RESOLUTION NO. _______________________________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING EXECUTION OF AN ENERGY SERVICES CONTRACT WITH ABI SERVICES TO RETROFIT LIGHT FIXTURES IN TWENTY COUNTY OWNED AND LEASED FACILITIES FOR A TOTAL AMOUNT OF $589,176.18, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE EXPENDITURES UP TO AN ADDITIONAL $25,000 FOR PROJECT COSTS RELATED TO THE HALL OF JUSTICE.

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, this Board of Supervisors has approved projects that reduce energy costs at County facilities including the County Office Building II, Maguire Correctional Facility and the Youth Services Center; and

WHEREAS, the ABAG Energy Watch Direct Install Program confirmed that retrofitting lights at these various facilities would be cost effective and have a payback period of less than twelve months; and

WHEREAS, ABI Services, Inc., which is a pre-selected contractor under the ABAG Energy Watch Direct Install Program proposes to design, purchase and install lamps and ballasts for the twenty various County owned and leased facilities; and

WHEREAS, Section 4217.12a. of the California Government Code provides that a public agency may enter into an energy service contract and any necessarily related facility ground lease on terms that its governing body determines are in the best interests of the public agency if the decision is made at a regularly scheduled public hearing, public notice of which is given at least two weeks in advance and the board finds that the cost for energy under the contract will be less than the anticipated marginal cost of energy that would otherwise have been consumed; and

WHEREAS, the definition of an “energy service contract” includes a contract for "conservation measures" and means equipment, maintenance, load management techniques and equipment, or other measures to reduce energy use or make for a more efficient use of energy.

WHEREAS, this Board has held the requisite public hearing, considered all comments received, and now wishes to enter into said agreement:

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that:

1.

It is in the best interest of the County of San Mateo to execute a energy service contract with ABAG Energy Watch Direct Install Lighting Program contractor:

ABI Services, Inc.

30085 Ahern Street

Union City, CA. 94587

2.

This Agreement is subject to the Contractor submitting a complete proposal that identifies the work to be performed and costs. The San Mateo County Public Works Director must approve this proposal and written authorization from the San Mateo County Public Works Director is required before any work can commence on any of the facilities covered by the proposal. The Public Works Director, at his sole discretion, shall have the authority to exclude individual facilities, in which case Contractor shall not provide the materials or perform the work on the excluded facilities, and the County shall incur no cost as a result of such exclusions.

3.

All payments to the contractor shall be in accordance with the individual audit performed on the twenty County owned and leased facilities. The total cost for these projects is $589,176.18. Of this amount the County’s share under this contract shall not exceed $439,176.18. The County hereby authorizes the Pacific Gas and Electric (PG&E) rebate of $150,000 to which the County would be otherwise entitled to be paid directly to the contractor, in partial consideration of the services provided under this agreement, and the County shall pay Contractor directly for the difference of the total project cost, which includes a 20% contingency ($98,196) for unanticipated costs related to this project. This additional amount can only be expended after written authorization is provided by the Public Works Director and specifies the work to be performed and payment amount.

4.

The Director of Public Works is hereby authorized to approve expenditures up to an additional $25,000 for project costs related to the Hall of Justice.

5.

The President of this Board is hereby authorized to enter into said agreement with ABI Services, Inc. and the Clerk of the Board shall attest to the President’s signature thereto.

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