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HomeMy WebLinkAboutCM Research in Support of Sea Level Rise Planning Grant; L8.0040.A1 v. June 13, 2025 Page 1 AMENDMENT TO COLLABORATIVE RESEARCH AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND THE REGENTS OF THE UNIVERISTY OF CALIFORNIA FOR RESEARCH IN SUPPORT OF SEA LEVEL RISE PLANNING GRANT Original Agreement Execution Date: January 16, 2024 Contract No. N/A Amendment No. 1 THE ABOVE-NAMED AGREEMENT is hereby amended by the parties as set forth herein by the checked boxes below and is effective on _____________________. ☐ SCOPE OF WORK: The Scope of Work is hereby amended in Exhibit A-__, attached hereto and incorporated by reference. ☐ COMPENSATION: The parties agree to increase the not-to-exceed amount by $____________, and to increase the total not-to-exceed amount under the Agreement to $_________________. ☒ TERM OF AGREEMENT: For University to perform the additional or amended work described herein, the term of this Agreement shall be extended to January 31, 2026. Except as specifically amended herein, all other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 For City Clerk Use Only: Exp. 01/31/2026 August 31, 2025 L8.0040.A1 v. June 13, 2025 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment on the day, month, and year first specified below. CITY OF SAN RAFAEL: _________________________________ ________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM: Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST: City Clerk _________________________________ ________________________________, _________________________________ UNIVERSITY: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ ACKNOWLEDGED BY: __________________________________ By: ____________________________ Name: ____________________________ Title: _____________________________ Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Jeffrey Bui Contract and Grant Officer The Regents of the University of California Mark Stacey University of California, Berkeley ProfessorChief Assistant City Attorney Andrea Visveshwara August 31, 2025 City Manager Cristine Alilovich City Clerk Lindsay Lara CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. All following documents are attached as reference material. RESPONSIBLE PARTY DESCRIPTION COMPLETED Project Manager Email PINS insurance request to Contractor ☐ City Attorney’s Office Review, revise as needed, and approve agreement as to form Department Director Review and approve agreement Risk Management Confirm insurance documentation is complete Finance Review and sign off on funding availability TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Project Manager: Contractor Name: Contractor’s Contact: Contact’s Email: City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700 Kate Hagemann Mark Stacey University of California Berkeley City Manager's - Sustainability X mstacey@berkeley.edu X Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Rev. 08.22 1 COLLABORATIVE RESEARCH AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This Agreement is made and entered into as of ___January 16, 2024_ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a 501(c)(3) corporation (hereinafter "UNIVERSITY"). CITY and UNIVERSITY may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.” RECITALS A. CITY is in receipt of a grant from the Governor’s Office of Planning and Research for $644,200.95 for the San Rafael Climate Adaptation Planning Collaborative study. B. CITY desires to collaborate with UNIVERSITY more fully described in this Agreement, at Exhibit A, entitled “SCOPE OF WORK” to help successfully implement a project supported by grant funds from the Governor’s Office of Planning and Research; and C. UNIVERSITY represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to collaborate on the project with CITY; and D. The Parties have specified herein the terms and conditions under which such research will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT 1. RESEARCH TO BE PERFORMED. Except as otherwise may be expressly specified in this Agreement, UNIVERSITY shall perform all research, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Research”) to satisfactorily complete the project with CITY at its sole risk and expense. Research to be performed with CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” UNIVERSITY acknowledges that the execution of this Agreement by CITY is predicated upon representations made by UNIVERSITY in that certain proposal (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 2 2. COMPENSATION. In consideration for UNIVERSITY’s performance of Research, CITY shall pay UNIVERSITY for all research performed by UNIVERSITY in accordance with the budget, as set forth in Exhibit A, for a total amount not to exceed $193,500. UNIVERSITY will bill City on a monthly to quarterly basis for Research performed by UNIVERSITY during the preceding month or quarter. CITY will pay UNIVERSITY within thirty (30) days of City’s receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 16, 2024 and terminate on August 30, 2025. 4. PROJECT COORDINATION. A. CITY’S Project Manager. The City’s Climate Adaptation and Resilience Planner is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. UNIVERSITY’S Project Director and Authorized Official. UNIVERSITY shall assign a PROJECT DIRECTOR to have overall responsibility for the research performed by UNIVERSITY. Mark Stacey is hereby designated as the PROJECT DIRECTOR for UNIVERSITY. University shall assign an Authorized Official for the administration of the award. Jeffrey Bui is hereby designated as the AUTHORIZED OFFICIAL. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the UNIVERSITY shall notify the CITY within thirty (30) days of the substitution. 5. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. In the event of such termination, CITY shall pay UNIVERSITY for all expenses incurred and uncancellable obligations committed to prior to the termination date. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 3 D. Return of Documents. Upon termination, any and all CITY documents or materials provided to UNIVERSITY and any and all of UNIVERSITY's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than sixty (60) days after termination. 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the UNIVERSITY in connection with the performance of its duties under this Agreement, shall be the sole property of UNIVERSITY. UNIVERSITY shall grant to CITY a non-exclusive, royalty free, non-transferrable, worldwide license to use said property for its internal non-commercial purposes and to meet its reporting obligations to the prime sponsor. This provision has no effect on CITY’S obligation to public disclosure including under California’s Public Records Act. 7. INSPECTION AND AUDIT. Upon reasonable written notice, UNIVERSITY shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by UNIVERSITY in connection with its performance of its duties under this Agreement. UNIVERSITY shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, UNIVERSITY shall maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. UNIVERSITY shall defend, indemnify and hold CITY, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UNIVERSITY, its officers, agents or employees. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 4 CITY shall defend, indemnify and hold UNIVERSITY, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CITY, its officers, agents or employees. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. UNIVERSITY shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. UNIVERSITY shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. UNIVERSITY shall perform all research under this Agreement in accordance with these laws, ordinances, codes and regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and UNIVERSITY do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 5 To CITY’s Project Manager: Katherine Hagemann, Climate Adaptation and Resilience Planner 1400 Fifth Avenue San Rafael, CA 94901 To UNIVERSITY’s Project Director for technical matters: Mark Stacey, Professor, Civil & Environmental Engineering 760 Davis Hall Berkeley, CA 94720-1710 To UNIVERSITY’s Authorized Official for administrative matters: Jeffrey Bui Contract and Grant Officer Sponsored Projects Office 1608 Fourth Street, Suite 220 Bekeley, CA 94710 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, UNIVERSITY, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. UNIVERSITY and CITY expressly intend and agree that the status of UNIVERSITY, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the UNIVERSITY and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the UNIVERSITY and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 6 17. SET-OFF AGAINST DEBTS. UNIVERSITY agrees that CITY may deduct from any payment due to UNIVERSITY under this Agreement, any monies which UNIVERSITY owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. UNIVERSITY shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and UNIVERSITY shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until UNIVERSITY has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 7 each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the following page.] Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: _________________________________ CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney _________________________________ By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk _________________________________ LINDSAY LARA, City Clerk UNIVERSITY: __________________________________ Jeffrey Bui Contract and Grant Officer ACKNOWLEDGED BY: __________________________________ Mark Stacey Professor, Civil and Environmental Engineering Cristine Alilovich (Mar 13, 2024 11:17 PDT) Cristine Alilovich insa4 ara (Mar 13, 2024 12:03 PDT) 2inGsD\ 2DrD Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Rev. 08.22 B-1 EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by UNIVERSITY under this Agreement are more fully described in UNIVERSITY’s proposal, which is attached to this Exhibit A. UC Berkeley’s Scope of Work, Budget, and Timelines Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Sponsored Projects Office University of California, Berkeley 1608 4th Street, Suite 220 Berkeley, CA 94710-5940 Principal Investigator: Mark Stacey Sponsor: City of San Rafael Project Title: San Rafael Climate Adaption Planning Collaborative Reference: 37694 Please accept the enclosed proposal submitted on behalf of The Regents of the University of California Berkeley campus. Should this proposal be selected for funding, award documents should be issued using the information provided below. Please contact the undersigned if you have any questions or need additional information regarding this proposal. Endorsed for the Regents by: For Jeffrey Bui Contract and Grant Officer Phone: (510) 643-2734 Fax: (510) 642-8236 Email: jeffreybui@berkeley.edu AWARDS SHOULD BE MADE TO: The Regents of the University of California c/o Sponsored Projects Office University of California, Berkeley 1608 4th Street, Suite 220 Berkeley, CA 94710-5940 email address for electronics awards: spoawards@berkeley.edu Main Office: (510) 642-0120 Fax: (510) 642-8236 Website: http://spo.berkeley.edu CHECKS SHOULD BE MADE PAYABLE TO: The Regents of the University of California CHECKS SHOULD BE SENT TO: Contracts & Grants Accounting attn: Elizabeth Chavez, Interim CGA Director University of California, Berkeley 2195 Hearst Avenue, Room 130 Berkeley, CA 94720-1103 Telephone: 510/643-4246 Fax: 510/643-8997 Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 UC Berkeley Subcontract to City of San Rafael Period: September 1, 2023 – August 31, 2025 Total Budget: $193,500 Indirect cost rate: 20% Overview The City of San Rafael (“the City”) has received a grant from the California Governor’s Office of Planning and Research (OPR) as part of the Adaptation Planning Grant Program to address climate vulnerabilities in the Canal Neighborhood. PIs Stacey and Hill from UC Berkeley will be subcontractors to the City with total budget of $193,500 and an indirect cost rate of 20% (per OPR requirements – see below). The project period will be September 1, 2023 through August 31, 2025. Reporting to OPR will be led by the City, and will include roughly annual reports requiring input from project partners. Other partners on the project include two community-based organizations in the Canal Neighborhood, Canal Alliance and the Multicultural Center of Marin. City of San Rafael Program Manager: Kate Hagemann, kate.hagemann@cityofsanrafael.org Berkeley Scope of Work UC Berkeley’s contributions to this project will include expert review of adaptations plans by PIs Stacey and Hill as well as two additional focal activities: Dynamic modeling of multi-hazard flooding The Canal Neighborhood in San Rafael sits on the edge of San Francisco Bay and is, to great extent, at an elevation below current high tide levels. The neighborhood is protected today by a mosaic of ad hoc levees, barriers and other structures that keep out high tides, but do not protect against rising groundwater levels, nor are they likely to be sufficient under future scenarios of sea level rise. In this task, Berkeley researchers will develop dynamic models to describe future groundwater levels and salinity (using MODFLOW), and surface water flooding from the Bay and from upland flows (using Deltares models). A range of future scenarios for bay water levels, land subsidence, and precipitation will be used to define the set of model calculations performed. Our projections will quantify future risks to the Canal Neighborhood and its infrastructure systems, and will be used to evaluate the adaptation plans that are developed through the City’s community-engaged deliberations. Student engagement In this second area of activity, UC Berkeley undergraduates will have the opportunity to engage with middle and high school students from the Canal Neighborhood to describe, both qualitatively and quantitatively, climate vulnerabilities due to bayfront flooding from both surface and ground waters. Undergraduate students will be recruited by PIs Stacey and Hill, and will receive small stipends to cover any expenses associated with the engaged work in San Rafael. Training on effective community engagement will be provided by staff with required expertise in Civil and Environmental Engineering. The middle and high school students from the Canal Neighborhood will be recruited by the Canal Alliance through their UP! (University Prep) program, which provides support for local students as they navigate high school and apply to college. The Berkeley and Canal Neighborhood students will work together to monitor flooding events and infrastructure conditions through the use of images and detailed local measurements (water depth, salinity, etc.). We would expect two study periods: a summer “king tide” event (late June) and a winter high water event (combined high tides and precipitation). In each period, Berkeley students would travel to the Canal Neighborhood and spend a day surveying and monitoring conditions in the neighborhood. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 1 Budget Justification A. SENIOR PERSONNEL: Principal Investigator: Professor Mark Stacey will be the Principal Investigator (PI) of this project and will advise the development of the quantitative models by Civil and Environmental Engineering (CEE) graduate students and provide expert input on the City’s adaptation plans. He will commit one day during the summer month per year over the 2-year project period. Co-I: Professor Kristina Hill, at the University of California, Berkeley will commit one day during the summer month per year over the 2-year project period and will advise on the appropriate use of the quantitative models for risk and scenario evaluation by graduate students in Landscape Architecture and Environmental Planning (LAEP) and provide expert input on the City’s adaptation plans. If time allows, adaptation proposals may be evaluated using the MODFLOW and Deltares models as future scenarios. Total: $3,633. The University definition of a “Year” (effective April 1, 2019) for budgeting and management of senior personnel compensation is the fiscal year (July 1 to June 30). B. OTHER PERSONNEL: Graduate Student Researcher (GSR): Two GSRs requested: the CEE graduate student would apply MODFLOW and Deltares models to the Canal Neighborhood domain. This will include integrating existing data on topography and current groundwater levels, linking to SF Bay water levels as a boundary condition, and evaluating the role that precipitation and runoff may play in inundation of the Canal Neighborhood. Requesting 50% effort during one academic semester in year one and 100% effort for the summer semesters in year one and year two. The second GSR, the LAEP graduate student will use outputs from the quantitative surface and groundwater models (MODFLOW and Deltares) to develop adaptation plan alternatives that the City and its community partners can use during community-engaged deliberations and discussions. The LAEP student will consider broader context for the adaptation plans, including how the neighborhood connects with other parts of San Rafael and the broader Bay Area. Requesting 50% effort during one academic semester in year one and 100% effort for the summer semesters in year one and year two. Total: $102,642 CEE Community Engagement Staff: will commit to 9% effort for 12 months each year to train Berkeley undergraduates in effective community engagement and to partner with the Canal Alliance during the engaged activities. Total: $18,798. Salaries are based on 04/30/2023 actual salaries and are projected to include a 4% annual cost-of- living adjustment (and merit, if applicable) effective each year. C. FRINGE BENEFITS: Requesting total of $32,655 The University of California, Berkeley Composite Fringe Benefit Rates (CFBR) have been reviewed and federally approved by the Department of Health and Human Services (DHHS) effective 07/01/2020 for use by all fund sources for UC Berkeley’s FY21. Rates beyond June 30, 2021 are estimates and are provided for planning purposes only. Future CFBR rates are subject to review and approval by DHHS on an annual or bi-annual basis. Fringe benefits are assessed as a percentage of the respective employee’s salary. The benefit rates are as follows: Proposed UCB Composite Benefit Rates (1/2023) Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 2 Approved Proposed Projections for Planning Purposes ⟶ CBR Rate Group FY20 FY21 FY22 FY23 FY24 FY25 FY26 Academic 36.5% 35.9% 35.9% 35.4% 34.4% 34.4% 34.4% Staff 45.5% 45.9% 43.8% 42.8% 42.8% 42.8% 42.8% Limited (includes Postdocs) 17.4% 16.4% 14.4% 14.0% 12.2% 12.2% 12.2% Employees with No Benefit Eligibility 5.6% 5.5% 4.2% 5.3% 5.4% 5.4% 5.4% Students (Graduate and Undergraduate) 2.4% 2.4% 2.6% 2.8% 2.3% 2.3% 2.3% For more information, please see: https://cfo.berkeley.edu/composite-benefit-rates- facilitiesadministrative-costs The University of California provides full remission of tuition, fees, and graduate student health insurance to all graduate students who are employed on-campus 45% time or greater during the academic year. For FY23-24, the rate of in-state remission is $10,825.75 per GSR per semester, which is escalated annually in the budget at a rate of 4% each year. Additional information regarding the fee remission program can be found at: https://grad.berkeley.edu/financial/fee- remissions/. Total: $21,652 D. EQUIPMENT: N/A E. TRAVEL: N/A F. PARTICIPANT SUPPORT COSTS: Undergraduate Student Researchers (TBD): Twenty undergraduates from UC Berkeley will participate in each of the two site survey days (40 total student-days). We are budgeting $137/day for their expenses, including food, and as a small stipend. Students will make their way to the Canal Neighborhood of San Rafael in the morning (public transportation or carpooling), spend the day walking the neighborhood, collecting images, and taking measurements, then return to Berkeley. Total: $5,480 G. SUBAWARDS: N/A H. OTHER DIRECT COSTS: A total of $2,564 for the General, Automobile, and Employment Liability (GAEL) charge, instituted in 1998 to fund the campus's share of expenses associated with claims and lawsuits defended by the University. It is essentially a payroll tax. For FY2023-24, the GAEL charge is $1.75 per $100 of payroll. This applies to all funds, including gifts and grants, with the exception of direct federal contracts, grants, and flow-throughs I. INDIRECT COSTS: The Research Grant Program Office has the indirect cost (IDC) rate capped at 20% on a modified total direct cost basis (MTDC) and is included in the total award amounts for each award type. Modified total direct costs exclude equipment, capital expenditures, charges for patient care, student tuition remission, participant support, rental costs of off-site facilities, scholarships, and fellowships as well as the portion of each subgrant and subcontract in excess of $25,000. For more information, please see: http://spo.berkeley.edu/policy/fa.html Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Principal Investigator (Last, First):MARK STACEY Exhibit B 9/1/2023 to 8/31/2025 Ver.13.4 7/23 From:9/1/2023 9/1/2024 To:8/31/2024 8/31/2025 BUDGET CATEGORY Year 1 Year 2 TOTAL PERSONNEL: Salary and fringe benefits(less tuition) 79,512$ 56,716$ 136,228$ TRAVEL -$ -$ -$ MATERIALS & SUPPLIES 4,250$ 3,794$ 8,044$ EQUIPMENT -$ -$ -$ CONSULTANT -$ -$ -$ SUBRECIPIENT(S)*-$ -$ -$ OTHER DIRECT COSTS (ODC) Tuition 21,652$ -$ 21,652$ Server Maint. -$ -$ -$ TOTAL DIRECT COSTS 105,414$ 60,510$ 165,924$ Indirect (F&A) Costs F&A Base MTDC 80,946$ 57,693$ 138,640$ Indirect (F&A) Costs*20%16,189$ 11,539$ 27,728$ TOTAL ESTIMATED COSTS PER YEAR 121,528$ 71,972$ 193,500$ COMPOSITE BUDGET: ESTIMATE FOR ENTIRE PROPOSED PROJECT PERIOD TOTAL ESTIMATED COSTS FOR PROPOSED PROJECT PERIOD Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Mark T. Stacey Henry & Joyce Miedema Professor and Chair Civil & Environmental Engineering Department Berkeley, CA 94720-1710 mstacey@berkeley.edu EDUCATION: 1996 Ph.D. Civil Engineering, Stanford University Environmental Fluid Mechanics and Hydrology 1993 M.S. Civil Engineering, Stanford University Environmental Fluid Mechanics and Hydrology 1991 B.A.S. Stanford University Dual degree in Physics and Political Science ACADEMIC HISTORY: 7/18- Department Chair, Civil and Environmental Engineering Department, UC-Berkeley 7/09- Professor, Civil and Environmental Engineering Department, UC-Berkeley 7/04-6/09 Associate Professor, Civil and Environmental Engineering Department, UC-Berkeley 7/99-6/04 Assistant Professor, Civil and Environmental Engineering Department, UC-Berkeley 1/99-6/99 Assistant Research Engineer and Lecturer, Civil and Env. Eng. ,UC-Berkeley 4/97-12/98 Post-Doctoral Scholar, Integrative Biology Dept., University of California, Berkeley 3/98-6/98 Lecturer, Civil and Environmental Engineering Department, Stanford University 9/91-9/96 Research Assistant, Stanford University CAMPUS LEADERSHIP ROLES Chair, Berkeley Graduate Council; 2011-2014 Chair, Berkeley Undergraduate Council; 2016-2018 Chair, Berkeley Civil and Environmental Engineering Department; 2017, 2018-Present Co-Chair, Berkeley Signature Initiative “Environmental Change, Sustainability, and Justice”; 2018-19 REFEREED PUBLICATIONS (RECENT): Lubell, M., Stacey, M., and Hummel, M.A. (2021) Collective action problems and governance barriers to sea-level rise adaptation in San Francisco Bay. Climatic Change. 167:46, 25pp. Hummel, M. and Stacey, MT (2021) Assessing the influence of shoreline adaptation on tidal hydrodynamics: The role of shoreline typologies. Journal of Geophysical Research. 126(2), e2020JC016705. Hummel, M., Siwe, A.T., Chwo, A.C.H., Stacey, M.T., and Madanat, S. (2020) Interacting Infrastructure Disruptions Due to Environmental Events and Long-Term Climate Change. Earth’s Future. In press. #2020EF001652R. Zhou, J., Stacey, M.T., Holleman, R.C., Nuss, E., and Senn, D.B. (2020) Numerical Investigation of Baroclinic Channel-Shoal Interaction in Partially Stratified Estuaries. Journal of Geophysical Research: Oceans, 125(4), 18pp. Jia, G., Wang, R.Q., and Stacey, M.T. (2019) Investigation of impact of shoreline alteration on coastal hydrodynamics using Dimension Reduced Surrogate based Sensitivity Analysis, Advances in Water Resources 126, 168-175. Allen, R.M., Lacy, J.R., Stacey, M.T., and Variano, E.A., (2019) Seasonal, Spring-Neap, and Tidal Variation in Cohesive Sediment Transport Parameters in Estuarine Shallows. Journal of Geophysical Research: Oceans 124 (11), 7265-7284. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 CV, Mark T. Stacey Page 2 Hoang, O, Stacey, M., Senn, D., Holleman, R. and MacVean L. (2019) Longitudinal Versus Lateral Estuarine Dynamics and Their Role in Tidal Stratification Patterns in Lower South San Francisco Bay, Journal of Geophysical Research: Oceans 124 (8), 5888-5906 Chou, Y.J.,, Nelson, K.S., Holleman, R.C., Fringer, O.B., Stacey, M.T., Lacy, J.R., Monismith, S.G., and Koseff, J.R. (2018) Three-dimensional modeling of fine sediment transport by waves and currents in a shallow estuary. Journal of Geophysical Research: Oceans 123 (6), 4177-4199. Hummel, M., Wood, N., Schweikert, A., and Stacey, M.T. (2018) Clusters of community exposure to coastal flooding hazards based on storm and sea level rise scenarios: Implications for adaptation networks in the San Francisco Bay Region. Regional Environmental Change 18(5), 1343-1355. Wang, R. Q., Stacey, M. T., Herdman, L. M. M., Barnard, P. L., & Erikson, L. (2018). The Influence of Sea Level Rise on the Regional Interdependence of Coastal Infrastructure. Earth's Future 6(5), 677-688. Hummel M., Berry, M.S. and Stacey, M.T. (2018) Sea level rise impacts on wastewater treatment systems along the U.S. Coasts. Earth's Future 6(4), 622-633. Allen, R.M., Simeonov, J., Calantoni, J.C., Stacey, M.T., and Variano, E.A. (2018) Turbulence in the presence of Internal Waves in the Bottom Boundary Layer of the California Inner Shelf. Ocean Dynamics 68(4-5), 627-644. Wang, R.Q., Herdman, L.M., Erikson, L., Barnard, P., Hummel, M., and Stacey M.T. (2017) Interactions of Estuarine Shoreline Infrastructure with Multiscale Sea-level Variability. Journal of Geophysical Research: Oceans. 122(12), 9962-9979. Lucas, L. V., Cloern, J. E., Thompson, J. K., Stacey, M. T., & Koseff, J. R. (2016). Bivalve Grazing Can Shape Phytoplankton Communities. Frontiers in Marine Science, 3, 14. Williams, M. E., & Stacey, M. T. (2016). Tidally discontinuous ocean forcing in bar-built estuaries: The interaction of tides, infragravity motions, and frictional control. Journal of Geophysical Research: Oceans, 121(1), 571-585. Chou, Y. J., Holleman, R. C., Fringer, O. B., Stacey, M. T., Monismith, S. G., & Koseff, J. R. (2015). Three-dimensional wave-coupled hydrodynamics modeling in South San Francisco Bay. Computers & Geosciences, 85, 10-21. Brand, A., J. R. Lacy, S. Gladding, R. Holleman, and M. Stacey (2015). Model-based interpretation of sediment concentration and vertical flux measurements in a shallow estuarine environment, Limnology and Oceanography, 60, 463–481. Becherer, J., Stacey, M. T., Umlauf, L., & Burchard, H. (2015). Lateral circulation generates flood tide stratification and estuarine exchange flow in a curved tidal inlet. Journal of Physical Oceanography, 45(3), 638-656. Holleman, Rusty C., and Mark T. Stacey. "Coupling of sea level rise, tidal amplification, and inundation." Journal of Physical Oceanography. 44.5 (2014): 1439-1455. Moniz, R. J., Fong, D. A., Woodson, C. B., Willis, S. K., Stacey, M. T., & Monismith, S. G. (2014). Scale-dependent dispersion within the stratified interior on the shelf of northern Monterey Bay. Journal of Physical Oceanography, 44(4), 1049-1064. Lacy, Jessica R., et al. "Lateral Baroclinic Forcing Enhances Sediment Transport from Shallows to Channel in an Estuary." Estuaries and Coasts (2014): 1-20. Giddings, S.N., Monismith, S.G., Fong, D.A., and Stacey, M.T. (2014) Using depth-normalized coordinates to examine mass transport residual circulation in estuaries with large tidal amplitude relative to the mean depth. J. Phys. Oceanogr., v.44(1), pp.128-148. Holleman, R.C. and Stacey M.T. (2013) Transient dispersion regimes. J. Fluid Mech. v.736, pp.130-149. Hsu, K., Stacey M.T. and Holleman R.C. (2013) Exchange between an Estuary and an Intertidal marsh and Slough. Estuaries and Coasts. v.36(6), pp.1137-1149. Moniz, Ryan J., Fong, D. A., Woodson, C. B., Willis, S. K., Stacey, M. T., & Monismith, S. G. (2013) Scale-dependent dispersion within the stratified interior on the shelf of northern Monterey Bay. Journal of Physical Oceanography. Brown, L.R., Bennett, W.A., Wagner, R.W., Morgan-King, T., Knowles, N., Feyrer, F., Schoellhamer, D.H., Stacey, M.T., and Dettinger, M. (2013) Implications for future survival of delta smelt from four Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 CV, Mark T. Stacey Page 3 climate change scenarios for the Sacramento-San Joaquin Delta, California. Estuaries and Coasts, v.36(4), pp.754-774. INVITED PRESENTATIONS: “The Future of Estuarine Shorelines: Ecosystems, People, and Infrastructure”, UCLA Environmental Engineering Seminar Series, February 4, 2020. “The Opportunity for Coordination in Addressing Rising Water in the Bay Area”, Silicon Valley Leadership Group, February 20, 2019. “Natural Hazards, Climate Change, and the Built Environment”, Science2Action Panel, Exploratorium Museum, San Francisco, September 11, 2018. “Future San Fra ncisco Bay Shorelines and Regional Interdependence”, Series of Lectures around Bay Area: Bay Area Regional Collaborative Board Meeting, June 15, 2018; Bay Conservation and Development Commission Working Group Meeting, June 19, 2018; San Francisco Airport, August 9, 2018. “Sea Level Rise and Coastal Communities: Climate Adaptation and Regional Interdependence”, UC-Irvine Environmental Engineering Seminar Series, May 12, 2017. Series of three lectures as Ian Morris Scholar in Residence, Horn Point Laboratory, Unversity of Maryland Center for Environmental Science, May 24, 25 and 26, 2016. Titles: “Against the Tide: Sea Level Rise and Coastal Community Resilience”, “Climate Change and Estuarine Ecosystems: Whither Estuarine Physics?”, “Shoreline Infrastructure and Tidal Resonance: Amplification versus Dissipation” Various talks on Sea Level Rise in San Francisco Bay. Presented to the Coastal Hazards Adaptation and Resilience Group (CHARG), the Bay Conservation and Development Commission (BCDC), the Regional Water Quality Control Board (RWQCB), South Bay Shorelines Workshop, and Point Blue Conservation. 2016-17. “Climate Change, Sea Level Rise, and San Francisco Bay: Threats to a U.S. West Coast Estuary.” 13th Symposium Waddenacademie, Leeuwarden, Netherlands. December 11, 2014. PROFESSIONAL SERVICE (RECENT): Coastal Master Plan Predictive Models Technical Advisory Committee, Louisiana Gulf Coast Master Plan Development, 2019-Present Technical Advisory Committee, San Francisco Estuary Institute, 2018-2020 Coastal Hazards Adaptation Research Group (CHARG), Steering Committee, 2019-2020 South Bay Salt Pond Restoration, Technical Advisory Committee, 2017-2020 AWARDS: 2017 Henry and Joyce Miedema Chair, UC-Berkeley 2016 Ian Morris Scholar in Residence, University of Maryland Center for Environmental Science 2010 Nicholas P. Fofonoff Award, American Meteorological Society 2006 UPS Visiting Professor, Stanford University 2005 Elected Chair/Vice Chair, Gordon Research Conference on Coastal Ocean Circulation (Vice Chair in 2009; Chair in 2013) 2004 “Best Professor” Award, ASCE Student Chapter, UC-Berkeley 2001 National Science Foundation, Faculty Early Career Development (CAREER) Award Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Curriculum Vitae Kristina Elizabeth Hill 2023 Education Dates Details 1997 Ph.D. in Landscape Architecture with a minor in Ecology, Harvard University 1990 MLA with Distinction, Landscape Architecture, Harvard University 1985 BS, magna cum laude, Geology, Tufts University Employment History Dates Details 07/1990 – 06/1992 Assistant Professor, Department of Landscape Architecture, Iowa State University, Amesa 07/1993 - 06/1997 Assistant Professor, Department of Urban Studies and Planning, Massachusetts Institute of Technology (City Design Group), Cambridge 07/1997 - 06/2006 Associate Professor, Department of Landscape Architecture, University of Washington, Seattle 07/2007 - 06/2012 Chair and Associate Professor, Department of Landscape Architecture, University of Virginia, Charlottesville 07/2012 – present Associate Professor, Department of Landscape Architecture and Environmental Planning, University of California, Berkeley 07/2021 - present Director, Institute of Urban and Regional Development, College of Environmental Design, UC Berkeley Public Agency Leadership 2005 Chair, Board of Directors, Seattle Popular Monorail Authority 1998-2004 Vice Chair, Board of Directors, Seattle Popular Monorail Authority (part-time) Book Johnson, B., and K. Hill (eds.), Ecology and Design: Frameworks for Learning, Island Press, 2002. Book manuscript in preparation Hill, K., Adapting to sea level rise in cities (tentative title). This manuscript is being prepared for UC Berkeley Press, Peer-reviewed publications Hirschfeld, D. and K. Hill, “The landscape of sea level rise adaptation resources: Applying grounded theory in California,” Climate Services, September 2022. Kauffman, N. and K. Hill, “Climate change, adaptation planning, and institutional integration: A literature review and framework,” Sustainability 13 (19), 2021. Hirschfeld, D., Kristina E. Hill and Ellen Plane, “Adapting to Sea Level Rise: Insights from a New Evaluation Framework of Physical Design Projects,” Coastal Management, DOI: 10.1080/08920753.2021.1967563, 2021. Hirschfeld, D., Kristina E. Hill, Bruce Riordan, “The Regional Fingerprint: A new tool to evaluate adaptive capacity,” Environmental Science and Policy (112) 36–46, 2020. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Plane, E., K. Hill and C. May, “A Rapid Assessment Method to Identify Potential Groundwater Flooding Hotspots as Driven by Sea Level Rise in Coastal Cities,” Water (11) 2019. Hirschfeld, D.; Hill, K.E., “Choosing a Future Shoreline for the San Francisco Bay: Strategic Coastal Adaptation Insights from Cost Estimation.” J. Mar. Sci. Eng. (5) 42, 2017. Hill, K., “Climate change: Implications for the assumptions, goals and methods of urban environmental planning,” Urban Planning 1(4):103-113, December 2016. Hill, K., “Coastal infrastructure: A typology for the next century of sea level rise,” Frontiers in Ecology and Environment 13:468-476, November 2015. Stevens, R., K. Hill, N. Burgess and A. Grady, "New Beach Designs as Urban Adaptation to Sea Level Rise," Landscape Research Record 1: 176-187, 2014. Novotny, V., and K. Hill, “Diffuse pollution abatement - a key component in the integrated effort towards sustainable urban basins,” Water Science and Technology 56 (1) 1-9, 2007. Alberti, M., D. Booth, K. Hill, C. Avolio, B. Coburn, S. Coe, and D. Spirandelli, “The impact of urban patterns on aquatic ecosystems: An empirical analysis in Puget lowland sub-basins." Landscape and Urban Planning. Volume 80, Issue 4, pp. 345-361, 2007. K. Hill and M. Binford, “The Role of Category Definition in Habitat Models: Pra ctical and Logical Limitations of Using Boolean, Indexed, Probabilistic, and Fuzzy Categories,” Chapter 7 in Predicting Species Occurrences: Issues of Accuracy and Scale, ed. M. Scott (Washington DC: Island Press, 2002). K. Hill, D. White, S. Schauman, M. Maupin, “In Expectation of Relationships,” in Ecology and Design, ed. B. Johnson and K. Hill (Washington, D.C.: Island Press, 2002), 271–303. Steingraber, S., and K. Hill, “Design and planning as healing arts: the broader context of health and environment,” in Ecology and Design, ed. B. Johnson and K. Hill (Washington, D.C.: Island Press, 2002), 203-214. Hill, K., “Ring parks as inverted dikes,” Landscape Journal, Special Issue 17, 31-21, 1998. Hill, K., “Gender, Moral ‘Voices,’ and the Making of Environmental Policy: A case study in Norway’s Ministry of Environment,” Landscape Journal 13 (2) 145-151, 1994. In-preparation for peer-reviewed journals Hill, K., D. Hirschfeld, and C. Lindquist, “Contaminated sites at risk from rising sea levels and groundwater: A national study and regional example from the San Francisco Bay Area,” in prep, Earth’s Future (submission planned for February 2023). Hill, K., “ Book chapters and professional journal articles (recent only) Hill, K., and R. Henderson, “Pond Urbanism: Floating urban districts on shallow coastal groundwater,” in Piatek, L, Soon Heng Lim, Chien Ming Wang, Rutger de Graaf-van Dinther (eds.), WCFS 2020: Proceedings of the Second World Conference on Floating Solutions, Rotterdam . Lecture Notes in Civil Engineering, Vol. 158. Springer, Singapore, 2021. Hill, Kristina E., “Shifting Sites: Everything is different now,” in Site Matters, ed. by C. Burns and A. Kahn, Routledge, 2nd edition, 2020. (Substantially re-written since first edition.) Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Hill, K., “Armatures for coastal resilience,” Ch. 24 in Sustainable Coastal Design and Planning, ed. E. Mossop (Boca Raton: CRC Press, Taylor and Francis Group 2019), pp. 415-435. Hill, K., “Risk, uncertainty and the inevitability of rapid sea level rise,” LA+ Interdisciplinary Journal of Landscape Architecture, Fall 2017. Hill, K., “Nexus: Science, memory, strategy,” in Thinking the Contemporary Landscape, ed. by C. Girot and D. Imhof, , pp. 185-197, Princeton University Press, New York, NY, 2017. Bibliographies Hill, K., “Landscape Architecture and Environmental Planning,” Oxford Bibliographies, 2018. https://www.oxfordbibliographies.com/view/document/obo-9780199363445/obo-9780199363445-0099.xml Professional Reports 2023 May CL, Mohan A, Plane E, Ramirez-Lopez D, Mak M, Luchinsky L, Hale T, Hill K., Shallow Groundwater Response to Sea-Level Rise: Alameda, Marin, San Francisco, and San Mateo Counties. Prepared by Pathways Climate Institute and San Francisco Estuary Institute. 2022 Hill, K., Peer Review of Zeneca Groundwater and Sea Level Rise Study, October 28, for CA Department of Toxic Substance Control. 2019 ABC Team, “Estuary Commons,” in Resilient by Design: Bay Area Challenge, ed. by Z. Siegel, pp. 114-129, published by the Trust for Conservation Innovation. 2018 ABC Team, The Estuary Commons: People, Place and a Path Forward, May 31, 2018. A report by the All Bay Collective (aka ABC Team), presenting a plan for adaptation to sea level rise in East Oakland and Alameda, California. This work was sponsored by a gift from the Rockefeller Foundation, which funded the Bay Area’s Resilient by Design Challenge in 2017-18. My primary contribution was the invention of an urban district design approach that responded to multiple flooding challenges by adapting in place, based on an analysis of groundwater and soil conditions. 2017 Hill, K. and E. Plane, Depth to Shallow Groundwater in Alameda County, Alameda County Public Works, July. 2013 Waggonner and Ball et al., Greater New Orleans Urban Water Plan, released in September 2013. This report was prepared by Waggonner and Ball Architects and a team of Dutch and American designers, planners and engineers, sponsored by a $2 million USD grant from the Greater New Orleans Foundation. My contribution was to develop a case study of an adaptation design to flooding on a large urban site (Mirabeau Avenue) in New Orleans. US and International Professional Activities Dates Details 05/2022 – 12/2022 – State of California Sea Level Rise Task Force Member. Managed by the California Ocean Science Trust. Adaptation Advisory Group, San Francisco Bay Commission on Development and Conservation (BCDC) 04/2022 Training on sea level rise, groundwater and soil contamination risks for the San Francisco Regional Water Quality Board 03/2022 Reviewer, Site Planning for Disaster Mitigation Handbook, US Department of Housing and Urban Development (HUD) Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 B-2 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, UNIVERSITY shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, UNIVERSITY shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the UNIVERSITY's performance of services under this Agreement. Where UNIVERSITY is a professional not required to have a professional license, CITY reserves the right to require UNIVERSITY to provide professional liability insurance pursuant to this section. 4. Workers’ compensation. If it employs any person, UNIVERSITY shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. UNIVERSITY’s workers’ compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the UNIVERSITY in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under UNIVERSITY’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in UNIVERSITY’S policies shall be at least as broad as Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 B-3 ISO form CG20 01 04 13. 3. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, UNIVERSITY hereby grants to CITY a waiver of any right to subrogation which any insurer of UNIVERSITY may acquire against CITY by virtue of the payment of any loss under such insurance. UNIVERSITY agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the UNIVERSITY under this Agreement. 9. UNIVERSITY agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by UNIVERSITY, provide the same minimum insurance coverage required of UNIVERSITY, except as with respect to limits. UNIVERSITY agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. UNIVERSITY agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or UNIVERSITY for the cost of additional insurance coverage required by this Agreement. Any Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 v 08.22 B-4 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR’s. Any deductibles or self-insured retentions in UNIVERSITY's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or UNIVERSITY shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses. D. Proof of Insurance. UNIVERSITY shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from UNIVERSITY. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org n/a ☒ ☒ 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 12/13/2023 ☒NT ☒NT 3 Department Director Approval of final agreement form to send to contractor ☒ 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature ☒ 5 Project Manager When necessary, contractor-signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval ☐ N/A Or ☒ PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 1/25/2024 KH 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager - Sustainability Project Manager: Katherine Hagemann Extension: 415-256-5534 Contractor Name: UC Berkeley Contractor’s Contact: Mark Stacey Contact’s Email: Mstacey@berkeley.edu ☐ FPPC: Check if Contractor/Consultant must file Form 700 Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Collaborative Research Agreement-UC Berkeley Final Audit Report 2024-03-13 Created:2024-02-27 By:Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAAcpfIM9MIwDgaPy187mN_epvUNkXR9yeR "Collaborative Research Agreement-UC Berkeley" History Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-02-27 - 10:39:48 PM GMT- IP address: 199.88.113.8 Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2024-02-27 - 10:41:59 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2024-03-13 - 4:56:12 PM GMT- IP address: 104.47.65.254 Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2024-03-13 - 4:59:14 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for approval 2024-03-13 - 4:59:16 PM GMT Laraine Gittens (laraine.gittens@cityofsanrafael.org) replaced approver Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) with Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) 2024-03-13 - 5:20:55 PM GMT- IP address: 199.88.113.8 Document emailed to Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) for approval 2024-03-13 - 5:20:55 PM GMT Laraine Gittens (laraine.gittens@cityofsanrafael.org) replaced signer brenna.nurmi@cityofsanrafael.org with Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) 2024-03-13 - 5:22:01 PM GMT- IP address: 199.88.113.8 Email viewed by Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) 2024-03-13 - 5:36:17 PM GMT- IP address: 104.47.65.254 Document approved by Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) Approval Date: 2024-03-13 - 5:36:42 PM GMT - Time Source: server- IP address: 199.88.113.8 Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-03-13 - 5:36:43 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-03-13 - 6:16:54 PM GMT- IP address: 104.47.65.254 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-03-13 - 6:17:11 PM GMT- IP address: 199.88.113.8 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-03-13 - 6:17:13 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) for signature 2024-03-13 - 6:17:15 PM GMT Email viewed by Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) 2024-03-13 - 7:03:32 PM GMT- IP address: 104.47.65.254 Document e-signed by Lindsay Lara (Lindsay.Lara@cityofsanrafael.org) Signature Date: 2024-03-13 - 7:03:50 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2024-03-13 - 7:03:50 PM GMT Docusign Envelope ID: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Certificate Of Completion Envelope Id: 3E29EF9C-C55E-4827-B407-E9208157AFD7 Status: Completed Subject: DocuSign: Amendment with UC Berkeley for Research on Sea Level Rise Source Envelope: Document Pages: 29 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 4 Kate Hagemann AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 111 Morphew St San Rafael, CA 94901 kateh@cityofsanrafael.org IP Address: 199.88.113.8 Record Tracking Status: Original 7/8/2025 12:48:04 PM Holder: Kate Hagemann kateh@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp Cory Bytof Cory.Bytof@cityofsanrafael.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 7/31/2025 3:36:23 PM Viewed: 7/31/2025 4:13:01 PM Signed: 7/31/2025 4:13:17 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 7/31/2025 4:13:18 PM Viewed: 7/31/2025 4:43:09 PM Signed: 7/31/2025 4:43:21 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Van Bach vanb@cityofsanrafael.org Signing Group: Finance Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 7/31/2025 4:13:19 PM Resent: 8/5/2025 10:11:08 AM Resent: 8/11/2025 10:16:51 AM Resent: 8/14/2025 9:43:40 AM Viewed: 8/18/2025 2:11:22 PM Signed: 8/21/2025 2:45:53 PM Electronic Record and Signature Disclosure: Accepted: 8/18/2025 2:11:22 PM ID: 8c6030f9-a7e5-48fb-ac26-19decab9e118 Jeffrey Bui jeffreybui@berkeley.edu Contract and Grant Officer The Regents of the University of California Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2001:5a8:4c45:b900:d12f:e6b4:eae8:a45f Sent: 8/21/2025 2:45:55 PM Viewed: 8/21/2025 4:24:59 PM Signed: 8/21/2025 4:26:43 PM Electronic Record and Signature Disclosure: Accepted: 8/21/2025 4:24:59 PM ID: b4d5a57d-96c2-4026-b8c1-f2f67e093997 Signer Events Signature Timestamp Mark Stacey mstacey@berkeley.edu Professor University of California, Berkeley Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2607:f140:400:55:147b:1875:8acb:820e Sent: 8/21/2025 4:26:45 PM Viewed: 8/21/2025 4:36:36 PM Signed: 8/21/2025 4:36:58 PM Electronic Record and Signature Disclosure: Accepted: 8/21/2025 4:36:36 PM ID: 1031dfe0-d533-4a0d-9092-eaa241ff0146 Andrea Visveshwara Andrea.Visveshwara@cityofsanrafael.org Chief Assistant City Attorney City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 157.131.81.146 Sent: 8/21/2025 4:37:00 PM Viewed: 8/22/2025 5:55:12 PM Signed: 8/22/2025 5:55:33 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 8/21/2025 4:37:01 PM Resent: 8/25/2025 9:12:00 AM Resent: 8/28/2025 5:29:59 PM Viewed: 8/29/2025 2:16:55 PM Signed: 8/29/2025 2:17:00 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Cristine Alilovich Cristine.Alilovich@cityofsanrafael.org City Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:645:e82:6d80:a1ea:22b0:5207:750b Sent: 8/29/2025 2:17:02 PM Viewed: 8/31/2025 9:57:56 AM Signed: 8/31/2025 9:58:02 AM Electronic Record and Signature Disclosure: Accepted: 8/8/2025 5:50:59 PM ID: 92734b64-c5dc-4308-af7f-b0f4b9ffd306 Lindsay Lara Lindsay.Lara@cityofsanrafael.org City Clerk City of San Rafael Signing Group: City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 8/31/2025 9:58:05 AM Viewed: 9/2/2025 10:20:05 AM Signed: 9/2/2025 10:20:47 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Editor Delivery Events Status Timestamp Nataly Torres natalyt@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Using IP Address: 199.88.113.8 Sent: 7/9/2025 5:20:42 PM Viewed: 7/22/2025 3:01:45 PM Completed: 7/31/2025 3:36:22 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/9/2025 5:20:42 PM Envelope Updated Security Checked 7/31/2025 3:36:22 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Envelope Updated Security Checked 7/31/2025 3:36:23 PM Certified Delivered Security Checked 9/2/2025 10:20:05 AM Signing Complete Security Checked 9/2/2025 10:20:47 AM Completed Security Checked 9/2/2025 10:20:47 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of San Rafael (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of San Rafael: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: city.clerk@cityofsanrafael.org To advise City of San Rafael of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at city.clerk@cityofsanrafael.org and in the body of such request you must state: your Electronic Record and Signature Disclosure created on: 5/22/2025 12:46:43 PM Parties agreed to: Van Bach, Jeffrey Bui, Mark Stacey, Cristine Alilovich previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of San Rafael To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of San Rafael To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of San Rafael as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of San Rafael during the course of your relationship with City of San Rafael.