R09-147
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1 RESOLUTION R09- /4 1
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 THE MAYOR AND CITY CLERK TO EXECUTE AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND CAMP, DRESSER, AND MCKEE, INC.
9 (CDM) FOR A COMPREHENSIVE CLIMATE CONTROL
10 ACTION PLAN; AND PROVIDING AN EFFECTIVE
11 DATE.
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14 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
15 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
16 Beach to authorize execution of the Consulting Agreement for the development of a
17 Comprehensive Climate Control Action Plan.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
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Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
24 the Mayor and City Clerk to execute The Consulting Agreement attached hereto and made a
25 part here as Attachment "A".
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S:\City MgMdministration\Lori LaVerriere\Agenda Items\RESO Climate Control Action Plan Consultiing Agreement.doc
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Section 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of October, 2009.
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ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
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"" fY t ,lcr-
~ayor:Je Ta lor, '
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Vice Mayor - Woodrow L Ha
~A.
Commissioner Ronald Weilan
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Commissioner - Jose Ro guez
7/~/~
Commissioner - arlene Ross
.P~
J et M. Prainito, CMC
ity Clerk
Control Action Plan Consultiing Agreement.doc
C:\Documents and Settings\Javerrlerel\Local Settings\Temporary Internet Flles\OLK5B\RESO Climate Control Action Plan
Consultling Agreement.doc
ATTACHMENT '"A"
R oq - I,", 7
CONSULT ANT AGREEMENT FOR
CONSULTANTS TO ASSTST IN THE DEVELOPMENT OF A COMPREHENSNE
CLIMATE ACTION PLAN
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter
rcfcn'ed to as "the City", and earn>> Dresser and McKee. Inc. (CDM) of West Palm
Reach. Florida hereinafter referred to as "the Consultant", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
!;ONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perfonn the services, identified on
Exhibit "A" (Scope of Services) and Exhibit "B" (ARRA Specific Requirements)
attaclled hereto and incorporated herein by reference, including the provision of all
lahor, materials, equipment a.nd supphes. No modifications will be made to the
ori&.;nal scopt: of work without the written approval of the City Manager or his
designee.
3. TTME FOR PERFORMANCE. Work under this ali:,rrecment shall commence upon
the giving of written notice by thc City to the Consnltant to proceed. Consultant
shall corl1plctc all services and provide all work product required pursuant to this
agrc~mcnt as follows, unless an extension of such time is s,rrantcd in writing by the
City:
. Component 1. The Energy Conservation Strategy is January 4, 2010
. Component 2. The GHGE is April 21, 20iO
. Component 3. The Climate Action Plan is April 21, 2010.
4. TERM: This Agreement shan be effective commencing on the date the Agreement
is executed by the City. The dates of the completion are as follows:
. Component 1. The Energy Conservation Strategy is January 4, 2010
. Component 2. The GHGE is Apri I 21, 2010
. Component 3 The Climate Action Plan is April 21, 2010.
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5. PAYMENT. Payment for the work provided by Consultant shall be made as
provided on Exhibit "B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $195.900.00 without express written modification of the
agreement signed by the City.
Funding for this plan is contingent upon a positive application review by the United
Sta.tes Departmcnt of Energy (DOE) for City of Boynton Beach's Energy Efficiency
and conservation Block Grant (EECBG) funding appllcation and therefore directly
tied to the thorougluless and accuracy of Consultants work. The Consultant shall be
paid by tile Provider/City for completcd work and for serviccs rendered under thls
agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment
to consultant for services provided under this agreement for tne entire term of the
Agreement
b. Payment for lhe work providcd by Consultanl shall be made prompl1y on a.11
invoices submitted to the City properly provided that the total amount of payment to
Consultant shall not exceed thc total contract price without express written
modi1ication ufthe Agreement signed by the City Manager or his dcsignee.
The Consullant may submit invoices to the City once per month during the progress
of the work for partial paymcnt for project complcted to date. All invoices must
includc staff involved, position (title), hourly rate, number of hours worked on the
project and description of task and submitted monthly by the first 1 ~l day of the
following month for ARRA reporting compliance. Such invoices will be reviewed by
the City, and upon approval thereof, payment will be made to the Consultant in the
amount approved.
d. After completion of the work under this agreement final payment of auy balance
due the Consultant of the total contract price earned wlll be made promptly upon
the City's ascertainment, verification and its acceptance and receipt of notification
of U.S. Department of Energy's approval of the Energy Strategy.
c. Payment as provided in this section hy the City shall be fLll1 compensation for
work performed, services rendered and for all materials. supplies, equipment and
incidentals necessary to complete the work.
f The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspcction by representatives of thc City, State and Department of
Energy for a ptrriod of tl1ree (3) years after the teJll11natioll of the Agreem ent. Copies
shall be made available upon request. The Consultant will not dispose of or destroy
any record peltaining to this agrcement without fIrst providing sixty (60) days written
notification t the City Clerk aJld the City Attomey.
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6. OWNERSHTP AND USE OF DOCUMENTS. All documents, drawings)
specifications and other materials produced by the Consultant in connection with
the services rendcred under this Agreemcnt shall be the property of tbe City
whether the project for which they are made is executed or not. The Consultant
shall be permitted to retain copies, including reproduciblc copies, or drawings aJld
specifications for i11formation, reference and use in connection with Consultant's
endeavors.
7. COMPLIANCE WITH LAWS. Consultant shaJ1, in perfon11ing the services
contemplated by this Agreement, faithfully observe and comply with all federal,
state and local laws, ordinances and regulations that are applicable to the scrvices to
be rendered under this agreement.
8, INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the
City, its offices, agents and employees, from and against allY and all claims, losses
or liability, or any portion thercof, illcluding attorneys fees and costs, arising from
inj ury or death 10 persons, including injuries, sickness) disease or death to
Consultant's own employees, or damage to property occasioned by a negligent act.,
omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and mait1tain in force throughout thc
duration ofthls contract comprehensive general Ii ab11i ty insurance with a minimum
coverage of $1,000,000 per occunence and $1,000,000 aggregate for personal
inj ury; and $1,000,000 per occunence/aggregate for property daJl1age, and
professional liability insurance in the amount of $1,000,000 per occurrence to 2
million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting caneellation of said policy
except upon thirty (30) days prior written notice to the City. Certificates of coverage
as required by this section shall be delivered to the City within nJteen (15) days of
execution of this agreemc11t.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the
Consultant is an independent contractor with respect to the services provided
pursuant to this agreement. Nothing in this agreement shall be considered to create
the relationship of ernployer and employee betwccn the parties hereto. Neither
Consultant nor any employce of Consultant shall be entitled to any bcnefits
accorded Cit.y employees by virtue of the services provided undcr this agreement.
The City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance
program, otherwise as5umiJ1g the duties of an employer with respect to Consultant,
or any employee of Consultant.
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11. COVENANT AGAINST CONTINGENT FEES. The Consultant wan-ants that he
has not employed or retained any company or person, other than a bonafide
employee working solely for the Consultant, to solicit or secure this contract, and
that he has not paid or agreed to pay any company or person, other than a bonafide
employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from
the award or making of this contract.
For breach or violation of this warranty, the City shall ha.ve the right to annul this
contract without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, conunlssion,
percentage, brokeragc fee, gift, or contingent fee.
12. DrSCRlMINA TlON PROHIBITED. The Consultant, with regard to the work
pcrfonned by it under this agreement, will not discriminate on the grounds of race,
color, national origin, religion, creed, age, sex or the presence of any physical or
sensory handicap in tbe selection and retention of employees or procurement of
materials or supplies.
13. ASSIGNMENT. The Consultant shall not suhlet or assign any of the services
covered by this Agrcement without the express written consent of the City.
14. NON-W AIVER. Waiver by the City of any provision of this Agreement or any
time limitation provided for in this Agreement shall not constitute a waiver of any
othcr provision.
IS. TERMINA TION.
a. The City reserves the right to telminate this Agreement at any time by giving
ten (10) days written notice to the Consultant.
b.ln tbe event of the death of a member, partner or officer of the Consultant, or
any of its supervisory personn~l assigned to the project, the surviving members of
the Consultant hel"eby agree to complete the work lindeI' the terms of this
Agreement, if requested to do so by the City. This scction shall not be a bar to
renegotiations of this Agreement bctween surviving members of the Consultant
and the CilY, if the City so chooses.
16. DISPUTES. Any disputes that mise between the parties with rcspect (0 thc
perfonnance of this Agreement, which cannot be resolved through negotiations, shall
he submitted to a court of competent jurisdiction in Palm Beach County, Florida.
This Agreement shaH be construed under Florida Law.
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ATTACHMENT '\A"
17. NOTICES. Notices to the City of Boynton Bea.ch shall be sent to the following
addrcss:
City ofBoYllton Beach
Attn: Carissc Lejennc
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Camp, Dresser, and McKee, Tnc.
1601 Belvedere Road, Suite 211 South
West Palm Beach, FL 33406
Att11: Ji-Ang Song
18. INTEGRA TED AGREEMENT. This agreement, together with attaclunents or
addenda, represents the entire and integrated agreement between the City and the
Consultant and supersedes all prior negotiations, representations, or agreements
written or oral. This agreelllent may be amended only by written instrument signed by
hoth City and Consultant.
D A TED thi 5 ~ day 0 f &'e>hI/;,.(1,""'- , 200Y.
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CAMP, DRESSER ~ MCKEE, INC.
D (~
City Manager Consultant
Attest! Authenticated:
;ff{lc
(Corporate Seal)
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EXHIBIT "A"
Scope of Services
The pU11Jose of this Request for Proposal (RFP) is to obtain quali fications and proposals
from consultants to assist the City of Boynton Beach (CBB) in the development of a
comprehensive Clima.te Action Plan (CAP) to advance CBB's energy conservation and
environmental sustainability goals. The CAP will involve completing, reviewing and
analyzing the results of a greenhollse gas emissions (GHGE) inventory for both
municipal operations and community within the City limits; preparation of a long nlnge
CAP recommending target reduction areas, preparmg preliminary policy
recommendations for consideration by City Commission, and ultimately a detailed
implementation strategy CBB can use to seek internal and external funding to complete.
The composite elements of the Encrgy Conservation Strategy (ECS), GHGE inventory &
analysis, and CAP will be refclTed to as "Plan" for the purposes of this document. An
important, time sensitive element of the Plan will be to assist CBB irl completing the
requir~d ECS to complete its DepaJ.-tmcnt of Energy (DOE) application for Energy
Efficiency and Conservation Block Grant (EECBG) funding.
PROJECTBAeKGROUND
On March 26, 2009, the (DOE) released the Funding Opportunity AImouncement for
approximately $2.7 billion in estimated formula grants under the (EECBG) Program as
part of the American Recovery al1d Reinvestment Act (ARRA) of 2009. In addition. up to
$456 million is planned to be made available under a separate con"lpctitive solicitation
through the DOE at a later date. Public Law 111-5, appropriated funding for the DOE to
issue/award fOllmda-based grants to states, U.S. TerritOlies, units of local government,
and Tndian Tribes under EECBG program, as set forth in Title V, Subtitle E of the Energy
Independence and Security Act (EISA) of 2007.
Projects/programs under this announcement funded, in whole or in part, with funds
appropriated by the ARRA, are purposed to stimulate the economy and to create and
retain jobs. ARRA gives preference to activities that can be started and completed
expeditiously. Accordingly, special consideration will be given to projects/programs that
promot~ and enhance the objectives of ARRA, especially job creation, preservation and
cconOll11C recovery.
eBB was allocated $658,900, in funds for local encrgy efficiency improvements. The
eBB seeks to use the required Energy Conservation Strategy (ECS) funding available
through the EECBG to advance CBB's energy conservation and environmental
sLlstainability goals, articulated in, but not limited to, Green Task Force Final
Recommendations to City Commission, October 7, 2008.
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The planned uses of the Energy Efficiency and Conservation funds include:
. Energy audits and retrofits of residential and commercial buildings;
. The development and implementation of advanced building cod es and
inspections;
. The creation of financial inccntive programs for energy efficiency improvernents;
. Transportation programs that conserve energy;
. Projects that reduce and capture greenhouse gas emissions; GHGE
. Renewable energy installation on govemment buildings;
. Energy efficient traffic signals and lights; and
. Deployment of Combined Heat aIld Power and district heating and cooling
systems.
Thc distribution and uses of EECBG funds must meet the reporting requirements of
Attachment "e" ofthc U.S. Department ofencrgy; including
1. Jobs created and/or retained;
2. Energy savcd;
3. Renewable energy capacity;
4. GHG emissions reduced; and
5. Funds leveraged
CBB submitted an initial application on June 3, 2009, requesting funding to engage a
consultant to perform the analysis and develop collaboratively with CaB staft: the
rcquired ECS to obtain the balance of the available funding allocation arId to enable CBB
to continue seeking competitive funding available through other ARRA and grant
opportunities.
Funding obtalned through the EECBG for the ECS will be utili~ed to complete the three
primary clements of the Plan: 1) Development of the ECS and preparation of funding
applications to the DOE for applicable projects/programs~ 2) completion of CBB's
greenhollse gas emission (GHGE) analysis establishing a benchmark year for both
municipal operations and general population within the City limits; and, 3) fOnllu)ate a
long range CAP to contirmc the goals of the City's Green Task Force.
CONSULTANT REQUIREMENTS
CBB is seeking proposals from qualified finns, teams or individuals (Consultant) to
provide professional services to eBB staff by developing the CAP which will include
preparation and submission of EcS to the DOE and completion of data collection and
analysis establishing greenhouse gas emission levels for a benchmark year.
The Consultant will work collaboralivc1y with eBB project team, Sustainability Team,
representatives of other city departments, volunteers from the community, other
govemmcntal agencies and utilities, to develop the final CAP. eBB will convene a
project team to guide the projecl and work with the Consultant. The Consu!ta:nt should
have sufficient professional experience in the field of energy conservation. renewable
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energy, and environmental sustainability to assist eBB by indenti fying projects with the
greatest opportunity for sustainabjllty, return on investment and environmental impact.
Additionally, the Consultant must be familiar with globally acecpted protocols for
determining GHGE, including those utilized by TCLEI - Local Government Cor
Sustainability's Clean Air and Climate Protection (CAe?) software. The Consultant
must also be familiar with external funding opPoltunities, including but not limited to
those contained in the ARRA. The Consultant will analyze, design, and prioritb~e
initiatives that efficiently and effectively meet the overall purpose of the CAP.
Th~ Consultant shall comply with the reporting requirements included in Section 1512 of
the American Recovery and Reinvestment Act of 2009 (Recovery Act).
PLAN COMPONENTS AND SCOPE OF WORK
The scope of services for the Plan is outlined below. However, respondents should note
that these work items are thc basis for the tecl:mical assistance and are not intended to be
inclusive of all of the t.asks required to prepare a complete proposal. Respondents should
expand and modify these items, as needed; to assure a complete, cort1prehensive proposal
for the technical assistance required to deliver the work products in the Plan. Funding for
this Plan is contingent upon a positive application review by DOE for CBB's EECBG
application and is therefore directly tied to the thoroughness and accuracy of Consultants
work. Consultant will respond to all requests for clarification, further analysis, additional
dOCU1l1entation or infonnation received by CBB as a result of DOE's review of the ECS
applications, until such time \.is funds have been secured. Consultant will not be
compensated until such time.
It shall he noted that all work products for the Plan and its scope of services shall be
provided to the City in both hardcopy and editable electronic fonnat. The City shall own
all work products and documents resulting from this RFQ and shall approve the
consultant's choice of software utilized for this Project.
EECBG ECS - Component 1
The eBB project team will indentify priorities and strategic goals among potential
investments for the EECBG funding allocation. The Consultant will evaluate potential
activities, outline potential projects, identify partnerships and other strategic opportunities
that strengthen the City's overall strategy and EECBG submission in accord with the
guidance provided hy DOE. A critical element of the EECBG program is meeting the
goal of timely investment of allocated funds. Local entities, including CBB, are required
(0 obligate/commit all funds within eighteen (18) months from the effective date of the
award. In the event fnnds are not obligated/committed within eighteen (18) months,
DOE reserves the right to discharge the funds and cancel the award. The total grant
period is 36 months. Time is of the essence in the delivery of this Plan cOll1ponent.
Unless we meet deadlines, the consultant will not be compensated.
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DOE has identified the following as among the eligible activities:
. Residential and Commercial Building Energy Audits.
. financial 1ncentive Programs and Mechanisms for energy efficiency
improvements such as energy savings perfonnance contracting, on-bill financing,
and revolving loan funds.
. Grants to nonprofit organizations and governmental agencies for the purpose of
perfonning Energy Efficiency Retrofits.
. Energy Efficicncy and Conservation Programs for Buildings and Facilities.
. Development and implementation of transportation programs to conserve energy.
. Building Codes and inspections to promote building energy efficiency.
. Energy distribution tcchnologics that significantly increase energy efficiency,
including distributed resources, combined heat and power, and district heating and
cooling systems.
. Material Conservation Programs including source reduction, recycling, and
recycled content procurement programs that lead to increases III energy
efficiency.
. Reduction and capturc of methane and greenhouse gases generated by landfills or
similar waste-related sources.
. Energy eflicient traffic signals and strcet lighting.
. Renewable energy technologies 011 government buildings.
. Any othcr appropriate activity that meets the purposes of the program and is
approved by DOE.
A list of eligible activities for the usc of program funds is provided in Section 544, Title
V, Subtitle E of the EISA. Additional details on eligible activities are in thc Funding
Opportunity Aru10uncemcnt referenced above.
DOE is giving preference to projects that:
. Levcrage other public and private resources.
. Enhance workforce devclopment.
. Persist beyond the funding period.
. PrOlll.ote encrgy market transformation such as revolving loans, low-cost loans.
energy savings performance contracting, adv~l11ced building codes. building and
home retrol1t incentives and policies, and lranspOltation programs and policies.
The Consultant will assist CBB to identify projects that meet these criteria and develop
project proposub that achieve these goals for both the ECS and EECBG submission.
TIlese goals wi 1.1 be incorporated into the CAP.
Scope of Services for eomponent 1
. Develop with the CBB project team, a strategy for the implementation of
energy efficient programs and projects.
. Collect and analyze data that will prioJitize energy efficiency and
conservuLion projects for the cleanest, most inexpensive ways to meet
demand, have long term benefit and self-sufficiency that will I.ink effOlts to
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long term priorities Il1 arcas of economic development, community
stabilization, and environmental stewardship.
. Design programs and projects for investment that creates and/or retains jobs,
stimulates the economy, and meets long term energy goals.
. Evaluate programs and projects that will provide substantial, sustainable, and
measurable energy savings, job creation, and economic stimulus effect.
. Develop a clear, concise work plan to carry out the activities and objectives
detaiJed in the applicant's proposal and any subsequent gnmt agreement.
. Coordinate to every extent possible with local govemrnent and other
organizations involved in similar initiatives to expand the potential for the
completion of a successful proj ect.
. Prepare budget with justification.
. Identify altemative public and private funding sources for the project.
. Ensure that the eBB EECBG program mects all requircments of the ARRA of
2009.
. Assist in the preparation of all requircd components of CBB's EECBG
Application
Tasks:
The ECS shall be a comprehensive strategy that includes the following items:
1. Jurisdictional area covered by plan smd governing body and/or office with
direct authority over plan.
2. Tmplementation partners and any leveraged funds from private or other
public sources.
3. Baseline inventorics and forccasts of energy sources, energy uses, energy
rates, GHGE, and other pertinent factors/indicators related to energy
efficiency and conservation.
4. Goals/objectives for total energy use and emissions reductions. and energy
efficiency increase (including deployment of renewable technologies.)
5. Actions/plans/strategies and implementation schedule to meet goals.
6. Estimate of the potential impact of anticipated leveraged funds from
private as well as other public sources.
7. Expected outcomes and bcnefits of policies, programs, and projects
eligible for EECBG funding;
a. Jobs created and/or retained
b. Energy saved
e. RenewabJe energy capacity
d. GHGE reduction
e. Funds leveraged
f. Environmental impacts (DOE - NEPA - Implementillg Procedures
00 CFROI021)
8. Obstacles to reaching goals and strategies to remove obstaeles
9. Policies and/or administrative actions adopted or nceded lO SUPPolt
acti on sip lans/ strate gi es/tar gelS! sch cd ul e
10. Evaluation, monitoring and verification plan
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11. Fonnats for meeting implen1entation progress reports to DOE consistcnt
with ARRA requirements.
12. Plan for how activities wm be sustained beyond the grant peliod.
13. Plans for the lLSC of funds by adjacent eligible units of governments that
receive grants under the program; and plans to coordinate and share
infol111atlon with the State of Florida regarding activities carried out
using tbe grant to maximize the cncrgy efficiency and conservation
benefits under this part.
14. Plans for how these funds will be coordinated with leveraged funds,
including other Recovcry Act funds, to maximize benefits for local and
regional communities.
15. Plan for sustainable administration of the program beyond the initial
pro gram period, including staff commitment and/or outside
all iances/partnershi ps.
16. Power point presentation, in PPT f0TI11at, summarizing the elements of the
application, identifying partnerships and explaining the program, to be
used for educational/marketing preserltations.
Delivcrables:
Completed EECBG application documents for all program activities.
. Written plan Cor continued implementation/administration of the programs.
. Written plan for reporting methodology and data collection to meet ARRA
requirements
. All relevant partnership and funding agreements for leveraged partnerships and/or
program administration.
. All documents will be delivered in Microsoft product formats; including but not
limited to Word, Excel; & PowerPoint, ami the latest available version of Adobe
Acrobat (final documents only.); and three (3) hardcopies of final documents. All
documents contained within Adobe Acrobat files must also be provided in an
ediCablc format.
. Spreadsheets and other data used for analysis shall be provided to CBB, and shall
be well-organized, clearly named, and shalt be readily followed by a
knowledgeable user. Fom1l1las in spreadsheets shaH contain no embedded data or
conversion factors, but shall instead refer to cells containing such infoffi'latiol1.
Spreadsheets shall be constructed to the maximum extent possible to have anyone
raw numerical valued e11lCred only once, with subsequent use of that value
contained in a referenced cell.
. The Consultant will be required to make four (4) public presentations on the
activities associated with this task.
GHGE Inventory - Cornponent 2
eBB has initiated data collection for municipal operations to begin preparations for a
CAP for the purpose of identifying greenhouse gas emissions and implementing specific
measures that will allow tbe community to achieve reductions in such emissions.
Ongoing procedures provided by the Consult.1ut for the measurement and tracking of
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GHGE will need to meet the reporting requirements of valious local, State and Federal
agencies.
The Consultallt will be tasked with inventory collection and forecast of additional data to
complement that effort and complete a community-wide GHGE hlVenlory to assist with
CAP analysis. An emissions reduction target is expected to be adopted concurrently with
the CAP. Various GHGE reduction strategies w11l be presented in the draft CAP and each
will be presented along with the associated costs and benefits. This will allow the eBB
City Commission to adopt a CAP knowing the costs) benefits, opportunities and
challenges that can be expected during implementation.
Scope of Services for Component 2
. The Consultant will be required to work in close coordination with municipal,
county, state, and federal-level inventory and forecasting efforts, as well as with
local and national organizations ~uch as lCLEI and others detennined by CBB.
. The Consultant will be required to obtain data from outside agencies such as
Florida Power and Light; Florida Public Utilities; Florida Department of
Transportation, etc.~ to complete the GHGE inventory utilizing CBB's ICLEI
CACP ::Ioftware license) establishing a benchmark year.
. The GHGE inventory will covcr the sectors in lCLEI's approach to developing
local CAP's: the City organization's facilities, operations, fleet, waste, and other
emissions; and community-wiele residential, commercial, and industrial
emissions, transportation, waste, and other emission sources. The GHGE will
include targets for City operations and for community-wlde reductions.
. The GHGE inventory will include a detailed irnp1cmentatlon strategy including
identification of legislative and budgetary actions requi.red, departmental and
coordinating starf responsibilities, and tracking and reporting of progress as the
plall is implemented.
. Provide an overview ofGHGE dara reporting requirements for various local, State
and Federal agencies related to existing legislation and programs.
. The Consultant will work with designated staffto detemlinc the best methodology
for continued data collection based on lhe latest CACP softvvare Llpgrade,
including preparation of an administrative policy defining the responsibilities of
various CBB departments in contributing dala ror analysis.
. GHGE reduction measures will be prioriti7.:ed based on cost, potential CO2
reductions, co-benefits and other [actors. The consultant will have expertise in the
calculation of such costs and benetits.
Tasks:
1. With oversight from CBB's Project Team, complete the govemment
inventory in the ICLEl CACP Software.
2. To the maximum extent feasible, develop an inventory of GHGE for the
larger community, extending to the City limits, for calendar year 2006,
following the ICLEI CACP data collection eriteria.
3. Provide CBB with a projected inventory for calendar years 2035, and two
others to be dctelmined by eBB project team and Consultant, under a
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"business as usual" (BAU) scenario, a comparative analysis of reduction
required by the U.S. Mayors Climate Protection Agreement and one
other comparative source detennined by CBB and the Consultant.
Assumptions for this forecast will be compatible with demographic,
economic, and transportation network data developed or used by CBS as
part of its long range plaIllling process.
4. Provide CBB with a PowerPoint presentation, in PPT f0n11at, of the
1'nethodology used. inventory data sources, and BAU scenarios fOT
public prescntation and education.
5. Providc CBB with a draft final document, detailing the 2006 inventory,
future forecasts, and future calendar year estimates. A final document,
responding to eBB comments shall be eompleted within two weeks of
receiving comments.
6. Data Sources - The inventory shall include a detailed list of data sources
and contacts at data sources used to create the inventory, forecast, and
estimates.
7. Source!> of Emissions - The inventory shall detail the sources of emission
included in the inventory, major emission sourccs known to be excluded
shall be dctailed as appropriate.
8. Emission Gasses - Consultants shall indentify and list all gases to be
included in inventory, drawn from the protocol set forth by ICLET.
9. The inventory shall descrihe and detail the methodology and assumptions
Ltsed in completing the inventory, so that the future acquisition of data to
update the inventory can be completed by eBB staff or their designee.
10. Software - Unless otherwise agreed to by CBB, Consultant shall conduct
the analysis using the leLET CACP inventory software, with auxiliary
spreadsheets as needed.
L 1. Provide eBB with tull documentation of how the project was carried out,
including key assumptions, data sources and data inputs, emission
factors, spreadsheets and other software tools that werc used, as well as
any other documentation that might have been created in tlle course of
carrying out the GHGE.
12. Maintain regular communications with CaB project manager on protocol
decisions, information gathering needs and COllcerns, and project
progress.
Dcliverablcs:
. Cornpleted GHGE docun1ents for all activities.
. Written plan for continued implementation/administration of the GRGE.
. Written plan for reporting methodology and data collection to maintain CACP
GHGE updates.
. All documents shall be delivered in Microsoft product formalS; including but not
limited to Word, Excel; & PowerPoinl, and the latest available version of Adobe
Acrobat (fInal documents and presentations only); and three (3) hardcopics of
final documents All documents cOlltajned within Adobe Acrobat files must also
be provided in an editablc fonnat.
CA-13
. Spreadsheets and other data used for analysis shall be providcd to CBB. and shall
be well-organized, clearly named, and shall bc readlly followed by a
knowledgeable user. Formulas in spreadshects shall contain no embedded data or
conversion factors, but shall instead refer to cells containing such information.
Spreadsheets shall be constructed to the maximum extent possible to have anyone
raw numerical valued entered only once, with subsequent use of that value
contained in a referenced cell.
. The ConsuJtant will provide CBB with a professional display board for use in
static table top displays.
. The Consultant will be required to make four (4) public preseI1lations on the
activities associated with this task.
CAP - Component 3
Development of a comprchensive CAP to advance CBB's encrgy conscrvation and
environmental sustainabiljty goals is critical to both the current and anticipated
reporting/tracking that CBB is required to comply with on both the State and Federal
levels. The CAP will involve the components defined above as well as preparing
preliminary policy rCCOllllllendations for consideration by City Commission, intcgration
of the CAP policies and data analysis into the eBB Code of Ordinanees and
Comprehensive Plan in the fonn of a new "Energy Conservation" element, and ultimately
a detailed implementation strategy eBB ean follow and use to seek ftlllding as well as to
educate our employees and citizens.
Scope of Services for Cornponent 3
. Tbe CAP will include detailed aceounting of policjes and pro&rrams and their
associated GHGE reductions, and how the aggregation of these measures will
achieve CBB's adopted GHGE reduction target.
. Tmplementation strategies include the eventual incorporation of relevant portions
of the CAP and new sustainable policies into the eBB Comprehensive Plan
relevant portions of the CAP and in the form of a new "Energy Conservation"
clement, as well as a schedule for corresponding ordinance amendments. This
might include, for example, evaluating the b'Tccnhouse gas emission and energy
usage implications ol'various Capital Improvement Projects (Cll') or asstlling that
projects are designed and planned taking climate change impacts into account. In
addition, this project will work to elevate the climate change and energy
conservation implications.
. A draft version of thc CAP, will be provided for input from CBB stalYand the
City COlnmission, to be followed by a final CAP which will be presented to and
scheduled for adoption by the City Commission.
. The adopted CAP will include specific implementation straLegics in an effort to
cnsure lhat actual reduetions in GHGE are realized.
CA-14
Tasks:
1. Prepare a CAP to include the following components:
a. Completed 2006 GHGE Tnventory
b. A prioritized list of GHGE reduction measures, including
identification of costs and benefits for each measure.
c. Implementation strategies for each reduction meaSllrc identi fled in
item 2 above.
2. Actions and strategies included in the plan must be coordinated with eBB
staffto complement and support changes to the CBB's Land Development
Regulations and Comprehensive Plan in meeting State and Federal goals
for long term energy reduction and environmental conservation. These
strategies should include the long tenn sustainable programs created as a
result or ARM and other funding opportunities.
3. Provide CBB with full documentation orhow the project was carried out,
including key assumptions, data sources and data inputs, emissioll factors,
spreadsheets and otl1er software tools that were used, as well as any othcr
documentation that might havc been created or utilized in the development
of the CAP. All best practice sources must be referenced.
4. The Consultant will provide recomn1cndations and draft documents, i.e.
Energy Conservation Element, related to policies, ordinances and/or
adn1inistrativc actions needed to support the
actions/plans/stratcgies/targcts/schedules outlined in the CAP.
5. An outline of potential obstacles to reaching goals, and strategies to
remove/overcome those obstacles.
6. RecomJl1endations for fllnding and incentive options to support the
strategies.
7. The Consultant shall prepare a program whereby CBB staff can monitor
the C0l11111unity's annual progress toward achievement of the CAP goals.
8. Provide CBB with a draft final document, on which CBB staff will
provide comment. A final document, including Executive Summary,
responding to CBB comments shall be compleled within two weeks of
receiving comments.
9. Provid~ CBB with a powerPoint pl'esentation .in PPT format of the Plan,
including but not limited to, methodology used, sources, scenarios for
public presentation and education.
Del ivcrabJes:
. Completed documents for a.ll activities.
. Written plan for continued implementation/administration of the CAP.
. Proposed new or amended policies and regulations, ordinances and other
administrative actions to he considered by eBB.
. All documents shall be deLivered in Microsoft product formats; including but not
lirniLed to Word, Execl; & PowcrPoint, and the latest available version of Adobe
ACTohat (fmal documents and presenlations only); ); and three (3) hardeopies of
CA.15
final documents. All documents contained within Adobe Acrobat files must also
be provided in an editable fonnat.
. Spreadsheets and other data used for allalysis shall be provided to eBB, and shall
be well-organized, clearly named, and shall be readily followed by a
knowledgeable user. Formulas in spreadsheets shall contain no en'lbcdded data or
conversion factors, but shall instead refer to cells containing stich inforrr'tation.
Spreadsheets shall be constructed to the maximum extent possible to have anyone
raw numerical valued entercd only once, with subsequent use of that value
contained in a referenced cell.
. The Consultant will provide eBB with a professional display board for use in
static table top displays.
. The Consultant will be required to make four (4) public presentations on the
<.ictivitjcs associated with this task.
CA-16
EXHIBIT "B"
AARA SPECIFIC REQUIREMENTS
SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to
review project accomplislm1ents and management control systems and to provide
technical assistance, if rcquired. You must provide, and must require your subawardees
to provide, reasonable access to facilities, office space, resources, and assistance for the
safety and convenicnce of the govemmcnt representatives in the perfonnance of their
duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
REPORTING REQUIREMENTS
a. Noncompliance may result in withholding of future payments, suspension, or
tennination of the current contract, and withholding of future contracts.
PUBLICATIONS
a. An acknowledgment of Federal support and a disclaimer mLlst appear in the
publication of any material, whether copyrighted or not, based on or developed
under this project, as follows:
Final report must include thc following acknowledgement and disclaimer:
Acknowledgment: "This material is based upon work supported by the
Department of Energy under Award Number [Enter the award number]."
Disclaimer: "This report was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States Government
nor any agency thereof, nor any of their employees, makes any warranty, express
or implied, or assumes any legal liability or responsibility for the accuracy,
completeness, or uscfl11ness of any iilfonnation, apparatus, product, or process
disclosed, or represents that its use would not infringe privately owned rights.
Reference herein to any spec; ftc commercial product, process, or service by trade
name, trademark, manufacturer, or otherwise docs not necessarily constitute or
imply its endorst:rnent, reconm1endation, or favoring by the United States
Government or any agency Lhercof. The views and opinions of authors expressed
herein do not necessarily state or retlect those of the United States Govemmenl or
any agency thereof."
CA-17
SPECJAL PROVISIONS RELATING TO WORK FUNDED UNDER
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The Arneric3n Recovery and Reinvestment Act of2009, Pub. L. 111-5, (Recovery Act)
was enacted to preserve and create jobs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, envirorunental protection, and other infTastructure that will provide long-
term economic benefits, stabilize State and local govemment budgets, in order to
minimize and avoid reductions in essential services and cOllnterproductive Slate and local
tax increases. Recipients shall usc grant funds in a marmer that maximizes job creation
and eeonol1lic benefit.
The Recipient shall comply with all tem1S and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act ilself and as discussed below.
Recipicnts should begin planning activitjes for thelr first tier subrecipients, including
obtaining a DUNS number (or updating the cxisting DUNS record), and registering with
Lhe Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in COI\iul1ction with other funding as
neecssary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Govemmcnt has not fully developed the implemenling instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
reqllircments. The Recipient will be provided these details as they hecome available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and current award telms and
condi tions, the issllcs will be referred to the Contracting Officer for reconciliation.
Dcfinitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of2009, Pub. L.
111-5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the granl, cooperarive agreement or TIA and/or modification using
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
CA-18
Non-Federal employer means any employer with respect to covered funds - the
cOlltr~ctor, subcontractor, grantee, or recipient, as the case may be, ifthc contractor,
subcontractor, grantee, or recipient is an employer; and any professional n,embcrship
organization, eertification of other professional body, any agcnt or Iiccnsee of the Federal
government, or any person acting directly or indirectly in the interest of all employer
receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local govermuent receiving the funds and any contractor or
subcontractor receiving the funds and any contractor or subcontractor of the State or local
govemn1ent; and docs not rncan any department, agency, or other entity of the federal
government.
Recipient means any entity that reccives Recovery Act funds directly from the Federal
govemment (including Recovcry Act tunds received through grant, loan, or contract)
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special tem's and conditions .in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding
under U1e Recovery Act. Financial and accounting systems should be revjscd as
necessary to segregate, track and maintain these funds apart and separate from
other revenue strcams. No part of the funds from [he Recovery Act shall be
com1111ngled with any other funds or used for a pUIlJOSC other than that of making
payments for costs allowable for Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from tJ}e American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any
State or local govem1Ucnt, or any pJivalc entity, for any casino or other gambling
establishment. aquarium. zoo, golf course, or swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least
some of the funds appropriated or otherwise made available by the American
Recovery and Reinvestment Act of2009, Pub. 1. 111~5, any representative of an
appropriate inspector general appoinled under section 3 or 8G of the Inspector
General Act of 1988 (5 V.S.C. App.) or of the Comptroller General is authorized
-
CA-19
(1) to examine any records of the contmctor or grantee) any of its subcontractors
or subgrantees, or any State or local agency administering such contract that
pertain to, and involve transactions relation to, the subcontract, subcontract,
grant, or subgrant~ and
(2) to interview any officer or employee of the contractor) grantee, subgrantee, or
agency regarding such tTansactions.
D. Publication
An application may contain technical data and other data, including trade secrets
and/or privileged or confidential information, which the applicant does not want
disclosed to the public or used by the Government for any purpose other than the
application. To protect such data, the applicant should specifically identify each
page including eaeh line or paragraph thereof containing the data to be protected
and mark the ~over shect of the application with the following Notice as well as
rcfclTing lO the Notice on each page to which the Notice applies:
Notice ofRestrictiolJ on Disclosure and Use of Data
The data contained in pages ---- of this application have heen submitted in
confidence and cOl'1tain tradc secrets Of proprietary information, and slIch data
shall be used or disclosed only for evaluation purposes, provided that if this
applicant receives an award as a result of or in cOlUlection with the submission of
this application, DOE shall have the right to use or disclose the data here to the
extent provided in the award. This restriction does not limit the Government's
right to usc or disclosc data obtained without rcstriction from any source,
including the applicant.
Infonnation about this agreement will be published on the Intemet and linked to
the website www.recovery.gov , maintained by the Accountability and
Transparency Board. The Board may exclude posting contractual or other
il1forrnation on the wcbsite on a case-by-case basis when nceessary to protect
national security or to protect infonnation that is not subject to disclosure under
sections 552 and 552a oftitle 5, United Slates Code.
E. Protecting Stat.e and Local Govcmment and Contractor Whistleblowcrs
The requirements of Section 1553 of the Act are summarized below. They
include, but are not limited to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving
covered fLmds uDder the All1eJican Recovery and Reinvestment Act (lf2009, Pllb.
L. 11] -5, may not be discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing, including a disclosure made in the ordinary course of an
employee's duties, lO the Accountability and Transparency Board, an inspector
CA.20
general, the Comptroller General, a member of Congress, a State or Fedcral
regulatory or law enforcement agency~ a person with supervisory authority over
the employee (or other person working for the employer who has the a.uthorily to
investigate, discover or terminate misconduct, a court or grant jury, the head of a
Federal agency, or their representatives infol111atlon that the employee believes is
evidence of:
. gross management of an agency contract or grant relating to covered funds~
. a gross waste of covered funds
. a substantial and specific danger to public health or safety related to thc
implementation or use of covered funds;
. an abuse of authority related to the implementation or use or covered funds; or
. as violation of law, mle, or regulation related to all agency contract (incJuding
the competition for or negotiation of a contract) or grant, awarded or issued
relating to covered funds.
Agency Action: Not later than 30 days after receiving all inspector general repOlt
of an a.llegcd reprisal, the head of the agency shall detem1ine whether there is
surticient basis to conclude that the non-Federal employer has subjected the
employee to a prohibited reprisal. The agency shall either issue an order denying
relief in whole or in palt or shall take one or more of the following actions:
. Order the employer to take affinnative action to abate the reprisal.
. Order thc employer to reinstate the person lO the position that the person held
before the reprisal, together with compensation including back pay,
compensatory darnages, employment benefitsl and other ten-os and conditions
of employment that would apply to the person in that position if the reprisal
had nol been taken.
. Ordcr the employer to pay the employee an amount equal to the aggregate
amOlll1t of all costs and expenses (illcluding attorneys' fees and expert
witnesses' fees) thal wcre reasonably incurrcd by the employee for or in
cOIUlection with, bringing the complaint regarding the reprisal, as detemJined
by the head of a court of competent j UJisdiction.
Nonenrorccablity of Certuin Provisions Waiving Rights and remedies or
Requiring Arbitration: Except as provided in a collective bargaining agreement,
the rights and remedies provided to aggrieved employees by this section may not
be waived by any agreement, policy, fonll, or condition of cmployment, including
any prcdispute arbitration agreement. No predispute arbitration agreement shall
be valid or enforceable if it requires arbitration of a dispute mising out of this
section.
Requiremcnt to Post Notice of Right!> and Remedies: Any employer receiving
covered funds under the American Recovery and Reinveslment Act 01'2009, Pub.
L. 111-5, shall post nOlice of the rights and remedies as required therein. (Refer to
section 1553 oCthe American Recovery and Reinvcstnlent Act of2009, Pub. L
111-5, www.Rccovery.gov, for specific requirerl1cnts ofLhis section and
prescribed language for the notices.).
CA.21
F. Reaue!>t for Relmburscmem
Reserved
G. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate
inspector General any credible evidence that a principal, employee, agent,
contractor, sub-grantee, subcontractor or other person has submitted a false claim
ullder the False Claims Act or has committed a criminal or civil violation of laws
peltaining to fraud, conflict or interest, hribery, gratuity or similar misconduct
involving those funds.
H. Informa.tion in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of
funds under the Recovery Act including such items as timecards and invoices.
Recipient shall provide copies of backup docllmentation at th~ request of the
Contracting Officer or designee.
1. Availability of Funds
Funds appropriated under the Recovery Act and obligated to tlus award are
available for reimbursement of costs until September 30,2015.
J. Additional Fundin~ Distribution and Assurancc of Appropriate Use of Funds
Applicable if award is to a State Government or an Agency
Certification by Governor n Not later than April 3, 2009, for fl1nds provided to
any State or agency thereof by the American Rcinvestn1cnt and Rccovery Act of
2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state wilJ
request and llse funds provided by the Act; and 2) the funds will be used to create
jobs and promote economic growth.
Acceptance by State Legislaturc -- If funds provided to any State in any division
of the Act are not accepted for use by the Govemor, then acceptance by the State
legislature, by means oCthe adoption of a concurrent resolution, shall be sufficient
to provide funding to such State.
Distribution - After adoption ofa State legislature's concurrent resolution,
funding to the State will be for distribution to local governments, councils of
govel1lment, public entities, and public-private entities within the State either by
formula or at the State's discretion.
CA-22
.
K. Certifications
With respect to funds made available to State Of local governments for
inftastructure investments under the Amcrican Recovcry and Reinvestment Act of
2009, Pub. L. 111-5~ the Governor, n1uyor, or other chief executive, as
appropriate, certified by acceptance of this award that the infrastructure
inv~stmcnt has received the full review and vetting required by law and that the
chief executive accepts responsibility that the infrastructure investment is an
appropriate use of taxpayer dollars. Recipient shall provide an additional
certi I1catiol1 that includes a description of the investment, the estimated total cost,
and the amount of covered funds to be uscd for posting 011 the IntemeL A State or
local agency may not receive infrastructure investment funding from funds made
available by the Act unless this certi fication is made and posted.
CA-23
ClIVI
CERTIFICA TE
I, Mario J. Marcaccio, Assistant Clerk of Camp Dresser & McKee Inc., ill
Massachusetts corporation, hereby certify that David L. Collins is an
Associate of the firm and is authorized to perform professional services in
the'name and on behalf of Camp Dresser &: McKee Inc.
r further certify that the foregoing is .consistent with the By-Laws of
the said corporation and has not been modified or rescinded.
IN \'\'JTNESS WHEREOF, I have executed this certificate and have
ca used the corpora te seal of Camp Dresser & McKee to ~ hereunder affixed
on this 22nd dav of November 200S.
,.
t?
.
.
Assistant erk of the Corporation