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C. 37

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	September 26, 2017

Contra

Costa

County

Subject:

Contract with Energy Council to Support East Bay Energy Watch Activities - 2017

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 09/26/2017

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:

Demian Hardman (925) 674-7826

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: September 26, 2017
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract including modified indemnification with the Energy Council (Joint Powers Agency), to accept funding in an amount not to exceed $40,000 to assist Pacific Gas and Electric Company (PG&E) with its East Bay Energy Watch (EBEW) Local Government Partnership Program for the period January 1 through December 31, 2017.

FISCAL IMPACT:

There will be no impact to the General Fund. The funding provided by this contract will cover Department of Conservation and Development (DCD) staff time costs associated with assisting PG&E and the Energy Council with its EBEW Local Government Partnership Program for calendar year 2017.

BACKGROUND:

East Bay Energy Watch (EBEW) is a Local Government Partnership (LGP) collaboration between PG&E, local governments, non-profit and for-profit service providers in the East Bay providing energy efficiency solutions for residents and businesses in communities throughout Alameda and Contra Costa Counties. EBEW is one of twenty-one (21) Energy Watch LGPs administered by PG&E and funded by California utility ratepayers under the auspices of the California Public Utilities Commission (CPUC). EBEW includes city and county staff members of both Alameda and Contra Costa Counties that work together to support energy efficiency programs to meet the needs of local customers and communities.

Since 2010, the County has been actively participating in EBEW and receiving funding to assist with marketing and outreach on the various energy efficiency incentive (rebate) programs being offered to businesses throughout Contra Costa.

EBEW primarily focuses on programs for businesses but also has one relatively small program for residents. The County has not participated in the residential component since it would require start-up funding from the County, is not seen as cost-effective, and the County already participates in a rebate program for residents through an existing program called the Bay Area Regional Energy Network (BayREN).

In early 2016, the County was allocated funding to act as Co-Administrator in partnership with the Energy Council joint powers agency formed by Alameda County and its cities to (1), support EBEW administrative functions on behalf of EBEW programs in Contra Costa County and (2), implement a marketing and outreach campaign targeting small/medium businesses within the incorporated and unincorporated areas of the County. The contract for 2017 includes the same administrative activities, but excludes the requirement of implementing a marketing and outreach campaign.

Due to the unique nature of the required contract language and funding source, both agencies needed a substantial amount of time to craft mutually agreeable contract provisions. The agreement requires the County to defend and indemnify the Energy Council from all claims and liabilities to the extent that the claims and liabilities arise from the County’s negligence or willful misconduct while performing its obligations under the agreement. The proposed effective date of this contract will provide for cost reimbursement for eligible work completed by DCD staff, in accordance with the contract requirements.

CONSEQUENCE OF NEGATIVE ACTION:

The County would not receive $40,000 to cover DCD staff time to support EBEW activities on behalf of the incorporated and unincorporated areas of the County for 2017.