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
8. Program Strategy
The level of involvement for each LGEAR participant will vary as individual
Jurisdictions will require a different approach depending on climate zone, customer mix,
market characteristics and individual need. Each participant will have the opportunity to
funnel, i.e. increase participation in, existing programs and will contribute to SCE's
2006-2008 energy savings and demand reduction goats through the identification of
energy savings projects.
Standard Program offerings are as follows:
Energy Efficiency Rebates/Incentives:
Opportunities to revitalize communities and create awareness of energy efficiency and
participation in energy efficiency rebate programs. They will utilize their existing
infrastructure, for example water bills, and outreach activities to funnel residential energy
efficiency programs as follows:
Multi-family Rebates: Conduct sweeps of City/County Housing and multi-family
dwellings to include, CLF change-outs, torchiere turn-ins and refrigerator rebates.
Appliance Recycling: Neighborhood Sweeps in which neighborhoods are mobilized to
turn in refrigerators, freezers or air conditioners or make reservations for pick-up by the
SCE vendor.
Residential Energy Efficiency Incentives: Promote available incentives at Community
Events.
California New Homes: Conduct outreach to builders through conferences and training
events.
Small Business Direct Install: Work with cities to identify areas of need and conduct
Neighborhood Sweeps to install lighting, HVAC and other measures.
Upstream Lightin:s;: CFL giveaways in public facilities.
Residential In-Home Energy Surveys — Coordinate with local agencies to distribute
Welcome Home Kits to new home owners and conduct In-home energy surveys.
Mobile Educational Unit — Utilize the Mobile Education Unit for residential community
events and distribute energy information and two CFLs per visitor.
Mobile Home Direct Install Program: Identify mobile home parks that can benefit from
the mobile home direct install program.
3
Exhibit A
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
Energy Information: Provide government, businesses and residents with information on
energy efficiency programs and services, demand response, self-generation, low income,
CEC, DOE and other energy assistance programs such as gas and water efficiency
resources. In addition, state-wide and national energy marketing campaigns will feature
in the program.
Energy Efficiency Training: Conduct energy code training and other energy efficiency
training targeted to meet the needs of the region. Training may be targeted to building
professionals, energy managers and local government facility managers in all cities in
SCE's service territory. This will be help communities transition to the new energy
codes.
Customized Offerings
Individual jurisdictions will require a different approach depending on climate zone,
customer mix, market characteristics and individual need. Cities that have shown a
stronger interest in energy efficiency and/or a proactive approach to implementing the
Governor's Executive Order S-20-04, The Green Building Action Plan, will probably
require a greater level of support. In such cases, LGEA.R will provide more support as
follows:
Enemy Audits and Technical Assistance: These services will be provided free of charge
to support local government investments in energy efficiency retrofits, renovation, new
construction and retro commissioning of municipal buildings. Technical assistance will
be provided by the relevant energy efficiency programs, for example Savings by Design,
where applicable. In addition, LGEAR will provide planning and project management
support to help with coordination and implementation of energy efficiency projects.
Bench-marking and Performance Tracking: Assist Local Governments in benchmarking
their energy use by providing energy use data for municipal buildings.
Marketing_and Outreach Materials: A menu of marketing and outreach materials and
activities will be prepared by SCE to be utilized by partners in their community outreach
efforts, for example flyers to be placed in water bills.
The full range of SCE energy efficiency programs will be available to partners including
Check Point, Savings By Design, Standard Performance Contract, Express Efficiency.
Funding from special projects will be secured from the budget available for future
partnerships.
9. Program Objectives
There is tremendous residential and commercial growth in the Inland Empire, Riverside
County, Los Angeles County and Kern County. For those cities that have a pro-active
interest in being recognized as a community that practices mindful growth with such
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Exhibit A
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
environmentally friendly programs as Green Building and ENERGY STARO rated
homes, the LGEAR is a perfect venue for SCE to develop partnerships that will assist
Jurisdictions to further establish themselves as an energy resource. LGEAR participants
may want to address energy efficiency in municipal buildings and help implement the
Governor's Energy Action Plan.
Enrollment of New LGEAR Cities: Approximately five LGEAR cities will be enrolled
in the program in 2006-2008. Cities who have participated in SCE's Local Government
Initiative Program will be targeted for enrollment.
Training: The LGEAR will schedule 12 free energy code training events, including Title
24 updates across the territory. Workshops will be spread over each SCE region to
ensure access by each Jurisdiction. .
10. Program Implementation
LGEAR will identify cities designated by SCE to be hard-to-reach cities and encourage
them to participate in the program. City managers will be targeted initially and support
will be provided to help them pilot the proposal to become a LGEAR participant through
the City Council. Cance the proposal has been adopted by the City Council, the city
manager will designate the appropriate staff, for example, community development or
facility manager, to work with SCE to identify opportunities and plan the program.
Cities are provided with energy code training and a menu of energy efficiency programs
and activities from which to select a program which they believe would best meet their
needs and DSM planning support. Energy savings activities will include torchiere
exchanges or other measures for their public housing units, refrigerator and freezer
recycling sweeps, small business hard-to-reach retro-fit sweeps, mobile home direct
installations and re-lamping programs.
Jurisdictions identifying municipal building retrofit opportunities will enter into
agreement with SCE to deliver the energy savings. Goals will be met by utilizing the
statewide and local energy efficiency rebate/incentive programs but will be funded from
the partnership fund. LGEAR will also facilitate policies, tools and incentives that will
assist Jurisdictions to meet the Governor's goal of 10% reduction of grid based purchases
by the year 2010 and 20% by 2015 by providing information on available energy
resources including self-generation, demand response and CEC and DQE programs and
services.
The plan is for LGEAR participants to generate measurable, verifiable energy savings
through identification of specific energy efficiency projects as well as promote new
construction, small business and residential and non-residential energy efficiency
programs. They will reach out to constituents through their water bills, business renewal
5
Exhibit A
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
notices, in-house displays, trash collection information and other outreach materials and
community events.
11. Customer Description
LGEAR will target cities, counties and local government organizations. All SCE
customer segments, residential and non-residential, that can be positively influenced by
local governments to harvest greater energy efficiency than would otherwise be possible
through traditional marketing and outreach efforts, will benefit from the program.
12. Customer Interface
SCE representatives will meet in person with building officials, community development
personnel and other decision makers within Jurisdictions to present the program and
solicit participation. A one-page LGEAR Registration form is completed to indicate
commitment and select programs that they may wish to utilize. Jurisdictions advancing
to energy savings partnership arrangements will negotiate a contract that will identify the
roles of each partner. Customers benefiting from the program through the funneling
efforts of the LGEAR will be subject to the customer interface feature of the respective
program. Registration for training will be done through their SCE contact.
Jurisdictions will have a single SCE contact that will coordinate all their services,
including community events and enrollment in applicable training program.
1.
13. Energy Measures and Program Activities
Measure installations/upgrades are provided through the wide array of energy efficiency
prograrns offered via LGEAR information and marketing materials. The LGEAR
program will coordinate efforts with the other energy efficiency programs that already
have the infrastructure to pay incentives/rebates.
Specific measures for each pro-ram are not listed in the workbook as many programs will
be funneled through the program. Instead, an estimate of the energy savings to be gained
from each program is provided.
13.1. Measures Information
Measure information has not been identified at this time. Measure selection will depend
on the menu of standard and customized offerings selected by the Jurisdictions.
13.2. Energy Savings and Demand Reduction Level Data
Savings for the LGEAR program will come from statewide and local programs. It is
anticipated that the program will funnel over 8 million kWh and 1.77 MW.
13.3. Non-energy Activities
Presentations, attendance at conferences, meetings, community fairs, outreach events,
marketinc, materials such as brochures and information packets, on-site visits and Title 24
6
Exhibit A
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
and other energy efficiency training classes are all non-energy related activities
associated with LGEAR. In addition, LGEAR will facilitate energy audits and basic
energy efficiency planning
13.4. Subcontractor Activities
LGEAR will coordinate with various organizations and competitively select
subcontractors help deliver the training element.
13.5. Quality Assurance and Evaluation Activities
LGEAR staff will verify that work invoiced by subcontractors have actually being
performed through appropriate documentation of all activities for which the vendor
requests payment as well as regular on-site visits to ensure that training events and
outreach activities are executed as planned. Back-up documentation will include
marketing and outreach materials, attendance register, evaluation forms and expense
reports as appropriate.
13.5.1. Expected Number/Percent of Inspections
WEAR will utilize existing energy efficiency programs, and the existing program
inspection criteria will apply as appropriate.
13.6. Marketing Activities
Jurisdictions to be targeted will be selected from SCE's list of cities and local
government organizations. Marketing is addressed through direct mail, program
literature, fact sheets, face to face meetings, customer education and outreach events, web
links and selected media advertising. Jurisdictions will be encouraged to participate in
community events, including neighborhood sweeps that target the hard to reach to create
excitement and generate interest in energy efficiency. The LGEAR will develop a menu
of support materials and tools to be used by cities, for example bill inserts and newspaper
advertisements, as well as energy efficiency recognition programs. In addition, there will
be presentations at city council meetings, builder conferences and other outreach events
as requested by the jurisdictions andlor customers.
14. Program Changes
None.
7
EXHIBIT B
REPORTING REQUIREMENTS
EXHIBIT B
to
AGREEMENT TO JOINTLY DELIVER
THE 2006-2008 LOCAL GOVERNMENT ENERGY ACTION RESERVES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
REPORTING REQUIREMENTS
1. Reporting
1.1 THE CITY OF REDLANDS (CITY) shall provide SOURTHERN
CALIFORNIA EDISON (SCE)with the requisite information, in accordance with
the Agreement, on the prior month's activities, accomplishments and
expenditures related to its respective Authorized Work obligations, for purposes
of preparing the Monthly, Quarterly and Annual Reports.
1.2 SCE shall provide the CITY in accordance with the provisions of the
Agreement, or otherwise make available to CITY on SCE's website, a copy of the
filed Monthly Report within five (5) Business Days after filing.
2. Monthly Report
2.1 Program Data—A spreadsheet table or tables listing which includes
the following 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
Commission
d. Total cumulative program operating budget which includes any mid-
course budget modifications (e.g., fund shifts)
e. Total cumulative program expenditures
f. Total program expenditures for the report month
g. Total cumulative commitments (limited to incentive commitments)
Program Impacts (cost reported cumulative-to-date (also referred to as
inception-to-date))
h. Total cumulative net kW, kWh, and Therm savings projections
i. Total cumulative achieved net kW, kWh and Therm, savings
j. Total achieved net kW, kWh and Therm savings for the report month
k. Total committed (limited to incentive commitments) net kW, kWh and
Therm savings
2.2 Program Changes/New Program Information
I'J'applicable, the 161lowing in1brmation 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 billpayers (TRC)
d. TRC Ratio
e. PAC Ratio
f Cost per kWh saved (cents/kWh) (PAC)
g. Cost per therm savings ($/therm) (PAC)
3.2 Measure List —A spreadsheet table for each program or program
element-t 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 a minimum:
a. Name of Measure or Service Rendered
b. Measure or Service Description
c. DEER Measure ID (where applicable)
d. DEER Run ID (where applicable)
e. Unit Definition
f. Unit gross kWh savings
g. Unit gross Therms savings
h. Unit gross kW demand reduction
i. Incremental Measure Cost
j, Net to Gross Ratio
k. Effective Useful Life
1. 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)
Identification of distinct programs and program elements may be determined by CPUC
staff at a later time,
2
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)
h. Commission Authorized Budget
i. Operating Budget
j, 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
Initiative, if applicable (Cumulative results)
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, kNV- h 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 activities supporting
the Green Building Initiative
f. Items b, c and e above disaggregated 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.
k. Administrative activities
1. Marketing activities
m. Direct Implementation activities
n. Implementer's assessment of program performance and program
status (is the program on target, exceeding expectations, or falling
short of expectations, etc.)
o. 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.
p. Discussion of changes in program emphasis (new program elements,
less or more emphasis on a particular delivery strategy, program
elements discontinued, measure discontinued, etc.)
q. 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.)
r. Changes to staffing and staff responsibilities, if any
s. Changes to contacts, if any
t. Changes to subcontractors and subcontractor responsibilities, if any
u. Number of customer complaints received
v. 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 — Each Utility shall provide EC a copy of
the filed Quarterly Report within five (5) Business Days after filing with the
Commission in accordance with the Agreement.
4. Annual Reports
The format and content of the annual report is expected to be developed by the
CPUC in fall 2006. EC will be required to fulfill these reporting obligations for their
program.
5. Reporting Terminology Definitions
Adopted Program Budget—The program budget as it is adopted by the
Commission. Inclusive of costs (+/-) recovered from other sources.
Operating Program Budget—The program budget as it is defined by the program
administrators for internal program budgeting and management purposes.
Inclusive of costs (+/-) 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). (1Vote: 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 311anual.)
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 2006, but prepared and delivered later than July 2006, would be July 2006.
Program Strategy—The method deployed by a program in order to obtain program
participation.
Program Element—A subsection of a program, or body of program activities
within which a single program strategy is employed. (Example: A body of program
activities employing both an upstream rebate approach and a direct install approach
is not a single program element.)
6. Measure Classification
4
Measure End-Use Classification
Each energy efficiency measure reported should be classified into one of the
following end-use categories
Residential End I.Tses
Detailed End Use Aggregated End Use
Clothes Dryer Appliances
Clothes Washer Appliances
Consumer Electronics Consumer Electronics
Cooking Cooking Appliances
Dishwasher Appliances
Other Appliance Appliances
Building Shell HVAC
Space Cooling HVAC
Space Heating HVAC
Interior Lighting Lighting
Exterior Lighting Lighting
Pool Pump Pool Pump
Freezers Refrigeration
Refrigeration Refrigeration
Water Heating Water Heating
Other (User Entered Text String
Description) Other
Nonresidential End Uses
Detailed End Use Aggregated End Use
Building Shell HVAC
Space Cooling HVAC
Space Heating HVAC
Ventilation HVAC
Daylighting Lighting
Interior Lighting Lighting
Exterior Lighting Lighting
Office Equipment Office
Compressed Air Process
Cooking Process
Food Processing Process
Motors Process
Process Cooling Process
Process Heat Process
Process Steam Process
Pumps Process
Refrigeration Refrigeration
Other (User Entered Text String
Description) Other
5
Measure Market Sector/Market Segment Classification
Where reports require market sector or market segment classification, the following
classification scheme should be used.
iffarket Sector Market Segment
Residential NA
Single Family NA
Multi Family NA
Mobile Homes NA
Nonresidential NAICS CODE (greater than 2 digit not required)
Commercial NAICS CODE (greater than 2 digit not required)
Industrial NAICS CODE (greater than 2 digit not required)
Agricultural NAICS CODE (greater than 2 digit not required)
Unknown 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 financial commitments are to be categorized as
conu-nitments. 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.
3/30/2006
Cost Categories Allowable Costs
Adininistrative Cost Category
Managerial and Clerical Labor
IOU Labor-Clerical
IOU Labor-Program Design
IOU Labor Program Development
IOU Labor-Program Planning
_IOU—Labor-Program/Project Management
—IOU—Labor-Staff Management
i IOU Labor-Staff Supervision
Subcontractor Labor-Clerical
Subcontractor Labor-Program Design
Subcontractor Labor-Program Development
Subcontractor Labor-Program Planning
Subcontractor Labor-Program/Project Management
Subcontractor Labor-Staff Management
Subcontractor Labor-Staff Supervision
Human Resource Support and Development
IOU Labor-Human Resources
IOU Labor-Staff Development and Training
I IOU Benefits-Administrative Labor
IOU Benefits-Direct Implementation Labor
IOU Benefits-Marketing(Advertising/Outreach Labor
IOU Payroll Tax-Administrative Labor
IOU Pavroll Tax-Administrative Labor
IOU Pavroll Tax-Administrative Labor
fIOU Pension-Administrative Labor
IOIJ Pension-Direct lmplexnentation Labor
IOU Pension-MarketinWAdvertising/Outreach Labor
Allowable Costs Table
The cost items lister}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
ac}niinistrator to seek approval from the CPUC.
3/30/2006
Cost Categories Allowable Costs
Subcontractor Labor-Human Resources
f Subcontractor Labor-Staff Development and Training _
Subcontractor Benefits-Administrative Labor
Subcontractor Benefits-Direct Implementation Labor
Subcontractor Benefits-Marketing/Advertising/Outreach Labor
f Subcontractor Payroll flax-Administrative Labor
Subcontractor Payroll Tax-Direct Implementation Labor
I Subcontractor Payroll Tax-Marketing/Advertising/Outreach Labor
Subcontractor Pension-Administrative Labor
j Subcontractor Pension-Direct Implementation Labor
Subcontractor Pension-Marketing/AdvertisinglOutreach Labor
Travel and Conference Fees
IOU Conference Fees
IOU Labor-Conference Attendance
j IOU Travel-Airfare i
IOU Travel-Lodging
IOU Travel-Meals !
IOU Travel-Mileage
IOU Travel-Parking
IOU Travel-Per Diem for Misc.Expenses
Subcontractor-Conference Fees
Subcontractor Labor-Conference Attendance
I Subcontractor-Travel-Airfare
Subcontractor-Travel-Lodging j
j Subcontractor-Travel-Meals
Subcontractor-Travel-Mileage
Subcontractor-Travel-Parking
1 Subcontractor-Travel-Per Diem for Misc. Expenses
Overhead(General and Administrative)-Labor and Materials
IOU Equipment Communications
IOU Equipment Computing
1OU Equipment Document Reproduction
IOU Equipment 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 Management
IOU Labor-Procurement
IOU Labor-Shop Services
IOU Labor-Transportation Services
IOU Labor-Automated Systems
� IOU Labor-Communications
i
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency
work. The costs reported should be only for costs actually expended. Any financial commitments 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.
3/30i20 06
Cost Categot-iesAllowable Costs --
IOU Labor-Information Technology
IOU Labor-Telecommunications j
Subcontractor Equipment Communications
Subcontractor Equipment Computing —
Subcontractor Equipment Document Reproduction —1
Subcontractor Equipment General Office
Subcontractor Equipment Transportation j
Subcontractor Food Service j
Subcontractor Office Supplies
Subcontractor Postage
j Subcontractor Labor-Accounting Support
ESubcontractor Labor-Accounts Payable
Subcontractor Labor-Accounts Receivable
Subcontractor Labor-Facilities Maintenance
Subcontractor Labor-Materials Management
Subcontractor Labor-Procurement
Subcontractor Labor-Shop Services
Subcontractor Labor-Administrative
Subcontractor Labor-Transportation Services
Subcontractor Labor-Automated Systems
E Subcontractor Labor-Communications
C Subcontractor Labor-Information Technology
Subcontractor Labor-Telecommunications
ilfarlrctin z cl c rci;in (}utrfxs�th Cost Category
j IOU-Advertisements t Media Promotions
IOU-Rill Inserts
IOU-Brochures
1 IOU-Door Hangers
IOU-Print Advertisements
IOU-Radia Spots
IOU-Television Spots
i IOU-Website Development
IOU Labor-Marketing
IOU Labor-Media Production
IOU Labor-Business Outreach
I IOU Labor-Customer Outreach —
IOU Labor-Customer Relations I
Subcontractor-Bill Inserts
j Subcontractor-Brochures
Subcontractor-Door Bangers
Subcontractor-Print Advertisements
Subcontractor-Radio Spots
Subcontractor-Television Spots
Subcontractor-Website Development
Subcontractor Labor-Marketing -
Subcontractor Labor-Media Production
Subcontractor Labor-Business Outreach
Subcontractor Labor Customer Outreach
o