HomeMy WebLinkAbout2023-01-10; City Council; Resolution 2023-002RESOLUTION NO. 2023-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
A MEMORANDUM OF UNDERSTANDING WITH THE ENERGY COUNCIL TO
DEVELOP A HOME ENERGY SCORE DEMONSTRATION PILOT PROGRAM
WHEREAS, the Energy Council, which is a California joint exercise of powers agency, is
partnering with Pacific Gas & Electric, which is a combined natural gas and electric company based in
San Francisco, on a home energy score demonstration pilot program using the U.S. Department of
Energy's home energy score tool for use in reach codes (i.e., local requirements that exceed the
California Energy Code) of local jurisdictions; and
WHEREAS, the Energy Council has received funding to pilot a program using the Department of
Energy's home energy score tool through the Bay Area Regional Energy Network; and
WHEREAS, the City Council adopted Ordinance No. CS-347 on March 12, 2019, which includes
a "reach code" that references the home energy score as an option for compliance or exemption from
other energy efficiency requirements; and
WHEREAS, the Energy Council has received funding through the Bay Area Regional Energy
Network for development and implementation of a home energy score pilot program in local
jurisdictions located outside of the San Francisco Bay Area; and
WHEREAS, the city has an existing Home Energy Score Assessment Program with a current pilot
that provides free, customized scores to residents on a first-come, first-served basis; and
WHEREAS, the city and the Energy Council desire to enter into a formal agreement for the
Energy Council to provide the city with policy support and home energy score pilot program
development, assessor trainings, database project tracking, incentive funding coordination, outreach
development and other related services for a term of one year with an option to extend for one
additional one-year period or parts thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager or designee is hereby authorized and directed to execute the
Memorandum of Understanding, attached hereto as Attachment A, with the Energy
Council for a Home Energy Score Pilot Program.
3.That the City Manager or designee is hereby authorized to extend the Memorandum of
Understanding as described in Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
Kf lTH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND ENERGY COUNCIL
Attachment A
FOR A HOME ENERGY SCORE DEMONSTRATION PILOT PROGRAM
THIS Memorandum of Understanding ("MOU") is made this_ th day of January 2023, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as the City, and ENERGY COUNCIL, a California joint exercise of powers agency, hereinafter referred to as Energy Council.
RECITALS
WHEREAS, Energy Council is partnering with Pacific Gas & Electric ("PG&E") on a home energy score ("HES") demonstration pilot program and using the U.S. Department of Energy's ("DOE") HES tool for use in reach codes of local jurisdictions (i.e., local requirements that exceed the California Energy Code); and
WHEREAS, Energy Council has received funding to pilot a program using the DOE's HES tool through the Bay Area Regional Energy Network (Bay REN); and
WHEREAS, the City adopted a Reach Code that references the DOE's HES as an option for compliance or exemption from other energy efficiency measures; and
WHEREAS, Energy Council has received funding through the BayREN for development and implementation of an HES pilot program in local jurisdictions located outside of the San Francisco Bay Area, and
WHEREAS, the City has an existing HES Assessment Program with a current pilot that provides free, customized scores to residents on a first-come first-served basis; and
WHEREAS, the City and Energy Council desire to enter into a formal agreement for Energy Council to provide the City with policy support and HES demonstration pilot program development, assessor trainings, database project tracking, incentive funding coordination, outreach development, and other related services.
NOW, THEREFORE, IN CONSIDERATION OF THESE RECITALS AND THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows:
I.DEFINITIONS
"Department of Energy" shall mean the federal executive division responsive for
coordinating and administering national energy policy.
"Home Energy Score" shall mean the tool developed by DOE and its national
laboratories to provide homeowners, buyers, and renters directly comparable and credible
information about a home's energy use.
"Reach Code" requires building energy performance beyond what is required by the
current California Building Energy Code and is codified in Chapter 18.30 'Energy
Conservation Regulations' of the Carlsbad Municipal Code.
"Demonstration Pilot Program" means the development of a program within the City to
deploy DOE's HES tool in support of the City's Reach Code.
II.DEMONSTRATION PILOT PROGRAM SUPPORT. Energy Council will provideprogram support to the City as detailed in attached Exhibit "A", which is incorporated by this
reference.
III.PAYMENT. Energy Council will provide support services for the HES pilot program at no
cost to the City, and in return, Energy Council will have the opportunity to pilot the HES tool in
the City.
IV.MUTUAL INDEMNFICATION.
A.Energy Council agrees to indemnify, defend, and hold harmless the City and its
officers, officials, employees, and volunteers from and against all claims, damages, lossesand expenses including attorneys' fees, arising out of the Energy Council's development
of the pilot program, caused by any negligence, recklessness, or willful misconduct of
Energy Council, any subcontractor, or anyone directly or indirectly employed by any of
them. This section will survive the expiration or early termination ofthis MOU.
B.City agrees to indemnify, defend, and hold harmless Energy Council and its
officers, officials, employees, and volunteers from and against all claims, damages, losses
and expenses including attorneys' fees, arising out of the City's pilot program, caused by
any negligence, recklessness, or willful misconduct of the City, any subcontractor, or
anyone directly or indirectly employed by any of them. This section will survive the
expiration or early termination of this MOU.
V.INSURANCE. Energy Council will obtain and maintain for the duration of the MOU and
any and all amendments, insurance from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current Best's Key
Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X"; OR an alien non-admitted insurer listed by the National Association of InsuranceCommissioners (NAIC) latest quarterly listings report.
A.Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
B.Workers' Compensation and Employer's Liability. Workers' Compensation limits
as required by the California Labor Code. Workers' Compensation will not be required if
Energy Council has no employees and provides, to City's satisfaction, a declaration stating
this.
C.Professional Liability. Errors and om1ss10ns liability appropriate to Energy
Council's profession with limits of not less than $1,000,000 per claim. Coverage must bemaintained for a period of five years following the date of completion of the work.
D.Additional Provisions. Energy Council will ensure that the policies of insurance
required under this MOU contain, or are endorsed to contain, the following provisions:
E.The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
F.Energy Council wi11 obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
G.This insurance will be in force during the life of the MOU and any extensions of it
and will not be canceled without thirty (30) days prior written notice to City sent by
certified mail pursuant to the Notice provisions of this MOU.
H.Nothing in this section shall prohibit Energy Council from being self-insured in
the manner and to the extent that Energy Council self-insures for similar risks with
respect to its operations, equipment and property. The manner in which such self-insured
is provided and the extent of such self-insurance shall be set forth in a letter of selfinsurance, delivered to City and signed by an authorized representative of EnergyCouncil, which fully describes the self-insurance program and how the program covers
the risks set forth herein. If, at any time during the term of this MOU, Energy Council
elects not to self-insure, Energy Council shall notify the City and the insurance
requirements specified herein shall apply.
VI.TERM. The term of this MOU shall extend for a period of one (1) year from the date first
above written. The MOU may be extended upon mutual agreement of the parties for one (1)
additional one (1) year period or parts thereof, and executed by the City Manager or designee,
based on the availability of funding for the pilot program. The parties will prepare a written
amendment indicating the effective date and length of the extended MOU.
Vil. TERMINATION. This MOU may be tenninated at any time by either party upon seven (7)
calendar days written notice to the other party.
VIII.AMENDMENT. This MOU may be amended by mutual written agreement of the parties.
TX. ENTIRE AGREEMENT. This MOU, together with any other document refened to or
contemplated herein, embody the entire agreement and understanding between the parties relating
to the subject matter hereof. Neither this MOU nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
X.SEVERABILITY. The provisions of this MOU are severable. Should any provision herein
be found or deemed to be invalid, this MOU shall be construed as not containing such provision
and all other provisions which are otherwise lawful shall remain in full force and effect.
XI.COUNTERPARTS. This MOU may be executed in counterpart, all of which when put
together shall constitute one and the same document.
XII.NOTICE. The name of the persons who are authorized to give written notice or to receive
written notice on behalf of City and on behalf of the Energy Council under this MOU.
For City
Name Katie Hentrich ________ _
Title Senior Program Manager ____ _
Department
Address
Environmental Sustainability
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Phone No. 442-339-2623
Email katie.hentrich@carlsbadca.gov
ForEner�y Council
Name Emily Alvarez _________ _
Title Program Manager _________ _
Address 103 7 Webster St.
Oakland, CA 94612
Phone No. 510-891-6585
Email EAlvarez@stopwaste.org
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.
IN WITNESS THEREOF, the parties hereto have executed this MOU on the date first abovewritten.
ENERGY COUNCIL CIT OF CARLSBAD, a municipalco oration of the State of California
By:
(sign here)Byscotitl�CK, Cicy Manag�
(print name/title)
ATTEST:
By:
(sign here)� SHERRY PREISINGER, City Clerk
(print name/title)
APPROVED AS TO FORM:
CINDIE McMAHON, City Attorney
,,✓,fl:_._ l �--C..__, � City Attorney
Exhibit "A"
Scope of Services
Energy Council will providing the following services to the City:
•Set a goal for number of assessors needed to meet the City's program goals;•Utilize DOE HES partnership to enroll and support local assessors to complete scores,
process scores, and comply with the DOE requirements for QA of scores;•Train assessors (in-person) and provide required DOE mentorship (in person or virtual) to
grow a pool of qualified assessors in the North County San Diego region;•Create and maintain a qualified professionals list of assessors;•Advise on the design of and funding incentives to kickstart use of the pilotprogram;•Determine database customization needs, and customizing existing HES database for
generating and tracking scores to include climate zone, utility, and other information as
needed;
Develop a custom HES report with jurisdiction branding, desired recommendations, and
connections to local incentive or upgrade programs;•Design collateral and messaging for HES program outreach;•Publish monthly dashboards highlighting program participation and accomplishments;
and
Draft pilot program reporting, including evaluation, accomplishments, suggestions for
improvements, and creating a transition plan for implementation of HES program at the
conclusion of pilot program.
City staff will coordinate with Energy Council as follows:
Engage City decision-makers and seek to secure relevant approvals for pilot program
implementation;
Coordinate with City staff responsible for Reach Code implementation, such as building
departments, sustainability staff, and permit counter staff;
Present the policy before City Council and key stakeholder groups, as needed;
Implement the requirements of the City's Reach Code, including processing HES projects
when they are triggered by existing Reach Code policies;
Help coordinate logistics of in-person assessor trainings, including contacting local work
force and securing training locations; •Design and seek to offer pilot program incentives;
Determine database and report customization needs;•Utilize and co-branding outreach materials provided by Energy Council;•Participate in regularly scheduled project team meetings; and
Determine whether to phase-out or continue implementation of HES program after the
pilot program concludes.