HomeMy WebLinkAboutCC Resolution 12469 (Grant for Climate Change Action Plan)RESOLUTION NO. 12469
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT
OF $25,000 FROM THE BAY AREA AIR QUALITY MANAGEMENT
DISTRICT FOR A CLIMATE CHANGE ACTION PLAN (P07-011)
WHEREAS, the Bay Area Air Quality Management District provides grants for local
communities to assist with climate change action plans; and
WHEREAS, the City of San Rafael applied for and has been awarded a grant in the
amount of $25,000 from the Bay Area Air Quality Management District to help fund a San
Rafael Climate Change Action Plan; and
WHEREAS, this project includes $102,312 in matching City of San Rafael funds,
representing staff in-kind contributions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY RESOLVE as follows:
The City Manager is authorized to execute, on behalf of the City of San Rafael, an
agreement to accept and expend a grant in the amount of $25,000 from the Bay Area Air Quality
Management District for a Climate Change Action Plan, as shown in Exhibit 1, Grant
Agreement.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 21" day of April, 2008 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
.....
ESTHER C. BEIRNE, City Clerk
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
GRANT AGREEMENT
GRANT NO. 2008-050
1. PARTIES - The parties to this Agreement ("Agreement') are the Bay Area Air Quality
Management District ("DISTRICT") whose address is 939 Ellis Street, San Francisco, CA 94109,
and City of San Rafael ("GRANTEE") whose address is 1400 Fifth Avenue, San Rafael, CA
94901.
2. RECITALS
A. DISTRICT is the local agency with primary responsibility for regulating stationary source air
pollution in the Bay Area Air Quality Management District in the State of California.
DISTRICT is authorized to enter into this Agreement under California Health and Safety
Code Section 40701.
B. DISTRICT desires to award GRANTEE a grant for the activities described in Attachment A,
Work Plan.
C. All parties to this Agreement have had the opportunity to have the Agreement reviewed by
their attorney.
3. TERM - The term of this Agreement is from March 31, 2008, to June 30, 2009, unless further
extended by amendment of this Agreement in writing, or terminated earlier.
4. TERMINATION - DISTRICT shall have the right to terminate this Agreement at its sole
discretion at any time upon thirty (30) days written notice to GRANTEE. The notice of
termination shall specify the effective date of termination, which shall be no less than
thirty (30) calendar days from the date of delivery of the notice of termination, and shall
be delivered in accordance with the provisions of section 10 below. Immediately upon
receipt of the notice of termination, GRANTEE shall cease all activities under this
Agreement, except such activities as are specified in the notice of termination. Within
forty-five (45) days of receipt of written notice, GRANTEE is required to:
A. Submit a final written report describing all work performed by GRANTEE;
B. Submit an accounting of all grant funds expended up to and including the date of termination;
and,
C. Reimburse DISTRICT for any unspent funds.
5. NO AGENCY RELATIONSHIP CREATED / INDEPENDENT CAPACITY, - GRANTEE and
the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an
independent capacity and not as officers or employees or agents of DISTRICT, and nothing
herein shall be construed to be inconsistent with that relationship or status. DISTRICT shall not
have the right to direct or control the activities of GRANTEE in performing the services provided
herein.
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6. CONTRACTORS / SUBCONTRACTORS /SUBGRANTEES
A. GRANTEE will be entitled to make use of its own staff and such contractors, subcontractors,
and subgrantees as are mutually acceptable to GRANTEE and DISTRICT. Any change in
contractors, subcontractors, or subgrantees must be mutually acceptable to the parties.
Immediately upon termination of any such contract, subcontract, or subgrant, GRANTEE
shall notify DISTRICT.
B. Nothing contained in this Agreement or otherwise, shall create any contractual relation
between DISTRICT and any contractors, subcontractors, or subgrantees of GRANTEE, and
no agreement with contractors, subcontractors, or subgrantees shall relieve GRANTEE of its
responsibilities and obligations hereunder. GRANTEE agrees to be as fully responsible to
DISTRICT for the acts and omissions of its contractors, subcontractors, and subgrantees and
of persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by GRANTEE. GRANTEE's obligation to pay its
contractors, subcontractors, and subgrantees is an independent obligation from DISTRICT's
obligation to make payments to GRANTEE. As a result, DISTRICT shall have no obligation
to pay or to enforce the payment of any moneys to any contractor, subcontractor, or
subgrantee.
INDEMNIFICATION - GRANTEE agrees to indemnify, defend, and hold harmless DISTRICT,
its officers, employees, agents, representatives, and successors -in -interest against any and all
liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses
(including reasonable attorney fees) that DISTRICT, its officers, employees, agents,
representatives, and successors -in -interest may incur or be required to pay arising from the death
or injury of any person or persons (including employees of GRANTEE), or from destruction of or
damage to any property or properties, caused by or connected with the performance of this
Agreement by GRANTEE, its employees, subcontractors, subgrantees, or agents.
8. PAYMENT
A. DISTRICT agrees to award GRANTEE a grant of twenty five thousand dollars ($25,000) for
the activities described in Attachment A, Work Plan. This fee shall be payable in three (3)
installments, as follows:
i) $8,333 upon DISTRICT's receipt of June 30, 2008 Progress Report and documentation of
completion of deliverables attributed to that progress report as listed in Attachment A,
Work Plan;
ii) $8,333upon DISTRICT's receipt of December 31, 2008 Progress Report and
documentation of completion of deliverables attributed to that progress report as listed in
Attachment A, Work Plan;
iii) $8,334 upon DISTRICT's receipt of the Final Report and documentation of completion
of deliverables attributed to the Final Report as listed in Attachment A, Work Plan.
B. GRANTEE shall carry out the work described on the Work Plan in accordance with the
Payment Schedule, and shall obtain DISTRICT's written approval of any changes or
modifications to the Work Plan or the Payment Schedule prior to performing the changed
work or incurring the changed cost. If GRANTEE fails to obtain such prior written approval,
DISTRICT, at its sole discretion, may refuse to provide funds to pay for such work or costs.
C. Payment will be made only to GRANTEE.
9. AUTHORIZED REPRESENTATIVE - GRANTEE shall continuously maintain a representative
vested with signature authority authorized to work with DISTRICT on all grant -related issues.
GRANTEE shall, at all times, keep DISTRICT informed as to the identity of the authorized
representative.
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Contract No. 2008-050
10. NOTICES - All notices that are required under this Agreement shall be provided in the manner
set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of
the person listed below, or to such other person or persons as may hereafter be designated by that
party in writing. Notice shall be in writing sent by e-mail, facsimile, or regular first class mail. In
the case of e-mail and facsimile communications, valid notice shall be deemed to have been
delivered upon sending, provided the sender obtained an electronic confirmation of delivery. E-
mail and facsimile communications shall be deemed to have been received on the date of such
transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST.
Otherwise, receipt of e-mail and facsimile communications shall be deemed to have occurred on
the following business day. In the case of regular mail notice, notice shall be deemed to have
been delivered on the mailing date and received five (5) business days after the date of mailing.
DISTRICT: Bay Area Air Quality Management District
939 Ellis Street San Francisco, CA 94109
Attn: Abby Young
Facsimile: (415) 749-4741
E-mail: ayoung@baaqmd.gov
GRANTEE: City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Attn: Linda Jackson
Facsimile: (415) 485-3184
E-mail: Linda.jackson@ci.san-rafael.ca.us
11. ADDITIONAL PROVISIONS - All attachment(s) to this Agreement are expressly incorporated
herein by this reference and made a part hereof as though fully set forth.
12. ACKNOWLEDGEMENTS - GRANTEE shall acknowledge DISTRICT support each time the
activities funded, in whole or in part, by this Agreement are publicized in any news media,
brochures, or other promotional material. The acknowledgement of DISTRICT support must
state: "This project has been funded in part by a grant from the Bay Area Air Quality
Management District." Initials or abbreviations for DISTRICT shall not be used.
13. ADVERTISING / PUBLIC EDUCATION - GRANTEE shall provide DISTRICT with copies of
all GRANTEE's public education or advertising materials related to the activities funded under
this Agreement in advance of GRANTEE's use of the materials.
14. FINANCIAL MANAGEMENT SYSTEM
A. GRANTEE shall be responsible for maintaining an adequate financial management system
and will immediately notify DISTRICT when GRANTEE cannot comply with the
requirements in this section.
B. GRANTEE's financial management system shall provide for:
i) Financial reporting: accurate, current, and complete disclosure of the financial results of
each grant in conformity with generally accepted principles of accounting, and reporting
in a format that is in accordance with the financial reporting requirements of the grant.
ii) Accounting records: records that adequately identify the source and application of funds
for DISTRICT -supported activities. These records must contain information pertaining to
grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays or expenditures and income.
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Contract No. 2008-050
iii) Internal control: effective internal and accounting controls over all funds, property and
other assets. GRANTEE shall adequately safeguard all such assets and assure that they
are used solely for authorized purposes.
iv) Budget control: comparison of actual expenditures or outlays with budgeted amounts for
each grant.
v) Allowable cost: procedures for determining reasonableness, allowability, and allocability
of costs generally consistent with the provisions of federal and state requirements.
vi) Source documentation: accounting records that are supported by source documentation.
vii) Cash management: procedures to minimize the time elapsing between the advance of
funds from DISTRICT and the disbursement by GRANTEE, whenever funds are
advanced by DISTRICT.
C. DISTRICT may review the adequacy of the financial management system of GRANTEE at
any time subsequent to the award of the grant. If DISTRICT determines that GRANTEE's
accounting system does not meet the standards described in paragraph B above, additional
information to monitor the grant may be required by DISTRICT upon written notice to
GRANTEE, until such time as the system meets with DISTRICT approval.
15. AUDIT / RECORDS ACCESS - GRANTEE agrees that DISTRICT shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of this
Agreement. GRANTEE agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated, or until
completion of any action and resolution of all issues which may arise as a result of any litigation,
dispute, or audit, whichever is later. GRANTEE agrees to allow the designated representative(s)
access to such records during normal business hours and to allow interviews of any employees
who might reasonably have information related to such records. Further, GRANTEE agrees to
include a similar right of DISTRICT to audit records and interview staff in any contract,
subcontract, or subgrant related to performance of this Agreement.
16. FORFEIT OF GRANT FUNDS / REPAYMENT OF FUNDS IMPROPERLY EXPENDED - If
grant funds are not expended, or have not been expended, in accordance with this Agreement, or
if real or personal property acquired with grant funds is not being used, or has not been used, for
grant purposes in accordance with this Agreement, DISTRICT, at its sole discretion, may take
appropriate action under this Agreement, at law or in equity, including requiring GRANTEE to
forfeit the unexpended portion of the grant funds and/or to repay to DISTRICT any funds
improperly expended.
17. COMPLIANCE - GRANTEE shall comply fully with all applicable federal, state, and local laws,
ordinances, and regulations in the performance of its duties and obligations under this Agreement.
GRANTEE shall ensure that the requirements of the California Environmental Quality Act are
met for any approvals or other requirements necessary to carry out the terms of this Agreement.
Any deviation from the requirements of this section shall result in non-payment of grant funds.
18. ASSIGNMENT - No party shall assign, sell, license, or otherwise transfer any rights or
obligations under this Agreement to a third party without the prior written consent of the other
party, and any attempt to do so shall be void upon inception.
19. WAIVER - No waiver of a breach, of failure of any condition, or of any right or remedy
contained in or granted by the provisions of this Agreement shall be effective unless it is in
writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any
breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not
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Contract No. 2008-050
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
Further, the failure of a party to enforce performance by the other party of any term, covenant, or
condition of this Agreement, and the failure of a party to exercise any rights or remedies
hereunder, shall not be deemed a waiver or relinquishment by that party to enforce future
performance of any such terms, covenants, or conditions, or to exercise any future rights or
remedies.
20. FORCE MAJEURE - Neither DISTRICT nor GRANTEE shall be liable for or deemed to be in
default for any delay or failure in performance under this Agreement or interruption of services
resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil
commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental
controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes
for labor or materials necessary for performance of the services, or other causes, except financial,
that are beyond the reasonable control of DISTRICT or GRANTEE, for a period of time equal to
the period of such force majeure event, provided that the party failing to perform notifies the
other party within fifteen calendar days of discovery of the force majeure event, and provided
further that that party takes all reasonable action to mitigate the damages resulting from the
failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to
party's own action or inaction, then such cause shall not excuse that party from performance
under this Agreement.
21. SEVERABILITY - If a court of competent jurisdiction holds any provision of this Agreement to
be illegal, unenforceable or invalid in whole or in part for any reason, the validity and
enforceability of the remaining provisions, or portions of them will not be affected.
22. HEADINGS - Headings on the sections and paragraphs of this Agreement are for convenience
and reference only, and the words contained therein shall in no way be held to explain, modify,
amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
23. DUPLICATE EXECUTION - This Agreement is executed in duplicate. Each signed copy shall
have the force and effect of an original.
24. GOVERNING LAW - Any dispute that arises under or relates to this Agreement shall be
governed by California law, excluding any laws that direct the application to another
jurisdiction's laws. Venue for resolution of any dispute that arises under or relates to this
Agreement, including mediation, shall be San Francisco, California.
25. ENTIRE AGREEMENT AND MODIFICATION - This Agreement represents the final,
complete, and exclusive statement of the agreement between the parties and supersedes all prior
and contemporaneous understandings and agreements of the parties. No party has been induced to
enter into this Agreement by, nor is any party relying upon, any representation or warranty
outside those expressly set forth herein. This Agreement may only be amended by mutual
agreement of the parties in writing and signed by both parties.
26. SURVIVAL OF TERMS - The provisions of sections 7 (Indemnification), 15 (Audit / Records
Access), and 16 (Forfeit of Grant Funds / Repayment of Funds Improperly Expended), shall
survive the expiration or termination of this Agreement.
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Contract No. 2008-050
IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly
executed on their behalf by their authorized representatives.
BAY AREA AIR QUALITY
MANAGEMENT DISTRICT
CITY OF SAN RAFAEL
By:k P.
troaGent By.n Nordhoff
]Executive Officer/APCO City nager
Date: Date:
Approved as to form:
District Counsel
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By.
Brian
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District Counsel
Approve
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ty Attorney
Attest: f-- -42Q4'e, "
Esther C. Beirne, City Clerk
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ATTACHMENT A
WORK PLAN
GRANTEE will prepare a Climate Change Action Plan, with significant involvement from
policy -makers and the community. The preparation of the Plan will include the formation of
a "Green Ribbon Committee" of local experts in areas of sustainability, economic
development, transportation, construction and building management, and education. An
extensive public outreach effort will engage the community in the selection of program
objectives and design of the implementation strategy.
Phase I: Framework Develooment
Task 1.1: Hire Planning Consultant
GRANTEE will hire a qualified professional consultant to assist GRANTEE in developing its
Climate Change Action Plan (CCAP).
Deliverable
1. CCAP consultant contract
Task 1.2: Establish Green Ribbon Committee & Green Teams
The City Council will appoint a Green Ribbon Com mittee through both direct invitations and
solicitation of applications from community members who have expertise in areas of
sustainability, environmental protection, energy conservation, waste reduction, public health,
transportation, economic development, and education. Through a series of educational and
brainstorming sessions and public meetings, the Com mittee will recommend a Climate
Change Action Plan for consideration by the City Council.
Community members wishing to be involved in the drafting of policy language and
implementation measures in the Climate Change Action Plan will be invited to participate on
a working group, or Green Team. The Green Teams will each work on a focused topic,
such as transportation, energy use, waste generation, sustainable products, and community
health. Organizations and agencies such as the Transportation Authority of Marin, Marin
County Transit District, BAAQMD, BCDC, Marin Municipal Water District, Marin Sanitary
Services, PG&E, Marin County Health & Human Services, and Kaiser Permanente will be
invited to participate in a Green Team.
Deliverables
1. List of Green Ribbon Committee members and Green Team members
2. Agendas and attendance lists from Green Ribbon Committee meetings
3. Agendas and attendance lists from Green Team session meetings
Task 1.3: Conduct Public Outreach
The community will be invited to participate in a Town Meeting, preferably in the Canal
District, to develop a common understanding of greenhouse gas emissions and impacts,
and to draft a vision and goals for the CCAP. An Open House will be held to present the
draft Plan for community review and comments. Both meetings will be widely advertised
with informational displays and facilitated discussion to ensure full participation.
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Contract No. 2008-050
A variety of means will be used to inform residents and business people about the planning
effort: dedicated website with a virtual vision component, email updates, City newsletter,
community presentations, civic group meetings and local events.
Deliverables
1. Agendas, attendance lists and presentations from public meetings
2. Copies of outreach materials (web pages, handouts, mailers, ads, etc.)
3. Town Meeting and Open H ouse summaries
Phase II: Climate Action Plan
Task 2.1: Develop Climate Change Action Plan
The planning consultant will develop the CCAP in close cooperation with the Green Ribbon
Committee, the Green Teams, the community in two public meetings (described in Task 1.3
above), and City staff. The CCAP will include detailed accounting of policies and programs
and their associated greenhouse gas (GHG) emission reductions, and how the aggregation
of these measures will achieve GRANTEE's stated GHG reduction target. Estimates of
GHG reductions will be included for each measure. The CCAP will cover the sectors in
ICLE I's approach to developing local c limate action plans: the city organization's facilities,
operations, fleet and solid waste; and community -wide emissions from residential,
commercial, industrial, transportation and solid waste. The CCAP will include mandatory
targets for GHG reductions in c ity operations. The CCAP will include a detailed
implementation strategy including identification of legislative and budgetary actions required,
departmental and coordinating staff responsibilities, and tracking and reporting of progress
as the plan is implemented.
Deliverable
1. Draft Climate Change Action Plan
Task 2.2: Accept Climate Change Action Plan
The City Council will accept the Climate Change Action Plan and will direct staff to consider
the recommendations for adoption in the update to San Rafael General Plan 2020, and to
report routinely on progress in implementing the Plan. It is anticipated that climate change
policies will result in amendments to the Conservation, Circulation, Air and Water Quality
and Infrastructure elements.
Deliverable
1. Acceptance of the final CCAP by the City Council
Phase III: Renortinq
Task 3.1 Reporting to District
The City will develop and submit two Progress Reports and one Final Report to the District,
following the format provided by the District and including documentation of completion of
deliverables (see table below).
Deliverables
1. Two Progress Reports
2. Final Grant Report
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Contract No. 2008-050
Reporting Schedule
The following is a schedule for filing progress and final reports as required by the District.
Documentation of completed deliverables must be included with reports as specified below
before payment will be released. Determination of whether a deliverable has been
completed is at the sole discretion of the District. Report format requirements will be
provided separately. Progress and final reports and their associated invoices may be
submitted prior to the due dates shown in the table below, provided all required deliverables
have been completed and documentation of their completion is included in the report. The
District will not pay for work completed prior to contract execution.
TASKS DOCUMENTATION OF COMPLETED
DELIVERABLES
Progress Report 9: June 30, 2008 Invoice not to Exceed $8,333
Task 1.1: Secure Planning Consultant 1. CCAP consultant contract
Task 1.2: Establish Green Ribbon 2. List of Green Ribbon Committee members and
Committee & Green Teams Green Team members
Progress Report 2: Dec 39, 2008 Invoice not to Exceed $8,333
Task 1.2: Establish Green Ribbon 1. Agendas and attendance lists from Green Ribbon
Committee & Green Teams Committee meetings
2. Agendas and attendance lists from Green Team
session meetings
Task 1.3: Conduct Public Outreach 3. Agendas, attendance lists and presentations from
public meetings
4. Copies of outreach materials
5. Town Meeting and Open House summaries
Task 2.1: Develop Climate Change 6. Draft Climate Change Action Plan
Action Plan
Final Report 3: June 30, 2009 Invoice not to Exceed $8,334
Task 2.2: Present Climate Change 1. Final Climate Change Action Plan
Action Plan
CONTRACT TOTAL COST NOT TO EXCEED: $25,000
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Contract No. 2008-050