13-155 Sohini Consulting, Consultant Service for Sustainable Education & Economic Development (SEED) CollaborativeDecember 18, 2013
Sohini Consulting
11238 Bubb Road
Cupertino; CA 95014
Re: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTI NO, CA 95014 -3255
TELEPHONE: (40S) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: WW%V.cupertino.org
Enclosed is a fully executed copy of your agreement with the City of Cupertino. If you
have any questions or need additional information, please contact Michela Gentile in
the Public Works Department at (408) 777 -3243.
Sincerely,
Dorothy St enfott
Senior Office Assistant
Enclosure
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SOHINI CONSULTING FOR
,ONS.ULTAN-T- ICES FOR THE SUSTAINABLE EDUCATION & ECONOMIC DEVELOPMENT
�� �� (SEED) COLLABORATIVE
V4, EMENT, for reference dated September 12, 2013, is by and between CITY OF CUPERTINO, a
municipal corporation (hereinafter referred to as "City "), and Sohini Consulting, a sole proprietor whose
address is 11238 Bubb Road, Cupertino, CA 95014 ( hereinafter referred to as "Consultant ") for consulting
services for the launch of the Sustainable Education and Economic Development Collaborative (herein
referred to as the "SEED Collaborative "), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of
California with the power to carry on its business as it is now being conducted under the Constitution and
the statutes of the State of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the special services which will be
required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the
services described in this Agreement on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on September 25th, 2013, and shall terminate on December 12th,
2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto
and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to
exceed Thirty Five Thousand Dollars ($35,000:00) as set forth in Exhibit "B" which is attached hereto and
incorporated herein by this-reference. Payment shall be made by checks drawn on the treasury of the City,
to be taken from the General Fund..
4. ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS:
Consultant shall comply with the requirements of California Penal Code 11164- 11174.3 and as set forth in
Exhibit "C" which is attached hereto and incorporated herein by this reference.
5. FINGERPRINT AND TB CONSULTANT DECLARATION:
Consultant agrees that all individuals covered under this Agreement shall provide fingerprints for in
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Exhibit "D" which is attached hereto and incorporated herein by this reference.
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing
standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed
by qualified and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this Agreement is that of
employer- independent contractor. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not limited to,
unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments, or other purposes normally associated with an employer - employee relationship
from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant.
9. IMMIGRATION REFORM AND CONTROL ACT (IRCA)•
Consultant assumes any and all responsibility for verifying the identity and employment authorization of all
of his /her employees performing work hereunder, pursuant to all applicable IRCA or other federal or state
rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss,
damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant.
10. NON - DISCRIMINATION:
Consistent with City's policy prohibiting harassment, it shall not harass or discriminate against
are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or
subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability,
marital status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that
any and all violations of this provision shall constitute a material breach of this Agreement.
11. HOLD HARMLESS:
Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection
with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents;
employees and volunteers from and against any and all liability, claims, actions, causes of action or demands
whatsoever against any of them, including any injury to or death of any person or damage to property or
other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining
to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
12. INSURANCE:
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On or before the commencement of the term of this Agreement, Consultant shall furnish City with
certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of
insurance coverage in compliance with this paragraph. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of the above insurance
covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer
affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified
mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this Agreement with an
insurance company that is acceptable to City and licensed to do insurance business in the State of California.
Endorsements naming the City as additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum
limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional
acts, errors and omissions of'Consultant in the arnount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which lie /she has agreed to provide
comprehensive general and automotive liability insurance, Consultant shall look solely to his /her insurance
for recovery. Consultant hereby grants to City, on behalf of any insurer providing services-of Consultant
CITY OFCUPERTINO- CONTRACT FOR PROFESSIONAL SERVICES PAGE 3
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herein, a waiver of any right to subrogation which any such insurer of said Consultant:may acquire against
City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance,
City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant
and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate
permitted by law and computed from the date written notice is received that the premiums have not been
paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an
additional insured under all insurance coverages, except any professional liability insurance, required by
this Agreement. The naming of an additional insured shall not affect any recovery to which such additional
insured would be entitled under this policy if not named as such additional insured. An additional insured
named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not
be required to contribute anything toward any loss or expense covered by the insurance provided by this
policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect Consultant.
Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for
Consultant.
13. CONFLICT OF INTEREST:
Consultant warrantssthat it is not a conflict of interest for Consultant to perform the services required by
this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided
under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity
as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt
to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee
shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of such assignment shall
be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer
or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy,
which shall result in changing the control of Consultant, shall be construed as an assignment of this
Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors whose narnes and
resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that
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Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers'
compensation insurance and shall also be required to carry general, automobile and professional liability
insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his /her sole expense, shall obtain and maintain during the term of this Agreement, all
appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may
be required in connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other document, hereinafter
collectively referred to as "Report ", reproduced, prepared or caused to be prepared by Consultant pursuant
to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or
required by this Agreement shall become the property of City, and all publication rights are reserved to City.
Consultant may retain a copy of any report furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or implementation of:
(T) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original. project; and /or
(4) Other City projects as City deems appropriate.
C. Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under. this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on recycled paper
and provided electronically in.an editable format (e.g. not PDF). All Reports shall be copied on both sides of
the paper except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by Consultant
pursuant to this Agreement shall be made available to any individual or organization by Consultant without
prior approval by City.
1S. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and
other such information required by City that relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation
of services. All such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such
books and records to the representatives of City or its designees at all proper times, and gives City the right
to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all
work, data, documents, proceedings and activities related to this Agreement. Such records, together with
supporting documents, shall be kept separate from other documents and records and shall be maintained for
a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 5
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is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse
City for all reasonable costs and expenses associated with the supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and
conclusively shall be deemed served when delivered personally or on the second business day after the
deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter
provided. All notices, demands; requests, or approvals from Consultant to City shall be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Erin M. Cooke
All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at:
Sohini Consulting
11238 Bubb Road
Cupertino, CA 95014
Attention: PJ Kota Iyer
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner
required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such
default is not cured within the time specified after receipt by Consultant from City of written notice of
default, specifying the nature of such default and the steps necessary to cure such default, City may
terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the
option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days'
prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall
pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination. Upon termination, Consultant shall immediately deliver to the City
any and all copies of studies, sketches, drawings, computations, and other material or products, whether or
not completed, prepared by Consultant or given to Consultant in connection with this Agreement. Such
materials shall become property of City.
21. UTILITIES:
Consultant shall pay all charges for fuel, gas, water, electricity, telephone services and any other utilities
necessary to carry on the operations of Consultant.
22. NUISANCE:
Consultant shall not maintain, commit, or permit the maintenance or commission of any nuisance in
connection with the performance of services under this Agreement.
23. SAFETY REQUIREMENT:
All work performed under this Agreement shall be performed in such a manner as to provide safety to the
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public and to meet or exceed the safety standards outlined by CAL -OSHA. City reserves the right to issue
restraints or cease and desist orders to Consultant when unsafe or harmful acts or conditions are observed or
reported relative to the performance of the work under this Agreement. Consultant shall maintain the work
sites free of hazards to persons and /or property resulting from his or her operations. Any hazardous
condition noted by Consultant, which is not a result of his or her operations, shall immediately be reported
to City.
24. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or
issued by City.
25. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any
choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and
obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having
jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this
Agreement shall be filed with the courts of the County of Santa Clara, State of California.
26. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising,
show bills, lithographs, posters or cards of any kind pertaining to the services performed under this
Agreement unless prior written approval has been secured from City to do otherwise.
27. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to
be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained
herein, whether of the same or a different character.
28. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature
are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof.
Any modification of this Agreement will be effective only by written execution signed by both City and
Consultant.
29. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will
terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time wid.iin a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This
Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision
of this Agreement.
30. ENVIRONMENTALLY PREFERABLE PURCIHASING
Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever
practicable in completing any work under this agreement, including but not limited to:
• Using paper products made with recycled content and recycled /remanufactured toner and
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 7
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ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy -star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal's Industrial and
Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction and reuse
protocols.
31. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted
herein, and the Agreement shall be read and enforced as though each were included herein. If through
mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be
amended to make such insertion on application by either party.
32. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way
affect, limit or amplify the terms or provisions of this Agreement.
33. The individual(s) executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Sohini Consulting
By PI Kota Iyer
Title Founder
Date
CITY OF CUPERTINO
A Municipal Corporation
By Erin M. Cooke
Title Sustain i ity Manager
Date l I. i • ( ,,
RECOM NDED FOR APPROVAL:
Title City Manager
APPROVED AS TO FORM:
1. uowk4tTL
City Attorney
ATTEST:
&a� °
City Clerk / ), — I ,�r-f3
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 8
SEED COLLABORATIVE
EXHIBIT A: SCOPE OF WORK
DESCRIPTION
The City of Cupertino is contracting for professional consulting services to support the launch of its Silicon
Valley Energy Watch ( "SVEW ") grant - funded Sustainable Education & Economic Development
Collaborative: A Cross - Sector Sustainability Framework to Transform the Way Small Communities Live,
Learn, Work, and Play ( "SEED Collaborative "). Through the SVEW Community Energy Champions Grant
( "CECG "), Cupertino will implement a comprehensive sustainability initiative that prioritizes energy
conservation across two cities (Cupertino and Mountain View) through two distinct tasks targeting small to
mid -sized businesses and local schools and evaluate the efficacy of the SEED Collaborative and outlines
reporting.requirements for the Initiative. This new prog-l- am builds on Cupertino's successful GreenBiz and
Growing Greener Blocks campaigns, developed in 2010 -12 with the support of two first -round CECGs.
The purpose of the CECG is to:
• Increase awareness of the importance of energy efficiency, as well as energy efficiency resources
and technologies, among target communities;
• Accelerate adoption of energy efficiency technologies and behaviors among target communities;
• Provide robust evidence, based in rigorous Experimental Design -based evaluation, for the
efficacy of behavioral initiatives in promoting energy efficiency;
• Build the capacity of local agencies, organizations, and institutions to be effective and reliable
providers of energy efficiency resources and information in targeted communities; and
• Provide robust, actionable, and replicable data on innovative energy efficiency education and
outreach approaches for publication and statewide distribution.
The Scope of Work proposed for SEED Collaborative- related consulting services, designed to achieve the
aforementioned CECG objectives, is outlined below and is not to exceed $35,000 through the payment
schedule outlined in EXHIBIT B.
GreenBiz Partners Overview
In partnership with local Chambers of Commerce, local banks and credit unions, and the City of Cupertino's
Economic Development Program, Task 1 of the Emerald City Initiative will extend Cupertino's award -
winning GreenBiz program to new geographic areas and non - traditional sectors. This "GreenBiz 2.0" will
introduce.a network of over 500 Mountain View Chamber of Commerce members and 1,000 Cupertino
home -based businesses to the Santa Clara County Green Business Program and engage a percentage of these
organizations in program certification. This Project will specifically prioritize the creation and deployment of
new and local financing tools to support businesses in'implementing facility utility conservation upgrades, a
historical program and certification barrier. Additionally, a new GreenBiz, handbook will be developed to
foster the creation of this supplemental and beneficial program in adjacent jurisdictions, which will be made
available to all interested agencies and Chambers of Commerce.
Green @School Overview
In partnership with local schools and the City of Cupertino's Parks & Recreation team, Green @School seeks
to expand local elementary and middle school's existing; success in energy efficiency and energy
management through aaseries of new student engagement tools. The Green @School program will foster
greater student participation in campus -wide sustainability and encourage parent engagement in home
energy efficiency and water conservation through the existing Do- It- Yourself Toolkit available at the
Cupertino Library. This Project will leverage the existing GreenBiz and Green Star Schools checklists to
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SEED COLLABORATIVE
shepherd elementary and /or middle schools through a GreenBiz- equivalent Certification process. By doing
so, Green @School will extend existing school- focused energy conservation efforts into new areas of
environmental gain including waste management, water conservation, and pollution prevention.
The consultant /firm is required to comply with fingerprinting and additional reporting requirements, where
applicable, as set forth in EXHIBITS C acid D.
II. PROJECT TASKS
The consultant is responsible for supporting the City in achieving its grant - related project objectives, as
directed by City Staff (Sustainability Manager and Environmental Programs Assistant). To that end, the
consultant(s) is responsible for achieving the following grant - related milestones by performing, at a
minimum; the following activities among the following project scopes:
Task 1: GreenBiz Partners
A. Planning Phase
- 15% of Consultant's Project- Related Time
October 2013 - December 2013
Meet with and confirm business sector(s) of focus with Mountain View Chamber;
Develop facility upgrade financing tools package with local lending institutions (banks and
credit unions) and encourage these lending institutions to pursue GreenBiz certification; and
Review and edit GreenBiz Mountain View - specific marketing materials, highlighting relevant
utility and financial partners as developed by staff and Climate Corps Bay Area ( "CCBA ")
Members.
B. Implementation Phase
January 2014 - September 2014
Review and edit CCBA Member - - -- designed property manager guide describing GreenBiz -
relevant Tenant Improvements and associated utility resources (rebates and free equipment) for
interior upgrades that are required for certification through the County Green Business Program
requirements;
Review and edit CCBA Member design of a toolkit to help other California cities and Chambers
adopt GreenBiz; and
Support CCBA Member efforts to structure and form a "GreenBiz Ambassadors" program, to
include managers /owners of certified green businesses convened to share best practices, develop
joint procurement opportunities, and help shepherd new businesses through GreenBiz.
C. Targets and Deliverables
In addition to the documents described above, the consultant /firm must ensure that 130 Cupertino and
Mountain View -based businesses are engaged in the GreenBiz 2.0 program and 25 new businesses are
certified through the Santa Clara County Green Business Program during the program year (ending
December'2014).
Task 2: Green@School - 60% of Consultant's Project- Related Time
A. Planning Phase September '2013 - December 2014
• Review and edit CCBA Member map of parallels between Green Business Program, Green Star
Schools Certification, and Green Schools Alliance criteria;
• Lead development of school and home -based Green @School Eco- Expert training modules by
five topic areas (energy, water, waste, stormwater, health) working with relevant school
administrators and students, City staff and Commissioners; and
• Design Eco- Expert surveys to gauge baseline and post - program student knowledge on each
CITY OFCUPERTINO -CONTRACT 'FOR PROFESSIONAL SERVICES PAGE 10
SEED COLLABORATIVE
topic area listed above; and
Design mini -grant program to fund equipment required for schools to complete Green @School
certification ($1,000 /school).
B. Implementation Phase January 2014 — June 2014
• Host program launch workshop with students to complete Green @School Eco- Expert surveys,
gauge student interests, learn about previous environmental pursuits, and sign team
commitment;
• Host Green @Horne Do -It- Yourself Training for students and parents;
• Host monthly trainings with relevant guest presenters on each checklist topic and engage
relevant members of the administration in these trainings;
• Offer mini- grants to support school initiatives;
• Launch school -to- school challenge to engage campus -wide community and ensure
recommended projects are implemented;
• Complete Action Plan and 2nd Green @School Eco- Expert survey;
• Support Environmental Programs Assistant & CCBA Member:
o Coordination of a County site visit for campus certification, implementation of any
outstanding measures;
• Compilation of a Green @School resource inventory for knowledge and information
transfer (critical for 3 -year recertification process) with completed checklist, notes, site
visit photo "evidence ", surveys, etc..;
• Development of an online handbook for other schools in Santa Clara County to
implement this program on their own campuses — make available on the City of
Cupertino website and Cupertino Green Kids;
Host student leader recognition event at School Board (with their support) and City Council
meetings;
C. Targets and Deliverables.
Consultant must engage at least 2 new Cupertino schools in Green @School and increase student and parent
knowledge about sustainability and energy efficiency by guiding one school through the Green @School
certification process.
Task 3: Program Evaluation and Assessment — 15 % of Consultant's Project - Related Time
Per the City's CECG Agreement, the consultant /firm shall evaluate the efficacy of the Emerald City Initiative
using "quasi- experimental design" (QED) at a minimum, as defined by the Silicon Valley Energy Watch, and
shall comply with all direction from SVEW in developing a complete evaluation plan at the outset of grant
activities. This Initiative, along with those of all 2013 -14 CECG campaigns, is part of the statewide portfolio
of ratepayer- funded energy efficiency programs (Statewide Portfolio), and therefore must provide robust
evaluation of its delivery and impact, in terms of both energy efficiency behavior change and immediate
energy efficiency technology uptake among participants. The evaluation of this campaign will be of
particular interest to the California Public Utilities Commission (CPUC), as the CPUC is currently in the
process of establishing a definition and framework for expanding and incorporating behavioral energy
efficiency programs into the Statewide Portfolio.
To that end, the consultant /firm will track all project activities and progress toward objectives. Measurement
methodologies will be designed to determine changes in awareness, knowledge, behavior, program uptake,
and energy use reductions (in kWh) where applicable. At a minimum, the consultant /firm shall work with
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the City's Project Manager to:
• Establish treatment and control groups, according to methodology approved by SVEW for all
Project Scopes;
• Conduct a baseline and follow -up assessment, as guided by SVEW, with all populations
participating in the program, including those in treatment and control groups;
• Assess variations in subscribership to the GreenBiz program and to Green Business certification
between treatment and control groups;
• Assess differences in pro - environmental and energy efficient behavior among students in the
treatment vs. control schools;
• Collect anecdotal evidence from participants regarding their experience with the program,
including their overall perspective on energy efficiency and the environment;
• Comply with all other Experimental Design and QED protocols as agreed upon between
Cupertino and SVEW in the first month of implementation.
Consultant /firm shall also make recommendations for any additional program assessment methods as
appropriate.
Task 4: Reporting Requirements - 10.% of Consultant's Project- Related Time
The consultant /firm will be required to comply with fingerprinting and additional reporting requirements
as set forth in EXHIBITS C and D. The Consultant(s) shall cooperate with City to prepare fiscal and progress
reports according to the following schedule:
Report
Content Description
Due Date
Report 1
Target population profile, outreach plan, evaluation plan, staff,
October 25, 2013
any changes since contracting
Report 2
Activities and milestones to date, any changes in target
March 21, 2014
population profile, staff, hurdles, evaluation progress including
any interim results, and testimonials
Final
Final program summary, all activities and milestones to date,
November 30, 2014
final evaluation results, best practices; testimonials and photos,
any plans for program continuation or expansion
Additional Responsibilities
In addition to the tasks outlined above, the consultant /firm is expected to support the following CECG
monitoring and assessment obligations, as deemed necessary by the City's Project Manager:
Attend periodic site visits to support SVEW's monitoring of the City's progress in meeting its
goals; and
Attend three initial training sessions to ensure progress is being made by the Emerald City
Initiative and to inform the program's team of new services technologies and findings from the
CPUC Marketing, Education and Outreach Task Force.
All deliverables, including reports, may be shared with PG &E and /or the CPUC in their entirety and /or in
CITY OF CUPERTINO - CONTRACT FOR PROFESSIONAL SERVICES PAGE 12
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summary. As such, the consultant /firm will be expected to adequately substantiate all claims made as part of
all aforementioned Task 1 -4 deliverables in accordance with all applicable requirements of the laws of the
State of California, federal common law, any California or federal statute or regulation and any local
ordinances, if applicable. Further, the consultant /firm shall substantiate marketing or tecluzological 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. For all deliverables noted above, including but not limited to reports and marketing materials, the
consultant /firm is responsible to identify all claims, and shall have written evidence and data to substantiate
the claim.
III. CITY'S RESPONSIBILITIES'
To support the process, the City will:
• Designate a Project Manager (Sustainabiliity Manager) and support staff for the project
(Environmental Programs Assistant, 2 Climate Corps Bay Area Members, seasonal Associates);
• Provide information and resources regarding related projects and activities as requested by the
consultant in a timely manner;
• Facilitate introductions and support relationship- building with the funder and relevant project
stakeholders;
• Schedule meetings and presentations to relevant groups and participate in presentations with
consultant support; and
• Perform reviews of material and report submittals by consultant in a timely manner.
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 13
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EXHIBIT B: PAYMENT SCHEDULE
City shall compensate Consultant for professional services performed in accordance with the terms and
conditions of this Agreement based on the hourly rates and schedule set forth below.
The compensation to be paid to Consultant under this Agreement for all services described in Exhibit A and
reimbursable expenses shall not exceed thirty five thousand dollars ($35,000). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the City.
Consultant Proposed Hours: 775 @ $45 1hr TOTAL $34,875
Invoices shall be submitted quarterly, through the following schedule:
• Invoice 1: December 20th, 2013
• Invoice 2: March 28th, 2014
CITY OF CUPERTINO - CONTRACT FOR PROFESSIONAL SERVICES PAGE 14
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• Invoice 3: June 27th, 2014
• Invoice 4: September 26th, 2014
• Invoice 5: December 19th, 2014
Invoices
In order to request payment, Consultant shall submit invoices to the CITY based on the schedule.set forth
above describing the services performed and the applicable charges (including a summary of work
performed during that period, personnel who performed the services, hours worked, task(s) for which work
was performed).
Reimbursable Expenses
Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house printing,
insurance and other ordinary business expenses are included within the scope of payment for services and
are not reimbursable expenses.
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only by advance
written authorization from the City's Project Manager prior to commencement of any additional services.
Consultant shall submit, at the Project Manager's request, a detailed written proposal including a
description of the scope of additional services, schedule, and proposed maximum compensation.
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 15
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EXHIBIT C: ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS, RECEIPT OF
TRAINING AND RECEIPT OF PENAL CODES STATUES
A mandated reporter is an individual who is obligated by law to report suspected cases of child abuse and
neglect. In general, any individual who, in the ordinary course of their employment, has contact with
children is a mandated reporter. Mandated reporters include child care workers, teachers and coaches.
(California Penal Code 11165.7).
If your job duties as an employee or an independent contractor of include contact
with children, you are a Mandated Reporter. Prior to commencing employment and as a prerequisite of that
employment, California law requires that you sign a statement to the effect that you have knowledge of the
provisions of the Mandated Reporter Law, and will comply with those provisions. (California Penal Code
11166.5).
The following are the Mandated Reporter responsibilities under California law. You are also being provided
with a separate informational document which includes the text of the California Mandated Reporter Law
and contact information for Child Abuse and Neglect Reporting for the County of Santa Clara. Please review
this information carefully and acknowledge your receipt and understanding where indicated. If you have
questions or concerns about this form or your Mandated Reporter responsibilities, please contact the
Recreation Supervisor at 408- 777 -3120.
I understand that:
• By virtue of my employment or independent contractor status with , and because my
employment requires me to have contact with children, I am .a Mandated Reporter as defined by
California Penal Code 11165.7.
The following situations trigger mandatory reports: a) Physical Abuse (willful harming of a
child); b) Sexual abuse including sexual assault, child exploitation, pornography, and trafficking;
c) Severe or General Neglect; and d) Extreme Corporal Punishment (resulting in injury). (Cal.
Pen. Code 11165 et. seq.) I further understand that I may, but am not required to, report
suspected Emotional Abuse.
• If I reasonably suspect that a child is being abused, I must immediately make a telephone report.
I must follow up with a written report within 36 hours. This report may be made to local law
enforcement, or County Sheriff's Department, Probation Department or Child Welfare Agency.
(Cal Pen. Code 11166(a)).
• I am not required to, but I may, share information about suspected abuse with my supervisor or
management or the parents of the alleged victim.
• When I make a mandated report, I will be required to give my name. However, my identity will
be kept confidential unless I either consent to disclosure or if the disclosure is made pursuant to
a court order. Further, agencies investigating the mandated report may disclose my identity to
one another. (Cal Pen. Code 11167(d)).
• The following agencies and individuals receiving or investigating mandated reports may
disclose my identity to one another:
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 16
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• Prosecutors in a criminal prosecuting or in an action initiated under section 602 of the
Welfare and Institutions Code arising from alleged child abuse;
• Counsel appointed pursuant to subdivision (c) of Section 317 of the Welfare and
Institutions Code;
• A licensing agency when abuse or neglect in out -of -home care is reasonably suspected.
(Cal Pen. Code 11167.5)
I may not be disciplined, dismissed, retaliated against, discriminated against or harassed for
making a mandated report of reasonably suspected child abuse.
• As a Mandated Reporter, I have civil and criminal immunity when making a report (Cal Pen.
Code 11172).
• As a Mandated Reporter, it is a misdemeanor to fail to comply with Mandated Reporting laws
and I can be held criminally liable for failing to report suspected abuse. The penalty for this is
up to six months in County jail, a fine of not more than $1000, or both. I further understand I
could be civilly liable for failure to report. (Cal. Pen. Code 11166(c)).
I have been provided with a copy of California Penal Code sections 11164- 11174.3 (Mandated Reporter Law).
I understand that I am a legally Mandated Reporter. I am aware of and understand my responsibilities
under the Mandated Reporter laws of this state and am willing and able to comply. I understand that a copy
of this Acknowledgement will be kept in my personnel file.
•� �
Name (Sig � nature) Date
Name (Print)
CITY OF CUPERTINO -CONTRACT FOR PROFESSIONAL SERVICES PAGE 17
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EXHIBIT D: CONSULTANT DECLARATION
The undersigned does hereby certify that:
1. I am a representative of SpVI {ll 1 GDsuClI ,(-consultant or company name); that I am
familiar with the facts herein and am authorized and qualifYed to execute this declaration.
&A, Co2. I declare that � �nl sk a` consultant or company name) has complied with fingerprinting
and criminal background investigation recMirements with respect to all Consultant's employees who may
have contact with minors in the course of providing services pursuant to the Agreement, and the California
Department of Justice has determined that none of those employees has been convicted of a felony, as that
term is defined in California Penal Code Section 11105.3.
3. That a complete and accurate list of Consultant's employees, who may come in contact with minors
during the course and scope of the Agreement, are included below.
4. All of the below mentioned employees have tested negative for TB, or X -ray results for TB, and have
current documentation on file with Consultant.
A List of all Consultant Employees Working for the City of Cupertino:
5. The City of Cupertino will be notified by Consultant of any new employees and will be added to the
above list prior to beginning work for the City of Cupertino.
I declare under penalty of perjury that the foregoing is true and correct:
12. 1'3 - irw
Date Place
Staff Titl
Consultant Sqnature
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