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2008-26846 ResoRESOLUTION NO. 2008-26846 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN ENERGY AUDIT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND AMERESCO, INC., SUBJECT TO FINAL NEGOTIATION AND APPROVAL OF THE AGREEMENT, IN FINAL FORM, BY THE CITY MANAGER AND CITY ATTORNEY'S OFFICE, AND IF SO APPROVED, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the City is responsible for the operation, maintenance and management of numerous public facilities; and WHEREAS, the Mayor and City Commission have deemed it important that the City increase the green initiatives in the City and implement energy efficiency measures so as to be more consistent with the intent and policy of the City supported U.S. Mayors' Climate Control Initiative; and WHEREAS, pursuant to Florida Statutes, the City may contract with qualified vendors in order to provide for a comprehensive energy strategy and to enter into guaranteed energy performance saving contracts to implement energy efficiency strategies; and WHEREAS, at its regular meeting on April 16, 2008, the Mayor and City Commissioners authorized the Administration to enter into negotiations for an energy audit agreement with Ameresco, Inc., as the successful proposer pursuant to Request for Proposals No. 06-07/08; and WHEREAS, the Administration has negotiated the attached Agreement with Ameresco, Inc., and would recommend that the Mayor and City Commission approve the Agreement, in substantial form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, in substantial form, an Energy Audit Agreement between the City of Miami Beach and Ameresco, Inc., subject to final negotiation and approval of the Agreement, in final form, by the City Manager and City Attorney's Office, and if so approved, authorizing the City Manager and City Clerk to execute the Agreement on behalf of the City. PASSED and ADOPTED this 16thday of July , 2008. a or ATT ST: II~~.... Matti Herrera Bower ~J~-- CITY CLERK Robert Parcher F:\cmgr\$ALL\BOB\AmerescoEnergyAud itAgreementReso.doc APPROVED AS TO FORM & LANGUAGE e!< FOR EXECUTION ~, , 16 City A a COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving an Energy Audit Agreement between the City and Ameresco. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community. Supporting Data (Surveys, Environmental Scan, etc.): N/A Shall the Mayor and City Commission approve an Energy Audit Agreement between the City and Ameresco? Issue: Item Summa /Recommendation: At the April 16, 2008 City Commission meeting, the Mayor and members of the City Commission authorized the Administration to enter into contract negotiations with the top ranked proposer, Ameresco, for completion of an Energy Audit Agreement. Ameresco was selected by the Mayor and City Commission after presentations by the two top proposers, Ameresco and Johnson Controls, Inc. The Energy Audit Agreement, if approved, will authorize Ameresco to do a detailed engineering analysis of the energy and resource use practices of the City of Miami Beach in its various facilities and the systems which the City operates. The Energy Audit Agreement specifically requires that all buildings be analyzed as part of the Audit, as well as those systems owned and operated by the City, such as the City's parks, parking facilities and beaches to determine feasible energy conservation measures that can be implemented. The Energy Audit Agreement also requires that Ameresco complete a detailed analysis of alternate energy generation projects which the City might implement, such as solar or wind power. Implementation costs of the energy conservation measures and projects are funded by the savings generated from the respective conservation or energy generation project. So for example, if new street light fixtures are identified as a feasible energy savings project, the dollars that it costs to design, install and to operate brand new light fixtures will be offset by the savings in electricity generated by the new fixture. The City has no out of pocket expenditures in the Audit phase, and only will incur expenses when and if a project is implemented in the next phase. The intent of the Audit is to identify those projects to implement that will generate sufficient savings to pay for the project(s). It is anticipated that the Energy Audit Agreement will be the platform to launch a number of projects and initiatives that will enhance the City's level of sustainable energy consumption and place the City firmly in a leadership role in this arena. Approval of the Energy Audit Agreement is recommended. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Robert C. Middaugh, Assistant City Manager Board Recommendation: Si n-Offs: Department Director Assis t City Manager ity Manager RC JMG wmereswtnergyHUaiwgree t ~ rrrtloc U ~ ~~ ~~ ~~ ~ AGENDA ITEM C ~E DATE 7 ~~O'd~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 16, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ENERGY AUDIT AGREEMENT BETWEEN THE CITY AND AMERESCO, (THE COMPANY). ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS At the April 16, 2008 City Commission meeting, the Mayor and members of the City Commission authorized the Administration to enter into contract negotiations with the top ranked proposer, Ameresco, for completion of an Energy Audit Agreement. Ameresco was selected by the Mayor and City Commission after presentations by the two top proposers, Ameresco and Johnson Controls, Inc. The attached Energy Audit Agreement represents the effort of negotiations with Ameresco for completion of the Energy Audit Agreement. The Energy Audit Agreement, if approved, will authorize Ameresco to do a detailed engineering analysis of the energy and resource use practices of the City of Miami Beach in its various facilities and the systems which the City operates. The Energy Audit Agreement specifically requires that all buildings be analyzed as part of the Audit, as well as those systems owned and operated by the City, such as the City's parks, parking facilities and beaches to determine feasible energy conservation measures that can be implemented. The Energy Audit Agreement also requires that Ameresco complete a detailed analysis of alternate energy generation projects which the City might implement, such as solar or wind power. The energy analysis to be performed by Ameresco pursuant to the Energy Audit Agreement represents the first step of developing and implementing a series of energy conservation or resource conservation measures on a very broad scale. The Energy Audit Agreement will provide the detailed analysis of energy savings or energy generation projects to enable a project cost to be assigned that would be inclusive of engineering, construction and long term maintenance. The analysis specifically will identify the dollars that can be saved as a result of the energy conservation and/or energy generation project identified. Once the detailed analysis and cost estimates are provided, the City has the opportunity in the next step of the energy conservation process to identify feasible projects to actually implement. Implementation costs of the energy conservation measures and projects are funded by the savings generated from the respective conservation or energy generation project. So for example, if new street tight fixtures are identified as a feasible energy savings project, the dollars that it costs to design, install and to operate brand new light fixtures will be offset by the savings in electricity generated by the new fixture. The City has no out of pocket expenditures in the Audit phase, and only will incur expenses when and if a project is implemented in the next phase. The intent of the Audit is to identify those projects to implement that will generate sufficient savings to pay for the project(s). The only possible cost exposure for the City of Miami Beach as a result of the Energy Audit is if the City elects not to proceed with any energy conservation measures produced as a result of the Audit. The fee established to compensate the company, if such an event were to occur, is set at $175,000, which is intended to reflect a portion of the investment in engineering time and analysis that is expected to be completed as part of the Energy Audit process by Ameresco. As the Commission may recall a large number of the energy conservation measures that were discussed in the interview with Ameresco were not volatile or likely to create opposition. Building efficiency measures and street lighting and similar projects should be relatively easy to implement with no real threat of concern to the Mayor, City Commission and the community. Some of the alternate energy generation projects for example, wind power and/or solar panels may inspire some level of community involvement and/or concern and as those are identified in the process such projects can either be included or deleted before a final report is delivered to the Mayor and City Commissioners. Judging the community support and/or reaction to projects being analyzed is the principal reason for providing for a public involvement component in the Audit. There will be at least a kick off meeting to enable the Mayor and City Commission and interested citizens to participate and share ideas and concerns and have questions addressed at the beginning of the process. There will also be at least one interim community opportunity to meet and hear progress to date and better understand how the project has proceeded. In discussions with Ameresco it has been understood that the Energy Audit process is anticipated to be highly iterative so that there are frequent opportunities to be involved in and understand how the analysis is proceeding. Both the City and Ameresco are seeking implementation of a list of feasible energy conservation measures that will only be possible if accepted by the Commission and the community. It is also anticipated that as part of this Energy Audit Agreement, many of the analyses and schedules that will be required in an actual energy conservation measure •project implementation will also be completed so as to shorten implementation time upon final acceptance and approval by the City. The current Agreement sets up approximately a fifteen (15) month outside window for completion of the entire process. The timeline is largely driven by the City's desire to have a community review and discussion process, as well as an adequate amount of time for the members of the City Commission to become familiar with the project(s) and their implementation. The consultant and the City both agree that if the project can be done more expeditiously it will. However, the outside window has been defined in the Agreement. As part of the negotiation process, the Administration has identified and utilized the services of an expert in the field of energy conservation measure contracting. Patti Donahue of Donahue & Associates located in Tampa, Florida, was retained by the City for a modest fee (not to exceed $4,000) in order to review the documents and proposed language and to insure that the City's interests were appropriately protected. A copy of Ms. Donahue's 2 resume is attached for information purposes. The base agreement is a model agreement that had been prepared for the State of Florida, use by Ms. Donahue and has been modified to specifically fit the terms and the conditions of the City of Miami Beach engagement. Ms. Donahue has been very helpful in developing the attached Agreement and her comments and concerns addressed throughout. As the City proceeds into the more detailed analysis and also into energy performance contracting implementation, Ms. Donahue's services will continue to be utilized as will a professional engineer with whom she partners to further assess the projects and help assure that the City's interests are well protected. In the next phase as the City proceeds to implement projects, the Audit materials will serve as the foundation for a significant data analysis effort. Conclusion The Energy Audit Agreement will provide a great deal of factual information about the possible universe of energy conservation projects and measures which can be undertaken by the City. The projects identified will clearly help the City to conserve resources and to act in a manner that is consistent with the U.S. Conference of Mayors Climate Control Initiative that has been embraced by the Mayor and City Commission and by the Mayor's Ad Hoc Green Committee. It is anticipated that the Energy Audit Agreement will be the platform to launch a number of projects and initiatives that will enhance the City's level of sustainable energy consumption and place the City firmly in a leadership role in this arena. Approval of the Energy Audit Agreement is recommended. JMG\RCM\sam F:\cmgrl$ALL\BOB\AmerescoEnergyAuditP~greementcommemo.doc Attachments 3 PATRICIA A. DONAHUE, President Donahue & Associates, Inc. 2553 East Paulstan Court Sarasota, FL 34237 Business: 941.955.9109 Fax: 941.364.8859 E-Mail: donassoc~aol.com Donahue & Associates, Inc. was established in 1991 to provide energy program design, training, and technical services exclusively to public and private nonprofit institutions, offering specific expertise in methods of energy savings-based performance contracting. Prior to establishing her own firm, Ms. Donahue was the manager of the Energy Performance Contracting Program that she designed and managed for the Illinois Department of Energy and Natural Resources from 1983-1991. During her tenure, Ms. Donahue organized a number of professional conferences on innovative financing and performance contracting, designed competitive procurement procedures for public institutions, assisted in the design and development of a computerized comparative evaluation system and provided technical services to a number of federal, state and local entities to investigate the use of performance contracting in their facilities. As well, Ms. Donahue monitored Illinois' utility least-cost planning activities, conducted legislative reviews and analyses, and served as the assistant manager of the agency's Consumer Assistance Section. .Since 1983, Ms. Donahue has worked directly with numerous public and private nonprofit. institutions. She has provided training services and established competitive procurement and evaluation protocols for performance contracting projects in over 100 buildings, 6,500 low-income housing units, and a large urban zoo complex. Through her participation on evaluation teams of these institutions, Ms. Donahue has reviewed over 100 proposals for pertormance contracting projects submitted by Energy Service Companies from across the country. Ms. Donahue worked with Massachusetts Congressman Joseph Kennedy's office in formulating the performance contracting provisions contained in the Housing, Community Development, and Homelessness Act of 1987. This landmark legislation allows Indian and Public Housing Authorities (I/PHAs) to enter into performance contracting arrangements. She was also active in reviewing the proposed procurement regulations for the U.S. Department of Housing and Urban Development (HUD). Ms. Donahue also provided assistance to Oak Ridge National Laboratory in its preparation of a HUD guidebook that specifies the procedures to be used by I/PHAs to procure non-HUD financed performance contracts and conducted direct training in the competitive procurement of such projects by I/PHAs. Ms. Donahue served as the Chairperson of the National Association of Energy Service Companies (NAESCO) Public Sector Advisory Board (1985-1991) and was a member of the NAESCO Board of Directors (non-voting). She also participated on several task forces involved in public sector pertormance contracting issues and as an invited guest speaker at numerous national conferences and meetings. Recent clients who have received training and other professional services include the Florida Energy Office, University of Utah, Oak Ridge National Laboratory, State of Colorado, Florida Institute of Government, Broward County, City of Tallahassee, Hernando County, Escambia County, St. Lucie County, Osceola County, Central Florida Community College, Brevard Community College, NAESCO, Commonwealth of Pennsylvania, State of Georgia, State of North Carolina, State of Maryland, State of Mississippi, New York State Research and Development Authority, the National Center for Appropriate Technology, several public housing authorities and a number of school districts. Ms. Donahue received a B.A. in Sociology from Blackburn College in 1976. She has been working professionally in the field of energy efficiency since 1977. Ms. Patricia Donahue Educational Training, Workshops, Seminars and Tutorials EDUCATIONAL TRAINING, WORKSHOPS, SEMINARS AND TUTORIALS National Association of Energy Service Companies (NAESCO): "Energy Performance Contracting in Public Buildings"; Columbia, South Carolina. Sponsored by the South Carolina Energy Office; funded by the US Department of Energy. Mississippi Development Authority: "Energy Performance Contracting Workshop"; Tunica, Philadelphia and Biloxi, Mississippi. Sponsored by the Mississippi Development Authority; funded by the US Department of Energy. Rebuild America, US Dept of Energy: "State Performance Contracting Training Program" Raleigh North Carolina. Sponsored by the Sponsored by the NAESCO, North Carolina State Energy Office, South Carolina State Energy Office, Florida Energy Office and Kentucky Division of Energy. Texas State Energy Office and Texas Community Schools Association Training Series: "Improving Indoor Air Quality in Schools"; Austin, TX. Sponsored by the National Association of Energy Service Companies and the U.S. EPA. Washington Association of School Business Officials Training Series: "Improving Indoor Air Quality in Schools"; Spokane, VNA and Seattle, WA. Sponsored by the National Association of Energy Service Companies and the U.S. EPA. National Association of Energy Service Companies Annual .Meeting: "Opportunities for Energy Services in the Public Housing Market ; "Strategies for Competing Effectively in Public Housing ; West Palm Beach, FL. Sponsored by the National Center for Appropriate Technology Association for Energy Affordability, Inc., Conference on Energy Efficiency in America's Multi-Family Buildings: "HUD Regulations and Energy Efficiency in Multi-Family Buildings", New York City, NY. HUD-DOE Energy Performance Contracting Training Workshops: "ESCO Selection: RFP, Proposal Evaluation, and Contract Negotiations", Boston, MA; San Francisco, CA; Chicago, IL, Philadelphia; PA, Toledo, OH, Syracuse, NY. Barry University, Seminar on Energy Conservation Opportunities for Florida's Institutional Energy Users: "Performance Contracting by Government Entities in Florida", Miami, FL. Broward County, Energy Performance Contracting Workshop: "Fundamentals of Performance Contracting in Public Settings", Fort Lauderdale, FL. SMACCNA, The Trane Company & Contracting Business Magazine's Leadership Series: Capitalizing on Environmental Issues: "Analyzing and Financing Energy Retrofits in the Public Sector", Las Vegas, NV. National Association of Energy Service Companies (NAESCO), NAESCO Schools, Hospitals and Institutions Conference: "Developing a Qualification and Evaluation Process for Procurement", Chicago, IL; Sacramento, CA. Annual Affordable Comfort Housing Conference, Tutorial Presentations: "Performance Contracting in Public Housing', Pittsburgh, PA; Philadelphia, PA. Florida Energy Office & Florida Institute of Government, Florida Energy Initiatives Seminars: "Energy Performance Contracting'. Seven seminars conducted throughout Florida. Ms. Patricia Donahue Educational Training, Workshops, Seminars and Tutorials (continued) Professional Affiliations/Committees National Energy Program Managers Conference: "Marketing Performance-Based Contracting in the Public Sector", St. Pa u I, M N. University of Utah/Utah Energy Office, Performance Contracting Conference: "How to Finance Energy Improvements with Someone Else's Money', Salt Lake City, UT. Florida Energy Office, Training Workshops: "Energy Performance-Based Contracting for Florida State Agency Management and Facility Personnel ;Tallahassee, FL. National Association of State Energy Officials, Joint Ventures Conference: "Financing Performance Contracts in the Public Sector", Washington DC. Chicago Hospital Assoc., Training Seminar: "Financing Energy Projects using Pertormance Contracting", Chicago, L. Public Housing Authorities Directors Association (PHADA), Annual Convention and Exhibition: "Energy Pertormance Contracting Procurement for Public Housing', Denver, CO. National Association of Housing and Rehabilitation Officials (NAHRO), Regional Conferences: "Pertormance Contracting for Public Housing', Chicago, IL; Minneapolis, MN. New York Energy Office: "Executive Briefing on Energy Performance Contracting: Pertormance Contracting Activities in Illinois," Albany, NY. NAESCO Annual Conferences, Washington, DC PROFESSIONAL AFFILLATI(JNS/COMMITTEES Founding Board Member, Florida Energy Services Coalition 2002- Board Member (non-voting), National Association of Energy Service Companies, 1989-1991. Chairperson, Public Sector Advisory Board, NAESCO, 1985-1991. Committee Member, NAESCO, Various Subcommittees, 1984-1991. Member, Task Force on Performance Contracting, U.S. DOE, Institutional Conservation Program, 1987. Instructor/Trainer, Training Course on Shared Energy Savings in the Federal Government, General Services Administration, January 1988. Committee Member, Public Housing Energy Efficiency Advisory Committee, Citizens Conservation Corporation/The Energy Foundation, 1992. Steering Committee Member, HUD Performance Contracting Training Program, U.S. DOE-U.S. HUD Initiative. 1992. Ms. Patricia Donahue Selected Publications SELECTED PUBLIGATiONS ON ENERGY PERFORMANCE CnNTRACTING Energy Performance Contracting Manual for Mississippi's Public Agencies, Mississippi Development Authority, Patricia Donahue, Donahue & Associates, Inc., Author. April 2007. A Review of Maryland's Energy Performance Contracting Program, Maryland Energy Administration, Donahue & Associates, Inc., Patricia Donahue and David Birr, Authors. October 2006. Implementing Energy Efficiency Retrofits, for the National Association of Energy Service Companies' State Guidebook Series, Illinois, Texas and Pennsylvania, Patricia Donahue, Donahue and Associates, Inc. Author. August 2001, March 2003. Meeting the Challenge: How Energy Performance Contracting Can Help Schools Provide Comfortable, Healthy, and Productive Learning Environments, for the National Association of Energy Service Companies and the U.S. Environmental Protection Agency, David Birr and Patricia Donahue, Authors. March 2001. "Energy Performance Contracting: A New Tool for Financing Energy Projects ;Patricia Donahue, Author. Energy User News, Vol. 28, No. 8, August, 2000. Energy Performance Contracting Manual, Florida Department of Community Affairs, Florida ..Energy Office, Patricia Donahue, Donahue & Associates Inc, Author. 1994. Updated March2000. Updated June 2003. Public Sector Energy Performance Contracting in New York State, New York State Energy Research and Development Authority (NYSERDA), EUA Citizens Conservation Services, Project Manager, Patricia Donahue, Donahue & Associates, Inc., Principle Reviewer and Consultant to Project Team. 1998 Energy Performance Contracting in Florida, Volume I, Survey Results and Findings, Florida Energy Office, Department of Community Affairs, Donahue & Associates, Inc., Author. 1998 Energy Pertormance Contracting for Public and Indian Housing, A Guide for Participants, U.S. Department of Housing and Urban Development, Patricia Donahue, contributing Author. 1992. "A Comparative Methodology for Evaluating and Selecting Qualified Energy Performance Contracting Companies", American Council for an Energy-Efficient Economy (ACEEE), Patricia Donahue and Nicholas Hall, Co-authors. 1991. Ms. Patricia Donahue Professional References PRfJEESSIONAL REFERENCES JoAnn Chance Georgia Building Authority 1 Martin Luther King, Jr. Drive Atlanta, Georgia 30334 (404) 463.0715 Mr. Tom Rados, Assistant Director Bureau of Public Works Pennsylvania Dept. of General Services 18th and Herr Streets Harrisburg, Pennsylvania 17105 (717) 787-7519 Floyd Daniels Mississippi Development Authority 501 N. West Street, 7th-Floor Jackson, FL 39201 (601) 359-6606 Mr. David Godfrey Georgia Environmental.Facilities Authority Harris Tower 233 Peachtree, NW Atlanta, GA 30303 (404) 962-1091 Ms. Terry Singer, Executive Director National Association of Energy Service Companies 1615 M Street, Suite 800 Washington, DC 20036 (202) 822-0950 Mr. Bruce Stultz Pennsylvania Dept. of General Services Bureau of Facilities Management Room 414 North Office Building Harrisburg, PA 17125 (717) 705-8519 Mr. Alexander Mack, Program Manger Florida Department of Environmental Protection 2555 Shumard Oak Drive Tallahassee, FL 32399 (850) 245-8265 Mr. Chuck Goldman, Program Manager Energy Analysis Department Lawrence Berkeley National Laboratory MS90-4126 1 Cyclotron Road Berkeley, CA 94720 Phone: (510) 486-4637 Ms. Patricia Donahue Energy Performance Contracting Clients ENERGY PERFORMANCE CONTRACTING CLIENTS Federal A encies U.S. Environmental Protection Agency (EPA) U.S. Department of Housing and Urban Development U.S. Department of Energy General Services Administration States and Local Government Clients Georgia Building Authority Illinois Dept. of Energy & Natural Resources City of Chicago Commonwealth of Pennsylvania Chicago Park District Georgia Department of Corrections State of Colorado, Office of Energy Conservation City of Tampa Arlington Heights Park District YMCA of Greater Chicago New York State Energy Research & Development Authority City of Evanston State of Mississippi North Carolina Energy Office Florida Energy Office Escambia County Government Chicago Park District City of Atlanta Hernando County Government Broward County Government St. Lucie County Government Osceola County Government City of Lakeland Hillsborough County Sheriff's Department: Georgia Environmental Facilities Authority Florida Department of Management Services State of Maryland Educational Clients Edinboro University Shippensburg University Northeastern Illinois University West Chester University Palm Beach County Schools Hernando County School District Pinellas County School District University of Utah Central Florida Community College Brevard Community College Marion County Schools, Florida Polk County School District Lee County School District Escambia County School District Broward County School District Illinois Institute of Technology Research Institute Public Housing Authorities Chicago Housing Authority Richmond Housing Authority Rockford Housing Authority Greenville Housing Authority Wilmington Housing Authority High Point Housing Authority Other National Association of State Energy Officials National Association of Housing and Rehabilitation Officials Public Housing Authorities Directors Association Florida Institute of Government Oak Ridge National Laboratory National Association of Energy Service Companies Educational Energy Managers Association of Florida Florida Educational Facilities Planners' Association Chicago Hospital Association Association for Energy Affordability Lawrence Berkley Laboratory Ms. Patricia Donahue Summary of Relevant Capabilities and Experience SUMMARY OF RELEVANT ENERGY PERFORMANCE CONTRACTING SERVICE CAPABILITIES ANfl EXPERIENCE - Design and prepare customized procurement, evaluation and contracting documents - Provide instructions and guidance in the preparation of technical facility profiles - Provide listing of Energy Service Companies (ESCOs) from around the county - Provide demonstrated comparative evaluation methodology for ESCO selection - Conduct performance contracting evaluation training - Fully participate on evaluation teams - Review and evaluate competing ESCOs written proposals - Assist in checking ESCOs client references - Prepare,written questions to be asked of ESCOs at oral interviews - Compile evaluation data and generate evaluation data documentation - Review proposed contract documents for substantive performance contracting provisions: - Prepare detailed briefing memoranda on contract issues, conduct phone consultations, and participate in contract negotiations as requested - Educate legal counsel regarding the implications of substantive contract provisions - Negotiate the terms of energy savings guarantee language - Prepare energy performance contracting manuals and guidebooks - Design state performance contracting program processes, procedures and technical assistance service offerings - Develop program tracking methods - Design and conduct educational training/workshop sessions - Assist in the development and review of legislative initiatives DRAFT 7-8-08 ENERGY AUDIT AGREEMENT This Energy Audit Agreement ("Agreement"), effective the last date signed below (effective date), is by and between the City of Miami Beach, with its primary office at 1700 Convention Center Drive, Miami, FL 33139 (the "City") and AMERESCO, Inc. with an office at 2202 N. West Shore Blvd., Suite 200, Tampa, FL 33607 (the "Company") (each a "Party" and collectively the "Parties"). Whereas, the Company is party to the state term contract procured by the State of Florida, Department of Management Services, ITN No. DMS 973-320-08-1, Comprehensive Energy Strategy, which enables the Company to perform work under the Guaranteed Energy Performance Savings Contract Act, codified at Section 489.145 of the Florida Statutes; and Whereas, the City is responsible for the operation, management and maintenance of the buildings and structures identified on Attachment A to this Agreement (the "Structures"); and Whereas, the City is responsible for the operation, management, and maintenance of numerous public service systems, including but not limited to the systems identified on Attachment B to this Agreement (the "Systems"); and Whereas, a comprehensive investment grade technical energy audit (the "Energy Audit"}and savings analysis (the "Report") must be performed on the Structures and Systems collectively, (the "Facilities") in order to determine the feasibility of entering into a guaranteed energy performance savings contract ("Energy Performance Contract") to provide for the installation and implementation of energy conservation measures ("ECMs") for the Facilities, and for alternate energy generation projects for the Facilities; and Whereas, if in the sole discretion of the City the ECMs are demonstrated to be feasible, and if the amount of energy cost savings can be reasonably ascertained and guaranteed in an amount sufficient to cover all costs associated with an energy performance contracting project for the Facilities, the Parties intend to negotiate an Energy Performance Contract under which the Company shall design, procure, install, implement, provide training, maintain, and monitor such ECMs for the Facilities; Therefore, the Parties agree as follows: Article 1: Scope of Energy Audit The Company will perform the Energy Audit and prepare the Report that specifically identifies the energy improvements and operational changes which are recommended to be installed or implemented at the Facilities. The Report shall contain detailed projections of energy and cost savings to be obtained at the Facilities as a result of the installation of the recommended ECMs and the feasibility of implementing alternate energy generation projects. The savings calculations must utilize assumptions, projections, and baselines which best represent the true value of future energy or operational savings for the Facilities (including accurate marginal cost for each unit of savings at the time the audit is performed; documented material and operational costs actually avoided; adjustments to the baseline. to reflect current conditions at the Facilities Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 1 of 19 compared to the historic base period; calculations which account for the interactive effects of the recommended ECMs; etc.. The Report shall clearly describe how utility tariffs were used to calculate savings for all ECMs. The Report shall describe the Company's plan for installing or implementing the ECMs or alternate energy generation projects in the Facilities, including all anticipated costs associated with such installation and implementation. The primary purpose of the Report is to provide an engineering and economic basis for negotiating an Energy Performance Contract between the City and the Company; however, the City shall be under no obligation to negotiate such a contract. In addition to performing an evaluation of energy improvements and operational changes for the Facilities, the Company will also evaluate the potential application of alternative methods of alternate energy generation, including but not limited to solar, wind, and wave power, and water conservation, including desalinization, and will make recommendations to the City as to potential implementation of such measures. The Company will also provide assistance to the City, during the course of this Agreement, with design reviews for new structures in order to ensure that energy efficiency measures are properly incorporated in such designs. At the outset of performing its Energy Audit, the Company will arrange "kick-off" meetings with the City Commission, City Staff, and appropriate Community Action Groups (as determined by City Staff) in order to obtain input as to potential conservation measures, operational improvements, alternative energy generation methods, and other matters of interest to the Miami Beach community. The Company will appropriately consider such community input during the performance of its Energy Audit, and in its recommendations to the City. During the conduct of the Energy Audit, the Company will conduct at least one status meeting for the Miami Beach Community at large, and for such City board(s) and committee(s) as directed by the City. In addition, the Company will conduct whatever meetings are deemed necessary by the City with the City Staff and any consultants retained by the City to complete the Energy Audit. The Company shall perform the following tasks in performing the Energy Audit and preparing the Report: A. Collect General Facilities Information The Company shall collect general Facilities information such as: size, age, construction type, condition and general use of the Facilities and functions of the Systems. The Company shall also collect and summarize Facilities utility cost and consumption data for the most recent 36 month period. The Company shall evaluate the impact on utility cost and consumption of any energy initiatives currently being .installed or currently planned to be installed by the City in the Facilities which will remain separate from the Energy Performance Contract throughout the duration of that contract. The City shall make available (or cause its energy suppliers to make available) all available records and data concerning energy and water usage far the Facilities for the most current 36 month period, if available, including: utility records; occupancy information; descriptions of any changes in the structure or operation of the Facilities or its heating, cooling, lighting or other systems or energy requirements; descriptions of all major energy and water consuming or energy and water saving equipment used in the Facilities; any comfort problems, code deficiencies and description of energy management procedures presently utilized. The City shall also make available a record Energy Audit Agreement [date) City of Miami Beach - AMERESCO, Energy Audit Agreement Page 2 of 19 of any energy related improvements or modifications that have been installed during the past three (3) years, or are currently being installed or are currently planned to be installed by the City in the Facilities separate from the energy service agreement throughout the duration of that agreement. The City shall also make available copies of drawings, equipment logs and maintenance work orders to the Company. B. Analyze Existing Systems and Equipment The Company shall compile an analysis based on a physical inspection of the major electrical and mechanical systems at the Facilities, including: 1. Cooling systems and related equipment 2. Heating and heat distribution systems 3. Automatic temperature control systems and equipment 4. Air distribution systems and equipment 5. Outdoor ventilation systems and equipment 6. Kitchen and associated dining room equipment, if applicable 7. Exhaust systems and equipment 8. Hot water systems 9. Electric motors 5 HP and above, transmission and drive systems 10. Interior and exterior lighting 11. Laundry equipment, if applicable 12. Water consumption end uses, such as restroom fixtures, water fountains, irrigation, etc. 13. Other major energy using systems, if applicable. The analysis shall address the following considerations: The loads, efficiencies or hours of operation for each system (where Facilities operating or climatic conditions necessitate, engineering estimates may be used, but for large fluctuating loads with high potential savings appropriate measurements are required unless waived by the City); and 2. Current operating condition for each system. 3. Remaining useful life of each system 4. Feasible replacement systems 5. Hazardous materials and other environmental concerns The Company shall use data loggers and conduct interviews with Facilities operation and maintenance staff regarding the Facilities operation, occupancy patterns, and problems with comfort levels or equipment reliability. The Company shalt also perform physical inspections of the systems and conduct interviews with systems operation and maintenance staff regarding the operation of the systems. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 3 of 19 C. Establish Base Year Consumption and Reconcile with End Use Consumption Estimates The Company shall examine the most recent 36 months of utility bills and establish Base Year consumption for electricity, fossil fuels and water by averaging; or selecting the most representative contiguous 12 months. The Company shall consult with Facilities staff and account for any unusual or anomalous utility bills which may skew Base Year consumption from a reasonable representation. Company shall estimate loading, usage and/or hours of operation for all major end uses representing more than 5% in aggregate of total Facilities consumption including, but not limited to: 1. Water 2. Lighting 3. Heating 4. Cooling 5. HVAC motors (fans and pumps) 6. Plug load 7. Kitchen equipment 8. Other equipment 9. Miscellaneous Where loading and/or usage are highly uncertain, Company shall employ spot measurement and/or short term monitoring at its discretion, or at the request of the City. Reasonable applications of measurement typically include variable loads that are likely candidates for conservation measures, such as cooling equipment. The annual end use estimated consumption shall be reconciled with the annual Base Year consumption to within 5% of the aforementioned major end-use utilities, including electricity (kWh), fossil fuels, and water. The contribution to electric-peak demand for each end use also shall be reconciled to within 5% of the annual Base Year Peak for the major end-uses. The "miscellaneous" category shall not be more than 5%. The purpose of this is to place reasonable limits on potential savings. D. Develop List of Potential ECMs The Company shall: 1. Identify and propose potential ECMs for installation or implementation at the Facilities, including cut sheets on proposed equipment. For non-standard ECMs provide information regarding product site installations. 2. Identify and propose potential alternative energy generation projects for implementation by the City; 3. Provide a detailed estimate of the cost, savings and life expectancy of each proposed ECM and alternative energy generation project; 4. Specify Facilities operations and maintenance procedures which will be affected by the installation/implementation of the proposed ECMs and alternative energy generation projects; Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 4 of 19 5. Provide analysis methodology, supporting calculations and assumptions used to estimate savings, which shall be based on the life cycle cost calculations provided in Section 255.255 of the Florida Statutes. Manual calculations should disclose essential data, assumptions, formulas, etc. so that a reviewer could replicate the calculations based on the data provided; 6. For savings estimates using computer simulations, the Company shall provide access to the program and all inputs and assumptions used, as requested by the City; 7. Provide a preliminary savings measurement and verification plan for each of the proposed ECMs and alternative energy generation projects; 8. Provide a preliminary commissioning plan for the proposed ECMs; 9. Provide detailed calculations for any rate savings proposals; 10. Provide detailed supporting calculations for any proposed maintenance, material, or other operational savings. Describe annual variances in savings from year to year (e.g. lighting, warranties). 11. Estimate any environmental costs or benefits of the proposed ECMs (e.g. disposal costs, avoided emissions, water conservation, etc.). Provide emission reductions data for NOX, C02 and S02. ~ Segment emissions data for direct site emissions reductions (e.g. fossil fuels) and indirect emissions reduction data (e.g. electricity/water). 12. For all proposed ECMs or alternative energy generation projects, the Company shall comply with all applicable, federal, and State, Miami-Dade County, and City codes and regulations in effect at the time of this analysis. E. Select Final Recommended ECMs and Alternative Energy Generation Methods The Company shall, in consultation with the City, recommend specific ECMs and alternative energy generation projects from its preliminary compilation for installation and implementation at the Facilities. This list shall be compiled and submitted to the City within one hundred twenty (120) days from the effective date of this Agreement. F. Provide Cost and Fee Estimates The Company shall provide detailed estimates of all costs and fees associated with the installation and implementation of the ECMs and alternative energy generation projects, including: 1. Engineering/design costs for individual ECMs and alternative energy generation projects 2. Contractor/vendor estimates for individual ECM and alternative energy generation projects unit costs 3. Construction management fees for the project(s) 4. Commissioning costs for individual ECMs 5. Initial training costs 6. Annual service fees including: Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 5 of 19 - measurement and verification - maintenance - performance monitoring - on-going training services 7. Other costs/fee (specify) The Company will also identify various options available to the City to finance the project costs, and will provide preliminary interest rate quotes for the various financing methods for consideration by the City. G. Develop Savings Estimates The City has endeavored to provide the Company with sufficient general and specific guidance in this Article 1 to develop the savings estimates for the Report. In the event that questions arise as to the calculation of savings or whether certain items will be allowed as savings, the Company shall seek written guidance from the City. The City's rejection of certain calculations of savings or rejection of certain items as allowable savings in the Report shall be at the sole risk of the Company. The City also reserves the right to reject Company calculations of savings when it determines that there is another more suitable or preferable means of determining or calculating such savings. The following items will be allowed as savings or in the development of savings: Escalation rates of _5 % for natural gas Escalation rates of 5 % for electricity (plus an initial, one-time increase of 16% above current rates) Escalation rates of 5 % for oil Escalation rates of _5 % for steam Escalation rates of _5 % for water (plus an initial, one-time increase of 20% above current rates) Escalation rates of 5 % for other fuel types (specify) Escalation rates of 3 % for operation and maintenance cost savings Escalation rates of _3 % for material/commodity cost savings Escalation rates of _3 % for allowable labor savings The following items will not typically be credited as savings derived from a proposed ECM. The Company may seek exemptions from the City on a case-by-case basis. However, the final determination of allowable savings in each case considered shall reside with the City. City in-house labor cost City deferred maintenance cost Offset of future City capital cost In preparing the Report, the Company will provide savings estimates for potential project terms of fifteen (15) and twenty (20) years. The Report shall also provide project savings estimates with no escalation, and percent increases of one (1) and two (2) percent above and below the numbers indicated above as escalation factors. H. Deliver the Report The Report shall include the presentation of information in the following Schedules required for the Energy Performance Contract (EPC) to the extent the information has Energy Audit Agreement [date) City of Miami Beach - AMERESCO, Energy Audit Agreement Page 6 of 19 been developed during the course of performing the audit. Preliminary information and incomplete schedules will be finalized during contract negotiations, prior to execution of the ESC. Schedules Schedule A Equipment to be Installed Schedule B Energy Savings Guaranty Schedule C Compensation to Company Schedule D Premises Schedule E Calculation of Baseline/Benchmarks Schedule F Financing Agreement Schedule G Company Maintenance Responsibilities Schedule H Agency Maintenance Responsibilities Schedule I ECMs Operating Parameters/Standards of Comfort and Service Schedule J Company Training Responsibilities Schedule K Project Installation Schedule Schedule L Current and Known Future Capital Projects at the Premises Schedule M Pre-Installation Equipment Inventory Schedule N Methods of Savings Measurement and Verification Schedule O Equipment Systems Startup and Commissioning of ECMs Schedule P Alternative Dispute Resolution (ADR) Schedule Q Insurance and Bonds Schedule R Warranties Schedule S Proposed Final Project Cost and Proposed Final Project Cash Flow Analysis Attachment A Sample Construction Process language Exhibit I Performance Bond/Construction Bond Exhibit II (i) Certification of Acceptance--Energy Audit Report Exhibit II (ii) Certification of Acceptance-Energy Conservation Measures Exhibit III Equipment Warranties The Company shall complete and deliver the Report to the City within two hundred forty (240) calendar days from the Effective Date of this Agreement, in the following format: 1. Provide an executive summary that describes the Facilities, measures evaluated, analysis methodology, results and a summary table presenting the cost and savings estimates for each recommended measure. 2. A discussion of ECMs and alternative energy generation projects not evaluated in detail and the explanation of why a detailed analysis was not performed. 3. Conclusions, observations and caveats regarding cost and savings estimates. 4. Thorough appendices which document the data relied upon to prepare the analysis and how that data was collected. 5. Provide a summary of all utility bills, consumption baselines and how they were established, and end use reconciliation with respect to the baselines (including a discussion of any unusual characteristics and findings). 6. Provide detailed descriptions for each ECM including analysis method, supporting calculations (may be submitted in appendices), results, proposed equipment and implementation issues. Provide a financial analysis for each proposed ECM. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 7 of 19 Article 2: Acceptance of the Report by the Citv if ECMs are Feasible. The City shall conduct and complete a technical review within ninety (90) calendar days of its receipt of the Report, unless otherwise mutally extended, in writing, by the parties. The City shall accept the Report if the recommended ECMs and alternative energy generation projects are deemed feasible in the sole discretion of the City and the projected energy cost savings are equal to or greater than the total projected costs of the design and installation of the recommended ECMs and alternative energy generation projects and sufficient to cover the amortized costs of the project over the selected contract term. If the City determines that one or more of the recommended ECMs or alternative energy generation methods is not feasible, the City shall notify the Company of such objections and the Company shall modify the Report and resubmit it to the City as soon as practicable. Once the City has accepted the Report, the Company shall prepare and deliver to the City a proposal (the "Project Proposal") for implementation of the recommended ECM's and alternative energy generation projects, which will include: 1) the proposed scope of work (the "Scope of Work"); 2) the implementation price for the Scope of Work (the "Implementation Price"); 3) the estimated cost savings resulting from the Scope of Work; and 4) A financial pro-forma showing the complete financial impact to the City, on an annual basis, of the Project Proposal. Coincident with the completion of the Audit Work and the City's notification that it has approved the Scope of Work set forth in the Project Proposal, the Company will prepare and submit to the City a draft Energy Performance Contract detailing the terms and conditions related to the implementation of the Project Proposal. Article 3: Energy Performance Contract Upon City's acceptance of the projects proposal, the Parties shall use good faith reasonable efforts to negotiate an Energy Performance Contract under which the Company shall design, install, and implement ECMs and alternative energy generation projects and provide certain maintenance and monitoring services. However, nothing in this Agreement should be construed as an obligation on any of the Parties to execute such an Energy Performance Contract. The terms and conditions of such an Energy Performance Contract shall be set forth in a separate agreement. This Agreement shall automatically terminate upon the Parties' execution of an Energy Performance Contract relating to the Facilities and/or Systems. Article 4: Payment The Parties understand and intend that the Company's costs for services performed under this Agreement shall be included in the implementation price for the proposed Scope of Work under the Energy Performance Contract, to be paid from savings generated by implemented ECMs Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 8 of 19 and/or alternative energy generation projects. The Company is undertaking work under this Agreement in consideration of the City's good faith intention to negotiate and implement the Energy Performance Contract with the Company. The City agrees that, if it does not proceed with the implementation of the Scope of Work within one hundred twenty (120) calendar days of the submission of the Project Proposal, the City will compensate the Company for its Audit Work by paying an audit fee to the Company in the amount of One Hundred Seventy-Five Thousand Dollars ($175,000) (the "Audit Fee"). An affirmative vote by the City Commission to proceed with one or more ECM's shall be deemed sufficient to satisfy the 120 calendar day implementation requirement. The Audit Fee shall be fully-earned, due and payable by the City to the Company no later than forty-five (45) calendar days after the date the Company submits the audit report to the City. If the parties enter into an Energy Performance Contract which includes the Scope of Work, the City will not be separately billed for the Audit Fee under this Agreement as the implementation price shall be all inclusive. The Company has represented and the City has relied that by retaining the services of the Company, the City would realize a minimum savings of $733,000 if the ECM"s identified in the RFP response are implemented. In the event that such ECM projects do not produce the minimum amount of $733,000 in savings (including energy, water and sewer, and other related cost savings), the City in its sole discretion may without any obligation to the Company terminate this agreement and make no payment. In the unlikely event that the Company is unable to develop a Project Proposal whereby the amount of energy cost savings can be reasonably ascertained and guaranteed in an amount sufficient to cover all costs associated with an energy performance contracting project at the Facilities, then the City will not be obligated to reimburse the Company the Audit Fee; provided, however, that the Company will be deemed to have satisfied the above requirements and the City shall be obligated to pay the Audit Fee should the Company's failure to meet the above requirements result from: (a) a material adverse change in the City's credit or bond rating; and/or (b) an increase in interest rates such that the costs associated with the Scope of Work increase due to conditions beyond the control or fault of the Company. Article 5: Termination A. By Company: Company may terminate this Agreement prior to the completion of the Report if: (i) It determines that it cannot guarantee an amount of savings in energy costs through the implementation of an Energy Performance Contract project at the Facilities sufficient to pay for all costs associated with the respective project; or (ii) It determines that even though it can guarantee a minimum amount of savings in energy costs, the amount would be insufficient to cover the costs associated with performing theReport, installing energy conservation measures and related training, maintenance and monitoring services over the specified contract term. In the event Company terminates the Agreement pursuant to Section 5 A (i} or (ii) the City shall not be obligated to pay any amount to Company for services performed or expenses incurred by Company in performing the Report. Company shall provide any documents (preliminary notes, reports, or analysis) which have been produced or prepared prior to the Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 9 of 19 effective date of termination. Company will return any documents or information that was provided by the City. Termination under this section shall be effective upon City's receipt of written notification from the Company stating the reason for the termination and all documents which support termination pursuant to 5 A (i) or 5 A (ii) herein. B. By the City: City may terminate this Agreement: (i) If the Company fails to complete the Energy Audit and deliver the Report to the City by the date established in Article 1 H, above; or fails to obtain a written extension of that date from the City. Termination under this subsection B (i) shall be effective upon Company's receipt of written notification from the City that the deadline for submission of the Energy Audit and Report has passed. In this event, the City shall not be obligated to pay any amount to Company for services performed or expenses incurred by the Company in performing the Energy Audit and preparing the Report required under this Agreement. Company shall provide the City with any Audit documents (preliminary notes, reports, or analysis) which have been produced or prepared prior to the effective date of the termination. Company will return any documents or information that was provided by the City. (ii) If, prior or subsequent to the completion of the Energy Audit or Report, the Company notifies the City in writing that it is unable to guarantee an amount of savings sufficient to pay all project costs of savings pursuant to subsection 4 A (i) or (ii) above. Termination under this subsection B (ii) shall be effective upon Company's receipt of written notification of termination from the City. In this event, the City shall not be obligated to pay any amount to Company for services performed or expenses incurred by Company in performing the Energy Audit and preparation of the Report required under this Agreement. Company shall provide the City with any Audit documents (preliminary notes, reports, or analysis) which have been produced or prepared prior to the effective date of the termination. Company will return any documents or information that was provided by the City. (iii) If, prior or subsequent to the completion of the Energy Audit or Report, the City notifies the Company in writing that it has elected to terminate this Agreement and not enter into an Energy Performance Contract, the City shall reimburse the Company for either the actual expenses incurred or percent of the Audit and Report completed as of the effective date of the termination, the amount being determined as fair and equitable by the City. Termination under this subsection B (iii) shall be effective upon Company's receipt of written notification from the City. Company agrees to provide the City with any records of expenses incurred and any preliminary notes, reports or analyses that have been produced or prepared prior to the effective date of the termination. Such documentation shall be used by the City to determine the extent of work completed by Company prior to termination and shall become the property of the City. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 10 of 19 If after completion and acceptance of the Energy Audit, the City does not enter into an Energy Performance Contract with the Company within 120 (one hundred twenty) days after written acceptance of the Energy Audit, the City agrees to reimburse the Company for the cost of the Energy Audit as detailed herein. Termination under this subsection B (iii) shall be effective upon Company's receipt of written notification from the City. The Energy Audit and Report will become the property of the City. It is clearly understood by both parties hereto that, if the Parties successfully negotiate and execute an Energy Performance Contract, no payment shall be due for the Energy Audit or Report under the terms of this Agreement. It is also understood that not all recommended ECMs need be implemented in negotiating an Energy Performance Contract. This Agreement shall automatically terminate upon the execution of an Energy Performance Contract by Company and the City for an energy performance contracting project at the Facilities. It is further understood that provisions for payment for the Energy Audit shall be incorporated into the Energy Performance Contract. C. By Either Partv: Either Party may terminate this Agreement, when the Party deems it to be in its best interest to do so, by providing the other Party thirty (30) days written notice of its intent to do so. Termination shall be effective thirty (30) days after receipt of the written notice. Should the City terminate this Agreement under this provision, the City will reimburse the Company for its costs incurred in performance of its responsibilities under this Agreement to the date of such termination, up to, but not to exceed, the amount of the Audit Fee. Should the Company terminate this Agreement under this provision; the City will be under no obligation to compensate the Company for the Audit Fee. Article 6: Standard Terms and Conditions A. Agreement Term This Agreement term shall commence on the Effective Date herein and end on December 31, 2009, unless earlier terminated pursuant to the provisions of Article 4 hereof. B. Termination by City for Lack of Funding Obligations of the City shall cease immediately and this Agreement shall automatically terminate without penalty if, in any fiscal year covered by the Agreement term, the Legislature or the City fails to appropriate, re-appropriate or otherwise make available funds for this Agreement. The City shall provide written notification to the Company of any impending change in the status of appropriations which may affect this Agreement of which it has notice. C. Materials. Equipment and Supplies The Company shall provide or cause to be provided all facilities, materials, equipment and supplies necessary to perform the Energy Audit and prepare the Report. D. Subcontractor Disclosure If, during the term of this Agreement, the Company proposes to retain subcontractors to perform material work pursuant to this Agreement, the Company shall so notify the City in writing and obtain the prior written approval of the City before retaining said subcontractors. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 11 of 19 E. City Access to Company's Records The City shall have the right, throughout the term of this Agreement and throughout the term of any subsequent Energy Performance Contract resulting from this Agreement, to inspect, audit and obtain copies of all books, records, and supporting documents which Company is required to maintain according to the terms of this Agreement. F. Patent and Copyright Responsibility The Company agrees that any material or design specified by the Company or supplied by the Company pursuant to this Agreement shall not knowingly infringe any patent or copyright, and the Company shall be solely responsible for securing any necessary licenses required for patented or copyrighted material utilized by the Company in the performance of the Energy Audit and preparation of the Report. G. Indemnity/Insurance The Company agrees to assume all risk of loss and to indemnify and hold the City of Miami Beach, and its officers, agents and employees harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, for injuries to persons (including death) and for loss of, damage to or destruction of property (including property of the City) because of the Company's negligent or intentional acts or omissions. In the event that any demand or claim is made or suit is commenced against the City, the City shall give prompt written notice thereof to the Company and the Company shall defend the same on behalf of the City. The Company further agrees to provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City's Risk Management Department: 1. Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 2. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by the Company or City, and shall name the City and the officers, agents and employees of said Company as additional insured while acting within the scope of their duties but only as to work performed by the Company under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Company shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Company during any period when it Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 12 of 19 is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverage contains aggregate limits, or applies to other operations or tenancy of the Company outside the proposed Agreement, the Company shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. The Company shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. The Company also agrees to indemnify and hold the City harmless should any goods or services provided by the Company infringe upon the patent, copyright or trade secret of another. The indemnification provisions under this paragraph are intended by the Parties to survive termination of this Agreement. H. Lobbying, Integrity. and Retention of Records The Company shall not, in connection with this or any other agreement with the City, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or agreements of any kind. Upon request of the City Attorney, or other authorized City official, the Company shall provide any type of information the City Attorney deems relevant to the Company's integrity or responsibility. Such information may include, but shall not be limited to, the Company's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Company shall retain such records for the longer of (1) three years after the expiration of the Agreement or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). Failure to maintain the books, records, and supporting dccuments required by this Section shall establish a presumption in favor of the City for the recovery of any funds paid by the City under the Agreement for which adequate books, records, and supporting documents are not available to support their purported disbursement. The Company agrees to reimburse the City for the reasonable costs of investigation incurred by the City Attorney or other authorized City official for investigations of the Company's compliance with the terms of this or any other agreement between the Company and the City which results in the suspension or debarment of the Company. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Company shall not be responsible for any costs of investigations that do not result in the Company's suspension or debarment. I. Dispute Resolution The City and the Company recognize and acknowledge that efforts should always be made to avoid or prevent disputes through effective partnering, good communications, and joint decision making; and that timely requests for clarification and for information will help ensure a better Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 13 of 19 understanding of issues and problems and lead to the elimination of doubts, uncertainties, and ambiguities. Nevertheless, the City and the Company also recognize that disputes may develop between them and, in such event, wish to establish procedures to be followed to resolve such disputes in the shortest possible time and at the least possible expense to the City and the Company. Any conflict or dispute between the City and the Company shall be resolved in accordance with the procedures specified in this Agreement, which shall be the sole and exclusive procedures for the resolution of any such disputes. This Agreement establishes successive steps of conflict prevention and alternative dispute resolution prior to litigation, completion of which shall be conditions precedent to the right to commence litigation over any dispute arising out of or relating to the Agreement. The successive steps are: (1) informal negotiations between project- level management personnel; (2) formal negotiations between executive-level management, initiated by written notice and completed within thirty days, or longer as mutually agreed; and (3) mediation, initiated by written notice. If the City and the Company have not agreed within ten (10) business days of the request for mediation on the selection of a neutral mediator willing to serve, then the Parties agree that a mediator shall be selected by the Florida Conflict Resolution Consortium (FCRC), Florida State University, Tallahassee, (850) 644-6320 (http://consensus.fsu.edu). The appointment by FCRC of a qualified mediator shall be binding on both Parties, and both Parties shall promptly cooperate with the appointed mediator to effectuate mediation. Any legal or equitable action arising out of or relating to this Agreement shall be brought in the appropriate court in Miami-Dade County, Florida, and not elsewhere, and shall be governed by Florida law. J. Personnel All Company employees, subcontractors, or agents performing work under this Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Company shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the City. The City may conduct, and the Company shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Company. The City may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the City's security or other requirements. Such approval shall not relieve the Company of its obligation to perform all work in compliance with the Agreement. The City may reject and bar from any facility for cause any of the Company's employees, subcontractors, or agents. The Company, together with its agents, subcontractors, officers and employees, shall have and always retain under the Agreement the legal status of an independent contractor, and in no manner shall they be deemed employees of the City or deemed to be entitled to any benefits associated with such employment. During the term of the Agreement, the Company shall maintain at its sole expense those benefits to which its employees would otherwise be entitled to by law, including health benefits, and all necessary insurance for its employees, including workers' compensation, disability, and unemployment insurance, and provide the City with certification of such insurance upon request. The Company remains responsible for all applicable Federal, state, and local taxes, and all FICA contributions. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 14 of 19 K. Compliance with Applicable_Law In performing this Agreement, the Company shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local (Miami-Dade County and City) agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Agreement. By way of further non- exhaustive example, the Company shall comply with Section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, veteran's status, and/or sexual orientation. Violation of such laws shall be grounds for Agreement termination. The City may cancel the Agreement with no obligation whatsoever to the Company if the Company refuses to allow public access to all records made or received by the Company in conjunction with the Agreement, unless the records are exempt from disclosure under applicable Florida Public Records law. L. Waivers No right of either party hereto shall be deemed to have been waived by non-exercise thereof, or otherwise, unless such waiver is reduced to writing and executed by the party entitled to exercise such right. M. Assignment Neither Party may assign this Agreement without the prior written consent of the other Party, which shall not be unreasonably withheld. N. Capacity to Contract Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party to the Agreement. The Company warrants that it is in good standing and legally authorized to transact business in Florida. The Company warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Company's ability to satisfy its Agreement obligations. The Company warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to Section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Company shall immediately notify the City in writing if its ability to perform is compromised in any manner during the term of the Agreement. O. Governing Law This Agreement shall be governed by and construed only in accordance with the laws of the State of Florida. P. Agreement The following documents are incorporated in, and made a part of, this Agreement: 1. The Company RFP response 2. The Company presentation materials for both the evaluation interview and the City Commission presentation. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 15 of 19 Q. Confidential Information In the event that a Party is given access to the other Party's confidential information as made available by the other Party) ,each Party shall protect such confidential information in the same manner as it protects its own confidential information of like kind. Disclosure of any confidential information received by the City will be governed by applicable Florida Public Records law. R. Convicted or Discriminatory Vendors A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; and may not transact business with any public entity. S. Notices All necessary and ordinary communications, submittals, approvals, requests and notices related to this Agreement shall be issued or received by: If to City: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Telephone: 305. 673.7010 Facsimile: 305.673.7782 Email: CityManager@miamibeachfl.gov If to Company: John L. Bosch Vice President, Southeast Region AMERESCO 2202 N. West Shore Blvd. Suite 200 Energy Audit Agreement City of Miami Beach - AMERESCO, Energy Audit Agreement [date] Page 16 of 19 Tampa, FL 33607 Telephone: 704.779.5741 Facsimile: 866-232-1217 Email: JBosch@ameresco.com Either Party may change its point of contact by written notice to other Party's then-current designated contact, which shall not constitute a formal amendment to this Agreement. T. Modification of Terms The Agreement contains all the terms and conditions agreed upon by the Parties. The Agreement may only be modified or amended upon mutual written agreement of the Parties. No oral agreements or representations shall be valid or binding upon the City or the Company. U. Execution in Counterparts The Agreement may be executed in counterparts, each of which shalt be an original and all of which shall constitute but one and the same instrument. V. Severability If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year written below. City of Miami Beach By: Title: Date Ameresco, Inc. By: Title: Date Energy Audit Agreement City of Miami Beach - AMERESCO, Energy Audit Agreement [date] Page 17 of 19 Attachment A to Energy Audit Agreement PITY f'tF ItilQkRl E3FACH FACWTtE5 LIST" Butldi ~ ~~ 8u~t[ing dame _ ` _ Address G wfra A 1 ~~ ~;.._. 42 iFaircvay Park Recreation Cerder 200 Fnray DrJrre____ ____~ _3~1d1__ 19Frt ~ l JA i _~ __ ~____ 3 i~Onventivn irerster ~ __ . 62 Anchor Gara e 190D Ctsnventttm Center Qr+~s+e i 16 Street 33139 33139 1Sgy ~999 1 ~~1 ~ g _ _. ~ Police Station Parking Garage 4A ! '1100 Washsngtort [7tiwe 33139 j 1987 Y _ __ _23t11i3f1 . e . _ . 2 Jaekre Gleason Thee _ _ ~~~~~-~ t 170J3 Washington [)love t 33139 1488 156 $EE1Q , j Polsce Stai~c~ _ ~4 1 Cic~ Ha8 fig Miami LTal1~ ______._~ _ M1Ut1 ~3lashir~~c~ ih~~ 170t1 Cwrventron £~er CAr~a+e 22U{1 Liberty Am:nee _ w _ _ 33139 33139 ~ 33139 ~~ .1987 1975 19~ #t1U $7,$(Tti ~ 63„279 ~ _ ~ _ ___.___ _ ___ ~ 16 Youth Center 2700 Sheridan Aa~aznue ____ _ ______W____~_ ~ 3314E1 . 197$ _ 55118 ':. _ _ __ j5 Oki Crty Hai _ 1130 Washnx~on [}rtre f 33139 1927 35 iM#E1 5 Mechanical Maintenanee7S«ran __ . 160 MacArthur Causevr~y_ _ _ s ° __ 33134 1982' 34 410U i 28 '.North Shore Yotth Center 501 72 Street _ -~ - 33141 ! 200.3 32,$77 s __ 19 -.Bass Mosetxn X 2101 Paa#c Ague 33139 19311 31„125 _ 25 Colony The~er ~ ~~W v -~-~ - 1{bi0-1050 Lin~c~n Road 33139 1934 2$;I - - ~ -64 ~$yron Cariy~ ih~ea~er _~ G5 trttice Hwkling _ 500 71 St€ee# _ 1701 MerxlranAsue~xe id1 33139 19&8 1959 2B„1>IIO 2$,> ~~ 11 `21 Street Recreatirna Cuter 1 ~ 2000-2100 cut - 33133 1985 2ti . 22 iSoutfi Shore ComrrruraCy Center s i 833 6 Stteet ___ - _. _~ 33139 _._- - 1972 _.._ 1$ 73et _._. _.._. .. _ _, e j 21 Nortfi Shore Csanmuttit~r Center _ -- _- 7251, $, 7275 Cats Avenue 33141 4',~1 18 656 j 5G Warehouse Terminai~ 33139 1'924 43„341! i _ ' 32 Polsee AihPe#ic League - PAL__ .__ _ _ ~8 Bayshore Club House 999 11 Street j2301 Attan Road 3313'3 33139 '1972 2« 13,U(8} 12 BfHi 18 Ocean Front AuditoriumlBeash Patrol ~ 1U01 Ocean t3nve 33139 1995 118H4 '. 12 Fare Static # 2 ` 2300 Pinetree Dnve 33-14{1 E 1938 i 11578 j Is#e ActsvsCy Center ' 7030 TrouviHe Esplanda 331~i1 ~20fl7 'i1 278 _. __ radium - Fiaznuu~o Paris 34 ~Baseh~l S ~--- - - --- - -~---- ~, Mrch~an Averse ~ _ _ 33133 195& ~ 9 3 I __________.y ! 'i0 Parks Divisian_ NurseB+ `2100 MeridianAvee ~ 33139 hflA 911kB 1Q Fire Sta€ron # 1 1051 Jeifersen A~ 33139 1468 9,i1~Q -- -- --- 54 ~Bayshnre Mainiersanee ____. - 2800 Mendian Wa~t________ 33139 4456 __ 7„S~i 23 Garden Center F il i M S 2~0 Garden Center Drive ~ t D i 2300 P 439 931411 ~ 1%1 €1985 7,fi% ~ ~ 6611 asntenance ac ~i re tation 13 F ine ree r ve........ t __._ '~ 1 ... .. .................._.... .. ... ...3 2tY VCA Buskting I 8 Fire Statscsn # 3 5d5-555 17 Stree 5305 Cons Avenue 4 39._. ~ _33 33139 1955 . 1975 ...............__... 7 596 ~ 7 4911 24 South Paiute Park Facildies 1 South Washrngts~ Avenue I 33139 1986 ~ 62511 . 34 Meter Parking_Burkiing 183311837 Hay Road { 33138 1953 6 2411 ~ 27 Holtz Tennis Stadium ~ 1290 1~ Avenue _____~ 33139 1985 . __ 4 112 v South Beach Actr,~it~+ Csrttet` j 50 f nendship C 4 & 2 ' 33138 1%3 ~ 3,869 A6 AAuss Park Recreation Cerd~ 4400 Chase Auensne 3314fl 1975 ? 3„40t1 b1 Etc Shuttle Bu 160 MacAathur_Causeway _ ~ .33139 1998 325#1 .J 1 Shade Huse 8128 Cd~rts Avenue I 33141 ANA 3 21111 __ 49 Temras Center 12 Street ~ ersoFr Avenue .._ 33139 i 195fl 3,146 52 € ~ Patrol Buil~ --- L 18 Stnaet J;i Avexxta ___., 33139 =1942 2,9811 i olsce Suh-Statron 26 6$6C1 ~ Creek [kFVe 33141 ! 1985 2 412 , 36 Foot ;Flamingo Park ~ 33139 ~2t~2 2 9[f4 :: 53 DJorth Shore Park Headquarters =7901 Cotiins Aver;ue ' 33139 1973 , 2„691 ; 1 ~a9 Lug Cabin . . , ;8120 Caltins Avenue _..._.._.._: 33141 _.._.._._~.~ 1934 _.. 2 4183 .__.... . _ X18 _. ,T _........ een Recreation Cerder ' 12 Street & Mi Auerute 33139 1456 2 163 ~_ d0~ Employee L star a 8125 Collsrts Averstte 33141 1A 1 . . 35 .Football Stadium Alton Road 33139 1456 1,75rQ 43 Polo Park Recreation Gerdes '805 62 Street ~ 33144 4969 4 745 ~ ~~~ 65 Tatscm Park Recreation Ce+det 51 Stage Lummus Park 8050 Boon Avenue 9 Street 8 Ocean Drae € 33161 ~ 33139 1954 1986 1 512 1 540 j 3 67 Michnotf Fieldhouse Flamingo Park 33139 1981 1 12903 ' X33 Stdl+uater Park Recreation Carder ~ 8640 Hawlhome A~nue 33141 1951 ' 1 139 ~ Comfort Facsisty 3 - - - 6621 Colisns Rvenu~ --- 33160 -- - ,1963, -- _ 11128 - _ _ '38 Comtoet Statron '.5300 Cai#sns Avenue r 3314fl r 1%7 ; ~ 415 _ 55 .__.__Cra2spi Recre~ionCea>~ X7800 Crespi Road _~ .__. _~ 33139 1456 872 ~~ 63 ~ xroriat Field House ;Flamingo Paric _ ' 33134 195+0 460 ~__ ____ "s____ , _......._.. .. ' _ _..__..._ .._ .... .............. _ ~ ~ .. ...... _ ~ _. 2.634 Q62 This Est dares not inc#rcie City parking facditre~s grid other gropertses. Energy Audit Agreement City of Miami Beach - AMERESCO, Energy Audit Agreement [date] Page 18 of 19 Attachment B to Energy Audit Agreement City of Miami Beach Public Service "Systems" Water distribution system. Water meter reading and billing system. Wastewater collection and pumping system. Stormwater collection system. Stormwater injection well system. Street lighting system. Energy Audit Agreement [date] City of Miami Beach - AMERESCO, Energy Audit Agreement Page 19 of 19 DESCRIPTION LOCATION 10th Street Life uard Tower 10th Street -Lifeguard Stand 10th Street Restroom 10th Street/Ocean Drive -Restrooms 13th Street Life uard Tower 13th Street -Lifeguard Stand 14th Street Life uard Tower 14th Street -Lifeguard Stand 14th Street Restroom 14th Street/Ocean Drive -Restrooms 16th Street Lifeguard Tower 16th Street -Lifeguard Stand 17th Street Life uard Tower 17th Street -Lifeguard Stand 18th Street Life uard Tower 18th Street -Lifeguard Stand 1st Street Lifeguard Tower 1st Street -Lifeguard Stand 1st Street Restroom 1st Street/Ocean Drive -Restrooms 21st Street Acorn Theatre 2100 Washin ton Avenue 21st Street Bandshell 2100 Washin ton Avenue 21st Street Communi Center 2100 Washin ton Avenue 21st Street Life uard Tower 21st Street -Lifeguard Stand 21st Street Restroom 21st Street/Ocean Drive -Restrooms 29th Street Restroom 29th Street/Ocean Drive -Restrooms 30th Street Life uard Tower 30th Street -Lifeguard Stand 35th Street Life uard Tower 35th Street -Lifeguard Stand 3rd Street Restroom 3rd Street/Ocean Drive -Restrooms 41st Street Life uard Tower 41th Street -Lifeguard Stand 46th Street Life uard Tower 46th Street -Lifeguard Stand 46th Street Restroom 46th Street/Ocean Drive -Restrooms 53rd Street Life uard Tower 53rd Street -Lifeguard Stand 53rd Street Restroom 53rd Street/Ocean Drive -Restrooms 555 17th Street Buldin 555 17th Street 64th Street Life uard Tower 64th Street -Lifeguard Stand 6th Street Life uard Tower 6th Street -Lifeguard Stand 6th Street Restroom 6th Street/Ocean Drive -Restrooms 72nd Street Life uard Tower 72nd Street -Lifeguard Stand 73rd Street Restroom 73rd Street/Ocean Drive -Restrooms 777 Buildin 777 17th Street 77th Street Life uard Tower 77th Street -Lifeguard Stand 79th Street Life uard Tower 79th Street -Lifeguard Stand 8th Street Life uard Tower 8th Street -Lifeguard Stand Bass Museum 2121 Park Avenue B ron Carl le 500 71st Street Carl Fisher Club House 2100 Washin ton Avenue Ci Hall 1700 Convention Center Drive Fire Station 1 1051 Jefferson Avenue Fire Station 2 2300 Pinetree Drive Fire Station 3 5303 Collins Avenue Fire Station 4 6880 Indian Creek Drive Fla ler Monument Biscayne Bay Fleet Mana ement Buildings 140 MacArthur Causeway Garden Center 1900 Garden Center Drive Historic City Hall 1130 Washin ton Avenue Indian Chief Statue 40 Street/Pinetree Drive Jetty Life uard Tower Jetty -Life uard Stand Lincoln Road Mall Washington Avenue-Alton Road/Lincoln Road Marine Patrol Headquarters 1790 Purdy Avenue Miami Beach Golf Club 2301 Alton Road Normand Shores Golf Club 2401 Biarritz Drive North Shore Communi Center (Band Shell) 7251 Collins Avenue - Bandshell North Shore Park Youth Center 501 72nd Street Ocean Front Auditorium 1001 Ocean Drive Palm Island Fountain Palm Island Palm/Hibiscus/Star Is. Brid es Pallm Island/Hibiscus Island/Star Island Parkin Maintenance Bld 1837 Ba Road Police Athletic Lea ue 999 11th Street Police Headquarters 1100 Washin ton Avenue Police Mini Station 210 2nd Street -RDA Police Sub Station Indian Creek Dr. 6840 Indian Creek Drive Prope Mana ement 1245 Michi an Avenue Public Works Sewer Lift Station (26) 451 Dade Boulevard Public Works Yard 451 Dade Boulevard Sanitation Buildin s 140 MacArthur Causewa Scott Rakow Youth Center 2700 Sheridan Avenue South Point Pier South Pointe Fishin Pier South Shore Communi Center 833 6th Street Star Island Fountain Star Island Telecomm Site - Ci Hall 1700 Convention Center Drive Telecomm Site -Historic City Hall 1130 Washin ton Avenue Telecomm Site - LaGorce Palace 6301 Collins Avenue Telecomm Site -Rebecca Towers 150 Alton Road Telecomm Site Fire Station 2 2300 Pinetree Drive Telecomm Site Tower 41 4101 Pinetree Drive Welcome Si ns Ci ide CONVENTION CENTER 1901 Convention Center Drive Colony Theatre 1040 Lincoln Road Miami City Ballet 2200 Libe Avenue South Shore Library at The Courts 225 Washin ton Avenue Fairway Park Recreation Center 200 Fairwa Drive 211 22nd Street (Part of Library) 211 22nd Street 227 22nd Street (Part of Library) 227 22nd Street 245 22nd Street (Part of Library) 245 22nd Street