2013/08/13 City Council Resolution 2013-118RESOLUTION NO. 2013-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT REGARDING THE
COUNTYWIDE GREENHOUSE GAS REDUCTION IMPLEMENTATION
PROGRAM
WHEREAS, in February 2012, the Regional Climate Protection Authority (RCPA)
partnered with the County of Sonoma Permit and Resource Management Department (PRMD)
to secure a Sustainable Communities Planning grant from the Strategic Growth Council in the
amount of $1 million;
WHEREAS, the Greenhouse Gas Reduction Implementation Program (GRIP) is a
collaborative effort among all nine cities and the County of Sonoma to take further actions in
reducing community GHG emissions;
WHEREAS, through the implementation of this program, participating jurisdictions
will achieve compliance with Bay Area Air Quality Management District (BAAQMD)
guidelines and other related policies that establish reduction targets for GHG emissions,
including AB 32, CEQA and local GHG reduction goals;
WHEREAS, building upon the climate protection efforts and goals established in 2008
Community Climate Action Plan created by the Climate Protection Campaign, the goal of the
GRIP is to update all municipal and community -wide GHG inventories, evaluate emission
targets, and to create an implementation plan to reach those targets;
WHEREAS, GRIP will be administered by the RCPA, but each participating
jurisdiction will need to devote some staff time to assist in developing information and
conducting public outreach;
WHEREAS, the grant allocates funding for these purposes and Rohnert Park's
estimated share is $35,000 over the two -year implementation term.
NOW, THEREFORE the City Council of the City of Rohnert Park does hereby
resolve, determine, find and order as follows:
Section 1: Agency Agreement. The City Council approves a Memorandum of Agreement
Regarding the Greenhouse Gas Reduction Implementation Program by and between the
County of Sonoma, acting through the Permit & Resource Management Department
(PRMD), and the City of Rohnert Park (in substantially similar form to Attachment A
attached hereto and incorporated by this reference), for the City of Rohnert Park to
collaborate on the development and implementation of a Greenhouse Gas Reduction
Implementation Program in accordance with the County's grant agreement with the
Strategic Growth Council.
Section 2. City Manager Authorization. City Manager is hereby authorized and directed
to take all actions to effectuate the two aforementioned agreements for and on behalf of the
City of Rohnert Park, including execution, if necessary, in substantially similar form to the
memoranda of agreement attached hereto.
Section 3. Authorized Signatures. The Mayor, or presiding officer, is hereby authorized to
affix his signature to this Resolution signifying its adoption and the City Clerk, or her duly
appointed deputy, is directed to attest thereto.
PASSED, APPROVED AND ADOPTED this date of 13`x' of August, 2013.
ATTEST:
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City Clerk
Attachments: Attachment A to Resolution
CITY OF ROHNERT PARK
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ATTACHMENT A to Resolution
MEMORANDUM OF AGREEMENT REGARDING THE
GREENHOUSE GAS REDUCTION IMPLEMENTATION PROGRAM
This Memorandum of Agreement is entered into by and between the County of Sonoma, acting
through the Permit & Resource Management Department (PRMD), and the City of Rohnert
Park. The parties agree to collaborate on the development and implementation of a
Greenhouse Gas Reduction Implementation Program in accordance with the County's grant
agreement with the Strategic Growth Council (SGC), attached as Exhibit A.
A. The County was awarded a Grant in the amount of $1.0 million (the "Grant ") from the
Strategic Growth Council to prepare a coordinated Greenhouse Gas Reduction
Implementation Program (GRIP) in conjunction with the Sonoma County Regional
Climate Protection Authority (RCPA) and the nine incorporated cities.
B. The County has selected ICF Jones & Stokes, Inc. to act as the Lead Consultant for the
GRIP.
C. The RCPA Board of Directors is composed of representatives from the County and the
nine incorporated cities in Sonoma County. RCPA administers programs for
greenhouse gas reduction programs in Sonoma County and coordinates these programs
with the County and the nine incorporated cities, including the City.
D. The County has entered into an agreement with RCPA to provide grant administration,
project management and environmental review services for the GRIP. RCPA staff will
be the Project Manager and primary contact for this collaborative process and will help
to facilitate the interactions among all the jurisdictions, with the Lead Consultant and
local community partners.
E. Participation of City planning staff is integral to the success of the GRIP. The GRIP
process will result in an implementable Climate Action Plan (CAP) for the City. City staff
engagement is needed to give direction on GRIP elements including the CAP, model
codebook, implementation tracker and programmatic CEQA document. Additionally, City
staff is needed to work with RCPA staff to construct a public outreach plan specific to the
City's needs. Ultimately, City staff will bring the GRIP forward as a proposal for local
adoption with support from the RCPA and consultant team.
F. The County, RCPA, the cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert
Park, Santa Rosa, Sebastopol, Sonoma, the town of Windsor, and the Sonoma County
Transportation Authority (collectively, "Participating Agencies ") have or will enter into a
separate Participating Agencies Memorandum of Agreement regarding the Greenhouse
Gas Reduction Implementation Program for development and implementation of the
GRIP.
G. All of the Participating Agencies will be responsible for implementing the GRIP, but no
agency involved in the development of the GRIP will be responsible for implementing the
entire GRIP. The parties to this agreement agree, and anticipate that the Participating
Agencies will agree, that the RCPA should be designated as the appropriate lead
agency because it is coordinating the preparation of the GRIP as a whole, and because
each of the Participating Agencies, including the City, have appointed representatives
that sit on the RCPA Board of Directors. The City will be a Responsible Agency.
H. This Agreement outlines the City's specific role in GRIP development and
implementation.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 1
ATTACHMENT A to Resolution
Agreement
City's obligations. City will:
(a) Perform the tasks outlined in the Scope of Work attached as Exhibit B;
(b) Cooperate with County, County staff, and agencies working on the
County's behalf, including RCPA and consultants, in performance of this
Agreement; and
(c) Submit timely invoices to the County and RCPA in the form and manner
required in Article 3.
2. County's Obligations. The County will:
(a) Respond to City requests for information in a timely manner;
(b) Reimburse City as set forth in the attached Exhibit C provided that City
timely submits invoices in the form and manner required in Article 3; and
(c) Review and process claims for payment within thirty days of RCPA
submission of a cost certification statement that meets County approval, provided that payment
under this Agreement does not exceed the amount budgeted in Exhibit C.
3. Payment. For all services and incidental costs required hereunder, City shall be
paid in accordance with the following terms:
(a) City shall be paid on a time and material /expense basis in accordance
with the budget set forth in Exhibit C, provided, however, that City agrees to perform all
budgeted tasks in the Scope of Work for no more than the amount budgeted for those tasks,
regardless of whether it takes City more time to complete or costs more than anticipated.
(b) City shall submit its billing invoice in arrears on a monthly basis on the
template to be provided to the City. Invoices are to be submitted electronically to GRIP Project
Manager, Misty Mersich (mmersich @sctainfo.org) and to County of Sonoma, PRMD
Accountant, Alicia Ceniceroz ( Alicia . Ceniceroz@sonoma - county.org) within 30 days of the end
of each month. Payment will be made 45 days after receipt of invoice.
(c) Retention: As required by the Grant, fifteen percent (15 %) of the
amounts submitted for reimbursement will be withheld by the County and issued as a final
payment 60 days after successful project completion as determined by the County in
consultation with RCPA.
(d) Billing invoices shall show or include: (i) the task(s) performed; (ii) the
time in quarter hours devoted to the task(s); (iii) the hourly rate or rates of the persons
performing the task(s); (iv) the 15% amount to be retained by the County; and (v) copies of
receipts for reimbursable materials /expenses, if any. Expenses not expressly authorized by the
Agreement shall not be reimbursed. Invoices that do not include the above items may be
rejected. The City will be provided detailed invoicing procedure instructions and invoice
templates.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 2
ATTACHMENT A to Resolution
4. Term. The term of this Agreement shall be from March 8, 2013 until March 7,
2016, unless extended by mutual agreement of the parties, or terminated earlier in accordance
with the provisions of Article 8 below.
5. Indemnification. Each party shall indemnify, defend, hold harmless, and release
the other, its officers, agents and employees, from and against any and all claims, loss,
proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees
and witness costs) arising from or in connection with, or caused by any act, omission, or
negligence of such indemnifying party. This indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages or compensation payable to or for the
indemnifying party under worker's compensation acts, disability benefit acts, or other employee
benefit acts.
6. Insurance. The City will provide insurance as specified in Exhibit D. Any
consultant contract for services under the Grant must include the insurance requirements as
specified in Section II of Exhibit D.
7. Method and Place of Giving Notice.
(a) All notices shall be made in writing and may be given by personal delivery
or by mail. Notices sent by mail shall be addressed as follows:
TO THE COUNTY: Director
Sonoma County Permit and Resource Management Department
2550 Ventura Avenue
Santa Rosa, CA 95403
TO THE CITY: Development Services Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
When a notice is given by a generally recognized overnight courier service, the notice,
shall be deemed received on the next business day. When a copy of a notice is sent by
facsimile, the notice or bill shall be deemed received upon transmission as long as (1) the
original copy of the notice is promptly deposited in the U.S. Mail, (2) the sender has a written
confirmation of the fax transaction, and (3) the fax is transmitted before 6 p.m. (recipient's time).
In all other instances, notices shall be effective upon receipt by the recipient. Changes may be
made in the names and addresses of the person to whom notices are to be given by giving
notice pursuant to this paragraph.
8. Termination.
(a) Termination Without Cause. Notwithstanding any other provision of this
Agreement, at any time and without cause, either party shall have the right in its sole discretion
to terminate this Agreement by giving thirty (30) days written notice to the other party.
(b) Termination for Cause. Notwithstanding any other provision of this Agreement,
should either party fail to perform any of its obligations hereunder within the time and in the
manner herein provided, or otherwise violate any of the terms of this Agreement, the other party
may immediately terminate this Agreement by giving written notice of such termination, stating
the reason for such termination.
9. Document Sharing.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 3
ATTACHMENT A to Resolution
(a) The parties will hold all administrative draft and administrative final reports,
studies, materials, and documentation relied upon, produced, created or utilized for the GRIP in
confidence to the extent permitted by law. Where applicable, the provisions of California
Government Code section 6254.5(e) will govern the disclosure of such document in the event
that the parties share said documents with each other.
(b) The parties will not distribute, release, or share said documents with anyone
other than employees, agents, and consultants who require access to complete the GRIP
without the written consent of the party authorized to release them, unless required or
authorized to do so by law.
(c) If any party receives a public records request pertaining to the GRIP, that party
will notify the other party within five (5) working days of receipt and make party aware of any
disclosed public records. The parties will consult with each other prior to the release of any
public documents related to the GRIP and provided by the other party.
(d) The parties, together with the other Participating Agencies, have or will enter into
a separate Participating Agencies Memorandum of Agreement regarding the Greenhouse Gas
Reduction Implementation Program that will supplement or supercede this Section 9.
10. Miscellaneous Provisions
(a) No Waiver of Breach. The waiver by the RCPA or the County of any breach of
any term or promise contained in this Agreement shall not be deemed to be a waiver of such
term or provision or any subsequent breach of the same or any other term of promise contained
in this Agreement.
(b) Construction. To the fullest extent allowed by law, the provisions of this
Agreement shall be construed and given effect in a manner that avoids any violation of statute,
ordinance, regulation, or law. The parties covenant and agree that in the event that any
provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby. The County and the RCPA
Acknowledge that they have each had an adequate opportunity to consult with counsel in the
negotiation and preparation of this Agreement. All parties shall be deemed the author of this
agreement, and the canon of construction that contracts are construed against the drafter shall
not be utilized in construing this agreement.
(c) Consent. Wherever in this Agreement the consent or approval of one party is
required to an act of the other party, such consent or approval shall not be unreasonably
withheld or delayed.
(d) No Third Party Beneficiaries. Nothing contained in this Agreement shall be
construed to create and the parties to not intend to create any rights in third parties.
(e) Merger. This writing is intended both as the final expression of the agreement
between the parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section 1856.
No modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 4
ATTACHMENT A to Resolution
(f) Time is of the Essence. Time is and shall be of the essence of this Agreement
and every provision hereof.
(g) Counterparts. This Agreement may be executed in any number of counterparts
and by different parties in separate counterparts. Each counterpart when so executed shall be
deemed to be an original and all of which together shall constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date
shown below
COUNTY: PERMIT AND RESOURCE MANAGEMENT
DEPARTMENT
APPROVED AS TO FORM BY
COUNTY COUNSEL FOR COUNTY:
IS
Date:
A
Pete Parkinson, Director
Date:
CITY: CITY OF ROHNERT PARK
LICH
Date:
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 5
ATTACHMENT A to Resolution
DOC -6 State of California - The Resources Agency
(NEW 2.20 -01) DEPARTMENT OF CONSERVATION
GRANT AGREEMENT
FGRANTEE: Sonoma County, Permit and Resource Management Dept (PRMD)
PROGRAM: Department of Conservation, Division of Land
Resource Protection, Sustainable Communities Planning
Grant and Incentives Program
GRANT NUMBER: 3012 -683 AM, NO.:
MAXIMUM AMOUNT OF THIS GRANT: $1,000,000.00
The Department and the Grantee hereby agree to the following:
(1) This Grant Agreement speci fies the terms and conditions for funding a project update as awarded by the Strategic Growth
Council, This grant has been awarded as a result of a proposal received in response to the Program's Sustainable Communities
Planning Grant and Incentives Program Request for Proposals, dated November 2, 2011. Project Title: Sonoma County
Greenhouse Gas Reduction and Implementation Program (GRIP)
(2) The grant term shall begin on the date upon which both parties have signed this Grant Agreement and end three years later.
(3) The Terms and Conditions of this Agreement, including the Detailed Budget and Payment Provisions at Exhibit A, Grant
Summary, Work Plan and Schedule of Deliverables at Exhibit 8, Certification of Compliance at Exhibit C are hereby made part
of and incoporated into this Agreeement.
I
(4) The amount of this Grant Agreement shall not exceed $ 1,000,000.
STATE OF CALIFORNIA
Sonoma County, Permit and Resource Management Dept
DEPARTMENT OF CONSERVATION
(PRMD)
GRANTEE
a 4�3
AUTIAORIZED SIGNATURE DATE
AUTHORIZED SIGNATURE DATE
Thesell, Program Manager
Pete Parkinson, PRMD Director
_David
PRINTED NAME AND TITLE
PRINTED NAME AND TITLE
CERTIFICATE OF FUNDING
AMOUNT ENCUMBERED
BY THIS DOCUMENT
PROGRAM /CATEGORY
(CODEANDTITLE)
FUND TITLE
6051 -Prop 84 -The Sale Drinking Water, Water
$1,000,000,00
SGC- SCPGIP
Lluali(y and Supply Flood Control, River and
Coastal Protection Bond Act or 2006
INDEX NUNBER
PCA NUMBER
PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT
3260
FY 11/12 36258 - $500,000
FY 13114 tbd - $500,000
$0.00
Item
CHAPTER
STATUTE
FISCALYEAR
3480. 101 - 6;151- 004:$500,000
33
2011
2012 -13
3480.101 -6051 -004: $500,000
tbd
2013
20 1 3- 1 4
TOTAL. AMOUNT ENCUMBERED TO DATE
$1,000,000.00
OBJECT OF EXPENDITURE (CODE AND TITLE)
702.21
1 HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THE PERIOD AND PURPOSE OFTHE EXPENDITURE
STATED ABOVE.
TAX No.
o'
SIGNATURE OF ACCOUNTING OFFICER DATE
❑ GRANTEE ❑ DEPARTMENT OF CONSERVATION ❑ CONTROLLER Grant Agreement Cover Sheet
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
GRANT AGREEMENT
This grant agreement (Grant Agreement) is entered into by and between the California Department of
Conservation, Division of Land Resource Protection, (DEPARTMENT), the administrative agent for the
Strategic Growth Council (COUNCIL), and Sonoma County, acting through its Permit and Resource
Management Department (PRMD) (GRANTEE) (collectively PARTIES).
RECITALS
WHEREAS, Public Resources Code sections 75127, 75128, 75129 authorize the DEPARTMENT to
develop and the COUNCIL to approve a program and associated guidelines for funding the creation of
sustainable community plans, which encompasses planning programs and projects described in the
Sustainable Communities Planning Grant Program Guidelines.
WHEREAS, The Sustainable Communities Planning Grant Program subsequently approved by the
Council and developed by the DEPARTMENT is funded by Proposition 84, the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. Proposition
84 added Division 43 to the Public Resources Code, Chapter 9, Sustainable Communities and Climate
Change Reduction, Public Resources code section 75065(a), which authorizes the Legislature to
appropriate $90 million for planning grants and planning incentives that reduce energy consumption,
conserve water, improve air and water quality, and provide other community benefits.
WHEREAS, the DEPARTMENT has received and reviewed GRANTEE'S application, which included a
detailed budget, specifications, and work plan in conformance with existing Sustainable Community
Planning Grant Guidelines dated November 2011, and approved by the COUNCIL for purposes of
implementing Round 2 of a funding program assigned to the DEPARTMENT on March 17, 2010.
WHEREAS, the COUNCIL has reviewed all relevant documents, including those required documents
necessary to comply with all existing laws and regulations and has approved the funding subject to this
Grant Agreement.
WHEREAS, the DEPARTMENT and the GRANTEE now desire to enter into this Agreement for
$1,000,000 to be expended on the creation of the sustainable community plan described in this Grant
Agreement and the exhibits which are incorporated in and attached to it.
NOW THEREFORE, the PARTIES agree as follows:
DEFINITIONS
1. The term "Act" means Proposition 84, the California Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006.
2. The term "Application" means the individual application form, its required attachments for grants
pursuant to the enabling legislation and /or program and any applicable materials supplied by applicant to
the DEPARTMENT prior to award.
Page 1 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
3. The term "Application Guidelines" means the Sustainable Planning Grant Program Guidelines
Developed by the DEPARTMENT and approved by the COUNCIL on November 2, 2011.
4. The term "Grant" or "Grant Funds" means the money provided by the COUNCIL to the
GRANTEE in this Grant Agreement.
5. The term "Project" means the sustainable community plan to be developed by GRANTEE and
described in the Application and exhibits incorporated in and attached to this Grant Agreement.
6. The term "Project Budget" means the State approved cost estimate included as Exhibit A to this
Agreement.
7. The term "Work Plan" means the description or activity of work to be accomplished by the
GRANTEE as further described in Exhibit B.
8. The teen "Public Agency" means any State of California department or agency, a county, city,
public district or public agency formed under California law.
GENERAL TERMS
1. The purpose of this Grant Agreement is to fund work outlined in the GRANTEE'S submitted
Budget and Work Plan, included in, and attached to this Agreement as Exhibits A and B.
2. This Grant Agreement becomes effective when executed by both PARTIES. GRANTEE shall
not commence performance until the Agreement is signed and fully executed by the DEPARTMENT on
behalf of the COUNCIL.
3. The date the Grant Agreement is fully executed by the DEPARTMENT on behalf of the
COUNCIL constitutes the Grant Start Date. The term of this Agreement shall begin at the time of such
execution and end three (3) years after the Grant Start Date, which constitutes the Grant End Date.
4. The signatories certify that they are authorized to act on behalf of the PARTIES in approving and
executing this Grant Agreement. The signatory for the GRANTEE further certifies that, to the extent
necessary, the Board of Directors or Board of Supervisors for the GRANTEE has endorsed GRANTEE'S
receipt of grant funds pursuant to this Grant Agreement and performance of activities and expenditure of
funds in a manner consistent with the Detailed Budget and Payment Provisions, Work Plan and Schedule
of Deliverables, the General Terms and Conditions, Special Terms and Conditions and Certificates of
Compliance, which are attached to this Grant Agreement as Exhibits A -C.
5. The PARTIES agree that the DEPARTMENT shall act as grant manager and administer this
Grant Agreement on behalf of the COUNCIL.
6. The DEPARTMENT will, on behalf of the COUNCIL, monitor grant progress and review and
approve invoices and other documents delivered to the DEPARTMENT in accordance with the project
cost terms in this Grant Agreement.
Page 2 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
7. All official communication from the GRANTEE to the DEPARTMENT shall be directed to:
Department of Conservation, Division of Land Resource Protection, 801 K Street, MS 18 -01,
Sacramento, CA 95814 or at: SGCSustainablecommunities @conservation.ca.aov.
PROJECT EXECUTION AND SCOPE
1. Subject to the availability of funds in the Act, the DEPARTMENT hereby grants to the GRANTEE
a sum of money (Grant Funds) not to exceed $1,000,000 in consideration of and on condition that the sum
be expended in carrying out the purposes as set forth in the description of Project in this Grant Agreement
and its attachments and under the terms and conditions set forth in this Grant Agreement.
2. GRANTEE shall furnish any and all additional funds that may be necessary to complete the Project.
3. GRANTEE shall complete the Project in accordance with the Grant End Date, unless an
extension has been formally granted by the DEPARTMENT and under the terms and conditions of this
Grant Agreement. Extensions may be requested in advance and will be considered by DEPARTMENT,
at its sole discretion, in the event of circumstances beyond the control of the GRANTEE, but in no event
more than thirty-six (36) months beyond the agreement execution (start) date.
4. GRANTEE shall at all times ensure that Project complies with all state and local laws, including,
and to the extent applicable the California Environmental Quality Ad.
5. GRANTEE shall provide quarterly status reports and component deliverables in accordance with
the approved Work Plan as provided in Exhibit B.
6. The terms and conditions of this Grant Agreement, its attachments and exhibits constitute and
contain the entire Grant Agreement and understanding between the PARTIES, and may not be
contradicted by evidence of any prior or contemporaneous oral agreement.
MODIFICATIONS AND AMENDMENTS
1. No amendment or variation of the terms of this Grant Agreement shall be valid unless made in
writing, agreed to and signed by both PARTIES.
2. Any request by the GRANTEE for amendments must be in writing stating the amendment request
and reason for the request. The GRANTEE shall make requests in a timely manner and in no event less
than sixty (60) days before the effective date of the proposed amendment.
3. Changes to budget line item revisions of less than $1,000, minor task modifications, and staff
adjustments do not require amendment of the Agreement. However, the GRANTEE shall obtain prior
written approval from the Grant Manager before making such changes. All change requests shall be
made in writing and include a description of the proposed change and the reasons for the change.
4. GRANTEE agrees to submit in writing to the DEPARTMENT for prior approval any deviation
from the original Work Plan per Exhibit B. Changes in Work Plan must continue to meet the need cited
in the original Application or they will not be approved. Any modification or alteration in the Project as
Page 3 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council— 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
set forth in the Application on file with the DEPARTMENT must be submitted to the DEPARTMENT
for approval. Any modification or alteration in the Project must also comply with all current laws and
regulations.
PROJECT COSTS AND ADMINISTRATION
1. The GRANTEE shall expend Grant Funds in the manner described in the Exhibit A as approved
by the DEPARTMENT. The total dollars of a category in the Project Budget may be increased by up to
ten percent (10 %) through a reallocation of funds from another category, without approval by the
DEPARTMENT. However, the GRANTEE shall notify the DEPARTMENT in writing when any such
reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any
cumulative increase or decrease of more than ten percent (10 %) from the original budget in the amount of
a category must be approved in writing by the DEPARTMENT. In any event, the total amount of the
Grant Funds may not be increased, nor may any adjustments exceed the limits for preliminary costs as
described in the Application Guidelines.
2. Only direct costs are reimbursable under this contract. Indirect costs, including salaries and
benefits of employees not directly assigned to the Project, and organizational functions, such as
personnel, business services, information technology, salaries of supervisors or managers (not directly
assigned to the Project), and overhead, such as rent, and utilities, shall not be reimbursable.
3. All costs charged against the grant shall be net of all applicable credits. The term "applicable
credits" refers to those recciptsior reductions of expenditures that operate to offset or reduce expense items
that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited
to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. GRANTEE shall,
where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or
shall deduct the amount of the credit from the total billed under a future invoice.
4. GRANTEE shall make available all products and deliverable work - products acquired or
developed pursuant to this Grant Agreement available for inspection upon request by the
DEPARTMENT.
5. GRANTEE shall use any income earned by the GRANTEE from use of the Project to further
Project purposes, or, if approved by the DEPARTMENT, for related purposes within the jurisdiction.
6. GRANTEE shall report to the DEPARTMENT all sources of other funds for the Project.
FINANCIAL RECORDS
1. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project
and to make them available to the DEPARTMENT for auditing at reasonable times. GRANTEE shall
also retain such financial accounts, documents, and records for three (3) years after final payment and one
(1) year following an audit.
2. GRANTEE agrees that during regular office hours, the DEPARTMENT and its duly authorized
representatives shall have the right to inspect and make copies of any books, records, or reports of the
other party pertaining to this Grant Agreement or matters related thereto. GRANTEE shall maintain and
make available for inspection by the DEPARTMENT accurate records of all of its costs, disbursements,
and receipts with respect to its activities under this Grant Agreement.
Page 4 of 15
ATTACHMENT A to Resolution
California Department of Conservation - Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
3. GRANTEE shall use applicable Generally Accepted Accounting Principles (GAAP), unless
otherwise agreed to by the State.
4. GRANTEE shall maintain adequate supporting documentation in such detail so as to provide an
audit trail of receipts, expenditures, and disbursements. GRANTEE'S records will permit tracing
transactions from support documentation to the accounting records to financial reports and billings. Such
documentation shall include, but shall not necessarily be limited to, subsidiary ledgers, payroll records,
vendor invoices, canceled checks, bank or other financial account records, consultant contracts and billings,
volunteer rosters and work logs, and lease or rental agreements. Such documentation shall be readily
available for inspection, review, and /or audit by the Grant Manager or other representatives of the State.
5. Subcontractor(s) employed by the GRANTEE and paid with moneys under the terms of this
Grant Agreement, shall be responsible for maintaining accounting records as is required of GRANTEES.
PROJECT RECORDS
1. GRANTEE shall establish an official file for the Project. The file shall contain documentation of
all actions taken regarding this grant.
2. GRANTEE shall establish separate ledger accounts for receipt and expenditure of grant funds and
maintain expenditure detail in accordance with the approved budget detail and the Financial Records
section of this Grant Agreement.
3. The official file shall contain all financial records required of GRANTEES by this Grant
Agreement and be available for audit and review by the DEPARTMENT according to the same
requirements for financial records.
REQUIRED REPORTS
1. The GRANTEE shall submit to the Grant Manager Quarterly Status Reports, Annual Status
Reports, and a Final Report. The DEPARTMENT shall provide report forms. The GRANTEE shall
complete the Report Forms in their entirety.
1.1. The Quarterly Status Reports shall conform to the template provided, and shall justify the
invoice items and charges.
1.2. The Annual Status Reports shall include the following for the Focus Area specified:
Focus Area 1- Cities and Counties
The GRANTEE shall include discussion of the following:
(a) How and the extent the grant project has achieved the goals and sustarnabrhty objectives outlined in the
regional planning documents (e.g., Sustainable Community Strategies) applicable to their local jurisdiction.
Highlight the specific measures in the grant - funded project that reflect the regional plan objectives.
(b) The progress to date on the goals measured by the indicators outlined in the grant application.
The indicators can include process goals, such as numbers of meetings or the extent of outreach
efforts, as well as specific metrics such as reduced VMT or additional miles of bike lanes. For any
indicators that cannot be measured at the time the annual report is due, the report should include a
statement as to why a particular indicator is not yet measurable, and a schedule indicating the time at
which the indicator will be measurable, including benchmarks which will be completed by that time.
Page 5 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
(c) What are the issues /barriers that may have arisen to make it difficult to implement the regional
sustainability goals at the local level? Indicate a plan to overcome those barriers.
Focus Area 2 — Metropolitan Planning Organizations (MPO's)
The GRANTEE shall include discussion of the following:
(a) What local plans within their region reflect the goals and sustainability objectives outlined in the
regional planning documents Sustainable Communities Strategy (SCS) developed by the MPO?
(b) What local plans do not yet reflect the MPO's regional planning (e.g.: SCS) objectives?
(c) What are the issues /barriers that may have arisen to make it difficult to implement the
sustainability goals at the local level? Indicate a plan to overcome those barriers.
(d) Discuss the progress to date on the goals measured by the indicators outlined in the grant
application. The indicators can include process goals, such as numbers of meetings or the extent of
outreach efforts, as well as specific metrics such as reduced VNIT or additional miles of bike lanes.
Any indicators that cannot be measured at the time the annual report is due (because the project has
not matured to the point that the indicator is meaningful). The report should include a statement as to
why a particular indicator is not yet measurable, and indicate a plan to overcome those barriers.
Focus Area 3 — Regional Collaboratives
The GRANTEE shall include discussion of the following:
(a) What local plans within their region reflect the goals and sustainability objectives outlined in the
applicable regional planning documents?
(b) What local plans do not yet reflect the regional planning objectives?
(c) What are the issues /barriers that may have arisen to make it difficult to implement the
sustainability goals at the local level? Indicate a plan to overcome those issues /barriers.
(d) The progress to date on the goals measured by the indicators outlined in the grant application.
The indicators can include process goals, such as numbers of meetings or the extent of outreach
efforts, as well as specific metrics such as reduced VMT or additional miles of bike lanes. Any
indicators that cannot be measured at the time the annual report is due (because the project has not
matured to the point that the indicator is meaningful), should include a statement as to why a
particular indicator is not yet measurable.
1.3. The Final Report shall conform to the guidelines as described in the template provided.
All Grant Recipients:
(a) Grant recipients from all three Focus Areas shall be capable of presenting an overview of their
project to the COUNCIL at the conclusion of the Grant Agreement. The overview shall include
discussion of successes, barriers, and lessons learned from both the grant process and the grant -
funded project.
Page 6 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
(b) Failure to comply with the reporting requirements specified in this Grant Agreement shall
constitute a breach of this Grant Agreement and may result in the DEPARTMENT taking action
necessary to enforce the Grant Agreement, or require a refund of grant fluids.
DOCUMENTATION OF TIME SPENT
1. GRANTEE shall maintain reports or other detailed records (e.g., activity logs or timesheets)
documenting time spent by each employee, agent, or contractor whose work in support of this
Grant Agreement is billed under the Agreement. Records used to meet this requirement shall identify the
individual performing the work, the date on which the work was performed, the specific grant- related
activities or tasks and deliverables to which the individual's time was devoted, and the amount of time
spent. Such records shall reflect actual time spent, rather than that which was planned or budgeted.
2. Submitted timesheets must contain the signature of both the person(s) being paid, and their direct
supervisor.
COPIES OF DATA, PLANS, AND SPECIFICATIONS
1. The GRANTEE shall, at the request of the DEPARTMENT provide the DEPARTMENT with
copies of any data, design plans, specifications, maps, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations and memoranda of every description
or any part thereof, prepared or used in the preparation of the Project funded by this Grant Agreement.
2. All departments within the State of California shall have the right to copy and distribute said
copies in any manner when and where it may determine without any claim on the part of the GRANTEE,
its vendors or subcontractors to any additional compensation.
COMPETITIVE BID REQUIREMENTS
1. GRANTEE shall maintain documentation of its normal procurement policy and competitive bid
process used. This competitive bid requirement may be waived upon GRANTEE certification and
grantor approval that due to the unique nature of the goods or services a sole source purchase is justified.
Failure to comply with competitive bid requirements may result in the DEPARTMENT disallowing
reimbursement of some portion or all of the related costs and /or other remedies for breach of contract.
INVOICING
1. Invoices shall be submitted on a quarterly basis. An invoice form will be provided to the
GRANTEE, which must be completed in its entirety to submit any and all invoices.
Page 7 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council —.2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
2. All invoices must be submitted in triplicate, with an original and two additional copies, listing the
grant and invoice numbers. The copies may be double- sided. The original invoice must have an original
authorized signature.
3. In accordance with the Grant Guidelines, fifteen percent (15 %) of the amounts submitted for
reimbursement will be withheld and issued as a final payment upon agreement completion, at the sole
discretion of the State. All expenditures must be itemized on the invoice form. This should include
reimbursable costs.
4. For each expenditure of $500 or more, copies of supporting documentation (timesheets, payroll
stubs, bids, receipts, canceled checks, sole source justification, etc.) must be submitted with the invoice.
Original supporting documents are not required to be submitted, but must be retained by the GRANTEE
for record keeping and audit purposes.
5. Invoices are to be sequentially numbered starting from one (1) and must tie to budget line items in
the approved Budget at Exhibit A. Invoices must be signed by the person who signed the Agreement or
his /her authorized designee. Designees must be authorized in writing and filed with the DEPARTMENT.
6. Individuals funded by this grant cannot sign invoices. If there is a question as to the authority of
the signer, which cannot be resolved to the satisfaction of the DEPARTMENT, the invoice will not be paid.
7. Each invoice is subject to approval by the Grant Manager and DEPARTMENT Management, and
possible audit by the Accounting Office and the State Controller before payment may be disbursed. If an
invoice is questioned by the DEPARTMENT, the Grant Manager shall contact the GRANTEE within thirty (30)
working days of receipt of the invoice. Undisputed invoices take approximately six (6) weeks for payment.
8. Mail an original signed invoice, with all support documentation and two (2) copies of everything,
to the following address:
Department of Conservation
Division of Land Resource Protection
Attn: SCPGIP Grant Administrator
801 K Street, MS 18 -01
Sacramento, CA 95814
PAYMENT
1. Except as otherwise provided herein, payments shall be made to GRANTEE no more than once
every sixty (60) calendar days in arrears for actual costs authorized in the Budget at Exhibit A of this
Grant Agreement and incurred during the grant term. Payment will be made upon evidence of
satisfactory progress, as Aeterimined by the Grant Manager. Such evidence shall consist of written
quarterly progress reports, phased and incremental work- product production, and other documentation
evidencing quarterly performance, as provided for in this Grant Agreement.
2. Final payment will be made only after completion, to the DEPARTMENT'S satisfaction, of
objectives, work, and activities identified in Exhibit B, including timely receipt of all required reports
including the Final Report, and in accordance with the Invoicing and Discharge provisions of this Grant
Agreement. The DEPARTMENT will not reimburse costs incurred after the Grant End Date.
Page 8of15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PIVAD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
3. ^ Only those items identified in the Budget are eligible for reimbursement. Any changes to the
Budget must be approved by the Grant Manager before an expenditure for that item is made. Under no
circumstances shall the GRANTEE seek reimbursement pursuant to this Agreement for a cost that has
been or will be paid through another funding source.
TRAVEL
1. Reimbursement of travel is not permitted unless expressly provided in the approved Budget at
Exhibit A. Travel by private or GRANTEE -owned automobile, necessary for the performance of this
Grant Agreement, shall be reimbursed at no more than .51 cents per mile. GRANTEE shall maintain
detailed travel records showing the date and purpose of grant - related travel, destination and, in the case of
travel by automobile, vehicle license number and number of miles driven.
2. GRANTEE and any person travelling pursuant to this Grant Agreement shall indemnify and hold
harmless the DEPARTMENT and State of California for any liabilities resulting from such travel.
DISCHARGE OF GRANT OBLIGATIONS
1. The GRANTEE'S obligations under this Agreement shall be deemed discharged only upon
acceptance of the Final Report by the DEPARTMENT. The final report will attach and incorporate all
work - product generated by the Grant Funds including the Final Sustainable Community Plan produced by
the GRANTEE. The GRANTEE'S Board of Directors or Board of Supervisors shall adopt and certify as
accurate the Final Plan Report prior to its submission to the DEPARTMENT.
2. GRANTEE shall submit all documentation for Project completion and final reimbursement within
ninety (90) days of Project completion, but in any event no later than thirty -six (36) months after agreement
execution start date.
3. Final payment is contingent upon DEPARTMENT'S verification that the Project is consistent
with Work Plan as described in Exhibit B, together with any DEPARTMENT approved amendments.
TERMINATION
I . If the DEPARTMENT or the COUNCIL terminates the Grant Agreement without cause prior to
the end of the Project Performance Period, the GRANTEE shall take all reasonable measures to prevent
further costs to the DEPARTMENT under this Grant Agreement. The DEPARTMENT shall be
responsible for any reasonable and non - cancelable obligations incurred by the GRANTEE in the
performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed
balance of funding authorized in this Agreement.
2. Unon anv termination. GRANTEE shall deliver all records and reports and other deliverables
required by this Grant Agreement up to the time of termination.
3. If the GRANTEE fails to complete the Project in accordance with this Grant Agreement, or fails
to fulfill any other obligations of this Agreement prior to the termination date, the GRANTEE shall be
liable for immediate repayment to the DEPARTMENT of all amounts disbursed by the DEPARTMENT
under this Grant Agreement, plus accrued interest and any further costs related to the Project. The
DEPARTMENT may, at its sole discretion, examine the extent of GRANTEE compliance and not require
repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies
available to the State for breach of this Grant Agreement.
Page 9 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
3. Failure by the GRANTEE to comply with the terms of this Agreement or any other related
obligation may be cause for termination of all obligations of the DEPARTMENT hereunder.
4. Failure.of the GRANTEE to comply with the terms of this Grant Agreement may not be cause for
suspending all obligations of the DEPARTMENT if, in the judgment of the DEPARTMENT, such failure
was due to no fault of the GRANTEE. At the discretion of the DEPARTMENT, any amount required to
settle at minimum cost any irrevocable obligations properly incurred, shall be eligible for reimbursement
under this Grant Agreement as pursuant to paragraph 2 above.
5. Either PARTY shall have the right to terminate this Grant Agreement at any time upon thirty (30)
days written notice to the other. In the case of such "early" or "discretionary" termination by GRANTEE,
defined as termination occurring before full performance of all objectives and activities and authorized for
funding herein, the DEPARTMENT will be entitled to seek full reimbursement for all costs and payments
made on the Grant Agreement.
6. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years
covered under this Grant Agreement does not appropriate sufficient funds for the DEPARTMENT'S
Program, as determined at the discretion of the DEPARTMENT, this Grant Agreement shall be
terminated. In this event, the DEPARTMENT shall have no liability to pay any funds whatsoever to
GRANTEE or to furnish any other consideration under this Agreement to GRANTEE beyond the date of
written notice of termination under this provision to the GRANTEE.
7. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of funding this
grant program, the DEPARTMENT shall have the option to either: cancel this Grant Agreement with no
liability occurring to the COUNCIL or the DEPARTMENT, or offer an Agreement Amendment to
GRANTEE to reflect a reduced amount.
8. Further, if the COUNCIL or the DEPARTMENT is unable to secure adequate funds through
municipal bond sales or not able to secure the authorization to utilize such funds by the appropriate
agencies, this Grant Agreement shall be terminated.
STOP WORK
1. Immediately upon receiving a written notice from the COUNCIL or the DEPARTMENT to stop
work, the GRANTEE shall cease all work under this Grant Agreement,
PERFORMANCE OF SUBCONTRACTORS:
1. The GRANTEE shall be entitled to make use of its own staff and such subcontractor(s) as are
mutually acceptable to the GRANTEE and the DEPARTMENT. All subcontractor(s), and any
subsequent grant documents, are considered to be acceptable to the DEPARTMENT. Any change in
subcontractor(s) or change as to how the GRANTEE intends to use the services of a subcontractor may
require a formal amendment of this Grant Agreement. All approved subcontractors shall be managed by
GRANTEE subject to the terms and conditions of this Agreement. GRANTEE will indemnify and hold
harmless any liability to or resulting from action by subcontractor. Neither the DEPARTMENT nor the
State is liable or in any way responsible for, nor will it indemnify, subcontractors.
Page 10 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
2. Nothing contained in this Grant Agreement shall create any contractual relation between the
DEPARTMENT and any subcontractors and no subcontract shall relieve GRANTEE of its
responsibilities and obligations under the terms of this Grant Agreement. GRANTEE agrees to be fully
responsible to the DEPARTMENT for the acts and omissions of its staff, subcontractors and of persons
either directly or indirectly employed by them. GRANTEE'S obligation to pay its subcontractors is an
independent obligation from the DEPARTMENT'S obligation to make payments to GRANTEE.
3. GRANTEE shall manage and hereby accepts responsibility for the performance of all
subcontracts arising out of or in connection with this Agreement. GRANTEE shall monitor
subcontractor's performance of the terms and conditions set forth herein by providing sufficient staffing
resources for the length of the project. Subcontractor communications with the DEPARTMENT shall be
coordinated through the GRANTEE'S principal staff. GRANTEE and its subcontractors shall conduct all
work consistent with professional standards for the industry and type of work being performed under the
Agreement. The Grant Manager, without waiver of other rights or remedies, may require GRANTEE to
re- perform any of said services not performed in accordance with these standards. Costs and expenses for
defective services, for failure to meet the terms and conditions of the Agreement or for any redundancy
that occurs due to inadequate subcontractor services shall be borne by GRANTEE.
DISPUTE RESOLUTION
1. In the event of a dispute, the GRANTEE shall provide written notice of the particulars of such.
dispute to: Assistant Director, Division of Land Resource Protection, Department of Conservation,
801 K Street, MS 18 -01, Sacramento, CA 95814. Such written notice must contain the grant number.
Within fifteen (15) days of receipt of such notice, the Assistant Director or the Assistant Director's designee
shall advise the GRANTEE of his or her findings and a recommended means of resolving the dispute.
PUBLICITY AND ACKNOWLEDGMENT
1. The GRANTEE agrees that it will acknowledge the COUNCIL'S support whenever activities or
projects funded, in whole or in part, by this Grant Agreement are publicized in any news media,
brochures, articles, seminars, websites, or other type of promotional material. The GRANTEE shall also
include in any publication resulting from work performed under this grant an acknowledgment
substantially as follows:
"The work upon which this publication is based was funded in whole or in part through a grant awarded
by the Strategic Growth Council. "
2. The GRANTEE shall place the following notice, preceding the text, on draft reports, on the final
report, and on any other report or publication resulting from work performed under this Agreement:
"Disclaimer
The statements and conclusions of this report are those of the Grantee and /or Subcontractor and not
necessarily those of the Strategic Growth Council or of the Department of Conservation, or its employees.
The Strategic Growth Council and the Department of'Conservation make no warranties, express or
implied, and assume no liability for the information contained in the succeeding text. "
3. Before any materials or other publications funded in whole or in part pursuant to this Grant
Agreement are published, GRANTEE shall provide the DEPARTMENT with an opportunity to review
Page 11 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
and approve or disapprove any and all references to the COUNCIL or the DEPARTMENT or the
programs and laws that it administers in such materials and publications.
CONFLICT OF INTEREST
1. GRANTEE shall act in accordance with the fiduciary duty attached to the receipt and
expenditure of grant moneys intended to benefit the public. Consistent with that fiduciary duty and the
public trust from which it flows, GRANTEE shall ensure the proper expenditure of all grant moneys for
which reimbursement is sought pursuant to this Grant Agreement.
2. All expenditures for which reimbursement pursuant to this Grant Agreement is sought shall be the
result of arm's length transactions and not the result of, or motivated by, self - dealing on the part of the
GRANTEE or any employee or agent of the GRANTEE. For purposes of this provision, "arm's length
transactions" are those in which both PARTIES are on equal footing and fair market forces are at play,
such as when multiple vendors are invited to compete for an entity's business and the entity chooses the
lowest of the resulting bids. "Self - dealing" is involved where an individual or entity is obligated to act as
a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the
individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for
which all grant moneys are to be expended. Nothing in this agreement absolves the GRANTEE from
complying with California Govt. Code section 1090 or any other law.
INDEMNITY AND HOLD HARMLESS
1. GRANTEE waives all claims and recourses against the DEPARTMENT, including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this Agreement, except claims arising from the gross negligence of
DEPARTMENT, its officers, agents, and employees.
2. GRANTEE shall indemnify, hold harmless and defend DEPARTMENT, its officers, agents and
employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the Project, demands or causes of action arise under Government Code or otherwise,
including but not limited: to items to which the GRANTEE has certified or approved, except for liability
arising out of the gross negligence of State, its officers, agents or employees. GRANTEE acknowledges
that it is solely responsible for compliance with items to which it has certified.
NONDISCRIMINATION
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color,
ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and
AIDS), mental disability, medical condition, age (over 40), marital status, and denial of family care leave
in the use of any property or facility acquired or developed pursuant to this Agreement.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the
extent that reasonable differences in admission or other fees may be maintained on the basis of residence
and pursuant to law.
All records are public records unless made confidential by operation of State or Federal law.
Page 12 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council— 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
INCORPORATION
1. The Grant Guidelines and the Application and any subsequent changes or additions to the
Application approved in writing by the DEPARTMENT are hereby incorporated by reference into this
Grant Agreement as though set forth in full in this Grant Agreement.
2. Exhibits A -C are attached to this Grant Agreement and incorporated by reference into it as though
set forth in full.
SEVERABILITY
1. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall
not affect other provisions or applications of this Agreement which can be given effect without the invalid
provision or application, and to this end, the provisions of this Agreement are severable.
WAVER
1. No term or provision hereof will be considered waived by either party, and no breach excused by
either party, unless such waiver or consent is in writing and signed on behalf of the party against whom
the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether
expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent
breach by either party.
ASSIGNMENT
1. The GRANTEE may assign its interest in and responsibilities under this Grant Agreement either
in whole or in part only with the written consent of the DEPARTMENT.
AUDIT REQUIREMENTS
1. 'Sustainable Community Planning Grant Projects are subject to audit by the DEPARTMENT.
This provision does not limit the authority of any State agency to audit the GRANTEE pursuant to that
Agency's authority annually and for three (3) years following the final payment of Grant Funds. The
audit shall include all books, papers, accounts, documents, or other records of the GRANTEE, as they
relate to the Project for which the Grant Funds were granted.
2. The GRANTEE agrees that the DEPARTMENT and its representatives, including, but not limited
to, the DEPARTMENT, the State Controller's Office, and the State Auditor, shall have an absolute right of
access to, and right to review and copy, all , of the GRATITEE'S records pertain, ng to this Grant Agreement
and to conduct reviews and /or audits related to this giant. GRANTEE shall, for the purpose of any such
review or audit, retain and provide access to all records related to this grant including, but not necessarily
limited to, those records specified above. GRANTEE shall also provide access to and allow interview of
any employees who might reasonably have information related to such records. Such access to employees
and records shall be provided during normal business hours throughout the grant term and for at least three
years after the final payment is disbursed pursuant to this Grant Agreement, or until completion of any
action and resolution of all issues which may arise as a result of any audit or review of such records,
whichever is later. GRANTEE shall ensure that such access shall extend to all subcontractors.
Page 13 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grants
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
GOVERNING LAW/LOCUS
1. This Agreement is governed by, and shall be interpreted in accordance with the laws of the State
of California. For the purpose of any litigation related to and /or challenging any aspect of this Grant
Agreement or performance there under, the locus is Sacramento, California.
INSURANCE COVERAGE
1. The GRANTEE shall obtain and keep in force for the term of this Agreement, and require its
subcontractors to obtain and keep in force, the following insurance policies that cover any acts or
omissions of the GRANTEE, or its employees engaged in the provision of services or performance of
activities funded pursuant to and specified in this Agreement:
a. Worker's Compensation Insurance in accordance with the statutory requirement of the
State of California.
b. Commercial general liability insurance in the amount of $1,000,000 per occurrence and aggregate
for bodily injury and property damage.
c. Automobile liability in the amount of $1,000,000 for each accident for owned, non - owned, or
hired vehicles, whichever is applicable.
2. The GRANTEE shall name the State of California, its officers, agents, employees, and servants as
additional insured PARTIES for all insurance required and is responsible for guaranteeing that a copy of
each Certificate of Insurance is submitted to the DEPARTMENT within thirty (30) days of grant signature.
3. The certificate of insurance shall state a limit of liability of not less than $1,000,000 per
occurrence for bodily injury and property damage combined.
4. The GRANTEE shall notify the DEPARTMENT prior to any insurance policy cancellation or
substantial change of policy.
GRANTEE NOT AN AGENT OF THE STATE
1. GRANTEE agrees that it, and its agents, and employees and subcontractors shall act in an
independent capacity and are not as officers, employees, or agents of the State of California, the COUNCIL,
or the DEPARTMENT.
TIMELINESS
1. Time is of the essence in the performance of this Agreement. GRANTEE is required to begin
implementation of this Agreement as soon as possible following its execution and shall abide by the
Work Plan, and Schedule of Deliverables at Exhibit B. GRANTEE shall not incur costs pursuant to this
Agreement past the Grant End Date.
CERTIFICATION CLAUSES
1. The GRANTEE hereby certifies its compliance with all applicable requirements contained in the
GRANTEE Certification of Compliance at Exhibit C of this Agreement.
Page 14 of 15
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
Strategic Growth Council — 2011 Sustainable Communities Planning Grunts
Sonoma County, Permit and Resource Management Dept (PRMD)
Grant Number: 3012 -583
Fiscal Year Allocation: 2011 -2012
BREACH OF CONDITIONS/REMEDY FOR DEFAULT
1. In the event of GRANTEE'S breach of any conditions or terms of this Grant Agreement, the
DEPARTMENT will give written notice to the GRANTEE, describing the breach. Notice shall be
deemed given when deposited in the U.S. Post office, postage prepaid, addressed to GRANTEE, or by
personal delivery to GRANTEE'S place of business. If GRANTEE does not, within thirty (30) days after
the notice is given, (1) cure the breach described in the DEPARTMENT'S notice or (2) if the breach is
not curable within thirty (30) days, commence to cure the breach, then GRANTEE shall be in default
under this Agreement.
2. In the event of a default under this Grant Agreement, the COUNCIL and the DEPARTMENT
shall be entitled to all remedies available at law including, but not limited to, termination of the Grant
Agreement, withholding of amounts billed and /or recovery of funds disbursed and equipment purchased
pursuant to the Grant Agreement. GRANTEE may appeal such action by filing a dispute pursuant to the
Dispute Resolution portion of this Agreement.
ATTACHED EXHIBITS
A: Detailed Budget and Payment Provisions
B: Work Plan and Schedule of Deliverables
C: Certification of Compliance
Page 15 of 15
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ATTACHMENT A to Resolution
Strategic Growth Council /Department of Conservation —
Sustainable Communities Planning Grant Award
Detailed Work Plan by Task
Grantee: County of Sonoma, Permit Resource Management Department
Grant Number: 3012 -583
Jurisdiction: County of Sonoma, City of Santa Rosa, Cotati, Petaluma, Rohnert Park, Sebastopol,
Sonoma, Windsor, Healdsburg, Cloverdale
Project Title: Sonoma County Greenhouse Gas Implementation Program (GRIP)
The following sections detail goals, outcomes, and subtasks of the activity milestones listed in the Work Plan and
Budget. The work plan is designed and intended to meet the requirements of CEQA Section 15183.5 to address the
cumulative impacts of GHG emissions, and the BAAQMD CEQA Guidelines pertaining to a GHG Emissions
Reduction Strategy; and also to provide for a process to allow local policy and program consistency as ABAG
develops the;Sustainable Communities Strategy for the Bay Area (SB375). The GRIP process will be directed by the
County of Sonoma Permit Resource and Management Department (PRMD) as Grant Administrator and the
Regional Climate Protection Authority (RCPA) as Project Manager. Other sub - grantees include Planning Staff from
each jurisdiction, the Sonoma County Transportation Authority (SCTA), the Climate Protection Campaign (CPC),
Sonoma State University Center for Sustainable Communities (SSU), North Bay Climate Adaptation Initiative
(NBCAI).
Proposed Committees include:
Process Oversight Committee (POC) - The Process Oversight Committee will meet on a regular basis to tack the
projects adherence to timeline /milestones. The purpose of the POC is to identify critical paths, make minor changes
to the timeline /milestones and provide a forum for early resolution of issues that might result in cost overruns.
Sub- Recipient Committee (SRC) - The Sub - Recipient Committee consists of all the sub - grantees for the Prop 84
grant funding: This group will meet at the beginning of the grant, for a "kick off' meeting and periodically over the 2
year grant period as needed to coordinate or review work products and the program. The City /County jurisdictions
will feedback on drafts, collect data, and ensure that the GRIP can be implemented in their jurisdiction. Also, to
minimize staff time- the existing Planning Directors Meetings (held by the SCTA/RCPA every month) will be the
main venue to inform the City /County Planning Directors, where they will receive updates and key information on the
GRIP process.
Stakeholder Advises Committee (SAC) - The Stakeholder Advisory Committee with help guide the Stakeholder and
Outreach process to ensure community input and access to the GRIP process. This outreach process can be done
through; public meetings, interviews, focus Groups, and or workshops.
During the GRIP development process it might be determined that other committees are needed, but this would not
affect the budget or scope of work.
ATTACHMENT A to Resolution
1.2H Finalize /Revise work plan, scope, targets, objectives, communication protocols, identify key data needs
1.21 Regular meetings with Stakeholder Advisory Group
1.2J Coordinate with all jurisdictions and set up meeting schedule and project milestones
1.2K Ensure timely completion of all grant tasks
Work Product:
• Report to PRMD for billing invoices, progress reports, timeline and deliverables
Time Frame: Month 1 -24
Task 2: Develop multi - jurisdictional Community -wide Greenhouse Gas
Implementation Program
Task 2.1- Update local and regional GHG inventories and prepare forecasts
Responsible Party: Consultant, with input from jurisdictions, SCTA,
With input from the 10- jurisdictions and SCTA, this task will provide for up -to -date, regionally consistent greenhouse
gas inventories for each partner jurisdiction and the County. This effort will build upon the data and analysis
completed by the Climate Protection Campaign (CPC) and local governments of Sonoma County to include all
relevant sources of greenhouse gas emissions and to be consistent with new or updated protocols for GHG
analysis. The GHG inventories will include community -wide and municipal operations GHG emissions for 1990, the
current year, and forecast years.
The consultant will use the latest available methodology and protocol from ICLEI- Local Governments for
Sustainability- for accounting and reporting of GHG emissions. The current year inventory will calculate emissions
from on -road vehicles, off -road vehicles and equipment, electricity and natural gas, solid waste, agriculture and
forestry, water supply and wastewater systems, and municipal operations, Other emissions sources may be
included in the inventory to ensure compliance with CEQA Guidelines Section 15183.5. The inventory will calculate
actual or estimated GHG emissions for the following years:
• 1990 (state baseline, CCAP baseline)
• 2008 (or other appropriate current year)
• 2015 (CCAP target year)
2020 (BAAQMD and state target year (EO S -03 -05 and AB 32)
• 2035 (SB 375 consistency, SCTA RTP Update)
• 2050 (state target year (EO S- 03 -05), CCAP target year)
The lead consultant will work with the Sub- Recipient Committee and partner organizations to collect and analyze
greenhouse gas emissions. The consultant will work directly with a representative from each jurisdiction to gather
data related to community -wide activities and municipal operations. The consultant and partners will also work with
the Sonoma County Transportation Authority to maintain regional consistency of vehicle miles traveled (VMT)
modeling.
ATTACHMENT A to Resolution
Action Plans adopted in other cities and counties and which strategies being implemented by local governments are
having the biggest impacts on emissions.
Sub -Tasks
2.2A
Identify GHG reduction strategies (AB 32, General Plans, Transportation plans, county
goals, and other regulations)
2.26
Identify adaptation strategies in compliance with state and local regulations
2.2C
Identify and compile of current policies, programs, and efforts related to GHG
reduction, sustainability and climate change in the County /Cities
2.2D
Prepare /review document for input from stakeholder advisory group and Sub- Recipient
Committee
Work Product:
1. Draft and FINAL Policy Gap Analysis by jurisdiction and County -wide
Time Frame: Months 2.8
Task 2.3- Evaluate and Prioritize GHG reduction and adaptation strategies
Responsible Party: Consultant, with input from 10- jurisdictions
The Consultant will use the gap analysis developed in Task 2.2 to update and expand upon the reduction strategies
included in the CCAP. The Sub- Recipient Committee may focus reduction strategies into the following focus areas;
• Land Use and Urban Design
• Vehicle Use and Fuel Consumption
• Energy Efficiency and Conservation
• Renewable Energy
• Municipal Operations
• Waste Reduction and Diversion
• Water Conservation
• Agricultural and Open Space Conservation
• Education and Economic Vitality
The jurisdictions will review the draft reduction and adaptation standards and provide comments to the lead
consultant. Lead consultant will incorporate the jurisdictions' comments and present the final recommendation to the
Sub- Recipient Committee. The lead consultant will provide direct assistance to smaller cities in data collection of
policies, measures, regulations and other needs identified in the process as needing to be filled by jurisdiction staff.
The consultant will prepare various GHG emissions projections based on future years under the "business as usual"
scenario and several other alternatives. An economic analysis of each scenario shall be prepared to assist the
decision makers in adopting the specific GHG reduction strategies (and jurisdiction -level GRIP) for their community.
r1_ ___ L...II also I..d., iL...... relative ii .nnnnn ni. nrin��n strategies, fin the cost i he economic analysis SL also include the relative cost - effectiveness or various st ategies, i.e, what ro the cost n,
dollars to implement the strategy as compared to the GHG emissions reductions achieved. This task also includes
an analysis and recommendation of GHG reduction targets. The emissions projection task should focus on
subsequent target years, specifically related to 2020 for AB 32 consistency, to 2035 for SIB 375 consistency, and
2050 (a state target year in Executive Order S -03 -05 and the existing target year set by the Climate Protection
Campaign Countywide CAP). The recommendation memo will analyze different options to achieve GHG reduction
targets for Sub- Recipient Committee discussion.
ATTACHMENT A to Resolution
The Climate Action Plan should include baseline data and relevant analyses that will also be used as part of a
programmatic environmental document pursuant to CEQA Guidelines Section 15183.5. The lead consultant will work
with a Sub- Recipient Committee that includes the 10 jurisdictions, RCPA, SCTA, Community Partners and sub -
consultants to quantify and assess the preferred emissions reduction measures and identify new cutting edge
measures and policies as outlined in previous tasks. The Sub- Recipient Committee will provide the necessary data
for quantification,, including baseline activity data and demographic information per jurisdiction. Emissions reductions
will be quantified using a methodology that ensures consistency with AB 32. The Plan will include at least the
following factors for strategy quantification and assessment.
• The implementing agency (local agency, developer, site operators, etc.)
• GHG reduction potential in metric tons carbon dioxide equivalent (CO2e)
• Reductions in electricity (kWh), natural gas (therms), waste (tons), traffic (VMT), vehicle fuel (gallons), and
water (gallons), as applicable
• Cost, including:
• Cost to the local agency
• Cost to the private sector
• Potential cost savings
• Available funding (local agency sources, grants, rebates, low - interest financing, etc,)
• Co- benefits (e.g., Community health and higher property values)
• Implementation feasibility ( and cost - effectiveness and short term and long term economic impact)
• Implementation Plan
The Sub- Recipient Committee will work with the consultant to develop a rating system based on these factors. The
rating system will allow for easy comparison across all measures and the identification of "low- hanging fruit' for
immediate cost - effective implementation. A cost neutral climate action program is a project objective and may be
possible due to the cost savings from efficiency improvements, alternative energy investment payback, fee
programs, incentive programs, and other income - generating measures, although it will depend on the measures
chosen for inclusion into the GRIP and the emissions reduction target goal.
For the transportation and land use reduction measures, major cost components to be incorporated in the analysis
include the cost of new infrastructure, services, or programs and private cost savings from reduced fuel consumption.
As part of this task, the Committee will work with SCTA to create consistency with their Comprehensive
Transportation Plan.
The Community -wide Climate Action Plan of the GRIP will integrate the detailed measure quantifications and
thresholds with supportive text. It will tentatively include the following:
1) An introduction to climate change science and regulations,
2) A summary of the Greenhouse Gas Emissions Inventory, forecast, and targets for the entire County and
each local jurisdiction.
3) Community -wide energy use, transportation, land use, agriculture, water, and solid waste reduction
strategies and measures, their cost - benefit analysis, implementation time frames, prioritization, and funding
sources, including a "road map" for adapting these community -wide measures at the jurisdiction level.
ATTACHMENT A to Resolution
• PUBLIC Draft and FINAL Comprehensive Communitywide Climate Action plan by jurisdiction
Time Frame: Months 8.18
Task 2.6- Develop Model Policy /Code /Practices Book
Responsible Party: Consultant, with input from 10- jurisdictions
The Lead Consultant will work with the Sub- Recipient Committee to create a draft "plug and play"
implementation toolkit of model general plan, zoning and building code amendments and other programs to help
facilitate the reductions outlined in the Communitywide Climate Action plan. Model amendments /programs could
include the following:
• Overlay zones (e.g., transit - oriented development overlay zones, affordable housing overlay zones,
complete neighborhood or sustainable community overlay zones)
• Special use regulations (e.g., renewable energy facilities, live /work standards)
General development standards (e.g., bicycle facilities in new development, urban infill design standards,
solar subdivision standards, construction and demolition recycling ordinance)
• Building code (e.g., green building code, graywater system standards, high- efficiency plumbing)
• Street design standards (e.g., complete streets design standards, landscaping and tree standards)
• Transportation, policies and strategies to reduce VMT, and strategies to implement SB375 through ASAG's
Sustainable Communities Strategies, with a special emphasis on innovative cost - effective strategies to
increase transit ridership.
• Programs and best practices such as SCEIP, PACE, RESCO, and energy efficiency /renewable energy
programs to address municipal operations and existing development
The model ordinances /programs will be chosen based on their effectiveness at achieving the outcomes listed in
the GRIP Grant with the Strategic Growth Council. The model ordinances, programs and standards would be
made publicly available for comment and use by other jurisdictions. Local Sources of policies, codes and
practices could include (this is not an exhaustive list):
• Sonoma County Transportation Authority and Regional Climate Protection Agency
• Sonoma County Agricultural Preservation and Open Space District
• Climate Protection Campaign
• Sonoma County Water Agency
• North Bay Climate Adaptation Initiative
• Sonoma State University Center for Sustainable Communities
• Sonoma County General Services Department
• Sonoma Marin Area Rai! Transit Authority
• Sonoma Green Business Program and Business Environmental Alliance
• Sonoma County Public Health and Regional Parks Departments
• Local jurisdictions of Sonoma County including all nine cities in Sonoma County.
Sub -Tasks
• 2.6A Compile list of innovative codes, model policies and practices for future use
ATTACHMENT A to Resolution
the region's sustainability progress indicators and benchmarks. Data for the public website could be generated by the
database. Other innovative ideas are welcome from the lead consultant.
Additionally, it is important for the tool to help jurisdiction staff and the RCPA in evaluating future development
projects for criteria consistent with the GRIP on an ongoing basis.
Sub -Tasks
2.7A Identify detailed scope of work, tasks and timeline
2.713 Create online presence for public interface of GRIP tracker
27C Create a centralized simple database -based tool to track GRIP implementation and jurisdiction
and train staff how to use it
2.7D Create downloadable document with the region's sustainability progress indicators and
benchmarks.
Work Product:
1. ADMIN Draft & Final GRIP Implementation Tracker database tool
2. PUBLIC Final GRIP Implementation Tracker online tool /site
Time Frame: Months 12.24
Task 3: Conduct GRIP Community Public Outreach, Stakeholder Engagement and
Local Adoption
The public draft GRIP document will need to be brought to through the public process with the intent to receive input
from the community, Stakeholder Advisory Committee members, public bodies, and stakeholders. The consultant will
be required to bring the GRIP document through the public process with help from a jurisdiction representative and
the RCPA as part of the outreach outlined in Task 3.
Task 3.1- Conduct Public Outreach workshops
Responsible Party: RCPA, with help from Lead Consultant, jurisdictions
This task provides for workshops to be held in each jurisdiction to outreach to community members throughout the
region during the GRIP development process. Citv staff will assist with coordinating the location and time of the
workshops in their jurisdiction or provide input on appropriate geographic locations to hold workshops. RCPA will
take the lead in facilitating the workshops, and the materials and format will be created by the Lead Consultant.
This task also allows the community to participate in the GRIP process using workshops, online tools and social
mediums. Specifically, this task provides for consultant services in support of website development, an email list
serve, and social media. The consultant, in coordination with the County and RCPA, will announce the progress of
the GRIP via the project website, Facebook and Twitter. "Followers" of the County's GRIP process will be
encouraged to comment on the process electronically via email and web form to the County.
Sub -Tasks
11
ATTACHMENT A to Resolution
Task 3.4- Conduct Local Adoption Process
The Grant Sub- recipient Committee will continue to meet until all jurisdictions have formally brought the GRIP to
their decision maker for the final local adoption. The goal of this is to have local jurisdictions commit to participating
in the entire GRIP process. The jurisdiction staff will determine the best option for presenting the GRIP to various
councils and public bodies. The RCPA would work with each jurisdiction's staff to ensure consistent adoption. The
consultant will create local adoption materials including PowerPoint presentations, template staff reports and other
materials that all the jurisdictions can modify for their needs.
Responsible Party: Jurisdictions with help from RCPA and Consultant
Sub -Tasks
3AA Send GRIP documents out for public review according to appropriate jurisdiction protocols.
3.413 Present GRIP document at appropriate Planning commission /City Council in each jurisdiction for
I local adoption according to city or county requirements for a public hearing process.
Work Product:
Lead Consultant: Preparation of materials and availability to present GRIP to local government
boards as needed, up to two public meetings per jurisdiction ( up to 20 meetings total)
Jurisdictions: Present GRIP to local government boards, Staff presentations at appropriate city
staff level meetings and with appropriate city committees and meetings as determined by City staff
Time Frame: Month 18 -24
Task 4: Prepare CEQA Document
(Not to be paid for with SGCIDOC Prop 84 Funding)
The lead consultant will be required to prepare the appropriate level of CEQA document pursuant to CEQA
Guidelines Section 15183.5 for the GRIP and ensure integration and consistency with all elements of the GRIP. The
final document will provide CEQA compliant environmental and public review for the GRIP. It is anticipated that a
Programmatic EIR would be the preferred approach, and the EIR process will rely heavily on incorporation by
reference of the technical documents, GHG emission reduction and adaptation standards, and emission reduction
targets produced for the GRIP project.: The CEQA review process will assess relevant substantial evidence in the
record, including any applicable standards previously adopted by jurisdictions to reduce GHG's. Because the goal of
the GRIP is to be a self- mitigating plan that includes standards for adoption, it is not anticipated that extensive
development of new mitigation measures will be required as a part of the EIR process.
The intent of the GRIP CEQA documents to allow future projects the ability and option to tier off the certified GRIP
CEQA document in compliance with CEQA Guidelines Section 15183.5.
After adoption of the GRIP, its implementation will include its use as a CEQA tiering document for individual projects.
Projects consistent with the GRIP may rely on the programmatic cumulative impact analysis of GHG emissions
contained in the certified GRIP EIR. The consultant will need to develop criteria and a process that the jurisdictions
13
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
2012 Sustainable Communities Planning and Incentives Grant Prograrn
Sonoma County, Grant Number: 3012 -583
Exhibit C
GRANTEE CERTIFICATION OF COMPLIANCE
By signing this Agreement, Grantee certifies that it is in compliance with all of the following requirements, to the
extent that each is applicable:
1. Americans with Disabilities Act: Grantee assures the State that it complies with the Americans with Disabilities
Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations
and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
2. Nondiscrimination Clause: During the performance of this Agreement, the Grantee and its subcontractor(s) shall
not discriminate, harass, or allow harassment against any employee or applicant for employment because of sex,
race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (cancer), sexual orientation, marital status, and denial of family care leave. Grantee and
its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment
are free fi•om discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the
California Fair Employment and Housing Act (Government Code, Section 12900 et seq.), and the regulations
promulgated thereunder (California Administrative Code, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section 12990(a -f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated herein by reference and
made a part hereof as if set forth in full.
Grantee and its subcontractor(s) shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform
work under the grant.
3. Recycling Certification: The Department has a procurement policy that sets purchase goals for, and favors the
purchase of, products containing recycled content, both post - consumer and secondary waste. When using grant
funds to purchase paper products, fine printing and writing paper, plastic, glass, oil, compost and co- compost,
solvents and paint, tire- derived products, and retread tires, the Grantee shall make a reasonable effort to purchase
products containing recycled content. Grantee shall report any and all such purchases in status and final reports
required pursuant to this Agreement.
4. Drug -Free Workplace Requirements: Grantee will comply with the requirements of the Drug -Free Workplace
Act of 1990 (Government Code section 8350 et seq.) and will provide a drug -free workplace by taking the following
actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use
of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
(b) Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and
4) penalties that may be imposed upon employees for drug abuse violations.
ATTACHMENT A to Resolution
California Department of Conservation — Division of Land Resource Protection
2012 Sustainable Communities Planning and Incentives Grant Program
Sonoma County, Grant Number: 3012 -583
(c) Every employee who works on the Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the
Department determines that the Grantee has made a false certification, or violated the certification by failing to carry
out the requirements as noted above.
5. Labor Code/Workers Compensation: Grantee needs to be aware of the provisions, which require every
employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance
with the provisions, and Grantee agrees to comply with such provisions before commencing performance pursuant
to this Agreement. (Labor Code Section 3700)
6. Child Support Compliance Act: For any Agreement in excess of $100,000, the Grantee acknowledges
accordance with the following:
(a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with
all applicable state and federal laws relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
(b) The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
7. Resolution of Support: Grantee must provide the State with a copy of a resolution, order, motion, or ordinance
of its governing body, which by law has authority to enter into an agreement, authorizing execution of an agreement.
8. Air or Water Pollution Violation: Under State laws, the Grantee shall not be: (1) in violation of any order or
resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2)
subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of
provisions of federal law relating to air or water pollution.
9. Compliance with Other Laws, Including CE A: The Grantee shall comply fully with all applicable federal,
state and local laws, ordinances, regulations and permits and shall secure any new permits required by authorities
having jurisdiction over the project(s), and maintain all presently required permits. The Grantee shall ensure that any
applicable requirements of the California Environmental Quality Act are met in carrying out the terms of the grant.
10. Use of State Funds to Assist Promote or Deter Union Organizing: Grantee shall not use state funds,
including grant funds, to assist, promote or deter union organizing. Government Code Section 16645.1(d) provides
that Grantee shall be liable to the State for the amount of any funds expended in violation of this prohibition, plus a
civil penalty equal to twice the u.. ount of those funds. if Grantee, makes expenditures to assist, promote or deter
union organizing, Grantee shall maintain records sufficient to show that state funds have not been used for those
expenditures. The Grantee shall provide those records to the Attorney General upon request.
11. Payee Data Record Form (Std. 204): This form must be completed by all contractors and grantees and
submitted to the State before the start of any grant. Grantee shall submit a new form anytime there is an address
change.
ATTACHMENT A to Resolution
GRIP SCOPE OF WORK SUMMARY
Responsible Party: City of Petaluma, City of Cotati, City of Rohnert Park, City of Sebastopol,
Town of Windsor, City of Healdsburg, City of Cloverdale, City of Sonoma, County of Sonoma
Local city /county planning staff is integral to the success of the GRIP. The GRIP process will
result in an implementable Climate Action Plan for each jurisdiction that can be adopted through
a public hearing process at the local level. City /county staff engagement is needed to give
direction on GRIP elements including the Climate Action Plan, model codebook, implementation
tracker and programmatic CEQA document. Additionally, City /county staff is needed to work
with RCPA staff to construct a public outreach plan specific to the needs in each community.
Ultimately, city /county staff will be bringing the GRIP through the local adoption process with
support from the RCPA and consultant team.
City /county staff, the lead consultant, RCPA and SCTA will be brought together through the
creation a Grant Sub - Recipient Committee (GSRC). This core group will drive the process of
the GRIP development and see the project through to adoption in each jurisdiction. More detail
on the expectations for this committee is in Task 3.2 below.
RCPA staff will be the project manager and main contact for this collaborative process and will
help to facilitate the interactions among all the jurisdictions, with the Lead Consultant (ICF) and
the local community partners. The cities of Rohnert Park and Cotati will require additional staff
support from ICF and RCPA for data collection; sample staff reports preparation, and other support level
duties as needed
The City of Santa Rosa adopted a CEQA compliant Community Climate Action Plan (CAP) for
their community on June 5, 2012, and is currently in the process of writing a Municipal Climate
Action Plan. It is not the intention of the GRIP to change or alter the City of Santa Rosa
Community wide or Municipal CAP as it stands today. The Lead Consultant will not prepare a
new GHG inventory or Climate Action Plan for the City of Santa Rosa. It is the goal of the GRIP
process to ensure collaboration and consistency among the Sonoma County region to reach
greenhouse gas reduction goals. Since Santa Rosa is the only city to have completed a CAP, they
are invaluable as a local resource and guidance for the GRIP process. The City of Santa Rosa
staff will participate in the GRIP process to help ensure collaboration amongst all jurisdictions,
provide guidance on key milestones and the implementation of their currently adopted CAP will
benefit from the tools created during the GRIP process. The City of Santa Rosa will have a
separate Scope of Work to outline its responsibilities in the GRIP process.
Task 2 – Develop Multi- Jurisdictional Community -wide GHG Implementation Reduction
Program
Task 2.1— Update Local and Regional GHG Inventories and Prepare Forecasts
ATTACHMENT A to Resolution
. In order for projects in each jurisdiction to tier from the common reduction plan, GHG
inventories and reduction plans for each of the jurisdictions, need to have the same baseline year.
As a member of the GSRC, jurisdiction staff will collaborate with the other jurisdictions and work
with the RCPA to select the base year for all the GRIP inventories based on a consideration of
advantages and disadvantages.
Jurisdiction staff will review and provide comment on the draft and final GHG inventory and
forecast prepared by ICF via an Excel workbook. Staff will have the opportunity to ask questions
and provide feedback via a webinar with ICF, at the GSRC meetings and via e -mail following
review of the Excel workbook. The goal is that cities become familiar with their own inventories
prior to the reduction planning step and prior to sharing inventory information with the public.
The workbook will include emissions data for individual jurisdictions' municipal operations where
available (such as data related to emissions related to water, wastewater, and landfills), but will not
include a separate inventory for municipal operations.
For more detail on the process ICF will use to conduct the inventory see their scope of work in
Task 2.1.
Task 2.2— Policy Gap Analysis
The gap analysis will be done by ICF and will identify current policies, programs, and efforts
related to sustainability and climate change within each jurisdiction, identify regional
inconsistencies, and suggest areas for improvement and further coordination. The gap analysis
will also identify barriers to sustainable development within general plans, and municipal
building and zoning codes.
Jurisdiction staff will provide current policy and program documents to RCPA staff unless the
documents already easily available on the jurisdiction's website. RCPA will first compile an
Excel spreadsheet to track existing policies and programs in each jurisdiction through a web
search. Jurisdiction staff will review this spreadsheet and inform RCPA if there are any relevant
policies or programs that need to be added to the list. Jurisdiction staff will also review and
provide comment on the overall policy gap analysis completed by ICF.
For more detail on the process ICF will use to conduct policy gap analysis see their scope of work in Task
2.2
Task 2.3 —GHG Reduction Analysis
Jurisdiction staff will review and participate in the development and selection of the draft
reduction measures and provide comments to ICF. Using the Policy Gap Analysis completed in
Task 2.2, ICF will identify all existing quantifiable measures and prepare a list of new
quantifiable measures to include in the CAP. Jurisdiction staff will work with the RCPA and
ATTACHMENT A to Resolution
Lead Consultant to help achieve regional consistency in the new measures. ICF will create a
GHG Reduction Planning Tool for the jurisdictions. This tool will be an interactive Excel
spreadsheet model, where the jurisdictions can make selections and see the GHG reduction
consequences of their choices. This will allow jurisdictions to provide feedback to ICF on the
most attractive and feasible new measures in order to streamline the GHG and cost
quantification. Jurisdictions will receive the following tools:
• Reduction Tool v.1.0 — creates a list of existing and proposed measures in an interactive GHG
reduction planning tool (Excel)
• Target Setting Exercise — provides target options and pros /cons of each along with
recommendations
• GHG /Cost Quantification — quantifies GHGs and associated costs of implementing each
measure
• Reduction Tool v.2.0 — allow jurisdictions to select different combinations of measures to work
toward a future 2020 target; allows limited adjustment of parameters for 2035 and 2050
scenarios (Excel)
• Reduction Tool v.3.0 — Incorporates jurisdictional selections made in V2.0 and calculates final
GHG reduction and cost totals, creates charts and plots, included inventories for all milestone
years, 2020 measures and 2035 and 2050 scenarios.
GHG Reduction Planning Tool v1.0
Tool v1.0 will contain all existing policies and programs along with a list of new reduction
strategies. Tool v1.0 will be organized into non - quantifiable and quantifiable measures.
Jurisdictions will review v1.0 to identify the new measures that are most applicable to them. This
will allow jurisdictions to provide feedback to ICF on the most attractive and feasible new
measures in order to streamline the GHG and cost quantification. The tool uses ICLEI protocols
supplemented with CAPCOA guidance and other sources.
Target Identification
In 2008, the Community Climate Action Plan prepared by the Climate protection Campaign, has
the Community wide target set at 25% below 1990 levels by 2015. Because the adoption of the
GRIP may not occur until 2015, the GSRC will work collectively with RCPA to determine the
best target to set for the GRIP.
GHG Reduction Tool V2.0
Tool v2.0 will include the GHG reductions and cost analysis for all existing and new quantifiable
measures that the cities have selected in v 1.0. It will also include the GHG inventories and
forecasts so that cities can compare the emission reductions to their BAU emissions. Our
cost /benefit analysis will be specific in nature to provide dollar estimates of costs and savings.
This tool will also provide a qualitative co- benefit analysis for each measure. These benefits
generally include reductions in criteria pollutants, job growth, economic growth, and public
health improvements. Jurisdiction staff will provide input to ICF to ensure that the co- benefits
outputs of the analysis will meet the jurisdictions' needs.
ATTACHMENT A to Resolution
Transportation Strategies Evaluation for GHG Reduction Tool v2.0
A subsection of the tool will be developed by Fehr & Peers as a high -level planning spreadsheet
tool (based on the final list of strategies) for each jurisdiction to evaluate the transportation
strategies they will consider for implementation as part of the CAP. The tool will provide the
jurisdictions with initial estimates of effectiveness for individual strategies and strategies in
combination based on their urban context and degree of implementation. The tool may also
provide high -level cost estimates /ranges to allow jurisdictions to compare implementation costs
amongst strategies.
Economic Analysis for Reduction GHG Tool v2.0
ICF will conduct economic analysis of the GHG reduction scenarios to enable a comparison of
the relative cost - effectiveness of different options. Jurisdiction staff will provide input to ICF to
ensure that the quantitative outputs of the analysis will meet the jurisdictions' needs.
GHG Reduction Tool v3.0
Feedback provided by the jurisdictions to ICF on v2.0 will be used to help to prepare Tool 0.0.
Tool v3.0 will allow jurisdictions one additional round of review for their measure selections.
This additional round of review will allow ICF to incorporate any new information, methods, and
recommendations from the cities /stakeholders. ICF will incorporate feedback from v3.0 into the
GHG and cost quantification for the CAP document.
For more detail on the process ICF will use to conduct GHG measure analysis see their scope of
work in Task 2.3.
Task 2.4— Evaluate and Analyze Adaptation and Resiliency Strategies
The GRIP will include strategies for climate change adaptation specific to Sonoma County,
which will be prepared by the North Bay Climate Adaptation Initiative ( NBCAI). NBCAI will
work with local stakeholders and experts to address climate change impacts on human
populations and natural systems including, but not limited to: increased risk of wildfire, loss of
land to sea level rise, saltwater intrusion, flooding, reduction in agricultural productivity,
increased occurrence of heat waves, and a decrease in water supply due to drought.
The GSRC will have an opportunity to review the analysis and work done by NBCAI and
provide comment on the adaptation strategies.
Task 2.5— Develop Community -wide Multi- jurisdictional Climate Action Plan (CAP)
The final product will be a single Climate Action Plan document that combines and presents all
technical components of the project (GHG inventories, GHG forecasts, GHG reduction measure
quantification, GHG reduction measure cost analysis), as well as adaptation strategies,
implementation checklists, and technical documentation for the CEQA analysis. The CAP
document will have a separate chapter for each jurisdiction that will describe the jurisdiction,
present the jurisdiction's inventory, forecasts, reduction target, selected GHG reduction measures
ATTACHMENT A to Resolution
and costs and savings for the selected measures and other relevant information. Jurisdiction staff
will be able to provide input as the document is developed. ICF will create a matrix for each
jurisdiction that displays these considerations in a tabular format for the GHG reduction
measures selected in the reduction Tool v3.0. ICF will work the RCPA and GSRC to present all
the factors clearly, discuss options for rating measures for use by individual jurisdictions, and
provide decision support to the jurisdictions to help the communities do their own rating of the
measures based on their own unique priorities.
The CAP will include the following:
An introduction to climate change science and regulations.
IN A summary of the Greenhouse Gas Emissions Inventory, forecast, and targets for the entire
County and each local jurisdiction
Community -wide energy use, transportation, land use, agriculture, water, and solid waste
reduction strategies and measures, their cost - effectiveness analysis, implementation time
frames, prioritization, and funding sources, including a "road map" for adapting these
community -wide measures at the jurisdiction level
A summary of existing municipal reduction strategies and measures, cost - effectiveness
analysis, implementation time frames, prioritization, and funding sources (based on existing
information; not developed as part of this scope).
Adaptation and resiliency policies for anticipated climate change impacts, including strategies,
implementation time frames, delegation of responsibility, and finance mechanisms
Standards for monitoring and assessment, mechanisms for annual evaluation, and strategized
primary and intermediate reduction targets to facilitate attainment of overall objectives to
reduce emissions to target levels
A compliance checklist for use by local agency planning staff to assist in determining a
project's consistency with the GRIP
In describing the different GHG reduction measures, the CAP will identify the following:
• The implementing agency (local agency, developer, site operators, etc.)
• GHG reduction potential in metric tons carbon dioxide equivalent (CO2e)
• Reductions in electricity (kWh), natural gas (therms), waste (tons), traffic (VMT), vehicle fuel
(gallons), and water (gallons), as applicable
• Cost, including:
— Cost to the local agency
— Cost to the private sector
— Potential cost savings
• Available funding (local agency sources, grants, rebates, low- interest financing, etc.)
• Co- benefits (e.g., Community health and higher property values)
• Implementation feasibility (including cost - effectiveness and qualitative assessment of short
term and long term economic impact)
hnplementation actions
ATTACHMENT A to Resolution
For more detail on the process ICF will use to write the CAP document see their scope of work
in Task 2.5
Task 2.6— Develop Model Policy /Code/Practices Book
RCPA will work with the GSRC to create a draft "plug and play" implementation toolkit
containing model general plan, zoning and building code amendments and other programs to
help facilitate the reductions outlined in the Communitywide GRIP. The GSRC will have an
opportunity to review and provide feedback during the development of the book.
Model amendments /programs could include the following:
• Overlay zones (e.g., transit - oriented development overlay zones, affordable housing
overlay zones, complete neighborhood or sustainable community overlay zones)
• Special use regulations (e.g., renewable energy facilities, live /work standards)
• General development standards (e.g., bicycle facilities in new development, urban infill
design standards, solar subdivision standards, construction and demolition recycling
ordinance)
• Building code (e.g., green building code, graywater system standards, high - efficiency
plumbing)
• Street design standards (e.g., complete streets design standards, landscaping and tree
standards)
• Transportation, policies and strategies to reduce VMT, and strategies to implement
SB375 through the regional Sustainable Communities Strategy, with a special emphasis
on innovative cost - effective strategies to increase transit ridership.
• Programs and best practices such as SCEIP, PACE, RESCO, and energy
efficiency /renewable energy programs to address municipal operations and existing
development
For more detail on the guidelines, RCPA will follow in the creation of this book see Exhibit A.
Task 2.7 —GRIP Implementation Tracker and Tools
In order to track the effectiveness of the GRIP, jurisdictions need a central place to store program
details, implementation milestones, and measure progress. This tool must be easy to use,
intuitive, centrally located, and consistent with the inventories, projections, and reductions
analysis. Since the local treasures and actions may differ for each jurisdiction, maintaining
consistent data entry and reporting will be challenging. Different jurisdictions will likely have
different needs for tracking inputs and outputs; some may be able to report metrics that others
cannot. The tool needs to cater to all jurisdictions and track all- important indicators /metrics/
benchmarks for all measures without becoming too cumbersome or difficult to use. It must distill
complex tracking data to the most useful and important information. The tool must also engage
the public and show the progress of the GRIP.
ATTACHMENT A to Resolution
Jurisdictions will be provided with a scoping memo prepared by ICF to identify the key
parameters to include in the tracking tool, present a timeline for city /county updates to the
tracker, outline options for the look of the tracker interface, and discuss characteristics of the
online public interface. ICF will incorporate feedback from jurisdictions on the memo into the
development of the tracking tool to make sure that the tool contains all desired functions and
capabilities.
For more detail on the process is defined in ICF scope of work Task 2.7.
Task 3: Conduct GRIP Community Public Outreach, Stakeholder Engagement
and Local Adoption
The goals of the public outreach task are to educate, inform, and engage stakeholders and the
public. RCPA will work with ICF and the jurisdiction staff to prepare a comprehensive
communication plan that guides the outreach process leading to local adoption of the CAP. The
communication plan will include a schedule; partnership, audience, and stakeholder identification
and methods of communication for various groups; goals and key messaging; workshop and
meeting format; outreach materials needed, such as fact sheets, web page to be hosted by RCPA,
and social media accounts. Jurisdiction staff will be involved to ensure that the outreach efforts
meet the specific needs of each jurisdiction.
For more detail on Outreach and Adoption process, see Exhibit A Grant Scope of work, Task 3.
Task 3.1— Conduct Public Outreach Workshops
This task provides two public outreach workshops to be held per jurisdiction during the
development of the GRIP. Jurisdiction staff will work with the RCPA to coordinate the location
and time of the workshops within their jurisdiction or provide input on an appropriate geographic
location to hold workshops. RCPA will take the lead on facilitating the workshops, but
jurisdictions staff will be present to hear public input and respond to jurisdiction - specific issues
as needed. Jurisdiction staff will be responsible to notify their residents according to their
established public outreach protocols.
To assist in the public outreach process, RCPA will work with ICF to develop the meeting
format and supporting materials translated, as necessary, into appropriate languages (meeting
agenda, sign -m Sheets, nametagS, :nformat.onal hnaru1S and ether materials aS determined j.
Additionally, RCPA will be working with ICF to create a communications plan, information
sheets, and develop a brand for the GRIP.
Task 3.2— Attend Grant Sub- Recipient Committee Meetings
The jurisdiction staff listed on the GRIP grant makes up the members of the GSRC. This core
group will drive the process of the GRIP development and see the project through to adoption. It
will meet on a regular basis to review project milestones, deliverables and coordination the public
outreach process and workshops. It is anticipated that meetings will take place every 2 -3 months.
Since most of the members of this committee will also attend at the Planning Advisory Committee
ATTACHMENT A to Resolution
(PAC), meetings held at the SCTA once a month, RCPA will also utilize the PAC as appropriate to
engage jurisdictions staff in GRIP development.
Task 3.3— Engage Stakeholder Advisory Group
Jurisdiction staff will identify key stakeholders in their community that can help RCPA
communicate information about GRIP, inform the process, build support, and address concerns.
RCPA will work to identify representation to the stakeholder group from diverse sectors
throughout the county. Members could come from, but are not limited to disadvantaged
communities, local business groups, nonprofits, environmental organizations energy providers,
agricultural and tourism interests, the development and construction industry, and other
governmental agencies that are not grant sub - recipients.
As a part of the communications plan creation, RCPA will determine the group's role in the
GRIP development, structure and best way to engage them in the process.
At a minimum, formal stakeholder engagement will occur at the following milestones (4 in- person
meetings).
• Draft GHG Inventory and Forecast
• Reduction Tool v2.0
• Public Draft CAP/ Draft EIR
• Final CAP/Final EIR
Task 3.4— Participate in Local Adoption Process
The GSRC will continue to meet until all jurisdictions have formally presented their "chapter"
section of the GRIP to their decision makers for final local adoption. Local jurisdictions are
asked to commit to participating in the entire GRIP process and adopting a CAP. Jurisdiction
staff will determine the best option for presenting the GRIP to various councils /boards,
city /county level staff meetings, or local advisory committee meetings, and will bring the GRIP
through the local adoption process in their own jurisdiction. The RCPA will work with each
jurisdiction's staff to ensure consistent presentation and provide resources and guidance on the
local adoption process as necessary.
To support the local adoption process ICF will prepare presentation materials, template staff
reports and other materials that the jurisdictions can modify for their needs. ICF will attend up to
two public hearing meetings per jurisdiction, (could be one meeting with the Planning
Commission and one with the City Council or Board of Supervisors, but jurisdiction staff can
determine the best use for ICF). RCPA staff will be available to attend meetings as appropriate to
help support jurisdiction staff through the local adoption process.
Task 4. Environmental Documentation (1CF)
ICF will prepare a Program EIR that evaluates the environmental impacts of GRIP
implementation in Sonoma County. The RCPA will be the CEQA Lead Agency and the cities
and the County will be Responsible Agencies. Projects consistent with the GRIP will be able to
ATTACHMENT A to Resolution
rely on the programmatic cumulative impact analysis of GHG emissions contained in the
certified GRIP EIR as provided in CEQA Guidelines Section 15183.5. ICF will develop criteria
and a process that the jurisdictions will use to determine if a future project is consistent with the
GRIP. The EIR process will rely heavily on incorporation by reference of the technical
documents, GHG emission reduction and adaptation standards, and emission reduction targets
produced for the GRIP itself.
In addition to the normal role of a Responsible Agency under CEQA (e.g., commenting on the
Notice of Preparation and Draft EIR and utilizing the Program EIR in the jurisdiction's adoption
process), jurisdiction staff will have an opportunity to participate in preparation of the EIR. This
will occur through the tasks outlined above as well as an opportunity to review administrative
draft EIR sections that are particularly relevant to individual jurisdictions. The goal of this
process is to produce a Program EIR that fully meets the needs of each Responsible Agency in
their respective adoption process.
For more detail on ICF's approach to the Programmatic EIR, see their scope of work in Task 4.
Draft Project Schedule
A summary schedule is shown in the table below, as prepared by ICF. A more detailed schedule
broken down by task and subtask, and showing relationships between tasks will be prepared and
given to the GSRC at the project kickoff meeting.
Schedule
Task 2: GRIP
Task 3: Outreach
Task 4: CEQA
ATTACHMENT A to Resolution
ATTACHMENT A to Resolution
EXHIBIT C
[Jurisdiction Specific Budget]
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program —City of Rohnert Park 8
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ATTACHMENT A to Resolution
EXHIBIT D
Section I — Insurance to be maintained by City
With respect to this Agreement, City shall maintain insurance and /or self- insurance as described
below unless such insurance has been expressly waived by the attachment of a Waiver of
Insurance Requirements.
Workers Compensation and Employers Liability Insurance
a. Workers Compensation insurance with statutory limits as required by the Labor Code of
the State of California.
b. Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per
employee; $1,000,000 Disease per policy.
c. Required Evidence of Insurance: Certificate of Insurance.
2. General Liability Insurance
a. Commercial General Liability Insurance on a standard occurrence form, no less broad
than Insurance Services Office (ISO) form CG 00 01.
b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products /Completed Operations Aggregate. The required limits may be
provided by a combination of General Liability Insurance and Commercial Umbrella
Liability Insurance.
C. Any deductible or self- insured retention shall be shown on the Certificate of Insurance.
City is responsible for its own self- insured retention and shall fund such self- insured
retention upon written request by the County, regardless of whether that party has a
claim against its insurance or is named as a party in any action involving the other.
d. City's policy shall include an endorsement naming the County of Sonoma, its officers,
agents and employees, as additional insureds for liability arising out of operations by or
on behalf of City with respect to the performance of this Agreement.
e. The City's policy shall include an endorsement naming the State of California, its
officers, agents, employees, and servants as additional insureds.
f. The insurance provided to the additional insureds shall be primary to, and non-
contributory with, any insurance or self- insurance program maintained by the additional
insureds.
g. The policy definition of "insured contract" shall include assumptions of liability arising out
of both ongoing operations and the products - completed operations hazard (broad form
contractual liability coverage including the "f' definition of insured contract in ISO form
CG 00 01, or equivalent).
h. The policy shall cover inter - insured suits between County and City and include a
"separation of insureds" or "severability" clause which treats each insured separately.
L Required Evidence of Insurance:
-1 ; A nnrinrcmmnnf nr nNnvinirvv y liw an nyi a .iaunyc v nyrunn 4un n y anwr.wtrvli .+.invn aa.a l
auunivI. n ro — — 1ua wn vvnNv v+ +ho 4,4;+;-
insured
status; and
iii. Certificate of Insurance.
3. Automobile Liability Insurance
a. Minimum Limits: $1,000,000 combined single limit per accident.
b. Insurance shall apply to all owned autos. If City currently owns no autos, City agrees to
obtain such insurance should any autos be acquired during the term of this Agreement or
any extensions of the term.
C. Insurance shall apply to hired and non -owned autos.
d. Required Evidence of Insurance: Certificate of Insurance.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 9
ATTACHMENT A to Resolution
4. Public Officials Errors and Omissions Insurance
a. Minimum Limit: $1,000,000 per wrongful act.
b. Any deductible or self - insured retention shall be shown on the Certificate of Insurance.
c. If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the
commencement of this Agreement.
d. Required Evidence of Insurance: Certificate of Insurance.
5. Standards for Insurance Companies
Commercial Insurers shall have an A.M. Best's rating of at least ANIL
6. Documentation
a. All required Evidence of Insurance shall be submitted prior to the execution of
this Agreement. The City agrees to maintain current Evidence of Insurance on
file with the County for the entire term of this Agreement.
b. Required Evidence of Insurance shall be submitted for any renewal or
replacement of a policy that already exists, at least ten (10) days before
expiration or other termination of the existing policy.
c. The parties shall provide each other with immediate written notice if: (1) any of
the required insurance policies is terminated; (2) the limits of any of the required
policies are reduced; or (3) the deductible or self- insured retention is increased.
7. Policy Obligations
The parties' indemnity and other obligations shall not be limited by the foregoing insurance
requirements.
Section II — Insurance to be maintained by consultants under the Grant
The Insurance Exhibit below shall be attached to all consultant contracts under the Grant.
Exhibit
With respect to performance of work under this Agreement, Consultant shall maintain and shall
require all of its subcontractors, consultants, and other agents to maintain insurance as
described below unless such insurance has been expressly waived by the attachment of a
Waiver of Insurance Requirements. Any requirement for insurance to be maintained after
completion of the work shall survive this agreement.
County reserves the right to review any and all of the required insurance policies and /or
endorsements, but has no obligation to do so. Failure to demand evidence of full compliance
with the insurance requirements set forth in this Agreement or failure to identify any insurance
deficiency shall not relieve Consuitant from, nor be construed or deemed a waiver of, its
obligation to maintain the required insurance at all times during the performance of this
Agreement.
1. Workers Compensation and Employers Liability Insurance
a. Required if Consultant has employees.
b. Workers Compensation insurance with statutory limits as required by the Labor Code of
the State of California.
c. Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per
employee; $1,000,000 Disease per policy.
d. Required Evidence of Insurance: Certificate of Insurance.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 10
ATTACHMENT A to Resolution
If Consultant currently has no employees, Consultant agrees to obtain the above - specified
Workers Compensation and Employers Liability insurance should any employees be engaged
during the term of this Agreement or any extensions of the term.
General Liability Insurance
a. Commercial General Liability Insurance on a standard occurrence form, no less broad
than Insurance Services Office (ISO) form CG 00 01.
b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate;
$2,000,000 Products /Completed Operations Aggregate. The required limits may be
provided by a combination of General Liability Insurance and Commercial Umbrella
Liability Insurance. If Consultant maintains higher limits than the specified minimum
limits, County requires and shall be entitled to coverage for the higher limits maintained
by Consultant.
c. Any deductible or self- insured retention shall be shown on the Certificate of Insurance. If
the deductible or self- insured retention exceeds $25,000 it must be approved in advance
by County. Consultant is responsible for any deductible or self- insured retention and
shall fund it upon County's written request, regardless of whether Consultant has a claim
against the insurance or is named as a party in any action involving the County.
d. The County of Sonoma, its officers, agents and employees shall be additional insureds
for liability arising out of operations by or on behalf of the Consultant in the performance
of this Agreement (Insurance Services Office endorsement CG 20 10 or equivalent).
e. The State of California, its officers, agents, employees and servants; the Sonoma
County Regional Climate Protection Authority and the Cities and Towns represented by
the RCPA Board of Directors, their officers, agents and employees shall be endorsed as
additional insureds for liability arising out of operations by or on behalf of the Consultant
(Insurance Services Office endorsement CG 20 26 or equivalent. Endorsement CG 20
10 or equivalent is NOT acceptable.)
f. The insurance provided to the additional insureds shall be primary to, and non-
contributory with, any insurance or self- insurance program maintained by them.
g. The policy definition of "insured contract" shall include assumptions of liability arising out
of both ongoing operations and the products - completed operations hazard (broad form
contractual liability coverage including the "f' definition of insured contract in ISO form
CG 00 01, or equivalent).
h. The policy shall cover inter - insured suits between County and Consultant and include a
"separation of insureds" or "severability" clause which treats each insured separately.
L Required Evidence of Insurance:
L Copy of the additional insured endorsement or policy language granting additional
insured status; and
ii. Certificate of Insurance.
3. Automobile Liability Insurance
a Minim, im I imite• Q1 nnn nnn rnmininarl cinnla limit nar arr^ir ent
b. Insurance shall apply to all owned autos. If Consultant currently owns no autos, Consultant
agrees to obtain such insurance should any autos be acquired during the term of this
Agreement or any extensions of the term.
C. Insurance shall apply to hired and non -owned autos.
d. Required Evidence of Insurance: Certificate of Insurance.
4. Professional Liability /Errors and Omissions Insurance
a. Minimum Limit: $1,000,000 per occurrence.
b. Any deductible or self- insured retention shall be shown on the Certificate of Insurance. If
the deductible or self- insured retention exceeds $25,000 it must be approved in advance
by County.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 11
ATTACHMENT A to Resolution
c. If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the
commencement of the work.
d. Coverage applicable to the work performed under this Agreement shall be continued for
two (2) years after completion of the work. Such continuation coverage may be provided
by one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later than
the commencement of the work under this Agreement.
e. Required Evidence of Insurance: Certificate of Insurance.
5. Standards for Insurance Companies
Insurers shall have an A.M. Best's rating of at least A:VII.
6. Documentation
a. The Certificate of Insurance must include the following reference: (insert contract
number or project namel.
b. All required Evidence of Insurance shall be submitted prior to the execution of
this Agreement. Consultant agrees to maintain current Evidence of Insurance on
file with County for the entire term of this Agreement and any additional periods if
specified in Sections 1 — 4 above.
c. Required Evidence of Insurance shall be submitted to: [insert exact name and
address l.
d. Required Evidence of Insurance shall be submitted for any renewal or
replacement of a policy that already exists, at least ten (10) days before
expiration or other termination of the existing policy.
e. Consultant shall provide immediate written notice if: (1) any of the required
insurance policies is terminated; (2) the limits of any of the required policies are
reduced; or (3) the deductible or self- insured retention is increased.
f. Upon written request, certified copies of required insurance policies must be
provided within thirty (30) days.
7. Policy Obligations
Consultant's indemnity and other obligations shall not be limited by the foregoing insurance
requirements.
8. Material Breach
If Consultant fails to maintain insurance which is required pursuant to this Agreement, it shall be
deemed a material breach of this Agreement. County, at its sole option, may terminate this
Agreement and obtain damages from Consultant resulting from said breach. Alternatively,
County may purchase the required insurance, and without further notice to Consultant, County
may deduct from sums due to Consultant any premium costs advanced by County for such
insurance. These remedies shall be in addition to any other remedies available to County.
Memorandum of Agreement regarding the Greenhouse Gas Reduction Implementation Program — City of Rohnert Park 12