MEETING DATE: 4/11/2017
DEPARTMENT: COUNTY ADMINISTRATION OFFICE
DEPT HEAD/DIRECTOR: Ray Espinosa
AGENDA ITEM PREPARER: Louie Valdez
SBC DEPT FILE NUMBER: 119
SUBJECT:
COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Discuss proposal for Solar Energy Partnership between OpTerra Energy Solutions and the County of San Benito, and approve "Program Development Agreement in the amount of $39,872.00 and authorize the CAO to approve any necessary amendments to this contract, in an amount not to exceed $3,987 (10% of the contract amount).
SBC FILE NUMBER: 119
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
On March 14, 2017, Mr. Ashu Jain, P.E., Senior Manager, with OpTerra Energy Solutions presented a PowerPoint presentation to the Board proposing a partnership for solar energy power between his firm and the County of San Benito. The County has reviewed the "Program Development Agreement", in the amount of $39,872 (reduced from the original proposed amount of $49,872), which will further develop the proposed scope of work of potential projects the County may wish to implement.
The County is not obligated to proceed with the work. However, in the event that the County does proceed with a project through OpTerra with the time period specified in the contract, it would receive a credit for the $39,872 paid under this agreement.
Of note in the contract:
1) Although County retains discretion to determine whether or not to perform the work, if the County determines to proceed with a scope of work incorporating some or all of the recommendations identified, the County is agreeing to endeavor to negotiate in good faith and execute an Energy Services Contract with OpTerra.
2) The contract does not convey to the County the right to use the work product to complete the work through another vendor should the County decide not to use OpTerra.
3) The limitation of liability section greatly limits OpTerra's potential liability. San Benito County contracts generally do not contain such limitations, but may be approved by the Board on a case by case basis. The proposed language is based on language in OpTerra's agreement with Union City. OpTerra appears to be able to obtain "limitation of liability" language from multiple other jurisdictions based on a review of executed contracts.
BUDGETED: