HomeMy WebLinkAbout- - SCE - 9/20/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: September 20, 2011 ITEM NUMBER: CC -9
I
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE CITY OF COSTA MESA AND ITS
ORANGE COUNTY CITIES ENERGY LEADER PARTNERS FOR THE
ADMINSTRATION OF AWARDED GRANT FUNDING VIA SOUTHERN
CALIFORNIA EDISON.
DATE: SEPTEMBER 12, 2011
FROM: OFFICE OF THE CEO
PRESENTATION BY: DANIEL K. BAKER, MANAGEMENT ANALYST
FOR FURTHER INFORMATION CONTACT: DANIEL K. BAKER AT (714) 754-5156
RECOMMENDATION:
1. Approve the Memorandum of Understanding (MOU) between the Cities of Costa Mesa,
Huntington Beach, Westminster, and Fountain Valley and authorize the Mayor and City
Clerk to execute the document; and
2. Authorize the CEO to execute any subsequent documents approved as to form by, -the
City Attorney necessary to advance, manage and complete the projects.
BACKGROUND:
The Cities of Costa Mesa, Huntington Beach, Westminster and Fountain Valley have been
members of the Orange County Cities Energy Leader Partnership (The Partnership) with
Southern California Edison (SCE) and Southern California Gas since 2009. This partnership
provides resources to help the cities eliminate energy waste. One of the benefits of this
partnership is eligibility for additional project funding in support of Public Utilities Commission
(PUC) policies.
In late 2010, The Partnership applied for grant funding supported by the PUC and SCE. The
grant funding was designed to conduct strategic plan activities centered on energy efficiency
and address the strategies and related local government goals found in the PUC's California
Long -Term Energy Efficiency Strategic Plan. The application submittal resulted in the
Partnership receiving roughly $1.1 million dollars to proceed with energy saving endeavors. A
stipulation of the application was that the awarded partnerships designate a lead agency for the
administration of the grant funding. The OC Partnership members recommend that the City of
Huntington Beach serve as the lead agency.
ANALYSIS:
The California Energy Efficiency Strategic Plan describes the big and bold goals for energy
efficiency in California and includes a local government chapter with five goals. The Orange
County Cities partnership has focused their efforts on the following three goals:
1. Local governments lead by example with their own facilities;
2. Local governments lead their communities with innovative programs for energy
efficiency and sustainability; and
3. Local government energy efficiency expertise becomes widespread and typical.
The funding to achieve these goals was provided by the Public Utilities Commission (PUC)
through a competitive SCE administered grant.
The partnership members responded to this solicitation proposing numerous tasks appropriate
for Orange County local governments. SCE and the cities agreed to implement three tasks
through this solicitation; 1) Establish a utility bill manager software commonly referred to as an
Enterprise Energy Management Information System (EEMIS) to organize and manage utility bill
information for government facilities, 2) Develop local government facility energy policies
appropriate for Orange County to support the elimination of energy waste and reduce operating
costs, 3) Develop the Local. Government Energy Management Services Program to make top
notch public sector energy management expertise available to more local governments.
The benefits to the partner cities for accepting and implementing these tasks are as follows:
The partner cities have over 1,000 electric accounts and several thousand natural gas,
water, waste and fuel accounts. Historically, due to the payment terms, very little
investigation can be completed prior to payment of the utility bill. The software will provide
staff quick insight into the accuracy of the billing and energy use at these various sites and
support the development of projects that reduce energy waste and measure and verify the
energy savings realized by projects.
2. The state and most agencies have policies regarding energy and resource conservation in
capital programs, operations and maintenance and occupant service levels for government
facilities. Local governments typically do not have similar policies. This task will hire a firm
to develop appropriate, stream -lined energy policies for local government facilities to be
presented to City Councils and Executives to consider for adoption. This task will support
the goal of eliminating energy waste and reducing operating costs in government facilities.
3. Not all local government can afford top notch energy management talent in-house. The
local government energy management services program presents an opportunity for the
Partnership to participate in a shared services model that would pay for staff salaries from
non -general fund revenue by sharing energy management expertise with other local
governments and agencies.
Per the grant conditions, The Partnership members agreed that the City of Huntington Beach
would be the lead agency regarding the coordination of the grant activities. Costa Mesa will
need to sign the attached MOU (Attachment 1) in order to access the grant funding. If the City
does not enter the MOU than the remaining grant dollars will be redistributed to the participating
partnership members.
ALTERNATIVES CONSIDERED:
An alternative would be to not enter into the MOU and direct staff on how to proceed.
2
FISCAL REVIEW:
The activities listed. in the MOU totaling approximately $1.1 million will be completely paid for via a
grant from Southern California Edison. Therefore, no City costs will be incurred.
LEGAL REVIEW:
The attached MOU has been reviewed by the City Attorney.
CONCLUSION:
Staff recommends that the City Council approve the attached Memorandum of Understanding,
authorize the Mayor and City Clerk to execute it and authorize the CEO to execute any
subsequent documents approved as to form by the City Attorney necessary to advance,
manage and complete the projects.
DANIEL K. BAKER
Management Analyst
A"d, X0
THOMAS R. HATCH
Chief Executive Officer
ATTACHMENTS: 1 Memorandum of Understanding
3
ATTACHMENT
MEMORANDUM OF UNDERSTANDING BY AND AMONG
PARTICIPATING ENTITIES IN THE ORANGE COUNTY CITIES
SOUTHERN CALIFORNIA EDISON ENERGY EFFICIENCY
STRATEGIC PLAN GRANT
This Memorandum of Understanding ("MOU") is made and entered into on
2011, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, and the cities of Fountain Valley,
Westminster, Costa Mesa and Irvine. The foregoing entities may sometimes be referred
to as "the Parties."
WHEREAS, the Parties jointly applied for Orange County Cities Southern
California Edison Energy Efficiency Strategic Plan Grant (OCC SCE EESPG) funding to
support the State Level Energy Policy Goals; and
The Grant required that a single city take the lead role in securing these grant
funds and contracting with Southern California Edison ("SCE"); and
The parties desire to enter into this MOU to describe the relationships between the
participating cities to achieve the goals and objectives proposed by the cities to Southern
California Edison in support of the California Efficiency Strategic Plan.
NOW, THEREFORE, the Parties do hereby agree as follows:
PURPOSE. The purpose of this Agreement is to guide the procurement,
deliverables and reimbursement activities between the Parties.
2. TERM. This MOU will become effective when any two local public
entities have (1) duly approved and executed the Agreement, and (2) delivered their first
annual membership dues to the fiscal sponsor.
3. PROPOSED ACTIVITIES AND BENEFITS. The Mission of
OCC SCE EESPG is to secure and utilize SCE grant funding to create model Orange
County -focused state-of-the-art energy policies, programs and procedures. The tasks to
be accomplished through the cooperative managing this Grant are:
A. Establish "Utility Bill Manager" software that enables cities to track and
control utility costs and energy use.
B. Develop model local government facility energy policies, adapt those
policies to participating cities and present them for adoption.
10-2696.001/63303 Page 1 of 6
ATTACHMENT
C. Engage with stakeholders throughout the process.
D. Establish a Local Government Energy Management Services Program
(LGEMSP) to provide as needed a fee for service energy management services to sister
agencies in the public sector.
4. STRUCTURE AND GOVERNANCE. For ease of formation and
administration, and to maintain flexibility, the Parties to this MOU will be an
unincorporated association of local public entities whose membership benefits and
responsibilities are governed by the terms of this MOU, including the statement of work
set forth in Appendix A and budgets set forth in Exhibit B, both of which are
incorporated by reference.
Decision-making will be made by a majority vote of the Grant
Management Governing Board, comprised of one representative from each Party to this
MOU.
Procurement of the contracted services shall be through group purchasing
with funds reserved for each local government for customization of the work products.
Invoicing for staff time and materials shall not exceed the budgeted
amounts in Appendix B, and invoices and SCE -required backup documentation will be
presented to the City of Huntington Beach for reimbursement. The City of Huntington
Beach will then receive reimbursement from SCE.
FISCAL RESPONSIBILITY. The City of Huntington Beach is the
prime contractor with SCE for the grant funds and is responsible for coordinating all
aspects of this Grant at the direction of the Grant Management Governing Board.
6. TERMINATION AND WITHDRAWAL. This MOU may be
terminated by a majority vote of the Grant Management Governing Board with or
without cause. Any Party to the MOU may withdraw from this Agreement upon thirty
(30) days written notice to the other members.
7. ASSIGNING AS BREACH. No Party shall encumber, assign or
otherwise transfer this MOU, or any right or interest in this MOU, without the express
written consent of all the other Parties. Any encumbrance, assignment or transfer,
without the prior written consent of all the other. Parties, whether it be voluntary or
10-2696.001/63303 Page 2 of 6
ATTACHMENT1
involuntary, by operation of law or otherwise, is void and shall, at the option of the other
Parties, terminate this MOU.
8. CUMULATIVE REMEDIES. The remedies given to the Parties in this
MOU shall not be exclusive, but shall be cumulative and in addition to all remedies now
or hereafter allowed by law or elsewhere provided in this MOU.
9. WAIVER OF BREACH. The waiver by any Party of any breach by any
other Party of any of the provisions of this MOU, irrespective of the length of time for
which such failure continues, shall not constitute a waiver of such breach or a waiver of
any subsequent breach by any Party either of the same or another provision of this MOU.
10. NOTICES. Any written notice, given under the terms of this MOU,
shall be either delivered personally or mailed, certified mail, postage prepaid, addressed
to the Party concerned, as follows:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
City of Irvine
1 Civic Center Plaza
Irvine, CA 92606-5207
City of Westminster
8200 Westminster Blvd.
Westminster, CA 92683
If a Party desires to change the address for notices, such Party will provide 30
days advance written notice to the other Parties of any such change.
11. ATTORNEY'S FEES. In the event suit is brought by any Party to
enforce the terms and provisions of this MOU or to secure the performance hereof, each
Party shall bear its own attorney's fees. The prevailing Party shall not be entitled to
recover its attorney's fees from the non -prevailing Party.
10-2696.001/63303 Page 3 of 6
ATTACHMENT 1
12. CONTROLLING LAW AND VENUE. The rights and liabilities of the
Parties, and the interpretation and construction of this MOU, shall be determined in
accordance with the laws of the State of California. Any controversy arising out of or
under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in
Orange County, California.
13. HOLD HARMLESS. Each Party to the Agreement shall protect,
defend, indemnify and hold harmless each other Party, its officers, officials, employees,
and Agents from and against any and all liability, loss, damage, expenses, costs
(including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with performance of this MOU or its failure to comply with any of its
obligations contained in this MOU except such loss or damages which was caused by the
sole negligence or willful misconduct of any Party.
14. NONLIABILITY OF CITY OFFICIALS, EMPLOYEES OR AGENTS.
No elected or appointed City or City affiliated Board, Commission or members thereof,
or officer, official or employee or agent of any city which is a Party to this Agreement
shall be personally liable to any other Party for any default or breach by any city which is
a Party to this MOU or for any amount which may become due or for any obligation of
any city under this MOU.
15. MOU IN WRITING. This MOU contains and embraces the entire
Agreement between the Parties hereto and neither it nor any part of it may be changed,
altered, modified, limited or extended orally or by any other Agreement between the
Parties unless such Agreement be expressed in writing, signed and approved by all other
Parties to this MOU.
16. PARTIAL INVALIDITY. Should any provision of this MOU be held
by a court of competent jurisdiction to be either invalid, void, or unenforceable, the
remaining provisions of this MOU shall remain in full force and effect unimpaired by the
holding, so long as the reasonable expectations of the Parties hereto are not materially
impaired.
17. COUNTERPARTS. This MOU may be executed in counterparts, each
of which is an original and all of which constitutes one and the same instrument.
10-2696.001/63303 Page 4 of 6
ATTACHMENT 1
18. ENTIRETY. The foregoing sets forth the entire Agreement between the
Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed by and through their authorized officers of the day, month and year first written
above.
REVIEWED AND APPROVED:
City Manager
City Manager
CITY OF HUNTINGTON BEACH
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
10-2696.001/63303 Page 5 of 6
REVIEWED AND APPROVED:
City Manager
REVIEWED AND APPROVED
City Manager
REVIEWED AND APPROVED:
City Manager
ATTACHMENT 1
CITY OF COSTA MESA
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF FOUNTAIN VALLEY
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF WESTMINSTER
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
10-2696.001/63303 Page 6 of 6