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HomeMy WebLinkAboutHome Energy Anatytics AGREEMENT THIS AGREEMENT is made and entered into on the Oeteber 212015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Home Energy Analytics (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants,the parties hereto agree as follows. 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Home Energy Analytics will update the Town's GHG Inventories 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated October 13 2015 3 TERMS. The services and/or materials furnished under this Agreement shall commence October 20, 2015 and end December 17, 2015 unless terminated pursuant to Section 5(f) 4. COMPENSATION For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed five thousand dollars and no cents ($5,000.00) within thirty (30) days following receipt of invoice and completion/delivery of services/good as detailed in Sections 1, 2, and 3 pf this agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. Town of Los Altos Hills With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined - - - injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit occurrence limit. iii. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should agents or representatives." iv. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, it; elective and appointed officers, employees, and volunteers" as additional insureds to the general and auto liability policies. v. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills Contract 26379 Fremont Road _• 1 •, c. NON-DISCRIMINATION No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry,religion or sex of such person. d. INTEREST OF CONTRACTOR It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN In executing this Agreement, CONTRACTOR certifies that no one who has or Town of Los Altos Hills will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN No changes or variations of any kind are authorized without the written consent of the City Manager This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval 'by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. ENTIRE AGREEMENT This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below This Agreement shall become effective upon its approval and execution by TOWN In witness whereof, the parties have executed this Agreement the day and year first written above. Town of Los Altos Hills I I CONTRACT COORDINATOR and Representative for TOWN CONTRACTOR. Deborah Padovan SS City Clerk *— •9)1114 10/21/2015 Town of Los Altos Hills By 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 dpadovan@losaltoshills.ca.gov Steve Schmidt Print name,Title TOWN OF LOS ALTOS HILLS. By • 0 Carl Cahill,City Manager to Town of Los Altos Hills To Carl Cahill,Town of Los Altos Hills From Steve Schmidt, Home Energy Analytics HOME ENERGY ANALYTICS Date October 13,2015 Subject: Scope of Work for Updating the Town's GHG Inventories Project Goals 1 Support Los Altos Hills'compliance with AB-32 and broader GHG reduction efforts. 2. Support California's efforts to standardize municipal GHG emissions reporting 3. Accurately track changes in the Los Altos Hills' GHG emissions using the best tools available, enabling accurate assessments of major sustainability-related initiatives such as CCE. 4 Extend Los Altos Hills'leadership role in environmental issues by having the most accurate and up to date GHG inventories This aligns well with other areas of the town's leadership, including community waste (highest diversion rates), renewable energy(both at Town Hall and within our community), building codes(GreenPoints, etc.),water use reductions, and EV adoption Specific Tasks and Effort Estimates • Become familiar with the detailed capabilities of the new ClearPath web-based GHG inventory software. Establish methods to transfer our existing and new inventories to this format. (6 hours) • Transfer all 16 existing inventories(8 community, 8 government)to the new tool. (20 hours) • Work with Town Staff, PG&E, GreenWaste, Foothill and others to collect all necessary data for new 2013 &2014 inventories, and upload data to ClearPath. (8 hours) • Review results with ICLEI and Town Staff and make requested corrections/updates. (4 hours) • Analyze results for trends and progress toward the town's 2015 targets, and draft possible changes to our existing Climate Action Plan originally approved in 2008 and updated in 2012. Develop presentation materials to document all results. (10 hours) • At the option of the town, present results to Town Council. (2 hours) Total estimated hours:50 Rate:$100/hour Total cost:$5,000 (paid 50% upfront, 50% at completion) Deliverables: 1 Completed community and government operations GHG inventories available to Town Staff via the new web-based ClearPath tool for years 2005 through 2014(20 total Inventories). 2. Final report in the form of a presentation covering highlights of the inventories, trends and draft updates to our Climate Action Plan. 3. Schedule: If data is provided in a timely manner deliverables will be complete by March 1st, 2016 Background • This update follows past Los Altos Hills GHG inventory updates funded in 2010, 2011,2012, 2013 and 2014 • Since 2008 we have struggled to find a suitable tool for creating and maintaining our GHG inventories and goals We originally used CACP (a DOS-based desktop tool that was the standard), then gained access (via a San Mateo County program)to an expensive commercial tool from Hare (normally costing over$10k/year)that is now no longer available, then we were the sole California pilot city for another tool (GPC), and finally we've ended up doing our own custom excel spreadsheets • Now California has released a standard online tool that looks quite good and is free. But this means we will have to transfer our existing inventories (8 years each for both Community and Municipal)to this new system This will be worth it to provide consistent reporting, simplify future GHG tracking, and align us with the state's strategic plan for GHG tracking&reporting. • As of August,244 local California government and regional entities are using this new tool. Page 1 of 1 Home Energy Analytics, Inc. 13061 Byrd Lane, LAH,CA 94022 877-699-6093 LOSALTOS HILLS , y. Environmental Initiatives Committee Regular Meeting Minutes DATE. Thursday,August 13,2015 CALIFORNIA TIME. 7.00 PM LOCATION Parks &Recreation Building, 26379 Fremont Road, Los Altos Hill 1. Roll Call.The meeting was called to order at 7:30 with a quorum present.April Anair,Aileen Lee,Peter Evans,Serena Giori in attendance. 2. Approval of Minutes.Motion by Peter Evans,seconded by April Anair passed unanimously 3 CCA and Statewide Water Reduction Update.Peter Evans reported that he gave the presentation to the TC. Role of ETC going forward Peter Evans and Aileen Lee were in favor of working on CCA,LAH water and energy reduction initiatives April Anair asked to become an associate member Steve Schmidt presented for discussion a new project to align LAH with California's strategic plan for tracking and reporting GHG(please refer to the summary of Steve's presentation in Public Comments below). Motion by Peter Evans seconded by Aileen Lee to recommend the project passed unanimously. Public Comments. Steve Schmidt's proposal is to transfer LAH's existing inventories (7 years each for both Community and Municipal)to the new system at a cost to the Town of$5000 Scope of project: 1 Transfer all our existing inventories to the new tool. 2. Complete inventories for 2013 and 2014,which have not yet been funded. 3 Establish a new set of goals, actions and metrics for 2020 or 2030 (our existing goals were for 2015). Background of LAH initiatives to track and report GHG. • On January 8th 2009 our Town Council unanimously approved a set of targets for reducing GHG emissions within Los Altos Hills, as required by California's AB- 32 legislation(see history at www.LAHgreen.org) • Both the EIC and the town council agreed that a five year monitoring frequency would be"too course"to provide meaningful feedback on our actions, so we agreed to track GHG inventory changes annually If we do not track our GHG emissions and monitor the effect of our mitigation efforts, we have no way to know what emission sources to focus on,what is working, and what is not. • Our GHG reduction targets were set for 2015 The target year is now upon us, and we need to review our progress and set new targets next year • In order to accurately assess the local impact of major initiatives like CCE we need current&accurate data. • Our annual GHG inventories have provided another example of our town's desire to take leadership roles in environmental issues This aligns well with other areas where we have demonstrated leadership, including community waste(highest diversion rates),renewable energy(at Town Hall and within our community), building codes (GreenPoints enhancements), and EV infrastructure(charging network) 4. Adjournment.The meeting was adjourned at 8:20. NOTICE TO PUBLIC Any writings or documents provided to a majority of the Environmental Initiatives Committee regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at Town Hall,26379 Fremont Road,Los Altos Hills, California during normal business hours.