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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. Pagel of 9 !t'Ahibrt I U 4, _:,,v: 1 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. Page 2 of 9 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. Page 3 of 9 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 Page 4 of 9 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. Page 5 of 9 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 �n By. Brian rian C. Buer ... g District Counsel Approve LE R%G ty Attorney Attest: f-- -42Q4'e, " Esther C. Beirne, City Clerk �r Page 6 of 9 -'� 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. Page 7 of 9 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 Page 8 of 9 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 Page 9 of 9 Contract No. 2008-050