11-099 Agreement, Growing Greener Blocks and GreenBiz Cupertino E C ' 'ORy COPY
SUMMARY PAGE
Dept. Contract No.: 017CECF
Agency: City of Cupertino
Project: Growin. Greener Blocks and GreenBiz Cupertino
Description: The City of Cupertino will implement two projects.
The Growing Greener Blocks project will launch a new
initiative to engage neighborhoods in the suite of
environmental services offered by the city to support energy
efficiency, water conservation, materials management and
financial savings among all of Cupertino's homes.
The GreenBiz Cupertino project will provide capacity, offer
incentives and support business enrollment in the Santa Clara
County Green Business Program. The program is targeted at
small and medium sized office spaces and restaurants to
address greenhouse gas emissions through energy and water
conservation.
Funding Source: Community Energy Champions Innovator Pilot
Grant Award Not to Exceed: $ 31,500
Payment Terms: See Exhibit D
.August 1, November 30,
Agreement Term: Start Date: 2011 End Date: 2012
PARTIES TO AGREEMENT:
GRANTE CITY OF SAN JOSE
Agency Name: City of Cupertino Silicon Valley Energy Watch
Address for Legal 10300 Torre Avenue 200 E. Santa Clara Ave.
Notice:
Cupertino, CA 95014 San Jose, CA 95113
City /State /Zip Code:
Erin Cooke Michael Foster
Attention:
erin @cupertino.org Michael.foster @sanjoseca.gov
Email Address:
408 - 777 -7603 408 - 975 -2601
Telephone No.:
Fax No: 408 - 777 -3366 408 - 292 -6212
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CONTACT INFORMATION
GRANTEE CONTACT PERSON: Erin Cooke
Title: Environmental Affairs Coordinator
Telephone No: 408 - 777 -7603
Fax No: 408 - 777 -3366
Email: erin @cuprtino.org
EXHIBIT LIST
YES N/A
• ❑ Exhibit A: Scope of Services
® ❑ Exhibit B: Monitoring, Evaluation, and Reporting Requirements
® ❑ Exhibit C: Budget Summary
• ❑ Exhibit D: Payments to GRANTEE
® ❑ Exhibit E: General Service Requirements (Special Grant Conditions)
To the extent applicable, the following grant provisions are required for this
AGREEMENT. (Check all provisions that apply.)
ADDITIONAL REQUIRED LANGUAGE ATTACHMENTS
YES N/A (if applicable)
❑ ® CITY of San Jose Funding
❑ ® Federal
❑ ® State
❑ ® County
❑ [7f Other Public Agency
❑ ® Private Funding Agency
® ❑ Exhibit F: Employee/Volunteer Clearance Verification and Compliance with the
Child Abuse and Neglect Reporting Act
® ❑ Exhibit G: Insurance
® ❑ Exhibit H: Compliance with Pacific, Gas and Electric Company Requirements
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I certify that I have read and hereby consent to all the terms and provisions
contained in the attached AGREEMENT, including without limitation, all
exhibits.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
CITY OF CUPERTINO
Grantee Signature: Date: 7 . /
Print Name:
DIkVI 1IJ, �AJ�PG'
Title:
J
City of San Jose, a municipal
corporation
CMO's Signatory Date:
FORM OF AGREEMENT
APPROVED BY THE
OFFICE OF THE CITY ATTORNEY
C ITY OF g
SAN JOSE
CAYIIAL OF SILK 'ow N.AL1LY
A n e°,tO N/ f. t .,
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CITY OF SAN JOSE
GRANT AGREEMENT
This AGREEMENT is made and entered upon execution by CITY, by and between the CITY OF
SAN JOSE, a municipal corporation of the State of California (hereinafter referred to as
"CITY "), and the person or entity identified as GRANTEE on page 1 of the Summary Pages at
the beginning of this AGREEMENT (hereinafter referred to as "GRANTEE ").
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1: RECITALS
WHEREAS, CITY desires to fund grant services to be provided by GRANTEE, through funds
provided to CITY by Pacific Gas and Electric Company ( "PG &E ") ; and
WHEREAS, GRANTEE has the necessary professional expertise and skill to perform such
services;
NOW, THEREFORE, the purpose of this AGREEMENT is to retain GRANTEE to perform
those services specified in EXHIBIT A and in compliance with certain PG &E requirements as
specified in EXHIBIT Hof this AGREEMENT.
SECTION 2: PROGRAM COORDINATION
A. CITY: The Director of the Department identified on the Summary Pages under CITY of San
Jose (hereinafter "DIRECTOR "), or his or her designee, shall be the CITY official responsible
for the program and shall render overall supervision of the progress and performance of this
AGREEMENT by CITY. All services agreed to be performed by CITY shall be under the overall
direction of the DIRECTOR.
B. GRANTEE: GRANTEE shall identify a single project director who shall have overall
responsibility for the progress and execution of this AGREEMENT. Such person is identified on
the Summary Pages as GRANTEE CONTACT PERSON. Additionally, GRANTEE shall
immediately notify CITY in writing should circumstances or conditions subsequent to the
execution of this AGREEMENT require a substitute GRANTEE CONTRACT MANAGER.
GRANTEE's Contract Manager and GRANTEE staff will fully cooperate with the DIRECTOR
relating to the work or services provided hereunder.
SECTION 3: TERM OF AGREEMENT AND GRANT AWARD
A. The term of this AGREEMENT shall commence on the Start Date as set forth in the
Summary Pages and shall expire on the End Date as set forth in the Summary Pages unless
extended or sooner terminated in accordance with the terms of this AGREEMENT. Regardless
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of the date of execution of this AGREEMENT, this AGREEMENT is effective as of the
Commencement Date.
B. If this AGREEMENT is extended, a request to extend this Agreement along with a
description of the revised Scope of Services (EXHIBIT A) documents should be submitted by
GRANTEE to the CITY no less than forty -five (45) days prior to the expiration date. An
extension must be set forth in a written amendment to this AGREEMENT, signed by authorized
representatives of CITY and GRANTEE. Nothing herein commits or binds the CITY to extend
this AGREEMENT which shall be at the sole discretion of CITY, and if additional funds are
required, shall be subject to appropriation of funds by CITY Council.
SECTION 4: GRANT SERVICES
GRANTEE shall perform those services as specified in detail on EXHIBITS A & H entitled
"Scope of Services," and "Compliance with PG &E Requirements" and shall comply with the
terms and conditions of this AGREEMENT ( "Grant Services ").
SECTION 5: PAYMENTS
A. CITY agrees to pay GRANTEE an amount not to exceed the amount set forth on the
Summary Pages ( "Grant Award "), for the services described in EXHIBIT A entitled "Scope of
Services ", and which payment is subject to the terms and conditions set forth in EXHIBITS C
and D entitled "Budget Summary" and "Payment; to GRANTEE and Reporting Schedule."
GRANTEE acknowledges that payments will be rnade by Silicon Valley Community
Foundation. Any costs incurred by GRANTEE above the Grant Award shall be at GRANTEE's
sole cost and expense.
B. GRANTEE will provide CITY with invoices or financial reports signed by the Executive
Director or other authorized agency representative with authority to confirm the accuracy of
reported expenditures on a form approved by the CITY, and to the extent applicable invoices
and/or financial reports shall be in sufficient detail to determine actual costs incurred, hours
services provided, and any indirect, overhead or administrative costs charged to the City.
C. CITY will review invoices or financial reports for adherence to AGREEMENT requirements
and services, and authorize and release payment to GRANTEE based upon claims submitted and
within twenty (20) calendar days from receipt of invoice or financial reports, provided that
GRANTEE is not in default under any provisions of this AGREEMENT.
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D. CITY will not pay for unauthorized services rendered by GRANTEE or for claimed services
which GRANTEE has not provided as required by this AGREEMENT.
E. CITY Manager may, without prior notice to GRANTEE, at any time in his or her absolute
discretion, elect to suspend or terminate payment to GRANTEE, in whole or in part, terminate
work or expenditures by GRANTEE, under this AGREEMENT, or not to make any particular
payment under this AGREEMENT or take any other action available in the event of any of the
following occurrences:
1. If GRANTEE (with or without knowledge) shall have made any material
misrepresentation of any nature with respect to any information or statements
furnished to CITY in connection with this AGREEMENT;
2. If there is pending litigation with respect to the performance by GRANTEE of
any of its duties or obligations under this AGREEMENT which may materially
jeopardize or adversely affect the undertaking of or the carrying out of the Grant
Services;
3. If GRANTEE, without having obtained CITY approval, has taken any action
pertaining to the Grant Services which requires CITY approval;
4. If GRANTEE makes improper use of the Grant Award;
5. If GRANTEE fails to comply with any of the terms and conditions of this
AGREEMENT including without limitation, GRANTEE's failure to carry out the
Grant Services or other obligations as described in any Exhibit to this
AGREEMENT.
6. If GRANTEE submits to CITY any report which is incorrect or incomplete in any
material respect, or is untimely.
SECTION 6: DEFAULT AND TERMINATION OF AGREEMENT
A. CITY may, through CITY's Director, terminate this AGREEMENT without cause by giving
GRANTEE thirty (30) calendar days' written notice.
B. Each of GRANTEE'S obligations under this AGREEMENT shall be deemed material. If
GRANTEE fails to perform any of its obligations under this AGREEMENT, or any other
AGREEMENT with the CITY, CITY may terminate this AGREEMENT upon ten (10) days
advance notice ( "Notice Period ") to GRANTEE, specifying GRANTEE's breach and providing
GRANTEE with the opportunity to cure the specified breach within the Notice Period or in those
instances where the specified breach cannot reasonably be cured within the Notice Period, the
opportunity to commence to cure the specified breach. In the event GRANTEE fails to cure or to
commence to cure the specified breach within the Notice Period, this AGREEMENT shall be
terminated. Without limiting the generality of the foregoing, the occurrence of any one of the
following events shall constitute a default of this AGREEMENT for which CITY may exercise
its right of termination:
1. GRANTEE's breach of any of the representations or warranties contained in this
AGREEMENT;
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2. The occurrence of any of the events set forth in SECTION 5 for suspension or
termination of CITY's payment of the Grant Award.
C. In the event of termination under this SECTION, GRANTEE shall have the following
obligations:
1. No later than thirty (30) days following the date of termination GRANTEE shall
refund to CITY any unused portion of the Grant Award, except that GRANTEE shall
have no obligation to refund to CITY any portion of the Grant Award that was
distributed in accordance with the terns of the AGREEMENT. GRANTEE shall also
provide CITY with a written report detailing the expenditures, if any, from the Grant
Award, including an accounting of its administrative expenses to the date of
termination. GRANTEE shall refund to CITY any portion of the Grant Award
designated for GRANTEE's administrative expenses which was not expended as of
the date of termination. Nothing in this AGREEMENT shall be deemed to be a
waiver of CITY's right to recover from GRANTEE any portion of the Grant Award
that has not been spent in accordance with this AGREEMENT. Upon receipt,
GRANTEE will be paid for services performed and reimbursable expenses incurred
in compliance with the terms of this AGREEMENT to date of termination, unless
other payment terms are explicitly provided in Exhibit D.
2. Upon termination, GRANTEE shall immediately deliver to CITY any and all copies
of materials used or developed for this grant including, but not limited to, all data
collection forms, reports, studies and other work performed, whether or not
completed by GRANTEE or GRANTEE's subcontractor, if any, under this
AGREEMENT.
D. Nothing in this AGREEMENT shall be construed so as to deprive CITY of its rights and
remedies at law or in equity against GRANTEE.
E. CITY's Director is authorized to terminate this AGREEMENT on CITY's behalf.
F. If the term of this AGREEMENT is more than one year, the funding in any year after the first
year may be contingent upon past and pending performance as well as future appropriation by
the CITY Council of the CITY of San Jose, in its sole discretion. If the funding required to pay
for Grant Services for the next fiscal year has not been appropriated by June 30 of any year, this
AGREEMENT will automatically tenninate, effective June 30.
G. CITY may, at its sole option, pursue a course correction process with GRANTEE to address
issues with GRANTEE's performance under this AGREEMENT. However, CITY is under no
obligation to pursue a course correction prior to exercising its rights to suspend payment to
GRANTEE or to terminate this AGREEMENT.
SECTION 7: ACCOUNTING AND FINANCIAL RECORDS
GRANTEE shall establish and maintain at all times, on a current basis in connection with the
provision of Program, an adequate accounting system in accordance with generally accepted
accounting principles and standards and acceptable to Director covering all revenues, costs, and
expenditures with respect to GRANTEE's performance under this AGREEMENT. Grantees
shall maintain its accounting system and shall provide City with reports that separate costs and
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expenses incurred by GRANTEE with City funds as distinguished from costs and expenses paid
for from other funding sources.
SECTION 8: REPORTING REQUIREMENTS
GRANTEE shall submit reports related to GRANTEE's performance under this
AGREEMENT prepared in accordance with EXHIBIT B and, to the extent applicable,
on the schedule specified in EXHIBIT D. The format of the reports shall be as provided
in this Agreement unless otherwise directed by the Director. A final report shall be
delivered to City prior to expiration of this Agreement, as may be further described in
EXHIBIT B.
SECTION 9: RIGHT OF EXAMINATION AND AUDIT AND PRESERVATION OF
RECORDS
GRANTEE agrees that the CITY's Manager, Auditor, Attorney or the Director, or any of their
duly authorized representatives, shall have access to and the right to examine all facilities and
activities of GRANTEE related to GRANTEE's performance of this AGREEMENT, including
the right to audit, conduct further financial review, examine and make excerpts or transcripts of
all contracts, subcontracts, invoices, payroll records, personnel records, and all other data or
financial records relating to matters covered by this AGREEMENT at any time during the term
of this AGREEMENT. GRANTEE shall cooperate with CITY in such audit, examination,
further review and shall provide CITY with access to GRANTEE'S staff and to all relevant
records, documents, and data, including but not limited to, management letters, board minutes
and payroll.
EXHIBIT B, "MONITORING, EVALUATION AND REPORTING REQUIREMENTS" may
set forth additional standards regarding the CITY's right to audit, and GRANTEE's obligation to
deliver to the CITY reports which may include a requirement to deliver audited financial reports.
SECTION 10: CITY ACKNOWLEDGMENT
GRANTEE shall acknowledge the support of CITY, where appropriate, in written documents
and informational materials regarding the Grant Program.
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SECTION 11: INSURANCE
GRANTEE agrees to have the policies set forth in the attached EXHIBIT G, entitled
"INSURANCE" not later than the date of execution of this AGREEMENT and to maintain such
policies throughout the term of this AGREEMENT. All policies, endorsements, certificates
and/or binders shall be subject to approval by the Risk Manager of the CITY of San Jose as to
form and content. These requirements may not be amended or waived unless approved in writing
by the Risk Manager. GRANTEE agrees to provide CITY with a copy of said policies,
certificates and/or endorsements upon execution of this AGREEMENT.
SECTION 12: INDEMNIFICATION AND HOLD HARMLESS
A. GRANTEE agrees to defend, indemnify and hold harmless the CITY from and against any
and all claims, demands, causes of action, or liabilities incurred by CITY arising from, in whole
or in part, directly or indirectly. GRANTEE's acts or omissions under this AGREEMENT,
except as may arise from the gross negligence or willful misconduct of CITY. In any action or
claim against CITY in which GRANTEE is defending CITY, CITY shall have the right to
approve legal counsel providing CITY's defense and such approval shall not be unreasonably
withheld. GRANTEE further agrees to release CITY from any and all claims for any damages,
including property damage, injury or death occurring or arising out of use of CITY's property,
except as may be caused by the CITY's gross negligence or willful misconduct.
B. The GRANTEE's obligations under this indemnification provision shall survive the
expiration or termination of this AGREEMENT. Neither acceptance of the work by CITY, nor
payment for the work, shall relieve GRANTEE from liability under the indemnity nor the
guarantees contained in or implied by the contract.
SECTION 13: NOTICES
A. Any communication or notice to either party shall be in writing and shall be either personally
delivered or mailed in the United States mail, postage prepaid, facsimile, or by electronic mail, to
the respective parties addressed as referenced on the Summary Page of this AGREEMENT.
B. Either party may change its address by sending written notice of the new address to the other
party pursuant to this SECTION.
SECTION 14: AMENDMENTS
Unless otherwise authorized by this AGREEMENT, amendments to the terms and conditions of
this AGREEMENT and any such adjustment to this AGREEMENT shall be effective only upon
the mutual AGREEMENT in writing of the authorized representatives of the parties.
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SECTION 15: COMPLIANCE WITH LAWS/NONDISCRIMINATION
A. GRANTEE shall comply with all applicable laws, ordinances, codes and regulations of the
federal, state and local governments and with applicable CITY policies.
B. GRANTEE shall not discriminate, in any way, against any person on the basis of race, sex,
color, age, religion, actual or perceived gender identity, sexual orientation, disability, ethnicity or
national origin in connection with or related to the performance of this AGREEMENT.
C. GRANTEE will also obtain and maintain all licenses and permits appropriate to its proper
and effective performance of this AGREEMENT prior to the date of commencement, including,
but not limited to a CITY of San Jose business tax certificate or exemption, if applicable, with
the CITY's Finance Department to operate in the CITY. GRANTEE is responsible for contacting
the appropriate offices and filing the necessary documents to comply with these requirements.
SECTION 16: RELATIONSHIP OF PARTIES
A. It is understood and agreed by and between the parties that GRANTEE in the performance of
this AGREEMENT, shall not act nor is it at any time authorized to act, as the agent or
representative of CITY in any matter. GRANTEE further agrees that it will not in any manner
hold itself out as the agent or representative of CITY or act in such a fashion as would give the
impression to a reasonable person that GRANTEE is acting in such a capacity.
B. The parties agree that GRANTEE and GRANTEE's employees shall be at all times
independent contractors and not agents or employees of the CITY, and that GRANTEE and
GRANTEE's employees shall not be entitled to any salary, fringe benefits, pension, Workers'
Compensation, sick leave, insurance or any other benefit or right connected with employment by
the CITY of San Jose, or any compensation other than as prescribed herein, and GRANTEE and
GRANTEE's employees expressly waive any claim if they may have to any such rights.
C. Under no circumstances shall this AGREEMENT be construed as one of partnership, joint
venture, or employment between GRANTEE and CITY. Each party acknowledges and agrees
that it neither has, nor will give the appearance or impression of having, any legal authority to
bind or commit the other party in any way.
SECTION 17: WAIVER
A. In no event shall any payment by CITY or any acceptance of payment by GRANTEE
hereunder constitute or be construed to be a waiver by CITY or GRANTEE of any breach of
covenants or conditions of this AGREEMENT or any default which may then exist on the part of
CITY or GRANTEE, and the making of any such payment or the acceptance of any such
payment while any such breach or default exists, shall in no way impair or prejudice any right or
remedy available to CITY or GRANTEE with respect to such breach or default.
B. The waiver by any party to this AGREEMENT of a breach of any provision of this
AGREEMENT shall not be deemed a continuing waiver or a waiver of any subsequent breach of
that provision nor any other provision of this AGREEMENT.
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SECTION 18: CORPORATE AUTHORITY /AUTHORIZED REPRESENTATIVES
GRANTEE represents and warrants that it has the authority to enter into this AGREEMENT.
GRANTEE further represents and warrants that its signatory to this AGREEMENT is authorized
to execute this AGREEMENT on GRANTEE's bthalf.
SECTION 19: INTEGRATED DOCUMENT
This AGREEMENT, including the Summary Pages and any EXHIBITS, are incorporated herein
and embody the entire AGREEMENT between CITY and GRANTEE. No oral Agreements or
conversations with any officer, agent or employee of CITY shall affect or modify any of the
terms or obligations contained in any documents comprising this AGREEMENT. Any such oral
AGREEMENT shall be considered as unofficial information and in no way binding upon CITY.
SECTION 20: SEVERABILITY OF PROVISIONS
If any part of this AGREEMENT is for any reason found to be unenforceable by a court of
competent jurisdiction, all other parts nevertheless remain enforceable. CITY and GRANTEE
agree that to the extent that the exclusion of any unenforceable provisions from this
AGREEMENT affects the purpose of this AGREEMENT, then the parties shall negotiate an
adjustment to this AGREEMENT in order to give full effect to the purpose of this
AGREEMENT or either party may terminate this AGREEMENT. In the event of termination,
the provisions of SECTION 6 as related to repayment of the Grant Award shall apply.
SECTION 21: CHOICE OF LAW AND VENUE
The parties agree that this AGREEMENT shall be governed and construed in accordance with
the laws of the State of California. In the event that suit shall be brought by either party to this
AGREEMENT, the parties agree that venue shall be exclusively vested in the state courts of the
County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States
District Court, Northern District of California, San Jose, California.
SECTION 22: CONFLICT OF INTEREST
GRANTEE shall comply with the applicable provisions of the Political Reform Act of 1974, as
amended, relating to conflicts of interest (codified in California Government Code SECTION
87000, et seq.), with the conflict of interest provisions of Government Code SECTION 1090 et
seq. and with the CITY's Code of Ethics, set forth in CITY Council policy 0 -15. GRANTEE will
promptly advise CITY of the facts and circumstances concerning any disclosure made to it or
any information obtained by it relating to conflicts of interest.
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SECTION 23: RELIGIOUS /POLITICAL ACTIVITIES
A. GRANTEE shall not expend any portion of the Grant Award to inhibit or promote religion
and the Grant Services funded by the Grant Award must not be used to convey a religious
message. Any portion of the Grant Award used in contradiction to the provisions of this
SECTION shall be deemed a disallowed cost.
B. GRANTEE shall not expend any portion of the Grant Award for political advocacy efforts,
whether for or against a political candidate, ballot measure or bill.
SECTION 24: ASSIGNABILITY
The parties agree that the expertise and experience of GRANTEE are material considerations for
this AGREEMENT. Unless specifically authorized by this AGREEMENT, GRANTEE may not
assign the performance of any obligation or interest under this AGREEMENT, including
subcontracting, without the prior written consent of CITY. Any attempt by GRANTEE to assign
this AGREEMENT, in violation of this SECTION, will be voidable at CITY's sole option.
SECTION 25: SUBCONTRACTS
A. No subcontract will alter in any way any legal responsibility of GRANTEE to provide
services under this AGREEMENT.
B. GRANTEE will monitor the subcontractor to ensure compliance with the terms and
conditions of this AGREEMENT and provide records of their compliance as requested.
C. GRANTEE assures that the subcontractor(s) maintain(s) current licensure and indemnity
insurance appropriate for obligations undertaken by subcontractor(s) and provides copies of such
to CITY.
D. GRANTEE will provide CITY with records of reimbursement to subcontractor(s) for
obligations incurred under subcontract.
E. CITY has the right to refuse reimbursement for obligations incurred under any subcontract
that does not comply with the terms of this AGREEMENT.
SECTION 26: EMPLOYEES /VOLUNTEERS
A. Any and all personnel employed or volunteers retained by GRANTEE in conducting the
operations of GRANTEE'S program shall be qualified to perform the duties assigned to them by
GRANTEE.
B. GRANTEE shall not hire employees or volunteers who will have supervisory or disciplinary
authority over minors who have been convicted of any offense identified in California Public
Resources Code SECTION5164. GRANTEE shall fully indemnify, defend, and hold harmless
CITY for any such hiring. GRANTEE shall notify CITY in writing of any violation of this
provision as soon as is reasonably practicable.
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C. GRANTEE shall also not employ any person who is permitted to provide services requiring
contact with children or providing food concessionaire services or other licensed concessionaire
services in that area, unless GRANTEE has complied with the TB testing requirements set forth
in SECTION 5163 of the California Public Resources Code.
D. Regardless of whether services have been provided prior to full execution of this
AGREEMENT, GRANTEE certifies to the CITY that all services were provided in full
compliance with the terms and provisions of this AGREEMENT.
E. To give effect to California Public Resources Code SECTION 5163 and 5164, GRANTEE
shall follow the procedures contained in EXHIBIT F attached hereto. In the event GRANTEE
chooses a different national criminal database for complying with the FBI requirement for
background checks, then such alternative database shall be subject to the CITY's prior written
approval.
SECTION 27: CONTRACTOR'S FINANCIALS
A. CITY Council requires that each non - profit organization receiving $200,000 or more in funds
from the CITY or Redevelopment Agency (in the aggregate) during any fiscal year which is
either (i) grant funding other than construction funding and/or (ii) operating subsidy funding for
operation of CITY facilities, must prepare and make available for public view on the internet,
annual audited financial statements. The audited financial statements must be made available for
view within 6 months from the end of the non - profit's fiscal year (which period may be extended
by the CITY Manager based upon a showing of hardship or other good cause) and must be
viewable by the public at no cost. All audits must be performed by a certified public accountant
currently licensed to practice in the State of California, must conform to generally accepted
auditing standards and otherwise be in a form acceptable to the CITY.
B. Non - profits shall be required to comply with this requirement at the time that the non - profit
has entered into one or more grant Agreements or subsidy Agreements with the CITY and/or
Redevelopment Agency, which provide for the payment of an aggregate amount that equals or
exceeds $200,000 in grant and/or subsidy funds in any one fiscal year. Non - profits covered by
this requirement must exert due diligence in determining when they have reached the aggregate
funding threshold of $200,000. The provisions of the financial posting requirements shall be
interpreted broadly to effectuate the purpose of making available to the public information on
recipients of substantial CITY and/or Redevelopment Agency funds. These provisions shall
apply not only to grant Agreements or operating Agreements but shall also apply, without
limitation, if any amendments to such Agreements brings the total annual funding to equal or
exceed $200,000, and also to any other Agreements with the CITY and/or Redevelopment
Agency that are equivalent in purpose to a grant AGREEMENT or an operating subsidy
AGREEMENT, regardless of the title of the AGREEMENT.
C. This posting requirement shall remain in effect until an entire fiscal year passes in which the
non - profit does not have contracts with the CITY and/or Redevelopment Agency which provide
for grants and/or subsidies from the CITY and/or redevelopment Agency in an aggregate
amount equaling or exceeding $200,000. Without limitation of any other remedy, GRANTEE's
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failure to comply with this requirement may be taken into consideration when evaluating
GRANTEE's request for future grant funds or subsidies.
SECTION 28: ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY
A. GRANTEE agrees that, in the performance of this AGREEMENT, GRANTEE shall perform
is obligations under the agreement in conformance with City Council Policy 4 -6,
Environmentally Preferable Procurement Policy. A description for environmentally preferable
procurement and the policy can be found on the City's website at the following link:
http://www.sanjoseca.gov/esd/natural-energy-resources/epp.htm
B. Environmental procurement policies and activities related to the completion of work will
include wherever practicable, but are not limited to:
1. Use of recycled and/or recyclable products in daily operations.(i.e. 30, 50, 100%
PCW paper, chlorine process free; triclosan free hand cleaner, etc.)
2. Use of Energy Star Compliant equipment.
3. Vehicles and vehicle operations (i.e. Alternative Fuel, Hybrid, etc.)
4. Internal waste reduction and reuse protocol(s).
5. Water and resource conservation activities within facilities, including bans on
individual serving bottled water and the use of compostable food service products,
etc.
SECTION 29: GIFTS
A. GRANTEE is familiar with CITY's prohibition against the acceptance of any gift by a
CITY officer or designated employee, which prohibition is found in Chapter 12.08 of the San
Jose Municipal Code.
B. GRANTEE agrees not to offer any CITY officer or designated employee any gift
prohibited by said Chapter.
C. The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a material
breach of this AGREEMENT by GRANTEE. In addition to any other remedies CITY may have
in law or equity, CITY may terminate this AGREEMENT for such breach as provided in
SECTION 11 of this AGREEMENT.
SECTION 30: DISQUALIFICATION OF FORMER EMPLOYEES
GRANTEE is familiar with the provisions relating to the disqualification of former officers and
employees of CITY in matters which are connected with former duties or official responsibilities
as set forth in Chapter 12.10 of the San Jose Municipal Code ( "Revolving Door Ordinance ").
Community Energy Champions Grant Program 14
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
•
GRANTEE shall not utilize either directly or indirectly any officer, employee, or agent of
GRANTEE to perform services under this AGREEMENT, if in the performance of such
services, the officer, employee, or agent would be in violation of the Revolving Door Ordinance.
SECTION 31: NO ENDORSEMENT
Award of the grant to GRANTEE does not constitute, nor does it imply in any way, an
endorsement by CITY or PG &E of GRANTEE. Consequently, GRANTEE shall not indicate that
CITY or PG &E has or will endorse GRANTEE in any form of written, verbal or electronic
advertisement or in any other business or marketing development efforts. This prohibition shall
survive the terms of this contract. Violation of thi s section shall be sufficient cause for the
cancellation of this contract and the application by CITY or PG &E for a preliminary injunction
or other provisional judicial remedy.
SECTION 32: ROYLATIES, LICENSE FEES, INFRINGEMENT PROTECTION
A. ROYLATIES AND LICENSE FEES: Royalties, license fees or other charges for patents,
copyrights, licenses or other intellectual property for designs, processes, machinery, equipment,
technology, published or unpublished data, information or materials, including but not limited to,
manuals, computer programs or other deliverables developed by GRANTEE pursuant to this
contract, or for processes or methods employed by GRANTEE in performing the work, are
included in the grant award amount..
B. INFRINGMENT PROTECTION: GRANTEE represents that the work to be performed, and
the material to be prepared or used, under this cor..tract will not infringe upon the copyright,
patent or license, or otherwise violate the proprietary rights, including trade secret rights, of any
person or entity. GRANTEE agrees to indemnify and hold CITY AND PG &E, its officers,
agents and employees and PG &E, its affiliates, subsidiaries, parent company, officers, directors,
managers, agents, employees, harmless from any suit, demand or claim alleging any such
infringement or violation. In addition to the foregoing, if there is such a claim for such
infringement, GRANTEE agrees that in CITY or PG &E's option to either procure for CITY
and /or PG &E the right to continue using the material, replace the material with no- infringing
material, or modify it so it becomes non - infringing, or remove the item and refund the applicable
portion of the contract price; provided, however that the replaced or modified material shall be
equal to that contracted for hereunder and satisfactory to CITY or PG &E. GRANTEE further
agrees to pay any judgment or reasonable settlement offer resulting from a suit, demand or claim,
and pay any reasonable attorney's fees incurred by PG &E and CITY in defense against such suit.
SECTION 33: MISCELLANEOUS
A. The headings of the sections and subsections of this AGREEMENT are inserted for
convenience only.
B. Where this AGREEMENT refers to CITY and no officer of the CITY is named, CITY's
Manager shall have the authority to act on CITY's behalf.
Community Energy Champions Grant Program 15
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT A
SCOPE OF SERVICES
A. Growing Greener Blocks
This project is a grassroots energy efficiency outreach partnership with the City of Cupertino's
award winning block leader program.
1) Project Overview
Growing Greener Blocks will facilitate broader participation and encourage deeper support of the
City of Cupertino's diverse environmental programs and services. The project will launch a new
Block Leader focused initiative that will engage neighborhoods using two approaches 1)
Neighborhood Block Parties and 2) Community Leader Workshop & Block by Block Challenge.
2) Project Implementation
Project Scope
The City of Cupertino will offer interactive presentations, led by Environmental Affairs Staff, to
showcase program elements available within the City of Cupertino such as composting, home
energy efficiency opportunities and backyard rainwater harvesting. The goal of block party
presentations will be to distinguish and reward the highest energy and water saving
neighborhood in Cupertino. In addition to the presentations, the City of Cupertino will conduct
activities and games for residents around environmental services. Games include creative reuse
art projects, environmental jeopardy, and a green - greener - greenest game.
The City of Cupertino will also engage community block leaders in a workshop featuring
environmental services available to residents in the community. The master -level workshop will
be offered in partnership with Neighborhood Watch, CERT and Block Leader programs. The
community leaders can then participate in the block -by -block challenge, a race to distinguish and
reward the highest energy and water saving neighborhood in Cupertino. To participate in the
block -by -block challenge, community block leaders must host a Green @home House Call
followed by a "House Party" to illustrate energy and water saving improvements made to their
homes.
Project Activities
The City of Cupertino Shall:
1. Participate in Block Parties;
2. Enroll Cupertino Blocks in the Block by Block Challenge;
3. Encourage and promote community leader House Parties to showcase energy and water
savings improvements made through Green @Home assessments and Whole -House
Energy Efficiency analyses in Cupertino homes;
Community Energy Champions Grant Program A- 1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
4. Train Neighborhood Block Leaders at the Growing Greener for the Greater Good
workshop, showcasing both Acterra Green @Home and Energy Upgrade Santa Clara
County Program offerings;
5. Engage households in a next action through Energy Upgrade Santa Clara County
Program;
6. Collect assessments conducted by Green @Home and whole -house energy efficiency
analyses;
7. Issue Go Green Grants and Tree 4 Free certificates for residents seeking energy
Efficiency improvements not incentivized through local utilities.
Outreach
The City of Cupertino shall employ several outreach methods to engage community leaders and
residents to take advantage of environmental resources offered by the City of Cupertino. The
City of Cupertino shall at minimum:
1. Promote Growing Greener Blocks through internal communications forums such as the
City of Cupertino's website, TV channel, :radio, e- newsletters, and Cupertino social
media outlets;
2. Promote Growing Greener Blocks prograrn among external communications forums
including the Cupertino Courier, Yahoo News Local, Cupertino Patch, and Cupertino
3. Request attendance at Block Parties to introduce blocks to the program;
4. Host house parties to showcase energy efficiency upgrades;
5. Convene workshops on deeper energy upgrades;
6. Initiate a competition through Block by Block Challenge to incentivize participation.
Assessment
The City of Cupertino shall assess the progress ar..d efficacy of the program using multiple
measurement methodologies in line with project objectives. Measurement methodologies will be
designed to determine changes in awareness, knowledge, behavior and energy use reductions (in
kWh) where applicable. Measurement methodologies will also consider the impact of energy
efficient technology implementation in the target population. The City of Cupertino shall at
minimum:
1. Analyze responses and changes in awareness and behavior levels based on baseline and
follow -up surveys from participating workshop attendees, house party attendees, block
party participants and block leaders;
2. Collect measurements through the network of partners involved in the program including
Acterra Green @Home and Energy Upgrade Santa Clara County;
3. Collect anecdotal evidence from block leaders, program participants, and families
regarding knowledge and awareness changes, home visits and energy savings realized.
The City of Cupertino shall employ additional program assessment methods as they apply.
Notwithstanding the foregoing, assessment approaches may be adjusted during the course of the
grant cycle as agreed upon by the City and the City of Cupertino.
Community Energy Champions Grant Program A- 2
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
Additional Requirements
None.
B. GreenBiz Cupertino
This project will increase the capacity of Cupertino businesses to implement energy and water
efficiency measures thereby reducing utility consumption rates and GHG emissions.
3) Project Overview
The City of Cupertino will expand the GreenBiz Pilot Program into a full -scale service model.
This project will shepherd small to mid -size businesses through the Santa Clara County Green
Business Program. The project will offer incentives and support business enrollment in the Santa
Clara County Green Business Program as a means to lower utility consumption rates and save
businesses thousands of dollars over the life of facility ownership. This project will target
typically hard to reach, small commercial offices and restaurants.
4) Project Implementation
Project Scope
The City of Cupertino shall engage the business segment by targeting small office and restaurant
energy /water systems. The project will offer recommendations for small businesses that make
environmental and economic sense creating a path for long -term follow up and outcome
tracking. Businesses that implement measures will be publicly recognized for their success in
the community and will establish a community of practice for other small businesses and
restaurants. The City of Cupertino will establish a model for surrounding cities that will be
shared through local, county and regional task force participation.
Project Activities
The City of Cupertino Shall:
1. Complete audits conducted by GreenBiz Specialists, recruited from De Anza College
student teams;
2. Train the student teams in all tenants of the Green Business Checklist necessary for
energy audits;
3. Bundle the Green Business Checklist with EPA's Portfolio Manager as the program's
primary data collection tool;
4. Engage business owners and members in trainings and meetings designed to introduce
the program and opportunities in energy efficiency;
5. Provide on -going support to engage businesses, share data collected, provide information
on eligible rebates, highlight energy efficient measure recommendations, and conduct
follow -up.
Community Energy Champions Grant Program A- 3
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
Outreach
The City of Cupertino shall employ several outreach methods to encourage and incentivize
Cupertino businesses to become certified through GreenBiz including but not limited to:
1. Events;
2. Articles in local papers;
3. Town hall meetings;
4. Program marketing through internal and external communication channels;
5. Establishment of a GreenBiz online map to direct consumers, residents and employees to
businesses in line with GreenBiz operations.
Assessment
The City of Cupertino shall assess the progress and efficacy of the program using multiple
measurement methodologies in line with project objectives. Measurement methodologies will be
designed to determine changes in awareness, knowledge, behavior and energy use reductions (in
kWh) where applicable. Measurement methodologies will also consider the impact of energy
efficient technology implementation in the target 'population. The City of Cupertino shall at
minimum:
1. Analyze quantifiable data such as projected operating savings after audit, energy
reductions and savings after retrofit;
2. Analyze responses and changes in awareness and behavior levels based on initial and
follow -up surveys from participating business owners and employees;
3. Collect anecdotal evidence from business owners and employees regarding knowledge
and awareness changes, audits and energy savings realized.
The City of Cupertino shall employ additional program assessment methods as they apply.
Notwithstanding the foregoing, assessment approaches may be adjusted during the course of the
grant cycle as agreed upon by the City and the City of Cupertino.
Additional Requirements
None.
Community Energy Champions Grant Program A- 4
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT B
MONITORING, EVALUATION AND REPORTING REQUIREMENTS
GRANTEE shall schedule one or more site visits by the Community Energy Champions Grant
Administrator in the timeline of activities.
GRANTEE shall deliver fiscal and progress reports according to the following schedule:
Report Content Description Due Date
Report 1 Target population profile, activities, program efficacy, September 2011
staff, achievements, hurdles and testimonials
Report 2 Target population profile, activities, program efficacy, January 2012
staff, achievements, hurdles and testimonials
Report 3 Target population profile, activities, program efficacy, May 2012
staff, achievements, hurdles and testimonials
Report 4 Target population profile, activities, program efficacy, September 2012
staff, achievements, hurdles and testimonials
Final Final assessment with detailed descriptions, best November 30,
practices, testimonials and photos 2012
Community Energy Champions Grant Program B- 1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT C
BUDGET SUMMARY
If applicable, to be developed
SOURCE OF FUNDS STATEMENT
PROJECT SOURCE OF FUNDS
List ALL funding sources for project
Funding Source: Code Use of Funds Amount ($)
Program/Agency Number **
CITY of San Jose Funding
Community Energy Champions $31,500
Grant Program
Total
All Other Grant Funds
Total
Combined Total $31,500
AGENCY SOURCE OF FUNDS
List ALL sources of funding for your AGENCY
Funding Source: Code Use of Funds Amount ($)
Program/Agency Number **
CITY of San Jose Funding*
Total
All Other Funding including other cities *
Community Energy Champions Grant Program C- 1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
Total
Combined Total
* Do not include funding sources listed in "Project Source of Funds"
* *Key Codes:
1. Firm Commitment: Grant funding was received.
2. Anticipated Renewal of Existing Grant: Continuation of a grant that was received in the
current year and is expected to be continued.
3. Anticipated Revenue: A realistic projection of fees or donations including in -kind donation
for space and equipment based on current level.
4. Application Pending: Applications submitted and expected to be received. Include application
date.
5. In -Kind: Do not assign a monetary value.
Community Energy Champions Grant Program C- 2
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT D
PAYMENTS TO GRANTEE
Payment of the Grant Award shall be made as stated in the following schedule, subject to
GRANTEE's satisfactory performance of this AGREEMENT.
If GRANTEE terminates the project prior to completion of all deliverables, before November 30,
2012, remaining funds will be returned to the City of San Jose.
a. Growing Greener Blocks
Task Deliverables Itemization Payment Payable
Amount
Set -up Program • Develop program and outreach $6,000 $6,000 Upon
plans execution of
• Recruit Growing Greener grant
Blocks Outreach Specialist agreement
• Deploy outreach campaign
• Develop baseline and follow -up
survey instruments
Implement • Attend block parties $2,000 $3,000 Upon
Growing • Host house parties completion
Greener Blocks Distribute Go Green Grants and of
program Tree4Free to program deliverables
participants
• Host Block Leader workshop
and Local Green and Solar
Home Tour
• Conduct baseline survey
Conduct Block • Conduct Block X Block $1,000
X Block challenge
Challenge • Develop Block X Block toolkit
for use in other communities
• Conduct follow -up survey with
program participants
Assess • Analyze results from surveys $1,000 $1,000 Upon
Program and • Submit final report completion
Submit Final of
Report deliverables
Total $10,000
Community Energy Champions Grant Program D -1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
b. GreenBiz Cupertino
Task Deliverables Itemization Payment Payable
Amount
Set -up • Customize GreenBiz $6,000 $12,000 Upon
Program auditing /reporting templates execution of
• Develop tracking processes grant
and database tool agreement
• Recruit and hire GreenBiz
Specialists
• Establish tool kit for audit
teams
• Train GreenBiz specialists on
core functions
Develop and • Create outreach tools - flyers, $4,000
Implement website, linked -in group,
Outreach facebook page, workshop
Campaign materials
• Launch press campaign
• Conduct door -to -door
campaign to notify hard -to-
reach businesses of support
services
Conduct Host first set of GreenBiz $2,000
Workshops Workshops
Continue • Continue outreach throughout $2,500 $4,500 Upon
Outreach the course of the program completion
and Conduct • Conduct audits of
Audits • Conduct staff and employee deliverables
interviews
• Complete baseline assessment
Conduct Host second set of GreenBiz $2,000
Workshops Workshops
Assess • Compare pre - enrollment $5,000 $5,000 Upon
Program and baseline to post - project completion
Submit implementation of
Final Report • Follow -up with staff and deliverables
employees
• Submit Final Report
Total $21,500
Community Energy Champions Grant Program D -1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT E
GENERAL SERVICE REQUIREMENTS
GRANTEE shall attend a minimum of four required technical trainings offered by CITY as part
of the Silicon Valley Energy Watch Community Energy Champions Program.
GRANTEE shall register with and communicate via Basecamp, an online project management
tool, for purposes of sharing and receiving information and accessing technical and marketing
materials from Silicon Valley Energy Watch. Registration with Basecamp is provided by CITY
free of charge to GRANTEE as part of the Silicon Valley Energy Watch Community Energy
Champions Program.
GRANTEE shall deliver and maintain energy efficiency marketing messages consistent with
City of San Jose and PG &E energy efficiency messages.
GRANTEE shall participate in the Statewide Community Energy Championship Summit, to be
held in San Jose in October 2012. Exact date and location will be determined by CITY on or
before August 1, 2012.
GRANTEE shall submit all additional progress and fiscal reports required in EXHIBIT B
according templates provided by the CITY.
Community Energy Champions Grant Program E -1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT F
EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE
WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT
If GRANTEE provides services involving minors, and as a CITY - approved method of
complying with the provisions contained in this AGREEMENT, GRANTEE shall conduct a
criminal background check through the database of the California Department of Justice and an
FBI criminal database or equivalent national database as approved in writing by Grantee's
liability insurance provider„ on each of its employees and volunteers who have supervisory or
disciplinary authority over minors.
GRANTEE shall also comply with the provisions of the Child Abuse and Neglect Reporting Act,
California Penal Code SECTION 11164 et. seq. Additionally, GRANTEE certifies the following:
1. Any and all personnel employed or retained by GRANTEE in conducting the operations of
GRANTEE's program shall be qualified to perform the duties assigned to them by
GRANTEE. GRANTEE agrees that GRANTEE shall not at any time allow its employees or
volunteers to be in any position with supervisory or disciplinary authority over minors, if
they have been convicted of any offense identified in California Public Resources Code
SECTION 5164. (Copy attached.)
CITY and GRANTEE understand that results of background checks on minors may be
confidential under state law. Therefore, all employees or volunteers must be at least 18 years
of age if they are to be in a position having supervisory or disciplinary authority over any
minor.
If GRANTEE intends to have employees or volunteers under the age of 18 providing services
under this AGREEMENT, GRANTEE must obtain CITY's prior consent, and GRANTEE
shall ensure that none of its employees or volunteers under 18 years of age have any
supervisory or disciplinary authority over any minor, as such term is used in California
Public Resources Code SECTION 5164.
2. GRANTEE shall be responsible for ensuring that no person who has supervisory or
disciplinary authority over minors, who is paid or unpaid by GRANTEE, shall be permitted
to provide services unless appropriate background checks, including fingerprints, have been
performed prior to the beginning of services under this AGREEMENT, and the person meets
the standards set forth above. If requested by CITY, and to the extent allowed by law,
GRANTEE shall promptly provide documentation listing each person that has provided or is
providing services hereunder involving supervision or disciplinary authority over minors, and
certifying that the GRANTEE has conducted the proper background check on such person or
persons, and each of the named persons is legally permitted to perform the services described
in this AGREEMENT. Regardless of whether such documentation is requested or delivered
by GRANTEE, GRANTEE shall be solely responsible for compliance with the provisions of
this SECTION.
3. That no person paid or unpaid by GRANTEE shall be permitted to provide services requiring
contact with children or providing food concessionaire services or other licensed
concessionaire services in that area, unless GRANTEE has complied with the TB testing
requirements set forth in SECTION 5163 of the California Public Resources Code (copy
Community Energy Champions Grant Program F -1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
attached), verifying that the person or persons has provided evidence /verification of a
negative TB skin test reading less than two (2) years old (if newly hired) or within four (4)
years (if current employee) of the date of execution of this AGREEMENT and every four (4)
years thereafter, if the term of this AGREEMENT exceeds four (4) years.
For persons with a positive TB skin test reading, a physician's medical clearance must be
obtained prior to services being provided as specified above. GRANTEE shall keep on file
each "Certificate" of clearance for the persons described above, and shall also make available
a copy of each Certificate to CITY, if requested and allowed by law. "Certificate" means a
document signed by a licensed examining physician and surgeon or a notice from a public
health agency or unit of the tuberculosis association which indicates freedom from active
tuberculosis.
4. GRANTEE understands that if services are rendered on a school site, there may be additional
requirements that may apply including without limitation, requirements under the California
Education Code. GRANTEE, acknowledges that it is GRANTEE's sole responsibility to
comply with all applicable laws, regulations and licensing requirements in GRANTEE's
provision of services hereunder.
, e G' NTEE by signing below verify that I have read and agree to the above:
ignature /Tit e Date
Community Energy Champions Grant Program F -2
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
CALIFORNIA PUBLIC RESOURCES CODE SECTION 5164
5164. (a) (1) A county or CITY or CITY and county or special district shall not hire a person
for employment, or hire a volunteer to perform services, at a county or CITY or CITY and
county or special district operated park, playground, recreational center, or beach used for
recreational purposes, in a position having supervisory or disciplinary authority over any minor,
if that person has been convicted of any offense specified in paragraph (2).
(2) (A) Violations or attempted violations of SECTION 220, 261.5, 262, 273a, 273d, or
273.5 of the Penal Code, or any sex offense listed in SECTION 290 of the Penal Code,
except for the offense specified in subdivision (d) of SECTION 243.4 of the Penal Code.
(B) Any felony or misdemeanor conviction specified in subparagraph(C) within ten (10)
years of the date of the employer's request.
(C) Any felony conviction that is over ten (10) years old, if the subject of the request was
incarcerated within ten (10) years of the employer's request, for a violation or attempted violation
of any of the offenses specified in Chapter 3 (commencing with SECTION 207) of Title 8 of Part
1 of the Penal Code, SECTION 211 or 215 of the Penal Code, wherein it is charged and proved
that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b)
of SECTION 12022 of the Penal Code, in the commission of that offense, SECTION 217.1 of
the Penal Code, SECTION 236 of the Penal Code, any of the offenses specified in Chapter 9
(commencing with SECTION 240) of Title 8 of Part 1 of the Penal Code, or any of the offenses
specified in subdivision (c) of SECTION 667.5 of the Penal Code, provided that no record of a
misdemeanor conviction shall be transmitted to the requester unless the subject of the request has
a total of three (3) or more misdemeanor convictions, or a combined total of three (3) or more
misdemeanor and felony convictions, for violations listed in this SECTION within the ten (10)
year period immediately preceding the employer's request or has been incarcerated for any of
those convictions within the preceding ten (10) years.
(b) (1) To give effect to this SECTION, a county or CITY or CITY and county or special
district shall require each such prospective employee or volunteer to complete an application that
inquires as to whether or not that individual has been convicted of any offense specified in
subdivision (a). The county or CITY or CITY and county or special district shall screen,
pursuant to SECTION 11105.3 of the Penal Code, any such prospective employee or volunteer,
having supervisory or disciplinary authority over any minor, for that person's criminal
background.
(2) Any local agency requests for Department of Justice records pursuant to this
subdivision shall include the prospective employee's or volunteer's fingerprints, which may be
taken by the local agency, and any other data specified by the Department of Justice. The request
shall be made on a form approved by the Department of Justice. No fee shall be charged to the
local agency for requesting the records of a prospective volunteer pursuant to this subdivision.
Community Energy Champions Grant Program F -3
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
CALIFORNIA PUBLIC RESOURCES CODE SECTION 5163
5163. (a) No person shall initially be employed in connection with a park, playground,
recreational center, or beach used for recreational purposes by a CITY or county in a position
requiring contact with children, or as a food concessionaire or other licensed concessionaire in
that area, unless the person produces or has on file with the CITY or county a certificate showing
that within the last two (2) years the person has been examined and has been found to be free of
communicable tuberculosis.
(b) Thereafter, those employees who are skin test negative shall be required to undergo
the foregoing examination at least once each four (4) years for so long as the employee remains
skin test negative. Once an employee has a documented positive skin test which has been
followed by an X -ray, the foregoing examination is no longer required and a referral shall be
made within thirty (30) days of the examination to the local health officer to determine the need
for follow -up care.
"Certificate" means a document signed by the examining physician and surgeon who is
licensed under Chapter 5 (commencing with SECTION 2000) of Division 2 of the Business and
Professions Code, or a notice from a public health agency or unit of the tuberculosis association
which indicates freedom from active tuberculosis
5163.1. The examination shall consist of an approved intradermal tuberculosis test, which, if
positive, shall be followed by an X -ray of the lungs.
Nothing in SECTIONs 5163 to 5163.2, inclusive, shall prevent the governing body of any
CITY or county, upon recommendation of the local health officer, from establishing a rule
requiring a more extensive or more frequent examination than required by SECTION 5163 and
this SECTION.
5163.2. The X -ray film may be taken by a competent and qualified X -ray technician if the X -ray
film is subsequently interpreted by a licensed physician and surgeon.
5163.3. The CITY or county shall maintain a file containing an up -to -date certificate for each
person covered by SECTION 5163.
5163.4. Nothing in SECTIONs 5163 to 5163.3, inclusive, shall prevent the CITY or county from
requiring more extensive or more frequent examinations.
Community Energy Champions Grant Program F -4
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
EXHIBIT G
INSURANCE REOUREMENTS
The GRANTEE, at his sole cost and expense, shall procure and maintain for the duration of this
AGREEMENT, insurance against claims for injuries to persons or damages to property which
may arise from, or in connection with, the performance of the services hereunder by the
GRANTEE, its agents, representatives, employees or subcontractors.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. The coverage described in Insurance Services Office Form Commercial General
Liability coverage ( "occurrence ") Form Number CG 0001; and
B. The coverage described in Insurance Services Office Form Number CA 0001
covering Automobile Liability. Coverage shall include all owned, non -owned and
hired automobiles; and
C. Workers' Compensation insurance as required by the California Labor Code and
Employers Liability insurance.
II. Minimum Limits of Insurance
The GRANTEE shall maintain limits no less than:
A. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit; and
B. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage; and
C. Workers' Compensation and Employers Liability: Workers' Compensation limits as
required by the California Labor Code and Employers Liability limits of $1,000,000
per accident.
III. Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to, and approved by the
CITY's Risk Manager. At the option of the CITY, either: the insurer shall reduce or
eliminate such deductibles or self - insured retentions as respects the CITY, its officers,
Community Energy Champions Grant Program G -1
City of Cupertino / Growing Greener Blocks and GreenBiz Cupertino
employees, agents and contractors; or the GRANTEE shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses in
an amount specified by the CITY's Risk Manager.
IV. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
A. Commercial General Liability and Automobile Liability Coverages.
1. Insured. The CITY OF SAN JOSE, its officers, employees, agents and
contractors are to be covered as additional insureds as respects: Liability
arising out of activities performed by or on behalf of, the GRANTEE;
products and completed operations of the GRANTEE; premises owned,
leased or used by the GRANTEE; and automobiles owned, leased, hired or
borrowed by the GRANTEE. The coverage shall contain no special
limitations on the scope of protection afforded to the CITY, its officers,
employees, agents and contractors.
2. Contribution Not Required. The GRANTEE's insurance coverage shall be
primary insurance as respects the CITY, its officers, employees, agents and
contractors. Any insurance or self - insurance maintained by the CITY, its
officers, employees, agents or contractors shall be excess of the
GRANTEE's insurance and shall not contribute with it.
3. Provisions Regarding the Insured's Duties After Accident or Loss. Any
failure to comply with reporting provisions of the policies by the
GRANTEE shall not affect coverage provided the CITY, its officers,
employees, agents, or contractors.
4. Coverage. Coverage shall state that the GRANTEE's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5.. Coverage shall contain waiver of subrogation in favor of the City of San
Jose, its officers, employees, agents and contractors
B. Workers' Compensation and Employers' Liability
Coverage shall contain waiver of subrogation in favor of the City of San
Jose, its officers, employees, agents and contractors
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C. All Coverages.
Each insurance policy required by this AGREEMENT shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, or reduced in limits except after
thirty (30) days prior written notice has been given to the CITY's Risk Manager, except
that ten (10) days' prior written notice shall apply in the event of cancellation for non-
payment of premium.
V. Acceptability of Insurers
Insurance is to be placed with insurers acceptable to the CITY's Risk Manager.
VI. Verification of Coverage
The GRANTEE shall furnish the CITY with certificates of insurance and with original
endorsements affecting coverage required by this AGREEMENT. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf.
Proof of insurance shall be either emailed in pdf format to: Riskin san i o , or
mailed to the following postal address (or any subsequent email or postal address as may
be directed in writing by the Risk Manager):
City of San Jose — Human Resources
Risk Management Division
200 E. Santa Clara Street, 2 Floor Wing
San Jose, CA 95113 -1903
VII. Subcontractors
The GRANTEE shall include all subcontractors as insured under its policies or shall
obtain separate certificates and endorsements for each subcontract.
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EXHIBIT H
COMPLIANCE WITH PACIFIC GAS AND ELECTRIC COMPANY REQUIREMENTS
This Agreement is part of the Community Energy Champions Grant Program (CECGP), an
Innovator Pilot program funded by Pacific Gas and Electric Company (PG &E) and administered
by the City of San Jose in conjunction with the Silicon Valley Energy Watch program (SVEW),
also funded by PG &E and administered by the City of San Jose, under the auspices of the
California Public Utilities Commission (CPUC). Accordingly, GRANTEE must comply with
certain obligations pertaining to CITY's contract with PG &E.
1. PROGRAM OVERVIEW
1.1. GRANTEE understands that the purpose of the CECGP is to:
1.1.1. Increase awareness of the importance of energy efficiency, as well as energy
efficiency resources and technologies, among target communities;
1.1.2. Accelerate adoption of energy efficiency technologies and behaviors among
target communities;
1.2. Provide robust, actionable, and replicable data on innovative energy efficiency
education and outreach approaches for publication and distribution statewide by
Grantee understands that CITY has certain monitoring and assessment obligations for
the CECGP.
1.2.1. Grantee shall permit to conduct periodic site visits to each Grantee's offices to
monitor the Grantee's progress in meeting its goals;
1.2.2. Grantees shall attend periodic training sessions to be provided by CITY as
CITY deems beneficial to ensure progress by the Grantees and to inform the
Grantees of new services technologies and findings from the CPUC
Marketing, Education and Outreach Task Force.
1.2.3. GRANTEE shall provide to CITY all required reports indicated in this
AGREEMENT, according to the reporting schedule specified. All reports
may be shared with PG &E and /or the CPUC in their entirety and/or in
summary.
2. CPUC AUTHORITY TO MODIFY /REGULATORY REVIEW
2.1 This Agreement maybe subject to change or be modified due to CPUC directive
relating to funding or otherwise in the CEC'GP or SVEW programs administered by
PG &E. Upon the occurrence of such event, PG &E must comply with the CPUC
decisions and direction which is likely to impact this Agreement.
3. EVALUATION, MEASUREMENT, AND VERIFICATION (EM &V)
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3.1. If required by the CPUC to support EM &V activities, GRANTEE shall cooperate
fully with the CPUC and any EM &V contractor or subcontractors and provide all
requested EM &V information, if any, to assure the timely completion of all CECGP
tasks requiring GRANTEE involvement or cooperation. No additional payment will
be made to GRANTEE for any costs associated with any CPUC EM &V activities.
3.2. GRANTEE shall cooperate with any PG &E administered process for evaluation or
review. No additional payment will be made to GRANTEE for any costs associated
with any CPUC EM &V activities.
3.3. GRANTEE shall implement a survey designed to forecast permanent changes in
attitudes, awareness, and motivation regarding energy efficiency, and the intentions
of people in the populations served by the Grantees to install energy efficiency
measures or home upgrades within the following two (2) to five (5) year period. The
survey will be designed by CITY, in consultation with PG &E and EM &V staff, and,
as appropriate, in collaboration with the Statewide Local Government Energy
Efficiency Best Practices Coordinator and ICLEI Local Governments for
Sustainability.
4. APPROVAL OF MARKETING MATERIALS AND MEDIA
4.1. GRANTEE acknowledges and agrees that PG &E's name and all of its tangible and
intangible Intellectual Property are owned by PG &E (or third parties), and that the
unauthorized disclosure or use (or threatened disclosure or use) of PG &E's name
and/or Intellectual Property Rights in violation of this Section 4 (Approval of
Marketing Materials and Media), or any other breach of the PG &E brand guidelines
in Section 5 (Guidelines for Trademark/Trade Name /Logo Use in Co- Marketing
Activities) and this Agreement, will likely cause irreparable harm and significant
injury to PG &E (or such third parties), to such a degree that it would then be difficult
or impossible to ascertain its money damages sufficient to reasonably and adequately
compensate PG &E (or such third parties). Accordingly, and in addition to PG &E's
right to seek damages and any other available remedies at law or in equity in
accordance with this Agreement, the parties agree that PG &E will have the right to
obtain, from any competent civil court, immediate temporary or preliminary
injunctive relief enjoining any breach or threatened breach of this Agreement,
involving the alleged unauthorized disclosure or use of PG &E's name or Intellectual
Property Rights. The parties hereby waive any and all objections to the right of such
court to grant such relief, including, but not limited to, objections of improper
jurisdiction or forum non conveniens.
4.1.1. GRANTEE shall abide by this section.
4.1.2. GRANTEE shall submit any cobranded marketing and educational materials
to CITY for PG &E approval prior to publication or distribution of said
materials.
5. CLAIMS SUBSTANTIATION
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5.1. GRANTEE shall submit to CITY for substantiation all claims it will make as part of
the Work under this Agreement in accordance with all applicable requirements of the
laws of the State of California, federal common law, statute or regulation, and any
local ordinances, if applicable. GRANTEE shall substantiate any marketing and/or
technological claims made in all Program marketing materials. Claims include, but
are not limited to, statements about the energy efficiency, safety, reliability, or
performance of a piece of equipment or category of Energy Efficiency Measures.
5.2. GRANTEE shall indemnify and hold harmless PG &E, its parent company and any
and all affiliated subsidiaries from and against any and all forms of civil liability and
all costs of suit and damages arising from or related to any claim made by GRANTEE
as part of this Agreement that are found not to be true, or to have been improperly
marketed or inadequately substantiated. GRANTEE further shall also be responsible
for, and indemnify and hold PG &E harmless, any judgment entered against PG &E in
any civil court in any jurisdiction, or as to any reasonable settlement of any such
actual or potential liability, resulting from any suit or upon any demand, and to pay
any reasonable attorney's fees incurred by PG &E in defense of such a suit.
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6. Guidelines for Trademark/Trade Name /Logo Use in Co- Marketing Activities
The PG &E name, logo(s) or trademarks (the "Marks ") in stylized form are valuable assets
and may be used publicly with permission only from PG &E. In order to protect the value of
these assets, PG &E must maintain control over the manner in which the Marks are used.
PG &E has established the following set of guidelines for properly using the Marks. If these
guidelines are not followed, PG &E may terminate your right to use the Marks.
6.1. General Rules Regarding PG &E Name
6.1.1. Any GRANTEE document, Web site, etc. shall refer to PG &E by its full
name, i.e., "Pacific Gas and Electric Company."
6.1.2. GRANTEE may refer to PG &E as "PG &E" as long as "PG &E" is defined
elsewhere in the document as an abbreviation for "Pacific Gas and Electric
Company."
6.2. Uses That Are Permitted Without Further Authorization
Except as otherwise provided by GRANTEE's Contract, GRANTEE may make
factual statements regarding GRANTEE's relationship with Pacific Gas and Electric
Company or CITY, subject to the terms and conditions of the Contract, the limitations
stated in No. 1, above, and the following additional limitation.
6.2.1. Statement may not indicate that PG &E endorses the GRANTEE's products,
services, etc. "Endorsement" means a statement that could be construed as
PG &E recommending an GRANTEE product or service, e.g., "Pacific Gas
and Electric Company selected xyz vendor because the vendor offers the best
meters available."
Example of allowable use:
GRANTEE brochure or Web site with the following statement: "Pacific Gas and
Electric Company purchased 10 widgets from us."
Example of allowable use in a link: "For more information on rebates available for
this product, please visit Pacific Gas and Electric Company's Web site at
www. pge. com"
6.3. Uses That Are Permitted Following Consultation With Law Department
GRANTEE may make factual statements regarding their relationship with Pacific Gas
and Electric Company, and use the company logo as part of that communication,
subject to the limitations in No. 1, above, and with the following additional
limitations:
6.3.1. Statement(s) may not endorse the GRANTEE's products, services, etc.
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6.3.2. The PG &E Law Department should review the proposed use and assess the
potential exposure to PG &E, and may require that the GRANTEE sign a use
agreement regarding their use of the PG &E logo. GRANTEE shall coordinate
with the PG &E Law Department review through the PG &E Program
Manager.
6.3.3. The logo must conform to Corporate Identity Guidelines at PG &E's sole and
absolute discretion. CITY shall provide the Corporate Identity Guidelines to
the GRANTEE within one month of execution of this Agreement.
Example of uses that require Law Department review:
"XYZ provides widgets to Pacific Gas and Electric Company."
Paciihc fa and
El
"XYZ is an HVAC contractor for Pacific Gas and Electric Company."
Pacific firs and
Electric Company
6.4. Uses That Are Permitted Following Consultation With The Law Department And
Corporate Communications
GRANTEE may make factual statements regarding their relationships with Pacific
Gas and Electric Company, and use the "PG &E" spotlight logo (without the words
"Pacific Gas and Electric Company ") (The PG &E spotlight logo, the Pacific Gas and
Electric Company logo, and other logo formats will be provided by the PG &E
Program Manager during Task 1, Set Up Program) as part of that communication, but
only following consultation with the PG &E Law Department and PG &E Corporate
Communications Department, subject to the limitations in No. 6.1, above, and with
the following additional limitations:
6.4.1. Statement may not endorse the GRANTEE's products, services, etc.
6.4.2. The PG &E Law Department must review the proposed use and assess the
potential exposure to PG &E, and may require that the GRANTEE sign a use
agreement regarding their use of the PG &E logo. GRANTEE shall coordinate
the PG &E Law Department review through CITY.
The PG &E Corporate Communications Department must review and approve use of the
"PG &E" spotlight logo in lieu of the Pacific Gas and Electric Company logo (including approval
of logo size, color, placement, etc.). GRANTEE shall coordinate the PG &E Corporate
Communications Department review through CITY.
Example of uses that require Law Department and Corporate Communications
review:
"Brought to you by GRANTEE in Corporate Citizens Supporting Energy Efficiency"
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"GRANTEE LOGO"
6.5. Uses That Will Require PG &E Management Review And Discussion (i.e., potentially
longer lead time)
6.5.1. Use of the Pacific Gas and Electric Company logo or PG &E spotlight logo on
or with any GRANTEE product or service.
6.5.2. Use of the Pacific Gas and Electric Company logo or PG &E spotlight logo on
a product or to brand a service, in connection with an GRANTEE logo (e.g.,
co- branding), except as allowed in No. 6.4 above.
6.5.3. Endorsements
Examples of uses that will require management review and discussion:
"Pacific Gas and Electric Company believes that XYZ makes the highest
quality widget. You should use XYZ widgets too! "
A product or service truck bearing the following logos:
Fay ma "GRANTEE
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