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07-138, Regrid Power AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CUPERTINO AND REGRID POWER 032708 THIS IS AN AGREEMENT MADE ON II /;9 ft.~ BETWEEN THE CITY OF CUPERTINO (hereinafter referred to as City), and REGRID POWER (hereinafter referred to as Consultant). City intends to hire Consultant to prepare a feasibility study for solar power generation at Blackberry Farm, as part ofthe Stevens Creek Corridor Project (hereinafter referred to as Services). Consultant is qualified and prepared to provide such Services. PROJECT BACKGROUND City is redeveloping property (Blackberry Farm) purchased for a community park. The new park will have an environmental emphasis. The working name for the park project is Stevens Creek Corridor Park. The total acreage owned, or on long-term lease to City, is 60 acres. Given the size and complexity of the project, the park will be constructed in phases. Currently, City is refining design for Spring 2008 construction. SERVICES TO BE PERFORMED BY CONSULT ANT The following services shall be performed as a part of this contract agreement: . Analysis of cost to install a solar system on the proposed 1600 square foot golf maintenance building. The site of the building was field reviewed with Consultant on October 5, 2007. . Analysis of feasibility of adding solar panels to existing park structures and expected payback. . Specific elements to analyze for power by alternative energy include: a charging station for electric maintenance vehicles and equipment, powering the environmental classroom, and running recirculation pumps for the swimming pools in the off-season (265 days). (The environmental classroom is approximately 3000 feet from the golf course maintenance-building site.) . Analysis of ease of use, and maintenance efficiency for various systems. City desires a system that is easily understood by seasonal park employees. City of Cupertino Regrid Power Services Agreement Page 1 of 4 DELIVERABLES Consultant's final report shall outline, in a general manner, the types of solar systems that might be suitable for the Stevens Creek Corridor Project. Consultant's report will inform decision-making by the Cupertino City Council, who must approve of expending City funds on a solar installation. Consultant will present findings at a City Council meeting. Consultant is aware that any specific recommendations or references to specific, or proprietary equipment Consultant distributes might disqualify Consultant from bidding the construction project in the future. Consultant will refer to equipment in terms of performance specifications. Consultant's report shall address current electrical costs to City, the performance factors City must consider in selecting equipment, the financial benefits of solar, and how City might minimize installation costs, power generation and system size vs. available budget to augment the site electrical consumption with solar power. The City Council will rely on Consultant's analysis to determine whether it is in the community's interest to invest in solar at this time. Consultant shall include a general discussion of equipment warranty and how the cost to purchase equipment relates to expected warranty and expected useful life. City requires information on the relative weight of solar panels to develop the roof plans To the extent that rebates are available to public agencies, report should discuss the timing and availability. Ifthere are any issues relative to purchasing equipment - that drives the schedule for bidding the project-we need to know what those lead times are. COMPENSATION Compensation for Services performed under this Agreement shall be $10,000. This shall include all travel and other appurtenant expenses. This shall include attendance at one City Council meeting. This fixed fee for Service shall not be changed, except in the case of a written amendment to the Agreement. City of Cupertino Regrid Power Services Agreement Page 2 of 4 PERIOD OF SERVICE Consultant's report shall be delivered to the Director of Parks and Recreation, by February 10, 2008, with a presentation to the City Council tentatively scheduled for February 19,2008. CITY RESPONSIBLITIES City will provide background information on energy consumption and available information on the existing electrical system. City will arrange meetings as requested by Consultant for efficient information gathering and evaluation. STANDARD OF CARE Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a professional Consultant under similar circumstance and Consultant shall, at no cost to City, re-perform services which fail to satisfy the foregoing standard of care. INDEPENDENT CONTRACTOR Consultant undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. Consultant shall work closely with City in performing Services under this Agreement. City of Cupertino Regrid Power Services Agreement Page 3 of 4 EXECUTION IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. City of Cupertino By ~~ Date Theres Ambrosi SmIth, DIrector Department of Parks and Recreation L ( . '2- (ft- ()'1- REgrid Power B~~L ~ Date oug Pa e, DI tor of Commercial Business Development if - /9 -0 ~ Approved as to Form :/ // ./ .,// . ,// . /": ~, .. By ~~:>_. Charles T. Kilian City Attorney ./ Date I;/)~~ 2 / ,/ City of Cupertino Regrid Power Services Agreement Page 4 of 4