ATTACHMENT #1
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
Project Name: Energy Information System Provider
FOURTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
SITELOGIQ, INC.
Contract No. 12649- 2021
THIS FOURTH AMENDMENT to the Agreement for Professional Services by and between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter "City") and SITELOGIQ, INC. ("Consultant"), entitled Energy Information System Provider and dated January 26, 2021 and amended on January 18, 2022, December 15, 2022, and January 16, 2024 (herein "Agreement") is made this 3rd day of December, 2024.
RECITALS
A. City needs to expand the scope of work to include integration of Building Automation System (BAS), electricity, gas, and solar photovoltaic (PV) data from Los Robles Golf Course (LRGC) in the Energy Information System and wishes to modify this Agreement in order to reflect such changes. Consultant is desirous of accepting such changes to the scope of work and receiving additional compensation therefor.
B. Section 3 of Agreement currently, and as may have been previously amended, provides for a "not-to-exceed" total compensation of $112,037.72 for Consultant services generally and briefly described as monitoring of the BAS and Energy Information System (EIS), EIS software maintenance and hosting. City is in need of increasing the not to exceed amount to cover the change in the Scope of Work.
C. Section 5 of the Agreement currently, and as may have been previously amended, provides for a termination date of January 25, 2025 unless the Agreement is extended or terminated.
D. City and Consultant desire to extend the term of this Agreement for one (1) year.
E. City is in need of adding additional language regarding the Levine Act to comply with state law.
F. City and Consultant desire to make the above referenced amendments while keeping all other terms intact.
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Agreement agree to amend Agreement as described below:
Part 1. The term of this Agreement is hereby extended to January 25th, 2026, and Section 5 Paragraph 1 is amended to read as follows:
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to January 25th, 2026, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.
Part 2. EXHIBIT B EIS DATA is hereby amended to include BAS, electricity, gas, and solar PV data from LRGC. The table under FACILITIES is hereby replaced with the following:
Facility BAS Electricity Gas Solar PV Cogen Electricity Submeters
401 W. Hillcrest Dr. x x x
403 W. Hillcrest Dr. x x x
Cameron Center x x x
Civic Arts Plaza x x x x
Civic Arts Plaza Parking x
Goebel Adult Center x x x x
Grant Brimhall Library x x x x
Hill Canyon Treatment
Plant x x x x x
Household Hazardous
Waste Facility x
Los Robles Golf Course x x x x
Municipal Service Center x x x x
Municipal Service Center
- CNG station x x
Newbury Park Library x x x x
Teen Center x x x x
Transportation Center x x
Part 3. The Schedule of Fees detailed in EXHIBIT C of Contract is hereby replaced by Exhibit C-1, attached hereto and incorporated herein.
Part 4 The sum of $32,022.08 is added as compensation to Consultant under the Agreement for the above-described additional services and one-year extension, and Section 3(a) Paragraph 1 of Agreement is hereby amended to read as follows:
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
(a)Maximum and Rate. The compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $144,059.80 (herein "not to exceed
amount"), and shall be earned as the work progresses on the following basis:
Part 5. A new Section 31 entitled “Levine Act Compliance” is hereby added to the Agreement to read as follows:
31. LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $250 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $250 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
In order to assure compliance with these requirements, Consultant has provided the disclosure requirements identified in the Levie Act Disclosure Form, attached as Exhibit D, incorporated herein by reference, and Consultant verifies by its signature that it has completed Exhibit D in compliance of these requirements.
Consultant shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to an agreement, as well as their agents and representatives, from contributing more than $250 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Agreement, and for the 12 months following award of this Agreement. Where applicable, Consultant shall disclose any post award campaign contributions prior to seeking an amendment to this Agreement.
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
Part 6. All terms used in Parts 1 through 5 above shall have the meanings ascribed thereto in the Agreement. Except as amended in Parts 1-5 above, all other sections, terms, obligations, duties, clauses, and provisions of Agreement shall remain the same.
IN WITNESS WHEREOF, the parties execute this Fourth Amendment to Agreement as of the date set forth above.
SITELOGIQ, INC.
__________________________
Ryan Hoest Vice President,
Technology Services
__________________________
Colm Lennon, Chief Technology
Officer
CITY OF THOUSAND OAKS
__________________________
Al Adam, Mayor
ATTEST:
________________________________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
APPROVED BY DEPARTMENT HEAD:
________________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
EXHIBIT C-1
SCHEDULE OF FEES
The project billing will be per the following schedule:
Item No. 1 2 3 4 5
Item
Description
Monitoring
of building
automation
systems
and EIS
Software
maintenance
and hosting
Supporting
services
HCTP and
MSC BAS
setup
LRGC
BAS,
electricity,
gas, and
solar PV
setup
Total
Payment
Original
Agreement $11,595.79 $4,028.29 $4,600.00 $20,224.08
First
Amendment $11,595.79 $4,028.29 $4,600.00 $20,224.08
Second
Amendment $11,595.79 $4,028.29 $4,600.00 $20,224.08
Third
Amendment $16,477.15 $7,572.05 $4,600.00 $22,716.28 $51,365.48 Fourth
Amendment $12,693.79 $4,028.29 $4,600.00 $10,700.00 $32,022.08 Not-to-
exceed $63,958.31 $23,685.21 $23,000.00 $22,716.28 $10,700.00 $144,059.80
1. Monitoring of building automation systems and EIS: Billed monthly as detailed in the Scope of Work (Exhibit A).
2. Software maintenance and hosting: Billed annually at the beginning of the year.
3. Supporting services: Billed monthly for work completed that month.
4. HCTP and MSC BAS setup: Billed monthly for work completed that month.
5. LRGC BAS, electricity, gas, and solar PV setup: Billed monthly for work completed that month.
SitelogIQ, Inc. Rates
Labor Category Hourly T&M Rate
Staff Engineer $105/hour
Senior Engineer $115/hour
Principal Engineer $150/hour
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx
EXHIBIT D
DPW: 810-25\ev\Council\2024\120324\Fourth Amendment to EIS Agreement Att 1.docx