HomeMy WebLinkAboutStaff Report 14543
City of Palo Alto (ID # 14543)
City Council Staff Report
Meeting Date: 12/5/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of a Professional Services Agreement With CLEAResult, Inc.,
for Residential Energy Efficiency and Electrification Advising, Rebate
Processing and Optional Heat Pump Water Heater Pilot Program
Administration for a Total Not-to-Exceed Amount of $2,940,400 for a 4-Year
Term Through December 2026
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to
execute a professional services agreement C23186588 (Linked Document) with CLEAResult
Consulting, Inc (CLEAResult) for:
1) free energy and water efficiency phone advising and home efficiency assessment
services for residential customers (the Home Efficiency Genie program),
2) residential rebate processing and support services, and
3) the option to provide turnkey installation services in support of the Advanced Heat
Pump Water Heater Pilot Program.
The total not-to-exceed (NTE) amount for the contract covering these services is $2,940,400
over a 4-year term through December 4, 2026.
Executive Summary
The Home Efficiency Genie (HEG) program is an existing, highly-rated Utilities program offering
efficiency and electrification advising and home assessment services to residential customers.
Staff recommends continuing the services offered by the HEG program because customers
know, like and trust the program. The program supports the City’s Sustainability and Climate
Action Plan (S/CAP) goals by providing Home Electrification Readiness Assessments to
residents. Staff also intends to expand the HEG program to provide customer intake for the
Advanced Heat Pump Water Heater (HPWH) Pilot Program.1 CLEAResult currently provides HEG
program services. Their contract ends December 31, 2022. On June 24, 2021, staff issued RFP
#181953 for services provided under the HEG program and other services, including
administrative support for the City’s rebate programs. The City received seven proposals that
1 Approved October 3, 2022 after continuation from September 27, 2022. See Staff Report 14606.
City of Palo Alto Page 2
addressed one or more of those services. Staff selected CLEAResult based on its experience, its
network of local trade allies (contractors), and its experience as the administrator for the
rebate platform of the Bay Area Regional Energy Network (BayREN), an efficiency resource for
nine San Francisco Bay Area counties. The contract that is the subject of this staff report covers
HEG program services, rebate processing and support services, and it also gives the City the
flexibility to call upon CLEAResult to provide turnkey HPWH installation services if issues arise
with the primary turnkey installation vendor or if additional contractors are needed to keep up
with the pace of Advanced HPWH Pilot program adoption.
Background
Home Efficiency Genie – Valued Program
The City of Palo Alto’s Home Efficiency Genie (HEG) program, administered by CLEAResult since
2015, is a well-established trusted advisor in the community, offering phone advising and home
assessment services to help residents with home efficiency and electrification improvements.
Residents can call “the Genie” for free phone advice to learn how to lower their utility bills and
improve the comfort and safety of their homes. The HEG program offers residents
City-subsidized home assessments, available either in-home or virtually, to identify efficiency
and electrification opportunities. All home assessments include a Home Electrification
Readiness Assessment, or HERA, which helps residents determine if their old gas appliances and
equipment are ready to be replaced and if their electric panel can support new, efficient
electric equipment alternatives. Customers who receive home assessments can also receive
post-assessment advising, including reviewing HERA or home efficiency reports, offering a list of
vetted contractors, assisting with evaluating contractor bids and providing general project
guidance. Follow-ups with customers indicate that 40% of home assessment participants
complete efficiency or electrification projects.
The HEG program is highly valued by participants, as demonstrated by responses to its
customer satisfaction surveys. The results of 96 surveys collected from program participants
show an average rating of 9.1 when customers are asked the question, “How likely are you to
refer us to a friend or colleague?” where 0 is not at all likely and 10 is extremely likely. This
question is known as a “Net Promoter Score” question, and responses can be used to calculate
a Net Promoter Score (NPS) value. The NPS value is calculated by subtracting the percentage of
“Detractors” (those scoring from 0 to 6) from the percentage of “Promoters” (those scoring 9 or
10). NPS values can range from -100 to 100, and the creators of the NPS rating system (Bain &
Company) suggest that any score above 0 is good, above 20 is favorable, above 50 is excellent,
and above 80 is world class.2 The responses from HEG survey results translate to an NPS value
of 78. As further evidence of the program’s value, a 2018 RKS survey of City of Palo Alto Utilities
(CPAU) customers showed that HEG customers had a higher overall satisfaction with CPAU than
non-HEG customers (Staff Report #10596, Appendix D).
2Description of Net Promoter Score by Qualtrics, provider of customer experience tools.
City of Palo Alto Page 3
On October 3, 2022 (after continuation from September 27, 2022), Council approved an
Advanced HPWH Pilot program, featuring turnkey (start-to-finish) installation by a City-provided
contractor, as well as a low up-front cost and an option for on-bill financing (Staff Report
14606). The program has a goal of installing 1000 heat pump water heaters within one year. On
October 3, 2022 Council also approved a contract with a third-party vendor (Synergy Company)
to provide turnkey HPWH installation services (Staff Report #14542).3 While the Synergy
contract provides installation services, the program also requires customer intake services,
which Synergy is not providing. These customer intake services include speaking with individual
residents to determine their eligibility for the program, helping residents apply for site
assessments, performing a friendly hand-off to the turnkey installer, and tracking data for both
customers who participate in the program and those who do not. As a trusted advisor, the HEG
program administrator is well positioned to provide these customer intake services.
Discussion
The City’s contract with CLEAResult as a provider of HEG program services has a term end date
of December 31, 2022 and in early 2021 staff drafted a Request for Proposals (RFP) to provide
these and other residential efficiency and electrification services. Council’s strong support of
climate action activities at the April 19, 2021 City Council meeting reinforced staff’s inclusion of
elements such as turnkey installation of home efficiency and electrification services in the RFP.
In addition, while internal staff currently process all residential customer rebates, rebate
administration services were also included as part of the RFP to support possible expansion of
rebates to a broader range of home efficiency and electrification measures.
Solicitation Process
On June 24, 2021 staff issued the RFP noted above and described in Staff Report #14542. Staff
selected CLEAResult to provide phone advising and rebate administration services based on
their team’s extensive experience providing home efficiency and electrification advisory
services as well as their network of local trade allies, which they could tap for recommending
contractors to residents. In addition, staff selected CLEAResult based on its experience as the
administrator for the rebate platform of the Bay Area Regional Energy Network (BayREN), an
efficiency resource for nine Bay Area counties. Vendors selected as part of the competitive RFP
process received intent to award letters in November 2021, but contract negotiations did not
begin in earnest until June 2022, after the stakeholder engagement process led by the Council
Ad Hoc S/CAP Committee narrowed the near-term priorities for S/CAP implementation.
Table 1: Information related to City-issued request for proposals (RFP) #181953
for residential program services.
3 City of Palo Alto City Council Action Minutes October 3, 2022
City of Palo Alto Page 4
PROPOSAL DESCRIPTION/
NUMBER
IMPLEMENTATION OF 3RD PARTY ENERGY AND WATER
EFFICIENCY AND ELECTRIFICATION PROGRAMS FOR
RESIDENTIAL, LOW-INCOME, AND MULTIFAMILY
CUSTOMERS / RFP #181953
Proposed Program Length 36 months, with two possible 12-month extensions
Number of Notices Sent to Vendors via
City’s Procurement System (Planetbids) 1,733
Number of Packages Downloaded by
Vendors 25
Total Days to Respond to RFP 34
Number of Proposals Received for
Category 1 7
The following categories of programs and services are included in this CLEAResult contract
scope:
A. Home Efficiency Genie Program
B. Residential rebate services
C. Turnkey Installation Program
Task A: Home Efficiency Genie Program
Administering the Home Efficiency Genie program involves providing energy and water advising
and home assessment services.
Energy and water advising
Phone advising is a key component of the current HEG program, providing free guidance to
customers with questions about how to reduce their greenhouse gas (GHG) emissions, lower
their utility bills, or proceed with energy efficiency and building electrification projects. This
contract adds advising specifically targeted to help low-income customers, helping increase
their awareness of programs for income-qualified customers and assisting them with program
application processes.
In addition to providing support for income-qualified customers, phone advising services are
being expanded to include specific support for the Advanced HPWH Pilot program. The call to
action for customers interested in participating in the program will be to “Call the Genie,” and
the Genie will serve the important role as a trusted advisor and first point of contact, speaking
with residents to determine their eligibility, helping them apply for site assessments,
performing a friendly hand-off to the turnkey installer, and tracking data for both customers
who participate in the program and those who do not. The Genie will also help customers
determine whether they are eligible for financing programs, including on-bill financing that is
part of the Advanced HPWH Pilot program, and the Genie will educate customers on financing
terms and conditions.
City of Palo Alto Page 5
The consultant will be compensated for energy and water advising services based on hourly
rates included in Exhibit C (“Compensation”) of the contract, up to a not to exceed amount of
$250,000 annually. The $250,000 annual budget for energy and water advising services
accounts for the addition of case management services plus an expected increase in general
inquiries as the City steps up its outreach efforts on sustainability. The budget also covers
maintenance of a network of trade allies, a service designed to provide customers with
qualified and vetted contractors. A separate advising budget also based on the hourly rates in
Exhibit C, not to exceed $270,000 spanning the entire term of the contract, is allocated
specifically for the Advanced HPWH Pilot program. This budget applies to customer intake
services, assuming roughly 2 to 3 hours per customer for 1000 HPWH customers, including time
spent supporting the program’s data management activities.
Home efficiency and electrification assessments
The HEG program offers three types of home assessments: 1) Virtual; 2) In-Home; and 3)
Advanced In-Home. Virtual and In-Home Assessments give customers an initial idea of
efficiency improvement opportunities, types of electric equipment they could consider (e.g.,
HPWH, heat pump space heating, electric vehicle charging, etc.), and projects they could
complete without an electric panel upgrade. Advanced In-Home Assessments build upon Virtual
and In-Home Assessments, adding diagnostic tests that provide customers with more robust
efficiency and building electrification recommendations. This added information is helpful for
customers who want to understand their home’s existing performance and how that
performance would improve with the implementation of building envelope improvement
projects. Advanced In-Home Assessment reports also include sizing of space heating, ventilation
and air conditioning (HVAC) equipment with and without building envelope improvements. This
information helps customers right-size HVAC equipment, potentially saving them money and
improving comfort. Understanding the existing and potential power needs for residential space
heating and cooling is also useful for staff planning the City’s electric distribution system
upgrades.
All three types of home assessments would provide customers and the City with an inventory of
customers’ existing gas equipment, electric equipment load and electric panel size. Data
provided to the City could be combined with the City’s Graphical Information System (GIS)
platform and used along with maps of the electric distribution system capacity to identify areas
for targeted marketing of ongoing electrification and energy efficiency programs. Perhaps more
importantly, though, the information provided by home assessments offered as part of this
CLEAResult contract serves an important role in bridging the gap between electrifying 1000
water heaters through the Advanced HPWH Pilot program and fully electrifying all the roughly
15,000 single-family homes in Palo Alto. Each home is unique, and each will need a plan for
electrification laying out which equipment choices make the most sense for that specific home
and its residents. Virtual and In-Home Assessments provide a starting point for building such a
plan, and Advanced In-Home Assessments can provide a complete picture of equipment
needed to fully electrify the home.
City of Palo Alto Page 6
The budget for home assessment services assumes roughly 20 assessments per month, split
among the three types of assessments. One goal is to accommodate potential block-by-block
electrification as grid modernization progresses. Oftentimes eight homes share a single 25kVA
transformer; thus, the City may choose to offer Advanced In-Home Assessments to groups of
eight homes over a short time period.
Task B: Residential Rebates
Incentives for home efficiency and electrification measures bring multiple benefits, including
the following:
• They can be a focal point for raising awareness of the City’s sustainability goals
• They support early adopters of building electrification and home efficiency
• They can serve as a “staging ground” for a possible next turnkey installation offering, if
turnkey installation is found to be viable through the Advanced HPWH Pilot program
• Building envelope rebates help tell the story of being grid friendly and enable customers
to save money and right-size space heating and cooling equipment
Residential Rebate Program Services included as part of this CLEAResult contract support the
City’s residential rebate program through three primary categories of work:
1. Development of a rebate measure list
2. Support for residential rebate program, e.g., rebate processing
3. Development of a Rebate Administration Platform
Development of a rebate measure list
In recent years, the number of residential rebates offered has been reduced significantly
because cost-effective rebate levels, particularly for gas-reducing measures, dropped
precipitously with the price of natural gas.4 Staff is planning to revise the methodology for
determining rebate levels – basing the selection of rebates on cost effectiveness of avoiding
emissions – and to increase the suite of rebates offered. Through this CLEAResult contract, the
City can call upon CLEAResult to provide energy and emissions savings values for a list of home
efficiency and electrification rebate measures provided by staff. Staff can then use the savings
information to develop a new list of customer rebates.
Support for residential rebate program
Currently, internal staff process residential rebates, except for those for water measures, which
are processed through the City’s partnership with Valley Water (Staff Report #14384). Staff can
process up to 20 rebates per month internally with existing resources. Above that level,
external resources may be needed, and these services are included as part of this contract. This
4 Cost effective rebates are rebates that cost the utility less than the cost of purchasing the amount of energy
saved by the rebate measure. A challenge of providing cost-effective rebates for home efficiency measures (e.g.,
attic insulation) in recent years has been the low cost of gas, combined with the relatively small amount of
achievable energy savings because of Palo Alto’s mild climate. Staff is examining evaluating all rebates in terms of
the cost per metric ton of GHG emissions avoided as an alternate cost effectiveness test.
City of Palo Alto Page 7
contract gives the City the option to call upon CLEAResult staff to review and approve rebate
applications and process the applications using the Energy Efficiency Collaboration Platform
(EECP) that the City is currently using to manage its rebate program data.
Development of a Rebate Administration Platform
If the City determines for any reason that it wishes to discontinue use of the database platform
it is currently using to manage residential rebate program data, CLEAResult can be called upon
at the City’s discretion through services described in this contract to develop a Rebate
Administration Platform similar to the rebate platform that CLEAResult developed for BayREN.
Additional Services
Budget for Additional Services is included to account for possible higher-than-expected demand
for phone advising or home assessment services.
Task C: Turnkey Installation Program
The Advanced HPWH Pilot program (described in detail in Staff Report #14606) is a key first
step in advancing the City towards meeting its climate action goals. This contract gives the City
the flexibility to call upon CLEAResult to provide turnkey installation services as a backup for the
primary turnkey installation vendor or if additional contractors are needed to keep up with the
pace of Advanced HPWH Pilot program adoption. Staff selected CLEAResult to provide these
optional services because CLEAResult has a California Contractors State License Board (CSLB)
general contractor's license allowing them to manage a broad range of sub-contractors, and
they have extensive familiarity with local electrification contractors through their oversight and
management of over 150 contractors in the BayREN regional program.
The $500,000 designated in this contract towards providing optional turnkey installation
services in support of the Advanced HPWH Pilot program are not in addition to the budget for
turnkey installation services included in the recently approved contract with Synergy Company
for providing these services (Staff Report #14542). Both use the same budget sources, which
are described in Staff Report #14606 and are meant to fund 1000 heat pump water heater
installations, regardless of which contractor does the installation. The $500,000 contract limit
proposed for the CLEAResult contract would enable CLEAResult to install about 20 HPWHs per
month for roughly two to three months in the event the City needed to call on them to do
installations. This $500,000 would allow enough money for CLEAResult to temporarily do
installations while a contract amendment to add funds to the contract is completed in the
event turnkey installation is shifted to CLEAResult.
Resource Impact
The contract limits for the various tasks are shown in Table 2 below:
Table 2: Total Compensation Not to Exceed (NTE) Amounts
Task Subtasks Year 1
NTE
Year 2
NTE
Year 3
NTE
Year 4
NTE
Total
NTE
City of Palo Alto Page 8
Task A:
Home
Efficiency
Genie
Program
Energy and Water
Advising Services,
Marketing, and
Trade Ally
Management a
$250,000 $250,000 $250,000
$250,000
$1,000,000
Advanced Heat
Pump Water
Heater Pilot
Advising Services b
$270,000 $270,000
Home Efficiency
and Electrification
Assessments b
$160,000 $160,000 $160,000 $160,000 $640,000
Task B:
Residential
Rebate
Program
Services
Residential Rebate
Eligible Measure
List c
$7,500 $7,500
Residential Rebate
Program Support a $50,000 $50,000 $50,000 $50,000 $200,000
Rebate
Administration
Platform
Development c
$75,700 $75,700
Residential Rebate
Administration
Platform Technical
Services d
$11,800 $11,800 $11,800 $11,800 $47,200
Task C:
Turnkey Installation Program e $500,000 $500,000
Total Task A-C NTE $2,740,400
Additional Services f $50,000 $50,000 $50,000 $50,000 $200,000
Maximum Total NTE $2,940,400
a Consultant is compensated for advising services, Trade Ally management, and residential rebate program support based on
hourly rates provided in Exhibit C, “Compensation,” of the contract.
b Consultant is compensated for Home Assessments on a per-completed-assessment basis and according to pricing provided in
Exhibit C, “Compensation,” of the contract.
c This is a fixed-cost item for work that will commence at City’s discretion, where the cost may not exceed that listed in Table C-
1, Exhibit C, “Compensation,” of the contract.
d This is an annual fee, for work that will commence at City’s discretion.
e Consultant is compensated for turnkey installation services on a per-unit-installed basis, where the work included is described
in Table C-4 of Exhibit C, “Compensation,” of the contract. Work related to this task will commence at City’s discretion.
f Additional Services is to cover higher-than-expected demand for advising and home assessment services.
Spending authority to cover the first year of Tasks A, B and additional services of the CLEAResult
City of Palo Alto Page 9
agreement (HEG program and residential rebate services), which is $875,000 if all one-time
expenses are incurred in Year 1, is available in the FY 2023 Adopted Operating Budget of the
Electric, Gas and Water Funds. Funding will come from five sources: Electric Public Benefits5,
Gas and Water Efficiency funds6, Electric Cap and Trade funds7, and the Electrification Loan
Reserve funds approved on October 3, 2022 (Staff Report #14606). Table 3 shows funding from
each revenue source for FY 2023.
Table 3: Funding Sources for Year 1 Contract Budget, Tasks A, B and Additional Services
FY 2023 Funding Source Year 1 NTE
Electric Public Benefits $385,000
Gas Efficiency $110,000
Water Efficiency $30,000
Electric Cap & Trade $80,000
Electrification Loan Reserve $270,000
Total $875,000
Spending authority to cover Task C of this contract, turnkey installation for the Advanced Heat
Pump Water Heater Pilot, was approved on October 3, 2022 (Staff Report #14606, Section 3,
Resource Impact Section, and Attachment B Sections 5-8). Funding for future years is
contingent upon Council’s approval through the annual budget process.
Policy Implications
The proposed contract supports the Council-approved Sustainability Plan, the Council-approved
Ten-year Energy Efficiency Targets, Comprehensive Plan Goals N4.2.1 (educate customers on
efficient water use), N7.4.2 (implement cost effective energy efficiency programs for all
customers) and N7.7.2 (explore the transition of existing buildings from gas to electric or solar
water and space heating). The contract also furthers the Utilities Strategic Plan Collaboration
priority (Strategy 1, increasing communication and engagement with the community.
Stakeholder Engagement
The City issued the Request for Proposal (RFP) on June 24, 2021, for third-party energy and
water efficiency and electrification program services for residential customers. Proposal
submission deadline was on July 28, 2021. Stakeholder engagement for the Advanced Heat
5 Electric Public Benefit funds are collected via a state-mandated (Public Utilities Code section 385) public benefit
surcharge with revenues required to fund any of these four program areas: (i) cost effective energy efficiency and
energy conservation programs; (ii) renewable energy resources and technologies; (iii) electricity-related research,
development, and demonstration projects; and (iv) low-income customer assistance.
6 An average of 1% of natural gas and water utility funds are used for gas and water public benefit and
conservation programs.
7 Electric Cap and Trade funds are auction proceeds resulting from the sale of free allowances allocated to the City
under the State's Cap and Trade Program and must be spent on greenhouse gas emissions reducing activities like
building electrification.
City of Palo Alto Page 10
Pump Water Heater Program is discussed in the Stakeholder Engagement section of the
September 27, 2022 study session staff report (Staff Report #14606)
Environmental Review
Approval of the attached agreement does not meet the definition of a project under the
California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code
Section 21065, because it is not an activity that will cause a direct physical change in the
environment. In the alternative, Council’s approval of this agreement is exempt from review
under CEQA Guidelines Section 15302, as replacement of existing facilities, and Section 15308,
as an action taken for the protection of the environment.
Attachments:
• Attachment A: C23186588 Contract
Professional Services Rev. Dec.15, 2020 Page 1 of 62
CITY OF PALO ALTO CONTRACT NO. C23186588 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND CLEARESULT CONSULTING INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 5th day of December, 2022 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and CLEARESULT CONSULTING, INC., a Texas
Corporation, located at 6504 BridgePoint Parkway, Suite 425, Austin, TX 78730. (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference: RECITALS A. CITY intends to award a contract for (the “Project”) and desires to engage the consultant to provide residential CPAU natural gas, electric, and water customers with building
electrification (BE) (defined as the replacement of natural gas equipment for space heating, water
heating, cooking and clothes drying with efficient electric alternatives), energy efficiency (EE) and/or water efficiency (WE) programs and services, to promote voluntary adoption of EE, WE, and BE upgrade projects in the residential sector (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 4, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 2 of 62
OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Two Million Seven Hundred Forty Thousand Four Hundred Dollars ($2,740,400.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-
to-exceed compensation amount of Two Hundred Thousand Dollars ($200,000) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Two Million Nine Hundred Forty Thousand Four
Hundred Dollars ($2,940,400.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional
Services up to the maximum amount of compensation set forth for Additional Services in
this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK
ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation to
CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 3 of 62
authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 4 of 62
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY
agrees that subcontractors may be used to complete the Services. The subcontractors authorized
by CITY to perform work on this Project are: CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Alex Scott,
180 Grand Ave Suite 850, Oakland, CA 94612, Telephone: 504-717-9171, Email:
Alex.Scott@clearesult.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 5 of 62
substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT
personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative,
or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY’s Project Manager is Scott Mellberg, Utilities Department, Resource Management Division,
250 Hamilton Ave., Palo Alto, CA, 94301 Telephone: (650) 329-2659, Email:
Scott.Mellberg@CityofPaloAlto.org . CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 6 of 62
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 7 of 62
such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 8 of 62
CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and,
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 9 of 62
third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports,
and public education materials, shall be double-sided and printed on a minimum of 30% or greater
post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended
Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. Portions of the Project performed at multifamily properties are subject to prevailing wages and related requirements as “public works” under California Labor Code Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages for rehabilitation and installation work performed at multifamily and any other non-exempt properties, as defined in California Labor Code Section 1773.1 and
Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended
from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 10 of 62
the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT
shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the
adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including
but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et
seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified
payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 11 of 62
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 12 of 62
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: INFORMATION PRIVACY POLICY
EXHIBIT G: CYBERSECURITY TERMS AND CONDITIONS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 13 of 62
CONTRACT No. C23186588 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM: __________________________ City Attorney or designee
CLEARESULT CONSULTING INC. Officer 1
By:__________________________________ Name:_______________________________
Title:________________________________
Officer 2
By:__________________________________
Name:_______________________________ Title:________________________________
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
SVP West
Kecia Davison
Chet Kwasnisk
CFO
Professional Services Rev. Dec.15, 2020 Page 14 of 62
EXHIBIT “A” SCOPE OF SERVICES The City of Palo Alto (“CITY”) has adopted an aggressive greenhouse gas (“GHG”) emissions
reduction goal of reducing emissions to 80% below 1990 levels by 2030. To meet its sustainability
goals, the City is encouraging residential City of Palo Alto Utilities (“CPAU”) customers and building owners to pursue cost-effective efficiency savings and building electrification to reduce the use of natural gas.
The City seeks to provide residential CPAU natural gas, electric, and water customers with
building electrification (BE) (defined as the replacement of natural gas equipment for space heating, water heating, cooking and clothes drying with efficient electric alternatives), energy efficiency (EE) and/or water efficiency (WE) programs and services. A goal of these programs and services is to promote voluntary adoption of EE, WE, and BE upgrade projects in the
residential sector through incentives, advising, technical assistance, planning tools, and other
innovative means. CONSULTANT will leverage its residential demand side management program implementation expertise and experience to deliver the following programs and services to
residential customers within the City of Palo Alto:
I. The Home Efficiency Genie Program II. Residential Rebate Services
III. Turnkey Installation Program I. OVERVIEW OF HOME EFFICIENCY GENIE PROGRAM
The Home Efficiency Genie Program (“HEG Program”) is an EE, WE, and BE assessment and
advising program for single-family and multifamily CPAU customers, including renters. Consultant will provide HEG Program technical assistance via three program elements: 1) Energy and Water Advising;
2) Home Efficiency and Electrification Assessments (“Home Assessments”);
3) Contractor or Trade Ally Management.
Consultant will serve 4 categories of residential customers through the HEG Program:
1) General Inquiry Customers: customers that have not completed a Home Assessment.
2) Home Assessment Customers: customers that are enrolled to complete a Home Assessment and have executed a Home Assessment Agreement; 3) Case Management Customers: customers that meet the income criteria defined by the CITY’s Rate Assistance Program (“RAP”) or other applicable criteria to participate in
CITY, State, or Federal assistance programs;
4) Advanced Heat Pump Water Heater Pilot (“AHPWHP”) Program Customers: customers that have expressed interest in replacing their gas water heater with an electric heat pump water heater (“HPWH”), or customers participating in the City’s AHPWHP Program.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 15 of 62
A. Energy and Water Advising CONSULTANT will provide phone and email-based advising and EE, WE, and BE project support to residential customers. Energy and Water Advising will be an entry point to enroll customers in Home Assessments and CITY’s residential sustainability and electrification
programs, with the ultimate goal of reducing residents’ building and transportation emissions.
CONSULTANT may also provide supporting services to optimize the HEG program.
B. Home Assessments
CONSULTANT will offer and provide Home Assessment Customers with 3 types of Home Assessments: Virtual, In-Home, and Advanced In-Home, as described in Table A-1. During In-Home and Advanced In-Home Assessments, CONSULTANT will provide CITY customers with an Energy and Water Efficiency Toolkit (“Efficiency Toolkit”), which may include items such as
faucet aerators, high-efficiency showerheads, smart power strips, and LED lightbulbs. After the
Home Assessment, CONSULTANT will provide customers with a Home Assessment Report, which documents the Home Assessment findings. With Virtual and In-Home Assessments, CONSULTANT will offer customers an analysis of EE
improvement opportunities and of whether they would need an electric panel upgrade as part of
installing various BE projects. The Virtual and In-Home Assessments would also provide customers and CITY with an inventory of customers’ existing gas equipment, electric panel size, and existing electric equipment load.
The Advanced In-Home Assessment builds upon Virtual and In-Home Assessments.
CONSULTANT will perform diagnostic tests with the Advanced In-Home Assessment to provide customers with more targeted EE and BE recommendations, include sizing of space heating and cooling equipment with and without EE improvements.
Table A-1 – Overview of Home Assessments
Virtual In-Home Advanced In-Home
Description The Virtual Home Assessment uses an interactive smart phone
platform that allows CONSULTANT to visit the home virtually.
The In-Home Home Assessment includes an in-person visit by
CONSULTANT to the customer’s home.
The Advanced In-Home Home Assessment provides the same
services as the In-Home Assessment with additional features. Services Provided • Review conditions of the home
• Review comfort and
energy use concerns
• Document existing equipment and opportunities for equipment upgrades
• Review Home Assessment Report
• Includes all services provided in Virtual Assessment
• Includes firsthand and comprehensive review of existing equipment
• Includes Efficiency Toolkit
• Includes all services provided in In-Home Assessment
• Includes diagnostic
testing including blower door test, duct system pressure test, and infrared camera
scans where
applicable
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 16 of 62
Key Differentiators • No Efficiency
Toolkit
• Because the assessment is performed virtually,
comprehensive
equipment data may not be available
• Offers one-on-one
engagement with homeowner as CONSULTANT performs Assessment
• Offers diagnostic
testing services to inform equipment sizing and design
C. Contractor or Trade Ally Management CONSULTANT will vet and enroll qualified general contractors (each, a “Trade Ally”) to participate in the HEG Program to install EE, WE, and BE projects recommended through the
HEG Program. CONSULTANT will recruit and train Trade Allies as described in Task 5 below
to be included on a list to be provided to customers. D. Home Efficiency Genie Program Targets
CONSULTANT’s targets for the term of the HEG Program are provided in Table A-2. The
parties will review the targets regularly to determine whether the HEG Program is on target or
whether the HEG Program design or goals require adjustment.
Table A-2. Home Efficiency Genie Program Targets
The “Net Promoter Score (NPS)” is calculated based on an industry-recognized customer satisfaction question. CONSULTANT will email all HEG Program participants a Customer Feedback Form (Task A.7) that will include an NPS question to measure customer satisfaction
with the HEG Program. CONSULTANT will provide survey data to enable the CITY to analyze
the four HEG Program customer categories so that the quality of services for specific customer categories can be measured. The target NPS value shown in Table A-1 applies for services in all 4 customer categories.
The “Project Conversion Rate” is the total number of EE, WE, or BE projects completed by
Home Assessment Customers divided by the number of completed Home Assessments. During an In-Home or Advanced In-Home Assessment, CONSULTANT may install some or all of the items that are part of the Efficiency Toolkit at the residence. The energy and water savings
associated with installation of items in the Efficiency Toolkit are not required and not a part of
the HEG Program targets; however, CONSULTANT will report these savings as noted in Task A.1.5. E. Staffing Plan
Term Year 1 Year 2 Year 3
Net Promoter Score (NPS) 70 70 70
Project Conversion Rate 40% 45% 45%
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 17 of 62
CONSULTANT agrees to staff the HEG Program in accordance with the Staffing Plan set forth below in Table A-3. CONSULTANT shall notify the CITY concerning proposed changes to the Staffing Plan; all such changes require prior written consent via email of the CITY.
CITY may (i) request CONSULTANT conduct criminal background checks to CITY’s satisfaction
on all CONSULTANT’s staff, contractors or agents that may enter customer property, and (ii) require that any staff, contractor, or agent of CONSULTANT that fails the background check shall not be permitted to enter any customer premises.
Table A-3 Home Efficiency Genie Program Staff Contacts
Name Title Phone Email
Kim DiCello
Sr. Program Director 415-965-3023 Kim.DiCello@clearesult.com
Develops strategies and tactics to deliver effective program performance by directing the work of employees assigned to the program from technical, marketing, operations, analytics, and administrative areas.
Marc Bigby
Sr. Program Manager 925-297-5057 marc.bigby@clearesult.com
Responsible for overseeing the portfolio of downstream residential
programs in California and will instill best practices to enable the Program
to be delivered within budget to meet Program goals.
Paul Koepke
Associate Program
Manager
650-226-4010
ext 2
paul.koepke@clearesult.com
Serves as primary point of contact for the CITY. Verifies the Program is
delivered within budget and is responsible for managing, training, and mentoring the implementation team.
Tony Jung
Sr. Residential
Auditor
650-226-4010
ext. 4 tony.jung@clearesult.com
Building Performance Institute (BPI) trained professional who will perform
remote and in-person audits and technical assistance
Robert Brigham
Sr. Field Manager 510-756-5776 robert.brigham@clearesult.com
General Contractor responsible for overseeing subcontracting and quality assurance for any direct installations of electrification technologies.
To Be Hired Residential Auditor N/A N/A
BPI trained professional who will perform remote and in-person audits and technical assistance
To Be Hired
Energy Advisor N/A N/A
Specialized customer support to provide technical assistance, facilitate the
customer journey, and enable enrollment in City programs.
To Be Hired
Operations Specialist N/A N/A
Desktop review, quality control, and operational support for rebate administration.
F. HEG Program Implementation and Delivery
TASK A.1 HOME EFFICIENCY GENIE PROGRAM PLANNING AND KICK OFF
Task A.1.1 Program Kick-Off Meeting
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 18 of 62
CONSULTANT will develop an agenda for the Program Kick Off Meeting and organize the Kick-Off Meeting with CITY staff to review HEG Program design and delivery, roles, timelines and priorities in the delivery of the HEG Program. The meeting will also cover
logistics, marketing, coordination, measurement and verification activities, establishing
CONSULTANT systems, invoicing requirements, reports, and any remaining implementation questions. CONSULTANT and CITY will refine timelines and identify additional CITY needs for the Program. CONSULTANT will identify customer data needs from CITY to inform customer segment analyses and outreach.
Task A.1.1 Deliverable: Meeting agenda and meeting minutes Task A.1.2 Develop HEG Program Policies and Procedures Manual
CONSULTANT shall develop the HEG Policies and Procedures Manual for use by CITY and CONSULTANT, which will include, at a minimum, the following: i. the terms and conditions for eligible customers to participate in the HEG Program; ii. the process for customers to participate in the HEG Program;
iii. the process for providing Energy and Water Advising Services to General Inquiry,
Home Assessment, Case Management and AHPWHP Program Customers in the HEG Program (Task A.3); iv. an exhaustive list of services included with Virtual, In-Home, and Advanced In-Home Assessments per descriptions in Table A-1;
v. the process for scheduling, performing, delivering Home Assessments (Task A.4) and
other HEG Program activities; vi. the process to recruit, enroll, and manage Trade Allies (Task A.5.1); vii. the process for obtaining and delivering the completed HEG Customer Feedback Form (Task A.1.7) and Trade Ally Feedback Form (Task A.1.9);
viii. the process for managing and entering HEG Program data into CITY’s program
platform(s), such as the CITY’s Energy Efficiency Collaboration Platform (Tasks A.7.1); ix. the process for providing HEG Program Reports (Task A.7.2); x. the process for completing HEG Program Invoices (Tasks A.7.3).
CONSULTANT will submit a draft HEG Program Policies and Procedures Manual to CITY for review and approval before finalizing and will provide written revisions and updates to the HEG Program Policies and Procedures Manual upon CITY request. CONSULTANT will adhere to and document its compliance with applicable policies and procedures in the HEG
Program Policies and Procedures Manual as it performs the Services in this Scope of Work.
Task A.1.2 Deliverable: HEG Program Policies and Procedures Manual
Task A.1.3 Update Home Assessment Agreement CONSULTANT will update the existing Home Assessment Agreement to include the following, at a minimum: i. Provides an overview of the HEG Program
ii. Grants CONSULTANT permission to perform the Home Assessment to
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 19 of 62
determine energy, water, and electrification opportunities available to customer under the City’s HEG Program; iii. Fully indemnifies CITY against all loss, damages, costs, and liability arising from any claims stemming from the Home Assessment;
iv. Collects basic information from the customer, including but not limited to
customer contact information and installation address; v. States customer co-payment amount, which will be mutually agreed upon by CITY and CONSULTANT
CONSULTANT will submit the Home Assessment Agreement to CITY for review and
approval and will revise and update the Home Assessment Agreement, including adding additional elements, as directed by CITY before use. CONSULTANT will provide the Home Assessment Agreement to customers in both electronic and paper formats. CONSULTANT will scan paper forms completed by customers and submit them to CITY electronically, as
well as in their original paper format.
Task A.1.3 Deliverable: Home Assessment Agreement Task A.1.4 Update Home Assessment Report Templates
CONSULTANT will provide a Home Assessment Report to the customer following their
Home Assessment. CONSULTANT will update the existing Home Assessment Report templates for Virtual and In-Home Assessments which will include the following elements: i. Inventory and photos of physical conditions, effective age and estimated remaining lifespans of equipment and appliances;
ii. Identification of whole house efficiency and optimization opportunities including, but
not limited to, building envelope, lighting, various energy appliances, measures, and potential occupant behaviors; iii. Quantification of each device's estimated energy consumption and opportunities for enhanced energy-use efficiency, water efficiency, and electrification;
iv. Evaluation of the condition and capacity of the existing electric panel and
recommended upgrades that may be necessary to enable the proposed measures; v. Recommended locations for new electrical equipment, noting any observed space or structural constraints and possible remedies; vi. Clear and actionable energy and water savings and electrification recommendations to
educate the customer.
The Home Assessment Report for Advanced In-Home Assessments will include all elements included in Virtual and In-Home Assessment Reports, as well as the following elements: i. Home performance information and parameter values resulting from diagnostic
testing including blower door test, duct system pressure test, and infrared camera
scans where applicable; ii. Identification of whole house efficiency and optimization opportunities including, but not limited to, building envelope, lighting, various energy appliances, measures, and potential occupant behaviors;
iii. Home performance information and parameter values expected after recommended
building envelope improvements are made; iv. Size recommendations of HVAC equipment without building envelope
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 20 of 62
improvements; v. Size recommendations of HVAC equipment with building envelope improvements. CONSULTANT will submit the Home Assessment Report Templates for CITY review and
approval and will revise as directed by CITY before use. Once finalized and approved by
CITY, the Home Assessment Report Templates will be provided by CONSULTANT to the customer and will include information necessary for the customer to understand energy and water efficiency opportunities available to them. CONSULTANT will provide written revisions and updates to the Home Assessment Reports upon CITY request.
Task A.1.4 Deliverable: Virtual, In-Home, and Advanced In-Home Assessment Report Templates
Task A.1.5 Update HEG Program Report Template
CONULTANT will update the standard HEG Program Report template to meet CITY’s reporting requirements and deliver it to the CITY monthly, quarterly, and annually. CONSULTANT will assist CITY in finalizing HEG Program performance metrics to include in the HEG Program Reports. The HEG Program Report will also provide summary statistics
which shall include the following at minimum:
i. Number of pending and completed Home Assessments; ii. Number of Efficiency Toolkits provided; iii. Number of EE, WE, and BE projects completed by customer that customer completed
via their participation in CONSULTANT’s Energy and Water Advising or Home
Assessment services; iv. Program referrals and additional customer participation in City programs resulting from Energy and Water Advising or Home Assessment services; v. Savings associated with Energy Toolkit or completed projects including:
a) Gross and net annual deemed kWh;
b) Gross and net lifetime kWh deemed savings; c) Gross and net annual kW demand deemed savings; d) Gross and net lifetime kW demand deemed savings; e) Gross and net annual therms deemed savings;
f) Gross and net lifetime therms deemed savings;
g) Gross and net annual deemed greenhouse gas (GHG) emissions savings; h) Gross and net lifetime deemed GHG emissions savings;
vi. Number of Trade Allies enrolled; vii. Number of Trade Ally trainings completed;
viii. Program dashboards with the following information:
a) Account type totals; b) New account totals; c) Net Promoter Score; d) Project Conversion Rates;
e) New lead totals;
f) Program savings totals (by period and total for program). CONSULTANT will submit the HEG Program Report Template to CITY for review and
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 21 of 62
approval and will revise and update the HEG Program Report Template as directed by CITY before use. Task A.1.5 Deliverable: HEG Program Report Template
Task A.1.6 Update HEG Program Invoice Template
CONSULTANT will update the standard HEG Program Invoice Template to meet CITY’s invoicing requirements, including, but not limited to:
i. Name of company providing invoice (CLEAResult, Inc.); ii. Invoice number; iii. Invoice date; iv. CONSULTANT’s remit-to address for invoicing;
v. Description of work performed;
vi. Narrative describing the items billed in the applicable period; vii. Invoice amount, broken down as requested by CITY according to category of work viii. Number of advising hours, including report detailing activities completed during advising hours;
ix. Number of completed Home Assessments by category: 1) Virtual, 2) In-Home, and 3) Advanced In-Home; x. Additional services performed.
CONSULTANT will submit the HEG Program Invoice Template to CITY for review and approval and will revise and update the HEG Program Invoice Template as directed by CITY
before use. Task A.1.6 Deliverable: HEG Program Invoice Template
Task A.1.7 Update HEG Customer Feedback Forms
CONSULTANT will update the HEG Customer Feedback Form Template for each of the 4 customer types described in the Overview section. The HEG Customer Feedback Form gives
customers the opportunity to evaluate the HEG services that were provided to the customer, including Energy and Water Advising Services, the Home Assessment, the on-going customer support, and the overall customer experience associated with the HEG Program. The HEG Customer Feedback Form must include a question for the customer that enables CITY to
calculate a Net Promotor Score (NPS) value, which is a standardized metric used to assess customer satisfaction. CONSULTANT will pursue continuous improvements to achieve the target NPS score in Table A-2.
CONSULTANT will submit the HEG Customer Feedback Form Templates to CITY for review
and approval and will revise and update them as directed by CITY before use. CONSULTANT will provide the HEG Customer Feedback Forms to customers in either electronic and paper formats. CONSULTANT will scan paper forms completed by customers and submit them to CITY electronically, as well as in their original paper format.
Task A.1.7 Deliverable: HEG Customer Feedback Form Template
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 22 of 62
Task A.1.8 Update Trade Ally Participation Agreement
CONSULTANT will update a Trade Ally Participation Agreement that includes the following, at a minimum: i. Provides an overview of the Trade Ally network; ii. Provides requirements for Trade Allies to participate, including but not limited to
insurance certification and information, W9, and attending a Trade Ally training;
iii. Collects basic information from the Trade Ally, including but not limited to contact information and Contractor’s License(s). CONSULTANT will submit the Trade Ally Participation Agreement to CITY for review and
approval and will revise and update the Trade Ally Participation Agreement, including
adding additional elements, as directed by CITY before use. CONSULTANT will provide the Trade Ally Participation Agreement to Trade Allies in both electronic and paper formats. CONSULTANT will scan paper forms completed by Trade Allies and submit them to CITY electronically, as well as in their original paper format.
Task A.1.8 Deliverable: Trade Ally Participation Agreement Template Task A.1.9 Update Trade Ally Feedback Forms
CONSULTANT will update a Trade Ally Feedback Form Template. The Trade Ally Feedback Form gives customers the opportunity to evaluate the Trade Ally network, the on-going customer support, and the programs and policies associated with the Trade Ally network. The Trade Ally
Feedback Form must include a question for the Trade Ally that enables CITY to calculate a Net
Promotor Score value. CONSULTANT will pursue continuous improvements to achieve the target NPS score in Table A-2. CONSULTANT will submit the Trade Ally Feedback Form Templates to CITY for review and
approval and will revise and update them as directed by CITY before use. CONSULTANT will provide the Trade Ally Feedback Forms to Trade Allies in both electronic and paper formats. CONSULTANT will scan paper forms completed by Trade Allies. Task A.1.9 Deliverable: Trade Ally Feedback Form Template
Task A.1.10 Host Ongoing Program Implementation Meetings
CONSULTANT’s assigned point of contact will meet with the CITY team on a monthly basis and will also be available for a weekly check-in phone call with the CITY team. CONSULTANT will be available as necessary at any time to ensure effective Program implementation.
TASK A.2 – HOME EFFICIENCY GENIE PROGRAM MARKETING Task A.2.1 Implement Marketing and Outreach Activities
CONSULTANT will market the HEG Program as directed by the CITY’s Project Manager. These marketing activities shall include the following at minimum, and any changes must be
mutually agreed upon in writing via email:
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 23 of 62
i. Email or direct mail communications; ii. Outbound call campaigns; iii. Tabling at various CITY locations (e.g. libraries, City Hall and Community Centers, local retail establishments);
iv. Organizing and hosting community workshops and webinars;
v. Participating in CITY sponsored events and workshops (e.g. rooftop solar, electric vehicle, heat pump water heater, water conservation); vi. Partnering with community groups (e.g. neighborhood associations); vii. Engaging with real estate professionals, Trade Allies, local employers, and other
stakeholders.
TASK A.3 – ENERGY AND WATER ADVISING SERVICES IMPLEMENTATION
Task A.3.1 Recruit, Hire, and Train Energy Advisors and Residential Auditors CONSULTANT will employ Energy Advisors and Residential Auditors that are residential efficiency experts with a strong command of building science technical knowledge, electrification, sales skills, and excellent customer service skills. CONSULTANT’s Energy
Advisors will be CITY customers’ main point of contact for the HEG Program and will
provide concierge service to assist customers as described in Tasks A.3.2, A.3.3, A.3.4, and A.3.5. Energy Advisors hired by CONSULTANT will demonstrate building science technical knowledge through holding certifications (e.g. Building Performance Institute Certification Building Analyst, Home Energy Rating System Certification, and other similar
certifications) or equivalent education, certification, and experience that demonstrates
building science technical knowledge. CONSULTANT will provide to CITY a list of Energy Advisors and Residential Auditors to staff the HEG Program. CITY will approve Energy Advisors and Residential Auditors for the
HEG Program and reserves the right to reject any that do not meet CITY’s standards. If
CITY chooses to exercise its right, CONSULTANT shall provide a replacement Energy Advisor or Residential Auditor within 30 days of written CITY notice to CONSULTANT.
Task A.3.2 Provide Energy and Water Advising Services to General Inquiry Customers
CONSULTANT will be available through email and maintain a dedicated phone line with the phone number (650) 713-3411 for phone-based advising. CONSULTANT will provide energy and water advising services to General Inquiry customers via phone and email in support of EE, WE, and BE upgrade projects, which will include the following at minimum.
Any changes must be mutually agreed upon in writing via email: i. Guidance for residents to reduce their building and transportation emissions through energy saving behaviors and the completion of EE, WE, and BE upgrade projects;
ii. Assistance with customer-facing utility portals such as MyCPAU; iii. Utility bill analysis; iv. Assistance with selecting contractors or Trade Allies for upgrade projects; v. Reviewing contractor bids;
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 24 of 62
vi. Assistance with understanding financing options for upgrade projects; vii. Incentive application assistance and processing; viii. Referrals to relevant complementary CITY sustainability programs such as electrification and efficiency programs, water conservation programs, waste
reduction programs, electrification programs and pilot programs.
CONSULTANT will track customer referrals to complementary programs to measure indirect benefits of the HEG Program. CONSULTANT will also provide ongoing follow-up to all customers to ensure customers take advantage of all the available CITY programs and services,
and that customer questions are fully answered.
Task A.3.3 Provide Energy and Water Advising Services to Home Assessment Customers
CONSULTANT will provide the same energy and water advising services to Home
Assessment Customers as provided to General Inquiry Customers, with the following additions: i. Enroll customers for Home Assessment by collecting signed Home Assessment
Agreement;
ii. Provide Home Assessment Report review and ongoing follow-up and engagement. Task A.3.4 Provide Energy and Water Advising to Case Management Customers CONSULTANT will provide the same energy and water advising to Case Management Customers as provided to General Inquiry Customers, with the following additions:
i. Assist customers with application and enrollment processes for CITY’s income or assistance programs such as CITY’s Rate Assistance Program; ii. Host and assist with workshops and events to generate new customer enrollments in CITY’s income-qualifying programs;
iii. Coordinate with and receive referrals from other income-qualified CITY, State, or
Federal Programs such as the Home Energy Assistance Program (HEAP). In order to serve Case Management Customers who may be hard-to-reach and experience additional barriers to entry such as language access, CONSULTANT will work to reduce
barriers by providing activities, such as providing language interpretation services and
translated marketing materials and program documents. CONSULTANT will identify additional barriers to entry for Case Management Customers and provide proposed solutions. Task A.3.5 Provide Advising Services to Advanced Heat Pump Water Heater Pilot Program Customers
CONSULTANT will provide energy advising services to AHPWHP Program Customers via phone and email. CONSULTANT will provide electrification and efficiency concierge services to qualified CITY customers that will include the following at minimum. Any changes must be mutually agreed upon in writing via email: i. Identify and screen customers based on the AHPWHP Program qualifications for
site assessments;
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 25 of 62
ii. Educate customers on HPWH product technologies and basic operation, potential installation and operational difficulties, possible costs, and any questions related to HPWHs; iii. Coordinate with CITY’s third-party contractor to schedule site assessment;
iv. Collect customer documents required by AHPWHPP such as the Customer Site
Assessment Agreement; v. Determine customer eligibility for financing programs and educate customers on financing terms and conditions; vi. Provide ongoing support for any AHPWHP Program-related questions, and inform
CITY and CITY’s third-party contractor of any customer concerns or questions
within three (3) business days.
Task A.3.6 Provide Supporting Services At CITY’s request, CONSULTANT will provide supporting services to optimize the HEG
program, such as:
i. evaluating HEG Program efficacy for participating customers by comparing pre- and post-HEG Program energy consumption, where available, and shall include this information in reports; ii. discussing potential HEG Program enhancements.
TASK A.4 HOME ASSESSMENTS IMPLEMENTATION Task A.4.1 Enroll Customers for Home Assessments
CONSULTANT will explain the key differences of the three types of Home Assessments to
customers and assist customers in selecting one for enrollment. CONSULTANT will screen
and schedule a Home Assessment for customer. Customer enrollment occurs when CONSULTANT gains customer’s signature on the Home Assessment Agreement between CONSULTANT and customer. CONSULTANT will collect or waive any customer co-payments, as applicable. The co-payment amount will be mutually agreed upon by CITY and
CONSULTANT and any changes in co-payment amount must be mutually agreed upon via
email. Task A.4.2 Perform Virtual, In-Home, and Advanced In-Home Home Efficiency and Electrification Assessments
CONSULTANT will perform the Home Assessment selected by customer. For Virtual Assessments, CONSULTANT will: 1. Use an interactive electronic platform to review conditions in the home, document
existing equipment, and review comfort, energy and water use concerns; 2. Gather relevant information and images as defined in Task A.1.4 to create the Virtual Home Assessment Report.
For In-Home and Advanced In-Home Assessments, CONSULTANT will:
1. Schedule a visit to customer’s home; 2. Gather relevant information, images, and data from diagnostic tests as defined for each type of Home Assessment in Task A.1.4 to create the In-Home or Advanced In-Home
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 26 of 62
Home Assessment Report; 3. Provide an Efficiency Toolkit. Task A.4.3 Complete Home Assessment Reports Upon completion of the Virtual, In-Home, or Advanced In-Home Assessment,
CONSULTANT will prepare a customized Home Assessment Report using the Home
Assessment Report Template according to the type of Home Assessment that was performed (Task A.1.4). Depending on the type of home, the Home Assessment Report contents may vary. CONSULTANT will coordinate with CITY to promote CITY's other energy and water efficiency, electrification, demand response and offerings to maximize benefit to customers.
Such coordination may result in referrals to other programs or joint delivery of services.
CONSULTANT will deliver the Home Assessment Report to customer and explain findings to help customers navigate the EE, WE, and BE upgrade process. CONSULTANT will not offer, solicit or provide any non-CITY/CPAU programs or services under this Agreement.
TASK A.5 – TRADE ALLY MANAGEMENT
Task A.5.1 Recruit, Enroll, and Manage Trade Allies
CONSULTANT will develop and adhere to the process for enrolling and removing Trade Allies, including executing a Trade Ally Participation Agreement. After vetting Trade Allies, CONSULTANT will create a list of Trade Allies and submit to CITY for approval prior to distribution. All lists must include a CITY-approved disclosure statement, such as the
following: “Note: This list is provided as a courtesy resource only. The City does not require
or endorse the use of any of these firms. This list is not to be construed as exclusive, comprehensive, or limiting in any way.” Task A.5.2 Onboard and Host Trainings for Trade Allies CONSULTANT shall provide at least four (4) in-person and/or online HEG Program trainings
for Trade Allies per year. Trainings will cover Trade Ally enrollment processes and rebate
program eligibility and processes. CONSULTANT will provide the training materials to CITY for approval prior to use. Task A.5.3 Provide Project Advising to Trade Allies CONSULTANT will provide EE, WE, and BE project advising services to Trade Allies that
will include the following at minimum. Any changes must be mutually agreed upon in
writing via email:
i. Assistance with applying for applicable CITY rebates on behalf of customer; ii. Resources and training for installing EE, WE, and BE upgrade projects; iii. Building permit and inspection coordination with CITY’s Planning and Development Services Department.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 27 of 62
CONSULTANT will ensure that all manufacturer product warranties held either by
CONSULTANT or Trade Allies will be transferred to the customer upon installation, and
CONSULTANT will be available to troubleshoot and/or replace any defective measures for
customers.
CONSULTANT will confirm Trade Allies’ licensing and insurance and monitor customer
feedback on Trade Allies’ performance.
Task A.5.4 Support Trade Allies’ Outreach to Customers
CONSULTANT will support Trade Allies’ outreach to customers by offering consultative
sales and outreach support, providing HEG Program materials, and inviting for Trade Allies
to participate in community events. CONSULTANT will train Trade Allies on HEG Program
requirements to share with customers.
TASK A.6 – CUSTOMER FEEDBACK
Task A.6.1 Provide Customer Service, Feedback, and Issue Resolution CONSULTANT will provide a dedicated phone number for all CITY customer contacts for
scheduling Home Assessments, providing program information, and answering customer or
Trade Ally inquiries during normal business hours, Monday through Friday between 8 AM – 5 PM. CONSULTANT will request feedback as described in HEG Customer Feedback Form (Task
A.1.7) and Trade Allies Feedback Form (Task A.1.9). CONSULTANT will enter feedback
data into CITY’s chosen platform and provide feedback results to CITY in monthly invoicing and reporting. CITY retains the right to separately survey Program participants. CONSULTANT will address and attempt to resolve all issues discovered through either
survey feedback or other means of contact within five (5) business days. CONSULTANT
will pursue continuous improvements to drive high program satisfaction and NPS targets as described in Table A-1. If any issues cannot be resolved to the satisfaction of the customer by CONSULTANT within five (5) business days, CONSULTANT shall immediately provide CITY with a detailed description of any such complaint which will include the name and
contact information of the customer and any other information requested by CITY.
TASK A.7 HEG PROGRAM INVOICING AND REPORTING
Task A.7.1 Data Management CONSULTANT shall provide data tracking, analysis, and reporting as well as actionable insights regarding real-time HEG Program performance. CONSULTANT will utilize its own
system to update the CITY’s program platform such as Energy Efficiency Collaboration Platform. In addition to tracking HEG Program progress, CONSULTANT shall track detailed customer information such as barriers and motivations as well as planned future upgrades to support on-going HEG Program operations.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 28 of 62
CONSULTANT will respond to CITY’s written data requests within 30 calendar days to
meet evaluation, measurement, and verification (“EM&V” and other regulatory
requirements. CONSULTANT will interface with CITY’s contracted EM&V firms as
necessary.
Task A.7.2 Reporting
CONSULTANT will provide completed HEG Program Reports on CITY-approved reporting
templates (Task A.1.5) on a monthly basis. HEG Program Reports are critical to the success of the programs described herein, and
therefore CONSULTANT’s timely submittal of complete and accurate HEG Program
Reports is required in order for CONSUTLANT to receive payments under this Agreement.
Task A.7.3 Invoicing
Using the HEG Program Invoice Template (Task A.1.6), CONSULTANT will invoice CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance with the more specific guidelines set forth in this Exhibit “A,” Task A.1.6, and in Exhibit “C”,
“Compensation” through the CITY designated submission approach or system.
Proper record-keeping is critical for the success of the programs described herein. As such, CONSULTANT must timely and accurately provide the Completed HEG Program Invoice and Completed HEG Program Report in order to receive payment for Services under this
Agreement.
TASK A.8 HEG PROGRAM CLOSEOUT Task A.8.1 Resolve Outstanding Jobs in Progress
CONSULTANT will complete all outstanding projects in progress and resolve any complaints from previously completed projects as a prerequisite for CITY to process CONSULTANT’s invoices.
Task A.8.2 Develop and Submit Final Program Report
CONSULTANT will submit a “HEG Program Final Report”, which includes a written overview of the HEG Program and a spreadsheet detailing the budgeted and actual HEG Program cost. The HEG Program Final Report will include HEG Program achievements,
challenges, goals, and lessons learned. CONSULTANT will deliver the HEG Program Final
Report within 30 calendar days before the end of the Term. II. OVERVIEW OF RESIDENTIAL REBATE PROGRAM SERVICES
Residential Rebate Program Services (“RR Services”) support the CITY’s Residential Rebate
Program (“RR Program”), which provides rebates and incentives to CITY residential customers
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 29 of 62
who install qualifying BE and EE equipment (“RR Eligible Measures”). RR Services will be
carried out only at CITY’s request.
RR Services fall into three (3) categories:
1) Residential Rebate (RR) Eligible Measures List Development;
2) Residential Rebate (RR) Program Support;
3) Residential Rebate Administration Platform Development.
A. Staffing Plan
CONSULTANT agrees to staff RR Services in accordance with the Staffing Plan set forth in
Table A-4. CONSULTANT will notify the CITY in writing concerning proposed changes to the
staffing plan, and all such changes will require the prior written consent of the CITY.
CITY may (i) request that CONSULTANT conduct criminal background checks to CITY’s
satisfaction on all CONSULTANT’s staff that may enter customer premises, and (ii) require that
any staff of CONSULTANT that fails the background check will not be permitted to enter any
customer premises.
Table A-4 Residential Rebate Services Staffing Plan
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 30 of 62
Name Title Phone Email
Kim DiCello
Sr. Program Director 415-965-3023 kim.dicello@clearesult.com
Develops strategies and tactics to deliver effective program performance by directing the work of employees assigned to the program from technical, marketing, operations, analytics, and administrative areas.
Marc Bigby
Sr. Program Manager 925-297-5057 marc.bigby@clearesult.com
Responsible for overseeing the portfolio of downstream residential
programs in California and will instill best practices to enable the Program to be delivered within budget to meet Program goals.
Paul Koepke
Associate Program
Manager
650-226-4010
ext 2
paul.koepke@clearesult.com
Serves as primary point of contact for the CITY. Verifies the Program is
delivered within budget and is responsible for managing, training, and mentoring the implementation team.
Tony Jung
Sr. Residential
Auditor
650-226-4010
ext. 4 tony.jung@clearesult.com
BPI trained professional who will perform remote and in-person audits and
technical assistance
Robert Brigham
Sr. Field Manager 510-756-5776 robert.brigham@clearesult.com
General Contractor responsible for overseeing subcontracting and quality assurance for any direct installations of electrification technologies.
To Be Hired Residential Auditor N/A N/A
BPI trained professional who will perform remote and in-person audits and technical assistance
To Be Hired
Energy Advisor N/A N/A
Specialized customer support to provide technical assistance, facilitate the
customer journey, and enable enrollment in City programs.
To Be Hired
Operations Specialist N/A N/A
Desktop review, quality control, and operational support for rebate administration.
B. Description of Residential Rebate Services
TASK B.1 RESIDENTIAL REBATE SERVICES PLANNING
Task B.1.1 Residential Rebate Services Planning Meetings
CONSULTANT will develop an agenda for RR Services Planning Meetings and organize the Planning Meetings with CITY staff to review RR Services, roles, timelines and priorities in the delivery of the RR Services. The Planning Meetings will also cover logistics, marketing, coordination, measurement and verification activities, establishing systems, invoicing
requirements, reports, and any remaining implementation questions. CONSULTANT and CITY will discuss new technologies as potential Residential Rebate Eligible Measures where appropriate, refine timelines and identify additional CITY needs for its RR Program. CONSULTANT’s assigned point of contact will meet with the CITY team on a monthly
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 31 of 62
basis and will also be available for a weekly check-in phone call with the CITY team. CONSULTANT will be available as necessary at any time to ensure effective RR Services are being delivered.
Task B.1.1 Deliverable: Meeting agenda and meeting minutes
Task B.1.2 Develop RR Services Invoice Template CONSULTANT will create a standard RR Services Invoice Template to meet CPAU’s invoicing requirements, including, but not limited to: i. name of company providing invoice (CLEAResult); ii. invoice number; iii. invoice date; iv. CLEAResult’s remit-to address for invoicing;
v. number of rebate administration hours or one-time costs; vi. invoice amount, broken down as requested by CITY according to category of work; vii. number of applications processed; viii. Program dashboards with invoice and summary details.
CONSULTANT will submit the RR Services Invoice Template to CITY for review and
approval before use and will revise and update the RR Services Invoice Template as directed by CITY before use. Task B.1.2 Deliverable: RR Services Invoice Template
TASK B.2 RESIDENTIAL REBATE ELIGIBLE MEASURES LIST DEVELOPMENT
Task B.2.1 Develop Residential Rebate Eligible Measure List
CONSULTANT will develop a RR Eligible Measures List as a part of the RR Program. The
RR Eligible Measure List will include 10 CITY-approved rebate measure categories (e.g.,
insulation, weatherization, HVAC, water heating, BE appliances, electric panel, etc.) with
several variations (central HVAC, mini split HVAC, etc.) within each category. Projected
energy and water savings must be based on credible sources such as the California Technical
Forum (“CalTF”) electronic Technical Reference Manual (“eTRM”), California Public
Utility Commission (“CPUC”) Database for Energy Efficiency Resources, approved
workpapers, etc.
CONSULTANT will provide CITY Project Manager with an RR Eligible Measure List of
proposed rebate measures, which shall include the following. Any changes must be mutually
agreed upon in writing via email:
i. Measure description;
ii. Unit of measure for rebate (e.g. sq. feet, ton, per unit, etc.); iii. Maximum quantity per customer; iv. Compensation to customer per measure, including rebates or bonus incentives (also
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 32 of 62
known as “kickers”) for completing multiple measures; v. Annual savings per unit (e.g. kWh, kW, therms, CCF, greenhouse gas emissions, etc.); vi. Effective Useful Life;
vii. Cost effectiveness (e.g. dollars per metric ton of GHG emissions avoided);
viii. Source of savings (Electronic Technical Reference Manual (eTRM), Database for Energy Efficient Resources (DEER), etc.); ix. The process for identifying, measuring and verifying measure savings; x. Effective Period;
xi. Qualifying criteria for approved measures (e.g. documentation required, equipment
characteristics, inspections, etc.).
CONSULTANT will submit the RR Eligible Measure List of proposed rebate measures to CITY for review and approval.
Task B.2.1 Deliverable: Residential Rebate Eligible Measure List
TASK B.3 RESIDENTIAL REBATE PROGRAM SUPPORT
Upon CITY’s written notification via email, CONSULTANT will provide the following services
in support of CITY’s RR Program.
Task B.3.1 Review and Process Customer Applications for Reserving Rebates
Rebate applications will be submitted by the customer or Trade Allies to reserve rebate funds
via the CITY’s chosen platform such as Energy Efficiency Collaboration Platform (EECP) or
CONSULTANT-hosted Residential Rebate Administration Platform (“CONSULTANT
Platform”) (see Task B.4).
Upon receipt of rebate application, CONSULTANT will:
1. Review all customer applications within five (5) business days to ensure there are existing rebate funds and customer application meets RR Program qualifications and RR Eligible Measures requirements; 2. CONSULTANT will notify customer and CITY Project Manager of application approval
or denial, including reason for denial.
a. If the rebate application is not approved, CONSULTANT will provide guidance
and suggestions to help the customer achieve approval.
b. If the application is approved, CONSULTANT will guide customer through next
steps of installation process, consistent with Energy and Water Advising Services
to General Inquiry Customers (see Task A.3.2).
Task B.3.2 Review and Process Customer Installation Results for Processing Rebate Payments
Installation results will be submitted by the customer or Trade Allies to process payment of
reserved rebate funds via the CITY’s chosen platform.
Upon receipt of customer’s installation results, CONSULTANT will:
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 33 of 62
1) Review customer’s installation results within three (3) business days of receipt.
CONSULTANT will review all installation documentation to ensure customer’s project
meets RR Program and Eligible Measures requirements for rebate and incentive payment.
2) CONSULTANT will notify customer and CITY Project Manager of installation results
approval or denial, including reason for denial.
a. If the installation results are not approved, CONSULTANT will provide guidance
and suggestions to help the customer achieve approval.
b. If the installation results are approved, CONSULTANT will guide customer
through next steps of receiving rebate and incentive payment.
Task B.3.3 Submit Approved Projects for Payment
Upon successful approval of installation results, CONSULTANT will notify CITY Project
Manager via CITY platform that customer’s project meets all requirements for rebate payment.
Task B.3.4 Update RR Eligible Measure List
Sixty days before the start of each fiscal year, or as requested by CITY, but no more than two
(2) times per fiscal year, CONSULTANT will update the RR Eligible Measure List. The
proposed tables will include any new RR Eligible Measures proposed by CITY or
CONSULTANT as well as changes to effective period that reflect measures no longer
offered.
Task B.3.5 Provide Quality Assurance and Quality Control Inspections As directed by CITY, CONSULTANT will complete on-going quality assurance and quality
control (“QA & QC”) activities as to verify that each project has been installed properly and
documented accurately. CONSULTANT will track, analyze, and report on QA & QC results. The QA & QC process helps to verify that savings are accurately calculated to maintain high realization rates. The QC process will include, but not be limited to, review of project documentation to verify customer-installed measures meet rebate program eligibility
requirements, and on-site inspections for up to 10% of projects to confirm presence and
quality of installation for incentivized equipment. Task B.3.6 Troubleshoot and Update Rebate Platform CONSULTANT will notify CITY Project Manager of any improvements to streamline the rebate application and rebate payment process. CONSULTANT will work with CITY Project
Manager to make these improvements in CITY-chosen platform. Upon request, CONSULTANT will offer CITY support in suggesting, scoping and testing system improvements and optimizations.
TASK B.4 RESIDENTIAL REBATE ADMINISTRATION PLATFORM DEVELOPMENT
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 34 of 62
If requested by CITY in writing via email and agreed upon by CONSULTANT via email,
CONSULTANT will develop and operate a CONSULTANT-hosted Residential Rebate
Administration Platform (“CONSULTANT Platform”) as described in Task B of the Scope.
Task B.4.1 Develop Rebate Administration Platform
CONSULTANT will develop CONSULTANT Platform to provide Residential Rebate
Program Support (Task B.3). The CONSULTANT Platform will include the following
features and capabilities and any changes must be mutually agreed upon in writing via email:
i. Customer portal for rebate submission and payment with the ability for customers to submit project information (e.g. customer contact information, existing equipment information, installed equipment information, costs, contractors, etc.); ii. Trade Ally portal for rebate submission and payment with the ability for Trade Allies
to submit project information ((e.g. customer contact information, existing equipment
information, installed equipment information, costs, etc.); iii. Ability to set-up customer data exchange from CITY to CONSULTANT, and data exchange for completed applications back to CITY; iv. Ability to include CITY logo and match style and design (e.g. colors, fonts, etc.) as
defined in CITY’s Style Guide;
v. Ability to upload documentation (e.g. photos, electronic copies of permits, etc.); vi. Ability for CONSULTANT to update customer project information upon request; vii. Ability for CONSULTANT to track changes made to customer applications; viii. Ability to confirm RR Program and RR Eligible Measure requirements;
ix. Ability to track application status;
x. Ability to track savings on customer, measure, and program-wide basis; xi. Ability to track RR Program costs; xii. Ability to track customer feedback; xiii. Ability to have a test or sandbox environment to ensure agreed upon specifications
function properly
xiv. Ability to provide reports consistent with the Residential Rebate Report Template (Task B.4.3)
Task B.4.2 Provide Rebate Administration Platform Technical Services
CONSULTANT will provide technical services to maintain the Platform, including: i. IT support for tickets, bugs, and issues; ii. IT and engineering support for measure updates and changes that may be needed.
Task B.4.3 Develop Residential Rebate Platform Report Template CONSULTANT will create a standard RR Platform Report Template that summarizes activities in CONSULTANT’s Platform. This RR Platform Report will be delivered monthly,
quarterly, and annually to meet CITY’s reporting requirements.
CONSULTANT will assist CITY in finalizing program performance metrics to include in the RR Platform Report. The RR Platform Report will provide summary statistics including the following, with any changes being mutually agreed upon in writing via email:
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 35 of 62
i. Number of rebates processed including type of RR Eligible Measures installed and rebate amount; ii. Installed equipment and measures costs;
iii. Gross and net annual kWh deemed savings;
iv. Gross and net lifetime kWh deemed savings; v. Gross and net annual kW demand deemed savings; vi. Gross and net lifetime kW demand deemed savings; vii. Gross and net annual therm deemed savings;
viii. Gross and net lifetime therm deemed savings;
ix. Gross and net annual deemed greenhouse gas (GHG) emissions; x. Gross and net lifetime deemed GHG savings. CONSULTANT will submit the RR Platform Report Template to CITY for review and
approval before use and will revise and update the RR Platform Report Template as directed
by CITY before use. Task B.4.3 Deliverable: Residential Rebate Platform Report Template
Task B.4.4 Develop Customer Feedback Form
CONSULTANT will develop a RR Customer Feedback Template. The RR Customer
Feedback Form will evaluate the rebate processing process, the on-going customer support, and the overall customer experience associated with the CONSULTANT Platform. The RR Customer Feedback Form must include a question for the customer that enables CITY to calculate a Net Promoter Score value.
CONSULTANT will submit the RR Customer Feedback Form Template to CITY for review and approval and will revise and update them as directed by CITY before use. CONSULTANT will provide the RR Customer Feedback Form to customers in customer’s
preferred format, either electronic or paper format. CONSULTANT will scan paper forms
completed by customers and submit them to CITY electronically, as well as in their original paper format. Task B.4.4 Deliverable: RR Customer Feedback Form Template
TASK B.5 RESIDENTIAL REBATE SERVICES DATA MANAGEMENT AND INVOICING
Task B.5.1 Data Management
CONSULTANT will provide data tracking, analysis and reporting as well as actionable
insights regarding real-time performance for RR Services. CONSULTANT will share
customer account records with CITY and will respond to CITY’s reasonable written data
requests within 30 calendar days to meet evaluation, measurement, and verification
(“EM&V”) and other regulatory requirements.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 36 of 62
CONSULTANT will provide data and information from the CONSULTANT Platform in an
electronic format that can be easily integrated with CITY program platforms such as EECP.
CITY will own all customer information and program data. CONSULTANT will adhere to
the CITY’s Exhibit F - Information Privacy Policy and Exhibit G - Cybersecurity Terms and
Conditions; specifically, CONSULTANT will protect the confidentiality of all customer
information and program data used, prevent any sale or release of such information and data
to third parties, and ensure CITY has secure access to all customer information and data
collected through the CONSULTANT Platform
Task B.5.2 Invoicing Using the RR Services Invoice Template (Task B.1.2), CONSULTANT will invoice CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance with the more specific guidelines set forth in this Exhibit “A,” Task B.1.2, and in Exhibit “C”,
“Compensation” through the CITY designated submission approach or system. Proper record-keeping is critical for the success of the services described herein. As such, CONSULTANT must timely and accurately provide the RR Services Invoice in order to receive payments for Services under this Agreement.
TASK B.6 RESIDENTIAL REBATE SERVICES CLOSEOUT Task B.6.1 Resolve Outstanding Jobs in Progress
The CONSULTANT will complete all outstanding projects and applications in progress and resolve any complaints from previously completed projects as a prerequisite for CITY to process CONSULTANT’s invoices. Any outstanding project applications will be transferred to CITY along with current status and next steps.
Task B.6.2 Develop and Submit Final Report
CONSULTANT will submit a “RR Services Final Report”, which includes a narrative with an overview of the RR Services delivered and a spreadsheet detailing the budgeted and actual RR Services costs. The RR Services Final Report will include RR Services achievements,
challenges, goals, and lessons learned. CONSULTANT will deliver the final report within 30 calendar days before the end of the Term. Task B.5.2 Deliverable: RR Services Final Report IV. Overview of Turnkey Installation Program This scope of work is optional at the CITY’s discretion. If CITY opts to proceed with this Scope, it will provide CONSULTANT with 90 days advanced written notice by email to allow
for staffing and operational readiness. CONSULTANT will be required to provide current pricing and launch timelines, which must be mutually agreed upon by CONSULTANT and CITY prior to proceeding.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 37 of 62
If directed by CITY, CONSULTANT will implement the Turnkey Installation Program (TI Program) to provide turnkey installation1 services to eligible market-rate single-family and multifamily residential customers. Participating customers will provide CONSULTANT with a
co-payment for Eligible Measures installed by CONSULTANT under this Agreement.
CONSULTANT will also cross-promote other applicable CITY/CPAU program offerings, including but not limited to the Home Efficiency Genie program. CONSULTANT will not offer, solicit or provide any non-CITY/CPAU programs or services under this Agreement.
At CITY’s discretion, CONSULTANT will solicit eligible market-rate single-family and
multifamily customers through referrals and/or marketing and direct outreach to perform a site assessment. With a site assessment, CONSULTANT will identify eligible measures to be installed at the residential property via the TI Program, as well as estimated project cost. CONSULTANT will advise and support customers throughout the process of installing CITY-
approved measures and verifying quality installation.
A. Turnkey Installation Program Targets The parties will review the targets regularly to determine whether the Program is on target or whether the Program or goals require adjustment targets.
Term Year 1 Year 2 Year 3 Total Number of residences served
900 900
Table A-5 Turnkey Installation Program targets
B. Turnkey Installation Program Eligible Measures CONSULTANT will deliver energy savings and greenhouse gas emissions savings to customers through the turnkey installation of:
• “Turnkey Installation Program Eligible Measures” (measures listed in Table C-4 of
Exhibit “C,” Compensation)
All work completed by CONSULTANT under this Agreement must comply with the most recently adopted building and appliance efficiency standards. Only energy savings that are achieved in addition to the minimum energy savings mandated by Title 20 and Title 24 can be
counted towards program savings targets. CONSULTANT will provide CITY with the projected energy and water savings and supporting documentation for the savings estimates to CITY for all Turnkey Installation Eligible Measures as part of providing Eligible Measure list updates per Task C.1.10 and delivered according to Table 1 of Exhibit "B,” Schedule of Performance.
Projected energy and water savings must be based on sources such as the California Technical Forum (“CalTF”) electronic Technical Reference Manual (“eTRM”), California Public Utility Commission (“CPUC”) Database for Energy Efficiency Resources, City-approved workpapers, etc. If a program measure is not covered by any of these sources, the CONSULTANT will
1 Turnkey installation means start-to-finish installation of equipment, which includes a co-payment contribution
from the customer.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 38 of 62
provide the estimated energy savings and workpaper(s) or reference source documenting the savings estimation methodology for City review and approval. CONSULTANT will provide revised energy savings calculations and pricing upon CITY request.
C. Turnkey Installation Program Cost Allocation
CITY and customer will each pay a portion of the total installed costs of each Turnkey Installation Program Eligible Measure identified in Rows 1-6 of Table C-4 of Exhibit “C”. CITY will define customer payment amounts (“Customer Co-Payment”) in the Policies and Procedures
Manual (Task C.1.2). CITY’s portion of the total TIP Eligible Measures’ installed cost over the
Term will not exceed the Task C NTE of Table C-1, Exhibit C. All TIP Customer Co-Payment amounts and any other payments from participating customers related to their participation in the Turnkey Installation Program, including any extended
warranties or additional services customers may select, if applicable, will be included and clearly
disclosed in each customer’s Program Participation Agreement. D. Turnkey Installation Program Staffing
CONSULTANT agrees to staff the Program in accordance with the Staffing Plan set forth in
Table A-6. CONSULTANT shall notify the CITY concerning proposed changes to the staffing plan, and all such changes require the prior written consent of the CITY. CITY reserves the right to (i) request CONSULTANT conduct criminal background checks to
City’s satisfaction on all CONSULTANT’s staff, contractors or agents that may enter customer
property, and (ii) require that any staff, contractor or agent of CONSULTANT that fails the background check shall not be permitted to enter any customer premises. Table A-6 Turnkey Installation Program Staffing Plan
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 39 of 62
Name Title Phone Email
Kim DiCello
Sr. Program Director 415-965-3023 Kim.dicello@clearesult.com
Develops strategies and tactics to deliver effective program performance by directing the work of employees assigned to the program from technical, marketing, operations, analytics, and administrative areas.
Marc Bigby
Sr. Program Manager 925-297-5057 marc.bigby@clearesult.com
Responsible for overseeing the portfolio of downstream residential
programs in California and will instill best practices to enable the Program to be delivered within budget to meet Program goals.
Paul Koepke
Associate Program
Manager
650-226-4010
ext 2
paul.koepke@clearesult.com
Serves as primary point of contact for the CITY. Verifies the Program is
delivered within budget and is responsible for managing, training, and mentoring the implementation team.
Tony Jung
Sr. Residential
Auditor
650-226-4010
ext. 4 tony.jung@clearesult.com
BPI trained professional who will perform remote and in-person audits and
technical assistance
Robert Brigham
Sr. Field Manager 510-756-5776 robert.brigham@clearesult.com
General Contractor responsible for overseeing subcontracting and quality assurance for any direct installations of electrification technologies.
To Be Hired Residential Auditor N/A N/A
BPI trained professional who will perform remote and in-person audits and technical assistance
To Be Hired
Energy Advisor N/A N/A
Specialized customer support to provide technical assistance, facilitate the
customer journey, and enable enrollment in City programs.
To Be Hired
Operations Specialist N/A N/A
Desktop review, quality control, and operational support for rebate administration.
E. Turnkey Installation Program Implementation & Delivery TASK C.1 TURNKEY INSTALLATION PROGRAM PLANNING AND KICK OFF Task C.1.1 Program Kick-Off Meeting CONSULTANT will develop an agenda for the TI Program Kick-Off Meeting and organize the Kick-Off Meeting with CITY staff to review the TI Program design and delivery, roles, timelines and priorities. This meeting will also cover logistics, marketing, coordination,
measurement and verification activities, establishing workflow systems, invoicing
requirements, reports, and any remaining implementation questions. CONSULTANT will discuss with the CITY new technologies as potential TIP Eligible Measures, and where appropriate, refine timelines and identify additional CITY needs for the
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 40 of 62
TI Program. Task C.1.1 Deliverable: Meeting agenda and meeting minutes Task C.1.2 Update TI Program Policies and Procedures Manual
CONSULTANT will update the TI Program Policies and Procedures Manual, for use by CITY and CONSULTANT, which will include, at a minimum, the following: i. the terms and conditions for eligible customers to participate in the TI Program, including Customer Co-Payment amounts; ii. the process for customers to participate in the TI Program;
iii. the process for scheduling TI Program activities such as “TI Customer Site Assessments” and “TI Customer Site Assessment Reports” reviews with customers (Task C.2.2) iv. the process for performing “TI Customer Site Assessments” and identifying
potential TIP Eligible Measures and obtaining CITY approval for installation
(Tasks C.2.3 and C.2.4); v. the process for collecting customer payments for Customer Co-Payments and any other program-related costs to customer; vi. the process for installing TIP Eligible Measures, including a quality assurance
and quality control plan that ensures measures are installed and working properly
and customers are satisfied (Task C.2.5); vii. the process for delivering and obtaining completed “TI Project Completion and TI Customer Feedback” forms as part of a customer complaint and resolution plan (Task C.2.6);
viii. the process for managing and entering TI Program data, including but not limited
to that from the Customer Information System (“CIS”), into CITY’s program platform(s), such as the CITY’s Energy Efficiency Collaboration Platform (Tasks C.1.7 and C.3.1); ix. the process for providing “TI Program Reports” (Tasks C.1.8 and C.3.2);
x. the process for completing invoicing (Tasks C.1.9 and C.3.3);
CONSULTANT will submit a draft TI Program Policies and Procedures Manual to CITY for review and approval before finalizing and will provide written revisions and updates to the TI Program Policies and Procedures Manual upon CITY request. CONSULTANT will adhere
to and document its compliance with applicable policies and procedures in the TI Program
Policies and Procedures Manual as it performs the Services in this Scope of Work. Task C.1.2 Deliverable: TI Program Policies and Procedures Manual
Task C.1.3 Update TI Customer Site Assessment Report
CONSULTANT will update the TI Customer Site Assessment Report Template for CITY review and approval and will revise as directed by CITY before use. Once finalized and approved by CITY, the TI Customer Site Assessment Report will be provided by CONSULTANT to the customer and will include information necessary for the customer to
understand energy and water efficiency opportunities available to them under the City’s TI
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 41 of 62
Program. CONSULTANT will provide written revisions and updates to the TI Customer Site Assessment Report Template upon CITY request. TI Customer Site Assessments will include the following elements regarding equipment and
appliances located at the residential property owned or occupied by the customer interested
in exploring participation in the TI Program, each to be documented on the TI Customer Site Assessment Report Template: i. An inventory of physical conditions, age and estimated remaining lifespan(s) of equipment and appliances;
ii. Description of a work plan, including planned work and timeline, that will be
executed if customer opts to participate in the TI Program; iii. Estimated cost of work to be performed, for CITY’s review. At CITY’s discretion, the TI Customer Site Assessment may also include CONSULTANT’s
identification of building electrification opportunities. If directed by CITY, CONSULTANT
will include the following elements in the TI Customer Site Assessment, each to be documented on the TI Customer Site Assessment Report: i. Evaluation of the condition and capacity of the existing electrical systems and recommended upgrades that may be necessary to enable building electrification
upgrades;
ii. Recommended locations for new electrical equipment, noting any observed space or structural constraints and possible remedies. Task C.1.3 Deliverable: TI Customer Site Assessment Report Template
Task C.1.4 Update TI Customer Site Assessment Agreement CONSULTANT will update the TI Customer Site Assessment Agreement that includes the following, at a minimum:
i. Provides an overview of the TI Program;
ii. Grants CONSULTANT permission to perform the TI Customer Site Assessment to determine whether single-family or multifamily property is a good candidate for inclusion in the TI Program; iii. Fully indemnifies CITY against all loss, damages, costs and liability arising from
any claims stemming from the TI Customer Site Assessment;
iv. Collects basic information from the customer, including but not limited to customer contact information and installation address.
CONSULTANT will submit the TI Customer Site Assessment Agreement to CITY for
review and approval, and will revise and update the TI Customer Site Assessment Agreement, including adding additional elements, as directed by CITY before use. CONSULTANT will provide the TI Customer Site Assessment Agreement to customers in both electronic and paper formats. CONSULTANT will scan paper forms completed by
customers and submit them to CITY electronically, as well as in their original paper format.
Task C.1.4 Deliverable: TI Customer Site Assessment Agreement Template Task C.1.5 Update TI Program Participation Agreement
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 42 of 62
CONSULTANT will update a TI Program Participation Agreement that grants CONSULTANT permission to install TIP Eligible Measures, collect customer Co-Payments and any other program-related costs to customer, if applicable, and enroll customer in any
State or local financing programs. The TI Program Participation Agreement will include, at a
minimum, the following elements: i. Customer contact information; ii. Installation address; iii. Project scope;
iv. Project costs by line item, including, as well as customer’s sole responsibility for
any costs associated with them; v. Payment options available if customer opts to participate in the TI Program;
vi. Customer finance programs such as GoGreen Financing, payment amount, terms, and payment options available if customer opts to participate in the TI Program;
vii. Language specifying that only TI Program Eligible Measures are covered under
the TI Program Participation Agreement, and CITY is not responsible for any non-TI Program work, equipment, installations or warranties; viii. Language releasing CITY of liability for any claims stemming from the installed measure(s);
ix. Language and/or supplemental forms enrolling customers in any State or local
financing programs. CONSULTANT will submit the TI Program Participation Agreement to CITY for review and approval and will revise and update as directed by CITY before use. CONSULTANT will
provide the TI Program Participation Agreement to customers in both electronic and paper
formats. CONSULTANT will scan paper forms completed by customers and submit them to CITY electronically, as well as in their original paper format. Task C.1.5 Deliverable: TI Customer Program Participation Agreement Template
Task C.1.6 Update TI Project Completion and TI Customer Feedback Forms CONSULTANT will modify a TI Project Completion Form to be executed by customer attesting CONSULTANT’s installation of TIP Eligible Measures is completed and
operational to the customer’s satisfaction.
CONSULTANT will modify a TI Customer Feedback Form template. The TI Customer Feedback Form gives customers the opportunity to evaluate the TI Program, including the Site Assessment, the on-going customer support, and the overall customer experience
associated with the TI Program. The TI Customer Feedback Form must include, at minimum,
a question for the customer that enables CITY to calculate a Net Promotor Score value, which is a standardized metric used to assess customer satisfaction. CONSULTANT will submit the TI Project Completion Form and TI Customer Feedback
Form Templates to CITY for review and approval and will revise and update them as
directed by CITY before use. CONSULTANT will provide the TI Project Completion and TI Customer Feedback Forms to customers in both electronic and paper formats. CONSULTANT will scan paper forms completed by customers and submit them to CITY
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 43 of 62
electronically, as well as in their original paper format. Task C.1.6 Deliverable: TI Project Completion Form Template and TI Customer Feedback Form Template
Task C.1.7 Update Customer Information System CONSULTANT will provide CITY with a searchable, electronic customer information system (CIS). CITY will have access to the CIS to download program participation data and
information in an electronic format, such as .csv and .xls file formats, that can be easily
integrated with CITY program platforms, including but not limited to the City’s Energy Efficiency Collaboration Platform. CONSULTANT will enter project data, using information from the CIS, into CITY program platforms for program tracking, reporting, and invoicing.
CONSULTANT will design the CIS so that CITY staff will be able to access program data,
including the following elements: i. Customer contact information (name, address, phone, email) ii. Customer qualifications and program eligibility (income, etc.) iii. Customer status for receiving services (pending, completed, no customer
response)
iv. Scheduled and completed Site Assessments v. Existing equipment description (age, model, condition) vi. Site Assessment Report and recommendations provided vii. Customer job orders
viii. Installed equipment and measures (fixtures, quantity, wattage, cost, model)
ix. Installed equipment and measures costs x. Completed customer forms, as described in this Exhibit A (Site Assessment Agreement, Program Participation Agreement, Project Completion Form, Customer Feedback Form).
xi. Non-warranty and warranty related repair issues
xii. Program costs xiii. Energy and water savings xiv. Greenhouse gas (GHG) emissions avoided xv. Summary of customer compliments and/or complaints, and reasons for rejection
of proposed installations by customer.
xvi. Customer referrals to other programs xvii. Customer payments collected for Customer Co-Payments and any other program-related costs to customer; xviii. Records of customers’ warranties, if any.
CONSULTANT will revise and update the above list of program data to be included in the CIS as directed by CITY. CITY will own all customer information and program data. CONSULTANT will adhere to the CITY’s Exhibit F - Information Privacy Policy and
Exhibit G - Cybersecurity Terms and Conditions; specifically, CONSULTANT will protect
the confidentiality of all customer information and program data used, prevent any sale or release of such information and data to third parties, and ensure CITY has secure access to all customer information and data collected through the CIS
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 44 of 62
Task C.1.7 Deliverable: Customer Information System Task C.1.8 Update TI Program Report Template
CONSULTANT will create a standard TI Program Report template to meet CITY’s reporting
requirements. This TI Program Report will be delivered monthly, quarterly and annually. CONSULTANT will assist CITY in finalizing program performance metrics to include in the TI Program Reports. These metrics may include data specified in Task C.1.7, as directed by CITY. The TI Program Report will also provide summary statistics including, but not
limited to:
i. Number of pending and completed Site Assessments; ii. Number and type of measures installed; iii. Installed equipment and measure costs;
iv. Gross and net annual kWh savings;
v. Gross and net lifetime kWh savings; vi. Gross and net annual kW demand savings; vii. Gross and net lifetime kW demand savings; viii. Gross and net annual therms savings;
ix. Gross and net lifetime therms savings;
x. Gross and net annual greenhouse gas (GHG) emissions; xi. Gross and net lifetime GHG savings. CONSULTANT will submit the TI Program Report Template to CITY for review and
approval and will revise and update the TI Program Report Template as directed by CITY
before use. Task C.1.8 Deliverable: TI Program Report Template
Task C.1.9 Update TI Program Invoice Template
CONSULTANT will create a standard TI Program Invoice Template to meet CITY’s invoicing requirements, including, but not limited to: i. name of company providing invoice (Synergy);
ii. invoice number;
iii. invoice date; iv. Synergy’s remit-to address for invoicing; v. invoice amount, broken out as directed by Project Manager; vi. description of work.
CONSULTANT will submit the TI Program Invoice Template to CITY for review and approval and will revise and update the TI Program Invoice Template as directed by CITY before use.
Task C.1.9 Deliverable: TI Program Invoice Template
Task C.1.10 Provide Eligible Measure List Updates
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 45 of 62
Within thirty days of CITY’s Notice to Proceed (NTP) for Task C, CONSULTANT will use Template C-1 to update Table C-4, if necessary. CONSULTANT may propose additional measures or services. Turnkey Installation Program Eligible Measures and Pricing shall be negotiated and agreed to in writing via email by the CITY’s Project Manager and
CONSULTANT prior to commencement of the Program.
Sixty days before the start of each fiscal year, or as requested by CITY but no more than two (2) times per fiscal year, CONSULTANT will use Template C-1 to provide to the CITY proposed updates of Table C-4 for CITY review and approval. The proposed tables will
include any new TIP Eligible Measures proposed by CITY or CONSULTANT as well as
changes to the Effective Period that reflect measures no longer offered. Task C.1.10 Deliverable: TIP Eligible Measure List Updates
Task C.1.11 Enroll in State or Local Financing Programs CONSULTANT will enroll in GoGreen Financing, the public-facing platform of the California Hub for Energy Efficiency Financing, as a qualified contractor to provide energy
efficiency and electrification installation services in Santa Clara County. When
CONSULTANT is successfully enrolled in GoGreen Financing, CONSULTANT will provide CITY a link to the public-facing financing program website for Santa Clara County documenting CONSULTANT’s enrollment or provide CITY with a letter certifying CONSULTANT’s enrollment in the program in Santa Clara County.
If directed by CITY, CONSULTANT will enroll in additional financing programs or enlist third-party financial partners, such as National Energy Improvement Fund, to provide lending services.
CONSULTANT will update the TI Program Participation Agreement (Task C.1.5) with
financing programs which CONSULTANT is enrolled in and promote these financing programs to customers participating in the TI Program. Task C.1.11 Deliverable Listing on public-facing financing program website or letters
certifying CONSULTANT’s enrollment TASK C.2 - PROGRAM IMPLEMENTATION Task C.2.1 Implement Marketing and Outreach Activities
CONSULTANT will market CITY programs as directed by the CITY’s Project Manager. Task C.2.2 Develop Schedule of Activities
CONSULTANT will develop a Schedule of Activities including a work plan and
implementation timeline for CONSULTANT’s TI Program activities with CITY customers for CITY review and approval. CONSULTANT will notify CITY’s Project Manager of any delays to the implementation timeline. CONSULTANT will revise and update the Schedule of Activities as directed by CITY before use.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 46 of 62
Task C.2.2 Deliverable: Monthly Schedule of Activities Task C.2.3 Perform TI Customer Site Assessments and Deliver TI Customer Site
Assessment Report
CONSULTANT will: 1) Respond to customers by email and/or phone within two (2) business days of receiving a
customer referral or being contacted by customer, whichever comes first, to schedule a TI
Customer Site Assessment. 2) Collect all data necessary during the TI Customer Site Assessment visit to develop the TI Customer Site Assessment Report (Task C.1.3). 3) Update Customer Information System (Task C.1.7) and CITY’s program platform with
data gathered from the TI Customer Site Assessment for inclusion in the Program Report
(Task C.1.8). 4) Deliver a completed TI Customer Site Assessment Report and a detailed estimate of proposed projects to CITY staff for review 5) Once work is approved by CITY, deliver a completed TI Customer Site Assessment
Report and detailed estimate of proposed projects to the customer. CONSULTANT will
offer to review the report with the customer in person or by phone, as the customer prefers, to explain the findings, address any questions, and begin planning any program installations. 6) Promote CITY's other energy efficiency, demand response, renewable energy and water
program offerings to maximize benefit to customers, which is intended to result in
referrals to other CITY programs or services. CONSULTANT will direct customers to appropriate CITY resources or vendors to answer questions regarding other CITY programs. CONSULTANT may not offer, solicit or provide any non-CITY/CPAU programs or services under this Agreement.
CITY reserves right to accompany CONSULTANT during TI Customer Site Assessment visits or join CONSULTANT’S review of the TI Customer Site Assessment Report (Task C.1.3) with customer.
Task C.2.4 Execute TI Program Participation Agreement, Collect Customer Payments, and
Enroll Customers in Financing Programs After completing Task C.2.3 with the customer, CONSULTANT will: 1) Provide an unsigned version of the TI Program Participation Agreement (Task C.1.5) to
CITY for review and approval before presenting to customer;
2) As necessary, CONSULTANT will coordinate with the customer to correct any errors or omissions identified by CITY in the TI Program Participation Agreement; 3) Upon CITY approval, provide the TI Program Participation Agreement (Task C.1.5) to the customer and obtain customer’s signature;
4) Assist customer in understanding any payments that are the customer’s responsibility,
such as Customer Co-Payments; 5) Assist customer in understanding CITY-approved financing programs, options, and payment terms
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 47 of 62
6) Return fully executed (by CONSULTANT and customer) copies of TI Program Participation Agreement to CITY for review. 7) Collect any customer payments including Customer Co-Payments. 8) Assist interested customers with enrollment in any CITY-approved State or local
financing programs (Task C.1.11).
9) After CITY review and approval of the executed TI Program Participation Agreement, CITY will issue a notice to proceed for CONSULTANT to begin installation work. Task C.2.5 Install Measures and Provide Post-Installation Quality Control
Upon CITY’s notice to proceed for CONSULTANT to begin installation work, CONSULTANT will: 1) Apply for and obtain any required permits on the customer’s behalf. 2) Install TIP Eligible Measures identified in the executed TI Program Participation
Agreement.
a. CONSULTANT will hold the appropriate license(s) for any installation and work performed under this Agreement. All equipment must be installed in accordance with all applicable federal, state, and local laws, building codes, manufacturer’s specifications, and permitting requirements.
b. CONSULTANT will notify CITY Project Manager of any delays which may
result in an installation start date later than 120 days from the CITY’s issuance of the notice to proceed. 3) Implement the Quality Assurance and Quality Control Plan to verify each project has been installed properly and documented accurately.
4) Within ten (10) business days of TI Eligible Measure installation, assist customers in
understanding equipment operation, including programming and performing preventative maintenance for any Eligible Measures installed under the TI Program; 5) Remain available throughout the installation process to answer questions from customers or CITY about projects. As needed, CONSULTANT will direct customers to appropriate
CITY resources or vendors for questions related to other CITY programs.
CONSULTANT may not offer, solicit or provide any non-CITY/CPAU programs or services under this Agreement. 6) Obtain final inspections and complete the job closure paperwork for all installed measures.
7) Provide the TI Project Completion Form to customer for the customer to attest whether
the installation and operation of TIP Eligible Measures is acceptable and satisfactory. 8) Obtain the customer’s completed TI Project Completion Form and return copies to CITY. 9) Update Customer Information System (Task C.1.7) and CITY’s program platform with completed project installation data and invoice information for inclusion in the TI
Program Report (Task C.1.8) and TI Program Invoice (Task C.1.9)
10) Provide customers, at a minimum, a one (1) year warranty for all measures installed under the TI Program, effective from the date of installation. CONSULTANT will ensure that all manufacturer product warranties held by CONSULTANT will be transferred to the customer upon installation.
CITY reserves the right to accompany CONSULTANT during project installation and final inspection.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 48 of 62
Task C.2.6 Provide Customer Service, Feedback and Issue Resolution CONSULTANT will provide a dedicated phone number available on customer-facing materials as directed by CITY for all CITY customer contacts to schedule Site Assessments,
provide program information, and answer customer inquiries during normal business hours,
Monday through Friday between 8 AM – 5 PM local time. CONSULTANT will request customer feedback as described in TI Customer Feedback Form (Task C.1.5). CONSULTANT will enter customer feedback data into CITY’s chosen
platform. CONSULTANT will provide monthly customer feedback results to CITY in
CONSULTANT’s monthly invoicing and reporting. CONSULTANT will address and attempt to resolve all customer issues discovered through either survey feedback or other means of customer contact within five (5) business days of
receiving feedback. CONSULTANT will document all such customer issues, actions taken to
resolve them, and outcomes and report them to CITY. If CONSULTANT cannot resolve program-related issues to the customer’s satisfaction within five (5) business days, CONSULTANT will immediately provide CITY with a detailed description of each complaint, including the customer’s name and contact information and any other information
requested by CITY.
CONSULTANT will pursue continuous improvements in delivery of Services provided under this Agreement to customers to drive customer satisfaction and will revise its processes, procedures and documents as directed by CITY to ensure customer satisfaction.
Customer feedback issues will be tracked by CONSULTANT using the monthly reports, as
well as a completed TI Customer Feedback Form (Task C.1.6). CITY may separately survey TI Program participants regarding CONSULTANT’s performance. TASK C.3 – TURNKEY INSTALLATION PROGRAM INVOICING AND REPORTING
Task C.3.1 Data Management CONSULTANT will utilize the Customer Information System (Task C.1.7) to provide data tracking, analysis and reporting. CONSULTANT will utilize the Customer Information
System to update the CITY’s program platform with project information gathered from TI
Customer Site Assessments and completed project installations. CONSULTANT will track detailed customer information such as barriers and motivations as well as planned future upgrades to support ongoing TI Program operations.
CONSULTANT will respond to CITY’s written data requests within 30 calendar days to
meet evaluation, measurement, and verification (“EM&V”) and other regulatory requirements. Task C.3.2 Reporting
CONSULTANT will provide completed TI Program Reports to CITY on CITY-approved reporting templates (Task C.1.8) on a monthly basis.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 49 of 62
TI Program Reports are critical to the success of the programs described herein, and therefore CONSULTANT’s timely submittal of complete and accurate TI Program Reports is required in order for CONSULTANT to receive payments under this Agreement.
Task C.3.3 Invoicing
Using the TI Program Invoice Template (Task C.1.9), CONSULTANT will invoice CITY on a monthly basis consistent with Section 5 of the Agreement and in accordance with the specific guidelines set forth in this Exhibit “A,” Task C.1.9, and in Exhibit “C”,
“Compensation” through the CITY’s designated submission approach or system.
Proper record-keeping is critical for the success of the programs described herein. As such, CONSULTANT must timely and accurately provide the following elements in order to receive payment for Services under this Agreement:
i. Completed TI Program Invoice Template;
ii. Executed TI Customer Site Assessment Agreement for each project; iii. Executed TI Program Participation Agreement for each project; iv. Executed TI Project Completion Form for each project; v. Completed TI Customer Feedback Form for each project;
vi. Completed project installation and invoice information for each project entered
into CITY program platform. TASK C.4 – TURNKEY INSTALLATION PROGRAM CLOSE OUT
Task C.4.1 Resolve Outstanding Jobs in Progress
CONSULTANT will complete all outstanding projects in progress and resolve any complaints from previously completed projects as a prerequisite for CITY to process CONSULTANT’s invoices.
Task C.4.2 Develop and Submit TI Program Final Report CONSULTANT will submit a “TI Program Final Report”, which includes a written overview of the TI Program and a spreadsheet detailing the budgeted and actual TI Program costs. The
TI Program Final Report will include TI Program achievements, challenges, goals, and
lessons learned. CONSULTANT will deliver the TI Program Final Report within 30 calendar days before the end of the Term. Task C.4.2 Deliverable: TI Program Final Report
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 50 of 62
(Optional – ONLY for On Call Agreements OR Agreements with an Additional Services amount) EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________
COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 51 of 62
EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (NTP).
Table 1 – Home Efficiency Genie (HEG) Program Schedule of Performance
Task Due Date
Task A.1 HEG Program Planning and Kick Off A.1.1 Program Kick-Off Meeting Within 15 days of NTP
A.1.2 Develop HEG Program Policies and Procedures Manual Within 30 days of NTP
A.1.3 Update Home Assessment Agreement Within 30 days of NTP A.1.4 Update Virtual, In-Home, and Advanced In-Home Home Assessment Report Templates Within 30 days of NTP
A.1.5 Update HEG Program Report Template Within 30 days of NTP
A.1.6 Update HEG Program Invoice Template Within 30 days of NTP
A.1.7 Update HEG Customer Feedback Forms Within 30 days of NTP
A.1.8 Update Trade Ally Participation Agreement Within 30 days of NTP
A.1.9 Update Trade Ally Feedback Forms Within 30 days of NTP
A.1.10 Host Ongoing Program Implementation Meetings Ongoing
Task A.2. HEG Program Marketing
A.2.1 Implement Marketing and Outreach Activities Ongoing
Task A.3 Energy and Water Advising Services Implementation
A.3.1 Recruit, Hire, and Train Energy Advisors and Residential Auditors Within 30 days of NTP
A.3.2 Provide Energy and Water Advising Services to General Inquiry Customers Ongoing
A.3.3 Provide Energy and Water Advising Services to Home Assessment Customers Ongoing
A.3.4 Provide Energy and Water Advising to Case Management Customers Ongoing
A.3.5 Provide Advising Services to Advanced Heat Pump Water Heater Pilot Program Customers Ongoing
A.3.6. Provide Supporting Services Ongoing
Task A.4 Home Efficiency and Electrification Assessment Implementation
A.4.1 Enroll Customers for Home Assessments Ongoing
A.4.2 Perform Virtual, In-Home, and Advanced In-Home Home Assessments Ongoing
A.4.3 Complete Home Assessment Reports Ongoing
Task A.5 Trade Ally Management
A.5.1 Recruit, Enroll, and Manage Trade Allies Within 60 days of NTP
A.5.2 Onboard and Host Training(s) for Trade Allies Ongoing
A.5.3 Provide Project Advising to Trade Allies Ongoing
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 52 of 62
A.5.4 Support Trade Allies’ Outreach to Customers Ongoing Task A.6 Customer Feedback
A.6.1 Provide Customer Service, Feedback, and Issue Resolution Ongoing
Task A.7 HEG Program Invoicing and Reporting
A.7.1 Data Management Ongoing A.7.2 Reporting 15th of each month
A.7.3 Invoicing 15th of each month
Task A.8 HEG Program Closeout
A.8.1 Resolve Outstanding Jobs in Progress Within 30 days of end of Term
A.8.2 Develop and Submit Final Program Report Within 30 days of end of Term
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 53 of 62
Table 2 – Rebate Administration Program Services Schedule of Performance
Task Due Date
Task B.1 Residential Rebate Services Planning B.1.1 Program Kick-Off Meeting Within 15 days of NTP
B.1.2 Develop RR Program Invoice Template Within 30 days of NTP
Task B.2 Residential Rebate Eligible Measures List B.2.1 Develop Residential Rebate Eligible Measure List Within 30 days of NTP of Task B.2
Task B.3 Residential Rebate Program Support
B.3.1 Review Customer Applications for Reserving Rebates Within 3 days of NTP of
Task B.3
B.3.2 Review Customer Installation Results for Processing
Rebate Payments
Ongoing
B.3.3 Submit Approved Projects for Payment Ongoing
B.3.4 Update Residential Rebate Eligible Measure List Ongoing
B.3.5 Quality Control and Quality Assurance Ongoing
B.3.6 Troubleshoot and Update Rebate Platform Ongoing
Task B.4 Rebate Administration Platform Development B.4.1 Develop Rebate Administration Platform Within 120 days of NTP of Task B.4
B.4.2 Rebate Administration Platform Technical Services Ongoing
B.4.3 Develop Residential Rebate Platform Report Template Within 120 days of NTP
of Task B.4
B.4.4 Develop Customer Feedback Form Within 120 days of NTP
of Task B.4
Task B.5 Residential Rebate Services Data Management and Invoicing B.5.1 Data Management Ongoing
B.5.2 Invoicing 15th of each month
Task B.6 Residential Rebate Services Close Out
B.6.1 Resolve Outstanding Jobs in Progress Ongoing
B.6.2 Develop and Submit Final Program Report Within 30 days of end of Term
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 54 of 62
Table 3 – Turnkey Installation Program Schedule of Performance Task Due Date
Task C.1 Turnkey Installation Program Planning and Kick Off
C.1.1 Program Kick-Off Meeting Within 15 days of NTP
C.1.2 Update TI Program Policies and Procedures Manual Within 30 days of NTP
C.1.3 Update TI Customer Site Assessment Report Within 30 days of NTP
C.1.4 Update TI Customer Site Assessment Agreement Within 30 days of NTP C.1.5 Update TI Program Participation Agreement Within 30 days of NTP
C.1.6 Update TI Project Completion and TI Customer Feedback
Forms
Within 30 days of NTP
C.1.7 Update Customer Information System Within 30 days of NTP
C.1.8 Update TI Program Report Template Within 30 days of NTP C.1.9 Update TI Program Invoice Template Within 30 days of NTP
C.1.10 Provide Eligible Measure List Updates Within 30 days of NTP
C.1.11 Enroll in State or Local Financing Programs Within 30 days of NTP Task C.2. Turnkey Installation Program Implementation
C.2.1 Implement Marketing and Outreach Activities Ongoing
C.2.2 Develop Schedule of Activities Ongoing
C.2.3 Perform TI Customer Site Assessments and Deliver TI Customer Site Assessment Report Ongoing
C.2.4 Execute TI Program Participation Agreement, Collect Customer Payments, and Enroll Customers in Financing Programs
Ongoing
C.2.5 Install Measures and Provide Post-Installation Quality Control Ongoing
C.2.6 Provide Customer Service, Feedback and Issue Resolution Ongoing
Task C.3 Turnkey Installation Program Invoicing and Reporting
C.3.1 Data Management Ongoing
C.3.2 Reporting 15th of each month C.3.3 Invoicing 15th of each month
Task C.4 Turnkey Installation Program Close Out
C.4.1 Resolve Outstanding Jobs in Progress Ongoing
C.4.2 Develop and Submit TI Program Final Report Within 30 days of end of Term
☒Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section
1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 55 of 62
EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in this Exhibit C.
The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) shall not exceed Two Million Seven Hundred and Forty Thousand Dollars Four Hundred ($2,740,400) for the Term of the Agreement and as set forth in Table C-1. Table C-1 sets forth the not-to-exceed (NTE) price for completing price per task,
and such not to exceed amounts include all of CONSULTANT’s costs, including, without
limitation, administrative costs, marketing/outreach costs, and direct implementation (materials and labor) costs. The CONSULTANT shall provide Additional Services only by advanced, written authorization from the CITY, as described in Section 4. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.
CONSULTANT understands that CONSULANT’s receipt of compensation under this Agreement will depend on: i) the number of customers who opt to participate in the Home Efficiency Genie Program; ii) the level of Residential Rebate Services requested by CITY; and iii) whether CITY provides written authorization to implement the Turnkey Installation Program
and the number of customers who opt to participate in the Turnkey Installation Program.
CONSULTANT must also satisfactorily complete invoicing activities as described in Exhibit A, Tasks A.7.3, B.5.2, and C.3.3. CITY makes no guarantee, express or implied, regarding the number of customers who will participate in programs or services covered by this Agreement.
The following Tasks have annual not-to-exceed (NTE) amounts defined in Table C-1:
i. Energy and Water Advising Services, Marketing, and Trade Ally Management;
ii. Home Efficiency and Electrification Assessments;
iii. Residential Rebate Administration Platform Development;
iv. Residential Rebate Administration Platform Technical Services.
The following Tasks have a total NTE amount over the Term of the Agreement defined in Table C-1:
i. Advanced Heat Pump Water Heater Pilot Advising Services;
ii. Development of Residential Rebate Eligible Measure List;
iii. Development of Residential Rebate Administration Platform;
iv. Turnkey Installation Program.
Any work performed or expenses incurred for which payment would result in a total amount exceeding the annual NTE amount of compensation set forth in Table C-1 shall be at no cost to the CITY.
The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed Two Million Nine Hundred and Forty Thousand Four Hundred Dollars ($2,940,400) for the
Term of the Agreement, as set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services within the amounts set forth in Section 4.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 56 of 62
Table C-1 – Total Compensation Not to Exceed (NTE) Amounts
Task Subtasks Year 1
NTE
Year 2
NTE
Year 3
NTE
Year 4 NTE Total
NTE
Task A: Home Efficiency Genie Program
Energy and Water Advising Services, Marketing, and Trade Ally Management
$250,000 $250,000 $250,000 $250,000 $1,000,000
Advanced Heat Pump Water Heater Pilot Advising Services $270,000 $270,000
Home Efficiency and Electrification Assessments $160,000 $160,000 $160,000 $160,000 $640,000
Task B: Residential Rebate Program Services
Residential Rebate Eligible Measure List $7,500 $7,500
Residential Rebate Program Support $50,000 $50,000 $50,000 $50,000 $200,000
Rebate Administration Platform Development $75,700 $75,700
Rebate Administration Platform Technical Services $11,800 $11,800 $11,800 $11,800 $47,200
Task C: Turnkey Installation Program $500,000 $500,000
Total Task A-C NTE $2,740,400
Additional Services $50,000 $50,000 $50,000 $50,000 $200,000
Maximum Total NTE $2,940,400
Task A Home Efficiency Genie Program Compensation CITY will compensate CONSULTANT for Energy and Water Advising Services, Marketing, and Trade Ally Management based on the hourly rates as set forth in Table C-2, up to NTE
amounts listed in Table C-1.
CITY will compensate CONSULTANT for Advanced Heat Pump Water Heater Pilot Advising Services based on the hourly rates as set forth in Table C-2, up to the NTE amounts listed in Table C-1.
CITY will compensate CONSULTANT the fixed price per Home Assessment (as described in Table C-3) performed by CONSULTANT and approved by CITY, up to the NTE amounts listed in Table C-1.
Task B Residential Rebate Services Compensation
CITY will compensate CONSULTANT for Residential Rebate Program Support based on the hourly rates as set forth in Table C-2 up to the NTE amounts listed in Table C-1. In addition to the NTE amount listed in Table C-1, compensation for Tasks B.3.1, B.3.2. and B.3.3 have an additional cost/hours limitation. Specifically, CONSULTANT may only process rebate
applications for Tasks B.3.1, B.3.2. and B.3.3 up to a maximum of one and three quarters (1.75)
hours per rebate application. CONSULTANT must receive CITY’s approval to process rebate applications that exceed the maximum hours. Upon mutual agreement on scope and price, with written authorization from the CITY in writing
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 57 of 62
via email, and with CITY’s approval of Residential Rebate Eligible Measure List, CITY will compensate CONSULTANT a fixed price, not exceeding that shown in Table C-1, for CONSULTANT’s development of Residential Rebate Eligible Measure List.
Upon mutual agreement on scope and price, with written authorization from the CITY in writing
via email, CITY will compensate CONSULTANT a fixed price, not exceeding that shown in Table C-1, for CONSULTANT’s development of a Rebate Administration Platform. City will compensate CONSULTANT for development of the Rebate Administration Platform once CITY has determined that CONSULTANT’s Rebate Administration Platform can be successfully used
to process CITY customers’ rebates. Also at the time CITY determines Rebate Administration
Platform can be successfully used to process CITY customers’ rebates, CONSULTANT will commence submitting bi-annual invoices for 50% of annual Technical Services fees, not exceeding the amount shown in Table C-1.
Task C Turnkey Installation Program Compensation
If authorized by the CITY in writing via email, CONSULTANT will leverage its technical expertise and local experience to implement “Task C - Turnkey Installation Program” as set forth in Exhibit “A” Scope of Services.
Upon CITY approval of the updated Table C-4, CITY will compensate CONSULTANT on a
fixed price (the Cost per Unit) per Eligible Measure, installed by CONSULTANT and approved by CITY as set forth in Table C-4 Turnkey Installation Program Eligible Measure List. The figures set forth in Table C-4 includes all of CONSULTANT’s costs to perform all of the Services listed in this Agreement that correspond to that TI Program Eligible Measure, including,
without limitation, CONSULTANT’s administrative costs, marketing and outreach costs,
implementation (materials and labor) costs. No additional fees or charges will be required of CITY or its customers for CONSULTANT to perform the Services listed in this Agreement. The CITY bears no responsibility for any of CONSULTANT’s costs and/or compensation to
CONSULTANT associated with customer Co-Payments, or any other payments from
participating customers related to their participation in the Turnkey Installation Program, including any extended warranties or additional services customers may select. All such compensation will remain the sole the responsibility of customers who may elect to participate in the Turnkey Installation Program (see Exhibit A, Section III(c), “Turnkey Installation Program
Cost Allocation”).
Template C-1 Program Eligible Measure Cost Per Unit Summary
Measure Number
Eligible Measure Description
Unit of Measure Maximum Quantity per Home*
Measure Compensation Annual kWh savings
Annual kW savings
Annual Therm savings
Annual GHG savings
Expected Useful Life (EUL)
Source Effective Period Extended Parts and Labor Warranty Compensation Table C-2 Hourly Rates Position Year 1 Hourly Rate Year 2 Hourly Rate Year 3 Hourly Rate Year 4 Hourly Rate
Program Manager $154 $165 $173 $183
Residential Auditor $85 $90 $96 $102
Energy Advisor $80 $85 $90 $95 Operations Specialist $93 $99 $104 $110
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 58 of 62
Marketing Account Manager $120 $127 $135 $143
Designer / Copywriter / Editor $93 $98 $104 $110
Table C-3 Home Efficiency and Electrification Assessment Compensation Type of Assessment Year 1 Rate Year 2 Rate Year 3 Rate Year 4 Rate Virtual $450 $475 $500 $525
In-Home $650 $683 $716 $750
Advanced In-Home $750 $788 $827 $870
Table C-4 Turnkey Installation Program Eligible Measures
# Turnkey Installation Program Eligible Measure Market Segment Unit of Measure
Compensation for Installed Eligible Measure
1 Onsite assessment and recommendations SFm/MFm Household N/C1
2 Heat Pump Water Heater - 50 Gallon2 SFm/MFm Unit $6,750
3 Heat Pump Water Heater - 65 Gallon2 SFm/MFm Unit $7,500
4 Heat Pump Water Heater - 80 Gallon2 SFm/MFm Unit $8,250
5 Add circuit breaker to electrical panel/run a circuit SFm/MFm Unit $1,700
6 HPWH Permit Costs (Electrical & Plumbing) related to HPWH installation work2 SFm/MFm Unit Pass-through
1 Charge for Onsite assessment and recommendations is $250 if CONSULTANT does not install a heat pump water heater at the site.
2Work includes: remove existing gas water heater, properly dispose of the old water heater, cap the gas line, install an appliance circuit and disconnect (as required per manufacturer’s instruction), install the drain pan, install the heat pump water heater per manufacturer’s instruction based on location, install new safety straps, install venting per manufacturer’s instructions, install expansion tank, complete the job closure paperwork, photos & signatures, standard one (1) year labor warranty, and manufacturer's product warranty.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 1 of 62
EXHIBIT D INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES
AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 2 of 62
B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 1 of 62
EXHIBIT E DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition,
repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement
with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited
to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but
not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section
1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of
any contract for public work, as defined in this chapter, unless currently registered and qualified
to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract
is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for
public work on a public works project unless registered with DIR. Additional information
regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time. CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is
required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to: Keep accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
Professional Services Rev. Dec.15, 2020 Page 2 of 62
The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed
subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified
payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum
total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location
of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to
work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar
week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours
per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in
Section 1815. CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file
with the CITY a statutorily prescribed statement acknowledging its obligation to secure the
payment of workers’ compensation to its employees before beginning work (Labor Code 1861). CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)). CONSULTANT shall comply with the statutory requirements regarding employment of
apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will
be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
POLICY S
This polic
public in
stored an
“Users”)
complian
the City.
damage,
User, or
third par
report lo
procedur
employe
this poli
disciplina
with Fed
PURPOSE
Informat
proprieta
shall use
unauthor
use. Bec
to its se
exercise
procedur
PROCEDU
IT has ad
inform a
and the
this polic
TATEMENT
cy describes
nformation
nd transmitt
must main
nce of Non‐P
. The failure
liability or l
any person
rty vendors
oss, damage
re to their
e designate
icy and pro
ary or other
eral, Californ
E
tion pertain
ary capacitie
e best effort
rized acces
cause the Cit
ensitive natu
reasonable
re applies on
URES
dopted Infor
nd train aut
Standards. T
cy.
I
s the inform
(the “Non‐P
ted by the C
tain the acc
Public Inform
e to comply
oss in regar
who transac
, and other
or disclosur
supervisor
d by the City
ocedures, in
action impo
nia and City
ing to the
es, is a vital a
ts to protect
ss, availab
ty is require
ure and val
and approp
nly to an Aut
rmation Secu
horized use
The authori
Pa
NFORMATIO
ation securi
Public Infor
City of Palo
cessibility, a
mation creat
y with this
rd to the pro
cts business
r governme
e of Non‐Pu
or the Info
y’s Informat
ncluding th
osed or take
laws, ordina
business o
asset of the
t the inform
ility, altera
ed by applica
lue, an Aut
priate care
thorized Use
urity Standa
rs on the re
zed user sh
age 1 of 4
ON SECURITY
ty policy an
rmation”) cr
Alto (the “C
availability, c
ted, collecte
policy and
operty or rep
with the Cit
ntal agencie
blic Informa
ormation Se
tion Technol
e failure to
n by the City
ances, rules
of the City,
City. An Au
mation cover
ation, dest
able law to
horized Use
in conformi
er’s access to
rds (the “St
quirements
all comply w
PO
Y POLICY
d procedure
reated, coll
City”). City
confidential
d, processed
procedures
putation of t
ty, including
es. Authori
ation or othe
ecurity Man
logy Departm
o report th
y or other af
and regulat
acting in
thorized Use
red by this
truction, d
protect the
er of the N
ing to appli
o and use of
andards”) to
contained i
with the Sta
OLICY AND PRO
Revise
es for the pr
ected, proc
employees
ity, integrity
d, stored an
s could resu
the City, ano
g the City’s u
ized Users
er violation o
nager (the
ment (the “
he violation
ffected pers
ions.
both its go
er of Non‐Pu
policy and
isclosure,
Non‐Public
Non‐Public I
icable laws.
f Non‐Public
o enforce th
n this policy
andards, in c
OCEDURES 1‐
ed: December
rotection of
cessed, rece
and officials
y and regul
nd transmitte
ult in substa
other Autho
utility custom
are obligate
of this policy
“ISM”) or o
IT”). Violati
n, could inc
on in accord
overnmental
ublic Inform
procedures
modification
Information
nformation
This policy
Information
his policy. IT
y and proced
conjunction
‐63/IT
r 2017
non‐
eived,
s (the
atory
ed by
antial
orized
mers,
ed to
y and
other
on of
clude
dance
l and
ation
from
n or
n due
shall
y and
n.
T shall
dures
with
DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750
EXHIBIT F
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
POLICY AND PROCEDURES 1‐63/IT
Revised: December 2017
Page 2 of 4
A.Covered Equipment and Devices
This policy applies to all City‐approved, ‐owned or –leased computer network systems and
peripheral equipment (the “Equipment”), including any mobile communication device (the
“Device”), whether or not owned by an Authorized User, that may be used to create,
collect, process, store and transmit the Non‐Public Information.
B.Roles of Information Technology Department and Others
IT, including the Chief Information Officer (“CIO”) and the ISM, shall promote information
security awareness within the City government community, and shall receive and maintain
reports of incidents, malfunctions and threats to the City’s information technology assets,
which may have a security impact upon the City. The CIO and ISM are also responsible for
developing the Standards.
IT shall be responsible for the design, primary enforcement and maintenance of Non‐Public
Information security through education, training and other means. IT shall ensure that the
following control measures and standards are enabled on every Equipment and Device:
Limit physical and login access to the Equipment and the Devices to Authorized Users.
Maintain the most current software patches and anti‐virus software for the Equipment and
the Devices.
Enable and use host‐based firewalls, as available, to ensure the security of the Equipment
and the Device(s). Perform regular security scans on the Equipment and the Device(s).
C.User Access Control Requirements
1.Do not access Non‐Public Information except to the extent you have a need to do so
in order to perform your City duties.
2.Do not disclose or share Non‐Public Information with any person who does not have
both a right to access the Non‐Public Information and a need to do so in order to
perform their City duties.
3.Do not alter or destroy Non‐Public Information except to the extent you are
required or authorized to do so.
4.An Authorized User who has access to Non‐Public Information shall protect and
secure that information while the information is in his or her custody in a manner
that is consistent with applicable contract and legal requirements and restrictions
and is reasonable and appropriate to the level of risk, sensitivity or value the Non‐
Public Information has to the City.
5.An Authorized User shall maintain the accessibility, availability, confidentiality,
integrity and regulatory compliance of any Non‐Public Information that is created,
DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
POLICY AND PROCEDURES 1‐63/IT
Revised: December 2017
Page 3 of 4
collected, processed, stored and transmitted by the City on a 24 hours‐per‐day, 7
days‐per‐week (“24/7”) basis.
6.An Authorized User shall maintain the protection of information assets from
malicious code, including viruses and malware by following the City’s incident
management procedures, including detection, prevention, isolation, and recovery
tools.
D.Equipment and Devices Security Control Requirements:
1.Secure your Equipment and Devices by using a screen saver or built‐in lock
feature when you are physically away from your office or other work space.
2.Restrict physical access 24/7 to your Equipment and Devices, in particular, your
laptop computer, by a lock and security cable, if the City makes them available.
3.Maintain possession of your Device(s) 24/7 and require a password or fingerprint
to access and use the Device(s).
4.Log out when you cease access and use of Equipment and Device(s).
5.Notify the IT Help Desk and the ISM immediately whenever you become aware
or suspect Non‐Public Information, passwords, or other access control
mechanisms have been compromised, disclosed, lost, or stolen.
6.Do not intentionally, recklessly or willfully alter, damage, or misuse any City‐
owned or –leased Equipment or Device.
7.The user shall comply with the Policy and the Standards whenever he or she uses
a City Owned Mobile Device (“COMD”) and or Employee‐Owned Mobile Devices,
also known as Bring Your Own Devices (“BYOD”) to conduct the City business.
8.BYODs and COMDs include smartphones, cell phones, tablets PCs (Androids,
iPads, etc.) and user‐own laptops. Only authorized BYOD shall have access to the
only authorized City’s application systems. The City reserves the right to provide
or withdraw access to the City infrastructure without notice.
E.Utilities’ Customer Identity and Credit Security
Federal regulations amending the Fair Credit Reporting Act, including the Fair and Accurate
Credit Transactions Act of 2003 (FACT Act), and the Red Flags Clarification Act of 2010,
protect the Non‐Public Information of customers of financial institutions, including utilities,
that are defined as “creditors.” These regulations require that consumer’s Non‐Public
Information, such as credit card data, Social Security Numbers, driver’s license numbers, or
similar data be secured by Authorized Users and within the City’s data management
systems. Authorized Users are required to report any suspected or real breach of Utilities
Non‐Public Information to the ISM immediately. The ISM will identify, detect, prevent and
mitigate the suspected, real or future breaches of security, as required by the regulations.
F.Violations and Enforcement
An Authorized User must report an actual or suspected violation of this policy and
procedures to his or her supervisor and IT. The City will not discipline an Authorized User
DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
POLICY AND PROCEDURES 1‐63/IT
Revised: December 2017
Page 4 of 4
for making a good faith report of a potential violation of this policy and procedures or the
Standards.
A violation of this policy will be investigated by the appropriate City staff and if a violation is
established, disciplinary action up to termination from employment may result.
NOTE: Questions regarding this policy should be referred to the Information Technology
Department, as appropriate.
DocuSign Envelope ID: 897C8B83-065B-4577-825E-268F4B08F750DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
City of Palo Alto Information Security Document Version: V3.0 Doc: InfoSec 110
Page 1 of 3
EXHIBIT “G”
CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City,
as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider,
shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of
the City's customers. The Consultant shall fulfill the data and information security requirements (the "Requirements") set forth in Part A below.
A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as
set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM").
Part A. Requirements:
The Consultant shall at all times during the term of any contract between the City and the Consultant:
(a)Appoint or designate an employee, preferably an executive officer, as the security liaison to theCity with respect to the Services to be performed under this Agreement.(b)Comply with the City's Information Privacy Policy:(c) Have adopted and implemented information security and privacy policies that are documented,are accessible to the City, and conform to ISO 27001/2 – Information Security ManagementSystems (ISMS) Standards. See the following:http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297(d)Conduct routine data and information security compliance training of its personnel that isappropriate to their role.
(e)Develop and maintain detailed documentation of the IT infrastructure, including softwareversions and patch levels.(f)Develop an independently verifiable process, consistent with industry standards, for performing
professional and criminal background checks of its employees that (1) would permit verificationof employees' personal identity and employment status, and (2) would enable the immediatedenial of access to the City's confidential data and information by any of its employees who no
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
City of Palo Alto Information Security Document Version: V3.0 Doc: InfoSec 110
Page 2 of 3
longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-based access control ("RBAC") and segregation of duties ("SoD") mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT
architecture. (j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging.
(m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties.
(p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s) of a third-party service provider(s), as applicable. The scope of these audits will extend to the
Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted
at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment). (s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this Agreement, all of those records relating to the performance of the Services shall be provided to the ISM.
(t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient. (v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City for the systems and services the Vendor provides to the City.
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E
City of Palo Alto Information Security Document Version: V3.0 Doc: InfoSec 110
Page 3 of 3
(x) Provide and support Single Sign-on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allow two employees of the City to have superuser and super-admin access to the Vendor's IT environment, and a cloud-hosted IT environment belongs to the City. (y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment, including, without limitation, IT infrastructure communications.
(z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s EXHIBIT “D” INSURANCE REQUIREMENTS. Part B. Alternate Requirements:
DocuSign Envelope ID: 60C7557D-72BA-4CC4-8E7B-B26F4DF01D0E