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HomeMy WebLinkAboutCM Renewable Energy; SEED MOU AmendmentCITY OF Agenda Item No: 5. b Meeting Date: March 18, 2013 Department: CITY MANAGER Prepared by: Rebecca Woodbury, Management Analyst MOT01 I I Z-�- City Manager Approval:,�J, /I,c.t& SUBJECT: RESOLUTION APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE SUSTAINABLE ENERGY AND ECONOMIC DEVELOPMENT (SEED) FUND ADMINISTERED BY STRATEGIC ENERGY INNOVATIONS (SEI), A CALIFORNIA 501C3, FOR COOPERATIVE PURCHASING OF RENEWABLE ENERGY Adopt a resolution approving and authorizing the City Manager to amend the Memorandum of Understanding (MOU) with the SEED Fund, Administered by Strategic Energy Innovations (SEI), a California 501 c3, for Cooperative Purchasing of Renewable Photovoltaic Solar Energy Systems for City facilities (see Attachment A for the Resolution and B for the amended MOU). BACKGROUND: In April 2009 the City Council adopted San Rafael's Climate Change Action Plan (CCAP), which includes Program BU5 directing the City to develop a program to achieve energy savings in existing buildings, with a goal of decreasing energy use by 20% as of the year 2020. In 2011 the City Council adopted the Sustainability Element of the City's General Plan, which includes Policy SU -4 to increase the supply of renewable energy sources, and SU -5 to reduce dependency on non-renewable energy sources. After receiving multiple solicitations from contractors and energy services companies with regard to installing photovoltaic (PV) solar energy systems on City facilities, the Sustainability Subcommittee of the Council expressed interest in pursuing solar energy opportunities such as these and directed staff to make such a project a priority in our sustainability program. On November 19, 2012, the City Council approved a resolution to execute a Memorandum of Understanding (MOU) with the Sustainable Energy and Economic Development (SEED) Fund, a public- private partnership between SEI and Optony, Inc., an independent solar consulting firm specializing in enabling successful public and private solar programs and projects. The SEED Fund is open to public agencies in Marin, Sonoma and Napa Counties. At this time, 18 other agencies throughout these counties have indicated their intention to participate and 10 have approved FOR CITY CLERK ONLY Council Meeting: [ t )-013 Disposition: k ec �Li) T' l 'Icy SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 MOUs. The project requires one of the agencies to act as a Coordinating Agency for the RFP development and release process. In February 2013, SEI and Optony, on behalf of the SEED Fund, requested that the City of San Rafael consider acting as the Coordinating Agency for the three county area (Attachment C). ANALYSIS: Staff recommends amending the existing MOU so that the City of San Rafael can serve as the Coordinating Agency. The proposed amendments to the original MOU include: • The City will act as Coordinating Agency for the project, responsible for issuing the Aggregated Solar Procurement Solicitation on behalf of itself and the Participating Agencies. Should it wish to do so, the City may withdraw from this role up to three weeks after the delivery of the feasibility study (expected April 2013). ■ The SEED Fund will provide up to $17,500 in direct funding to the City to offset City costs for additional staff time and consulting services. ■ The SEED Fund will provide up to $30,000 worth of technical assistance in RFP development, issuance of solicitation, and evaluation of bidder contracts. ■ The SEED Fund will waive reimbursement costs (estimated at 1.5% to 2% of the total installed value of the project price). Potential Coordinating Agency benefits, beyond solar procurement support in general, include faster deployment of regional renewable power driving increased economic activity, increased opportunities for community contributions towards regional clean energy goals, project risk reduction from team approach to procurement process, and increased public and governmental awareness of environmental leadership. This MOU does not bind or commit the City to a solar project(s). Instead, it sets up a relationship with the SEED Fund and creates a process for the City to combine efforts with other local jurisdictions and consider solar providers. Though the SEED Fund Team identified nine City facilities with high potential, this MOU could lead to projects at one site, multiple sites, or no sites at all. Additional Council approval would be needed before proceeding with any solar installation. FISCAL IMPACT: There is no anticipated cost to the City for amending this MOU. The SEED Fund will provide $17,500 in direct funding to the City to offset costs in staff time and consulting services. Potential future costs will be determined by City actions at that time. There is a significant amount of staff time required by the City Attorney's Office, City Manager's Office, and Public Works Department for this project. As the Coordinating Agency, staff time will include data gathering, RFP development and review, contract negotiations, and other RFP -related work. Due to the technical assistance offered by the SEED Fund, this is probably significantly less staff time than if the City attempted to enact solar procurement on its own. Should a project be selected, then a further significant amount of staff time would be dedicated to the project by Public Works, City Manager, Community Development, and City Attorney staff, with the bulk of it being in Public Works. The majority of that workload would involve design review, permitting, communications, project management, staff training, and inspections. OPTIONS: The City Council has the following options to consider on this matter'. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 1. Adopt the resolution as proposed or with modifications 2. Continue action for additional information and response to Council comments and concerns 3. Deny the proposed resolution RECOMMENDED ACTION: Adopt the resolution. ATTACHMENTS: A. Resolution B. Amended Memorandum of Understanding C. Coordinating Agency Proposal RESOLUTION NO. 13514 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE SUSTAINABLE ENERGY AND ECONOMIC DEVELOPMENT (SEED) FUND ADMINISTERED BY STRATEGIC ENERGY INNOVATIONS (SEI), A CALIFORNIA 501C3, FOR COOPERATIVE PURCHASING OF RENEWABLE ENERGY WHEREAS, the City of San Rafael adopted Resolution 13460 on November 19, 2012 approving a Memorandum of Understanding with the SEED Fund for cooperative purchasing of renewable energy; WHEREAS, the City of San Rafael has a strong existing commitment to developing solar energy and an understanding of the benefits of collaboration for their own and the region's clean energy goals; and WHEREAS, the City of San Rafael desires to facilitate faster deployment of regional renewable power in the region through support of a collaborative approach to procurement process; and WHEREAS, the City of San Rafael desires to demonstrate leadership in the community by supporting greater regional adoption of renewable power; and WHEREAS, SEED Fund desires to provide support to the City to act as Coordinating Agency for the collaborative procurement; and WHEREAS, SEED Fund has specific financial, staffing and technical resources available to the City to act as Coordinating Agency for the collaborative procurement; and NOW, THEREFORE, BE IT RESOLVED that the CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, an amended Memorandum of Understanding with the SEED Fund, administered by Strategic Energy Innovations (SEI), a California 501c3, for Cooperative Purchasing of Renewable Energy, a copy of which is hereby attached and by this reference made a part hereof. 1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 18th of March 2013, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk March 18, 2013 MIENDED MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE PURCHASING OF RENEWABLE ENERGY This Memorandum of Understanding ("MOU" or "Agreement") is effective March 18, (date) 2013 g, ("Effective Date"), by and between the City of San Rafael, a municipal corporation (referred to herein as I- City), and the SEED Fund administered by Strategic Energy Innovations (SEI) — a California 5016, (referred herein as the "SEED Fund"), referred to collectively as "Parties." Recitals WHEREAS, large volume purchases of renewable energy will more likely result in lower pricing from a multi -jurisdiction purchasing arrangement where project sites are aggregated into groups on the basis of various technical, risk and financing related factors than would otherwise be available if individual jurisdictions independently purchased renewable energy; and WHEREAS, the Parties acknowledge that the transaction costs associated with purchasing renewable energy are significantly reduced when the Parties agree to the same terms and conditions incorporated within standardized template documents; and WHEREAS, the City desires to evaluate and purchase renewable energy for its operations; and WHEREAS, the City wishes to take advantage of economies of scale and potential discounts when such purchases are made at larger volumes; and WHEREAS, the City has a strong existing commitment to developing, solar energy and an understanding of the benefits of collaboration for their own and the ' region's clean energy goals- and WHEREAS, the City desires to facilitate faster 91 deployment of regional renewable power in the region 1 through support of a collaborative approach to procurement process; and WHEREAS, the City desires to demonstrate leadership in the community by supporting greater regional adoption of renewable power; and WHEREAS, the SEED FundTM desires to provide technical evaluation services and facilitate aggregated procurement support for public agencies; and WHEREAS, the SEED Fundim provides initial funding for necessary, professional services that can facilitate development of an Aggregated Solar Procurement Solicitation, including, but not limited to consulting services, feasibility studies and procurement management services ("Professional Services,") with no obligation to the City; and WHEREAS, the SEED FundTM has no direct financial interest in any particular renewable energy products; and WHEREAS, the SEED Fund TM will pay for Professional Sen -ices provided by Optonv Inc., a California Corporation, and Strategic Energy Innovations, a California non-profit corporation ("SEF", and their sub -consultants; and WHEREAS, the City has identified potentially viable Solar Sites and desires the SEED FundTM to conduct feasibility studies of these sites for potential inclusion in an Aggregated Solar Procurement Solicitation; Solicitation; and WHEREAS, the funds expended by the SEED FundTM may be reimbursed by the City or by vendor(s) if they enter into agreements with the City to provide renewable energy; and WHEREAS, at the completion of the Solicitation process, the City will evaluate all offers and contracts in good faith for solar power purchase, financing, real estate and/or other required agreements with selected vendors in the forms prepared by the SEED FundTM; and WHEREAS, SEED FundTM desires to provide support to the City to act as Coordinating Agency for the collaborative procurement; and WHEREAS, SEED FundTM has specific financial, staffing and technical resources available to the City to act as Coordinating Agency for the collaborative procurement; NOW THEREFORE, in consideration of their mutual promises and agreements, and subject to the terms, conditions and provisions hereinafter set forth, the Parties agree as follows: SECTION 1. DEFINED TERMS A "SEED Fund" is the Sustainable Energy and Economic Development Fund, administered by Strategic Energy Innovations — a California 5016. B "Coordinating Agency" is the designated city or public agency responsible for issuing the Solicitation (as defined herein) on behalf of itself and the Participating Cities / Agencies (as defined renewable energy=. Z-� herein) for the purposes of purchasing y. I C "Participating Cities / Agencies" are all other public entities, except for the Coordinating, Agency C, 11 (as defined herein), who participate in the Solicitation to purchase renewable energy. D "Solicitation" or "Aggregated Solar Procurement Solicitation" is defined as a request for qualifications and/or a request for proposals and related actions to purchase renewable energy on behalf of the Coordinating Agency and Participating Cities / Agencies. Coordinating �, E "Vendor(s)" is defined as a company or companies who respond to the Solicitation to provide renewable energy proposals, which will categorically exclude SEED FundTM subcontractors. F "Feasibility 'Study" is defined as a technical, preliminary structural, and economic evaluation of the solar potential at a specific facility that is owned or managed by a City / Agency. SECTION 2. ROLE AND RESPONSIBILITIES OF SEED FUNDim A SEED FundTM shall coordinate With City to provide Professional Services and template documents and other services necessary, to assist the City in participating in the Solicitation to purchase renewable power. B SEED FundTM shall provide training and resources to City as needed to build understanding and support for participation in the procurement process. C SEED FundTM shall evaluate sites for feasibility of renewable li energy - sy tems including technical, s in CM, structural, and economic viability under realistic financing scenarios. Evaluation of structural feasibility shall be in the form of a preliminary feasibility review by an engineering professional. I g , D SEED FundTM shall provide professional expertise to perform reference checks, evaluation of Vendor(s), technology reviews and financing option analyses. C, E SEED FundTM shall provide assessments and recommendations to City and affiliated key staff and decision makers. F SEED FundTM shall additionally provide support to City so City can act as the Coordinating Agency for the collaborative procurement. Such support shall take the form of the following: a. Provide up to $17,500 in direct funding from the CSI Funded SEED Fund Grant to offset City costs for additional staff time and consulting services for their role as Coordinating Agency. b. Provide approximately $30,000 worth staff time for technical assistance in RFP development, issuance of the solicitation, and evaluation of bidder contracts. C. Provide the City with access to prior research, educational materials, PV system specification documents, Collaborative Procurement RFP templates, and Solar vendor evaluation resources. SECTION 3. ROLE AND RESPONSIBILITIES OF CITY A The City shall actively participate in the SEED FundTM process so as to enable a timely Solicitation for aggregated procurement in order to realize the best possible terms. B The City may withdraw from this MOU without consequence at any time up until the delivery of the feasibility studies to City's Project Director. At that time, conditions in Sections 4 and 5 apply. To withdraw from this MOU, the City shall prepare written notice pursuant to Section 8 and Section 10. The City May withdraw from the Coordinating Agency role up to 3 weeks after the delivery of the feasibility studies. Following this date the City agrees serve in this role until announcement of the vendor awards followinL, release of the Solicitation. g C Throughout the term of this Agreement, the City is responsible for satisfying its individual legal, procedural and other requirements necessary, for participation in this memorandum. D The City will take all reasonable steps to support development of an Aggregated Solar Procurement Solicitation including but not limited to, providing information necessary for the SEED FundTM to perform due diligence and feasibility studies on the City's behalf, including site surveys, site access and utility information. As Coordinating Agency the City will issue the with Solicitation th support from SEED FundTM staff and subcontractors. 2. As Coordinating Agency the City shall utilize SEED FundTM templates of transaction documents, which may include, without limitation, site evaluation forms, model project specifications, a form of purchase agreement and a form of site lease (the "Template Documents`1and coordinate with Participating Cities /I Agencies, as necessary. 3 3. As Coordinating Agency, the City, with respect to the content of the Solicitation and the terms and conditions contained within Template Documents, shall have a reasonable opportunity to review all Template Documents before they are finalized, and shall Communicate comments and questions to SEED FundTM within the allotted timeframe provided by SEED FundTM. 4. SEED FundTM staff will serve as the primary, points of contact for Vendors and necessary third parties throughout the Solicitation process, except where City needs to or desires to serve in this role. serve 5. Provided that the City determines, to its satisfaction, that the Vendors are responsible, responsive, affordable, and comply with the terms, conditions and legal and procedural requirements acceptable to the City, upon conclusion of the Solicitation process, it is anticipated that City will enter into binding agreements, substantially in the form of the Template Documents, with the selected Vendors; however the Parties agree that City shall not be required to do so. SECTION 4. SOLICITATION PROCESS In order to efficiently and effectively coordinate the collaborative procurement effort, the City as Coordinating Agency and SEED Fund will work together to develop the Solicitation and conduct necessary review with all participants. An outline of the process and the respective roles of SEED Fund, the Coordinating Agency, and other participants is included as Exhibit A. SECTION 5. SEED FUND'" GOALS AND REIMBURSEMENT A PROGRAM GOAL The goal of SEED FundTM is to provide high-value technical assistance with no up -front cost for the City, to evaluate and purchase renewable energy and/or to install renewable energy systems to help reduce utility costs, while leveraging existing federal and state rebate opportunities, and contributing to the City's environmental goals. SEED FundTM's purpose is to fund regional sustainability projects that create new economic activity while improving the regional environment. The focus is on renewable energy and energy efficiency for municipalities, schools and public agencies to help reduce costs while demonstrating leadership in clean energy locally. The SEED FundTM also provides resources and training for stakeholders to build understanding, internal capabilities and support interaction across the community. B FUNDED PROFESSIONAL SERVICES The SEED FundTM will pay for Professional Services necessan- to independently evaluate potential solar sites, provide educational resources, and issue a Solicitation for proposals from Vendors within an Aggregated Solar Procurement project. Funds used for Professional Services will be used exclusively for the implementation of the A Participating mp Aggregated Solar Procurement Solicitation between Partic' ating Cities Agencies, and SEED FundTM. Use of SEED FundTM monies is restricted to the foregoing and mai- not be used to pay for City staff time, outside contractors or independent studies, except for a stipend available to the SEED FundTM Coordinating Agency. Except as specifically otherwise provided in Section 2'C) above, services that are excluded from, SEED FundTM reimbursement include environmental revieNvs, engineering services and project commissioning. 4 C REIMBURSEMENT OF SEED FundTM If, during the Term of this Agreement, the City enters into a contract to build a renewable energy system on facilities identified in the feasibility study or enters into a power purchase agreement or other similar agreement to purchase renewable energy from any energy service provider, the City agrees that the SEED FundTM Professional Services shall be reimbursed at a rate of 1.5 to 2 % of the total installed value of the renewable energy project, in present dollars (based on the project price proposed by the winning Vendor). Regardless of whether or not the City acts as Coordinating Agency and the reimbursement is waived, SEED Fund will provide a final reimbursement percentage to the City prior to issuing, the Solicitation. This percentage will be based on total Solicitation size and other factors. If, for any reason, and in the City's sole discretion, no viable project identified through SEED FundTM is contracted by the end of the term of this agreement, or if the City withdraws from the program prior to completion of feasibility studies on City facilities, the City is not required to pay for any SEED FundTM Professional Services. City agrees that this reimbursement provision, if applicable, shall be the responsibility of the City but that it may be reimbursed through the purchase contract that is executed between City and Vendor(s). However, if the City acts as the Coordinating Agency, the City shall not be responsible for any reimbursement to SEED Fund, and any language in this section referring to reimbursement is no longer applicable. SECTION 6. TERM OF AGREEMENT The term of this Agreement shall commence on the MOU Effective Date and shall expire on the later of the second anniversary of the Effective Date, or 365 days after the completion of the Aggregqted Solar Procurement Solicitation process, as determined by SEED FundTM. SECTION 7. GOVERNING LAW AND VENUE The law, governing this Agreement shall be that of the State of California. In the event that suit shall be brought by any party to this Agreement, the Parties agree that venue shall be exclusively vested in the State court in the county where the City is located, or if federal jurisdiction is appropriate, exclusively in the appropriate United States District Court. SECTION 8. WARRANTY DISCLAIMER; LIABILITY; WAIVER A No warranty, express or implied, is provided by the SEED Fund TM, Optony, Inc. or SEI as to results or success of the Solicitation, this Agreement, or anV agreements ultimately entered into by the Citv pursuant to the Aggregated Solar Procurement Solicitation. City acknowledges, that Optonv, Inc. and SEI have not made, and are not making., anv assurances, guaranties or promises with respect to the subject matter of this Agreement and that each party Is ultimately responsible for conducting its own due diligence with respect to feasibility-, pricing, technology, third parties and all other matters in any way related to the A( subject matter of this Agreement. B In no event shall the SEED Fund TM, Optony, Inc., and SEI nor their officers, agents, employers, or representatives be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way, directly or indirectly, from this Agreement, participation in the Solicitation, or any agreement(s) between a Coordinating Agency or Participating Agency and any third party, even if advised of the possibility of such damage. C Unless otherwise provided herein, each Party is responsible for negotiation, execution, administration and enforcement of any contract with a Vendor or third party related to the subject matter of this Agreement and the agreements ultimately entered into by each party shall not be cross -defaulted or cross -collateralized in any respect with the agreements entered into by any other party to this Agreement. D No waiver by any party to this Agreement of any breach or violation of any term or condition of this Agreement shall be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or Violation of the same or any other term or condition. SECTION 9. NOTICES Notices shall be deemed effective on the date delivered if by personal service or overnight delivery service, or, if mailed, three (3) days after deposit in the U.S. Postal Service mail.. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served, delivered by overnight service, or by mail, first class, certified or registered postage prepaid and return receipt requested, addressed to the respective Parties as follows: City of San Rafael c/o Rebecca XXToodbury P.O. Box 151560 San Rafael, CA 94915 With Copies to: _ Optony, Inc. 2855 Kifer Rd., Ste. 201 Santa Clara, CA 95051 Attn: Ben Foster, Senior Vice President SECTION 10. MISCELLANEOUS PROVISIONS SEED Fund, Administered by SEI 899 Northgate Dr., Ste. 410 San Rafael, CA 94903 Attn: Kif Scheuer, Program Director A If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision,, of this Agreement shall be valid and binding on the Parties. 6 B as executed. This A n counterparts and will be binding Agreement may be executediin C All changes or extensions to this Agreement shall be in writing in the form of an amendment approved by all Parties. D This Agreement is entered into only for the benefit of the Parties executing this Agreement and not for the benefit of any other individual, entity, or person. I I E Conflict Statement and Waiver. No officer or employee of the City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. F The parties agree that time is of the essence; and failure of the City, to provide the required information in the requested format and within the deadlines established by SEED Fund TM may result in termination of that party's participation in the cooperative purchase. G This Agreement shall not be interpreted to create an association, joint venture, or partnership between the Parties nor to impose any partnership obligation or liability upon either Party. H This Agreement shall be equally and fairly interpreted for the benefit of and against all parties to this Agreement and shall further be construed and 'interpreted without reference to the identity of the party or parties preparing this document, it being expressly understood and agreed that the, parties hereto participated in the negotiation and preparation of this Agreement or have had equal opportunity to do so. Accordingly, the parties hereby waive the legal presumption that the language of the contract should be 'interpreted most strongly against the party who caused the uncertainty to exist. w SECTION 11. TERMINATION A The SEED Fund TM may, upon thirty- (30) days' written notice, terminate this Agreement without penalty or liability. B Citv may terminate this Agreement with written notice at any time up to 3 weeks after the date of delivery of the feasibility study. H7wever, the terms of m r i bursement in Section 4C will still el apply- C in the event of termination, any unexpended grant monies shall be retained in the SEED FundTM and shall not be disbursed to Citv. SECTION 12. INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party that are in any way related to this Agreement shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury= (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful I Z) I misconduct of the indemnifying party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of another party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction Agreement. dele ated to such other party under this 9 SECTION 13. NON-DISCRIMINATION Parties shall comply with all applicable Federal, State, and local laws, regulations and policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title V11 of the Civil Rights Act of 1964 as amended, Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. Parties shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political belief,-,, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Parties discriminate in provision of services provided under this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. IN WITNESS WHEREOF, the parties have executed this Agreement: Dated: 8Ae4q /9, .2ol S The SEED Fund, administered by SEI by Cyane Dandridge, Executive Director Dated: 1*"1,4i(L0 /9, v 13 The City of San Rafael by 414 11 ijAZ-6-t fA4 Nancy Mackle, City Manager Attest,,. 1, 4 bv �Cllt'41-0( Robert F. Epstein, City Attorney EXHIBIT A: SOLICITATION PROCESS OUTLINE PROJECT PHASE SEED Fund Role(s) Coordinating Agency Participating Agencies • Finalize sites for Finalize sites for Perform initial vetting of site inventory inclusion inclusion in Review & and feasibility assessments (both solicitation (All) Z Q Vetting of technical and economic) for sites that • If desired, feedback on �ASite Portfolio have passed the initial screen. (Optony) overall portfolio of UJ p projects Z • Provide feedback on Provide feedback on Group sites in a strategic manner that strategic bundling strategic bundling Strategically maximizes economies of scale benefits approach approach. 0 06 Bundle Site for all participants and all sites. Sites (Evaluation Portfolio will be bundled according to various site Committee) H U characteristics. (Optony, SEI) Q W °- a Develop Develop proposal submittal • Review requirements Provide input on °LL-, Proposal requirements based on procurement and provide input on Agency -specific Cr Evaluation best practices that will allow for a Agency -specific needs needs and � UCriteria straightforward, equivalent comparison requirements (All) F during the evaluation phase. (Optony) Draft Draft standardized RFP/Q documents • Review and approval Provide feedback on N that incorporate local requirements of of draft RFP/Q and RFP/Q documents Standardized RFP/Q individualartici ants and encourage p p g evaluation criteria (Evaluation Documents regional vendor participation and hiring. Committee) (Optony) Maintain clear & transparent lines of ' Provide input on • Provide input on Clear Vendor communication with vendors during vendor engaging with Communicat proposal development period, including communications local/regional ion incorporating input. (Optony, SEI) vendors (All) Finalize RFP, specs and documents for ' Issue RFP/Q • Provide input on Issue & release; manage questions and site documents vendor responses Manage RFP visits; respond to questions via addenda(Evaluation Z Process and collect proposals for review. 'Provide input on Committee) W W (Optony, SEI) vendor responses a Evaluate proposals in terms of • Participate in vendor • Participate in vendor Z a experience, financing, costs, benefits, and financing and financing Evaluate & etc., in order to select optimal projects evaluations evaluations Z Compare and vendors for participants. (Evaluation "' Proposals Incorporate current market trends and Committee) best practices. Determine short listed vendors for interviews. (Optony) 0 o Organize & Conduct vendor interviews, final • Participate in Participate in Conduct evaluations and initial negotiations for interviews and awards interviews and Vendor contracts, financing, and warranties awards (Evaluation Interviews with vendor(s). (Optony) committee) Thorough contract review and final ' Conduct final • Conduct final Contract negotiations with vendors}for systems negotiations for Lead negotiations for j Negotiation and financing. Submit for approval at Agency -only contract Participant Agency- & Award each agency. (Optony) only contract (All) gy, 1t," SEED FUND Proposal For San Rafael to Serve as Coordinating Agency for the SEED Fund We respectfully request that the City of San Rafael reconsider serving as Coordinating Agency in the RFP development and release process for the SEED Fund collaborative procurement project. To date, the SEED Fund program has uncovered significant potential solar PV among public agencies in Marin Sonoma and Napa Counties (over 11MW). We are excited about the impact this effort could realize for the region. However, we have not yet been able to secure a Coordinating Agency. As a result we are revisiting the topic of acting as Coordinating Agency with some of the cities that have substantial potential solar, and could act in this capacity. Overview of Role Our ideal Coordinating Agency is one of the participants who can oversee the procurement and negotiation process'from the administrative and legal perspectives. In addition, a successful Coordinating Agency combines a strong existing commitment to developing solar energy and an understanding of the benefits of collaboration for their own and the region's clean energy goals. For this project, the Coordinating Agency will interact with the participant group and other stakeholders; receive direct support from the SEED Fund team (including model documents, technical assistant and on-call support); issue the solicitation documents on behalf of all participants; and participate in the review and award process. Potential Coordinating Agency Benefits (beyond solar procurement support in general) • Faster deployment of regional renewable power driving increased economic activity • Increased opportunities for community contributions towards regional clean energy goals • Project risk reduction from team approach to procurement process • Increased public and governmental awareness of Coordinating Agency environmental leadership Specific Coordinating Agency Support from SEED Fund Our goal is for the Coordinating Agency role to represent an incremental additional effort beyond general requirements for SEED Fund participation. In support this goal, and to further reduce the burden faced by the City of San Rafael we propose to make the following resources available to the Coordinating Agency; • $17,500 in direct funding from the CSI Funded SEED Fund Grant. • Waiver of the SEED Fund reimbursement costs that have an estimated value of between $60,000 to $80,000 if all sites under consideration are developed' Approximately $30,000 worth of direct technical assistance in RFP development, issuance of the solicitation, and evaluation of bidder contracts from the SEED Fund team and other public sector experts (e.g. California Solar Initiative, PG&E, OPR) Access to prior research, educational materials, PV system specification documents, Collaborative Procurement RFP templates, and Solar vendor evaluation resources 1 Estimate is based on system costs of $4/watt and approximately 1MW identified in sites under consideration. The final value of reimbursement waiver will depend on 1) what sites San Rafael decides to develop through SEED Fund, actual system costs for installed systems, and the final participant reimbursement percentage (between 1.5- 2%) for the SEED Fund project as a whole. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL F( INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CO ORDINANCE OR RESOLUTION BEFORE APPR6—VAl t5 y SRRA / SRCC AGENDA ITEM NO. 5. b DATE OF MEETING: 03/18/2013 FROM: Rebecca Woodbury DEPARTMENT: City Manager's Office DATE: 3/11/2013 TITLE OF DOCUMENT: RESOLUTION APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE SEED FUND ADMINISTERED BY STRATEGIC ENERGY INNOVATIONS (SEI), A CALIFORNIA 501C3, FOR COOPERATIVE PURCHASING OF RENEWABLE ENERGY (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) APPROVED AS TO FORM: City Attorney (signature) PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion De artment Date I City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council if Council approval, approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager i Mayor or Agreement executed by Council authorized Department Head official. (let -31 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the I contracting department. To be completed by Contracting Department: Project Manager: tA!,L/Y D, Project Name: d_ nJ Agendized for City Council Meeting of (if necessary): 3 If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.