Loading...
HomeMy WebLinkAbout01-29-2020 Local Government Commission Contract (Resilient SLO)SCOPE OF WORK: Resilient San Luis Obispo INTRODUCTION: The City of San Luis Obispo’s transportation network is critical for regional and statewide connectivity, including all north/south traffic on Highway 101 and State Route 1. With the City serving as the region's economic hub with connectors to surrounding communities, risks to the transportation system have significant implications for people's livelihood and safety, particularly for the large parts of the city that are considered low-income under AB 1550’s designation. Recent studies, particularly the Central Coast Region Report (2018) completed as part of California’s Fourth Climate Change Assessment, reveal that the City (and the region as a whole) are at risk or can anticipate increased risks including exposure to wildfire, a 7-8 degree annual average maximum and minimum temperatures by the end of century relative to the historical period, an average of 26-50 extreme heat days between 2070-2099, and changing precipitation patterns. Known hazards are just the tip of the iceberg of exposures to climate-related hazards faced by the City and its transportation system, as risks are expected to grow as the result of climate change and shifting transportation needs and systems. Furthermore, with the risk of wildfire and flooding increasing in severity and frequency over time, the City must ensure that the transportation system is prepared and adapted to serve as reliable evacuation routes - not just for City residents, but for surrounding communities and the region at-large. Resilient San Luis Obispo aims to take a comprehensive approach to transportation and community adaptation for the City of San Luis Obispo and its regional connections. This project takes a data-driven approach, utilizing best-available science with robust community engagement, to integrate activities along the adaptation planning continuum. A comprehensive vulnerability assessment will be conducted that evaluates current and future hazards to the City's transportation system by assessing hazards and vulnerabilities across existing and planned transportation and physical assets (wastewater treatment, critical infrastructure, and public assets). The assessment will also document social and economic conditions in recognition of the interconnectedness of all sectors and aspects of society, with the transportation system serving as the connective tissue for resiliency, sustainability, safety, and livability. The project will also conduct an adaptation policy audit that reviews local policies for alignment and improvement, as well as state laws. The City aims to reach beyond minimal compliance to state laws in order to serve as a leader for the region and the state of California. In conjunction with the vulnerability assessment and policy audit, the project team will conduct robust community engagement activities that seek to gather input on community needs and priorities, educate community members on climate risks and individual/community resiliency strategies, and involve community members in this comprehensive project. With a strong commitment to equity and environmental justice, the project team will prioritize the engagement of vulnerable at at-risk populations including residents and stakeholders from disadvantaged, and hard-to-reach populations including low-income households, communities of color, tribal communities, youth, and elderly populations. Based on the aforementioned activities, the project team will conduct activities that will define specific adaptation measures and prepare the city to take immediate action. Since the General Plan serves as the foundational planning document that all other plans and policies must be consistent with, this project will update the Safety Element of the General Plan to include a robust adaptation and resilience component. The project will establish specific adaptation goals, objectives, and targets; discuss potential adaptation strategies based on impact and feasibility; consider interdependencies between the City and neighboring jurisdictions to identify actions to pursue at the regional scale, and; assess funding and financing options to pursue the prioritized EXHIBIT A adaptation strategies. Furthermore, this project will develop an integration guide, working closely with City staff, to integrate adaptation strategies into the Capital Improvement Plan, operational budget, and biennial financial plans. Model policies and work plans will be developed to support the implementation of the top three prioritized adaptation actions. The project team will also conduct a variety of capacity building activities to equip the City, regional agencies, community organizations, and other key stakeholder groups with the technical skills and coordination strategies to successfully implement adaptation measures and build overall community resilience. RESPONSIBLE PARTIES: The City of San Luis Obispo is the proposal applicant and will be the grant recipient. The City will partner with the Local Government Commission (LGC), a 501(c)3 non-profit organization. LGC is included as a sub-applicant on this grant proposal to assist with managing the project and with various project tasks. The project will also be supported with committed staff resources from the San Luis Obispo Council of Governments. The City will select a consultant or team of consultants through a competitive bid process to lead the technical tasks included in this proposal. The selected consultant(s) will have the experience and expertise required to successfully complete the tasks assigned. Responsibilities of each agency/organization are summarized below: •City of San Luis Obispo: The City is the lead applicant for the project and will have overall responsibility for the project. The City will be the grant recipient, execute the Restricted Grant Agreement with Caltrans, and execute contracts with sub-applicant Local Government Commission. The City will conduct a competitive bid process to select a qualified consultant team with expertise in vulnerability assessments and adaptation plans. The City will provide in-kind staff support time (652 hours, valued at $65,200) to surpass the 11.47 percent local cash match. Staff will coordinate with project partners and other key stakeholders, provide data and policy documents, participate in community and local agency workshops, review all work products, direct revisions, and manage the overall project. City staff will prepare quarterly invoices and reports to Caltrans with support from LGC. Staff will also coordinate with partners to help publicize the project and ensure public participation in all aspects of the community planning process. •Local Government Commission (LGC): LGC will assist with project management and overall coordination of the project. LGC will lead the audit of adaptation policies under Task 3, support the development of a Public Safety/Adaptation Plan and Implementation Guide under Task 4, lead a capacity and coordination assessment under Task 6, and provide subject-matter expertise throughout the duration of the project. LGC staff has extensive experience in public engagement in planning processes, land use and transportation and design, climate change adaptation, and in facilitating planning projects. LGC will also place a CivicSpark Fellow locally with the City of San Luis Obispo to support all aspects of the project. The Fellow will be able to provide direct support, as well as connections to other similar projects being conducted throughout the state to share resources and best practices. LGC has worked on more than 70 community design charrettes and also coordinates the statewide Alliance of Regional Collaboratives for Climate Adaptation, the Sacramento region’s Capital Region Climate Readiness Collaborative, and the Bay Area Climate Adaptation Network. Additionally, LGC co- authored an “Integrated Climate Change Adaptation Planning in San Luis Obispo County” report in 2010, and supported the emergence of the Central Coast Climate Collaborative in 2016. For the last 4 years, LGC has successfully implemented the CivicSpark program statewide. •San Luis Obispo Council of Governments (SLOCOG): SLOCOG will provide in-kind staff support time (40 hours, valued at $4,000) hours of senior staff time to support a variety of tasks, including data and deliverable review, review for consistency with the Regional Transportation Plan, and communication and transfer of project outcomes to the broader region. •Consultant(s): The selected consultant (or team of consultants) will lead all aspects of the Adaptation/Safety Element Background Analysis under Task 2, which includes assessing current and future hazards and conducting a comprehensive vulnerability assessment. The consultant will work with project partners to organize community input meetings and educational seminars under Task 4. The consultant will also lead all aspects of the Public Safety/Adaptation Plan, which includes developing a menu of adaptation strategies under Task 5, developing the Safety Element/Adaptation Plan, and a series of work plans for the top three prioritized implementation activities. Finally, the consultant will play a supporting role in all other aspects of the project to ensure continuity and alignment in final work products, working closely with the City, LGC, and other key stakeholders. OVERALL PROJECT OBJECTIVES: The proposed project and resulting products will address a variety of community sustainability and resilience objectives, including: •Conduct planning activities to help define specific adaptation measures and better prepare the city to take immediate actions. The conceptual project will move the city forward in its later effort to update the city’s General Plan Safety Element.Adopt a comprehensively updated Safety Element of the General Plan based on best-available climate science that provides a broad and effective policy framework for reducing the City’s transportation system’s risk to the impacts of climate change. •Identify and assess vulnerabilities across San Luis Obispo’s existing and planned transportation system, physical assets, and social and economic conditions to identify current and projected areas of risk and vulnerability. •Engage residents and stakeholders, particularly from low-income, disadvantaged, and hard-to-reach populations, to gather input on key vulnerabilities to address and priority adaptation measures to pursue. •Inform residents and stakeholders of current and future climate vulnerabilities, as well as adaptation best practices that can be pursued at the community or individual level. •Identify the City committees and bodies responsible for transportation, public health and safety, and community resilience, as well as community organizations working on climate change issues, and assess their capacity and understanding of adaptation and resilience. •Identify and prioritize adaptation strategies across transportation, public health and safety, and community resilience sectors that can respond to existing and projected risks. Evaluate each adaptation measure based on impact and feasibility. •Develop an Integration Guide and Work Plan that identifies resources and staffing requirements and assignments for implementation of the Adaptation Plan, and aims to apply model policies and ordinances. Integrate adaptation considerations into the City’s budgeting process. 1.Project Initiation and Coordination Initial project planning and ongoing coordination efforts are critical to the success of any project. For project initiation tasks, the City will lead efforts to establish a mutual understanding of project requirements, goals, and tasks with Caltrans and LGC, which will then inform that Request for Proposals and the selected consultant’s role. Throughout the duration of the project, the Project Team will undertake a number of ongoing project planning and coordination activities to ensure that all project goals and requirements are met, within the identified budget and project timeline. Task 1.1: Kickoff Meeting with Caltrans •Hold kickoff meeting with Caltrans District staff to discuss overall project goals, objectives, invoicing, progress reports, and grant procedures, as well as to establish overall project expectations and requirements. •Responsible Party: City Task 1.2: Subcontract with Sub-Applicant •Prepare a subcontract with the Local Government Commission (LGC), the sub- applicant on this grant that will assist with project management and lead several project tasks. •Responsible Party: City Task 1.3: Project Charter and Kickoff •Designate City staff member for project oversight and operations. •Refine project scope, finalize project timeline and milestones, and develop project charter based on submitted application, kickoff meeting with Caltrans, and any new developments in climate science or local activities. •Responsible Party: City Task 1.4: Request for Proposals and Contracting with Consultant(s) •Conduct a full Request for Proposals process that follows the proper procurement procedures established by Caltrans. RFP will be distributed and consultant(s) interviews will be conducted. A consultant (or team of consultants) will be selected and contracts will be negotiated and fully executed. •Responsible Party: City Task 1.5: Project Coordination •Conduct regular project team conference calls and/or in-person meetings with City staff and LGC to ensure constant communication on upcoming tasks to ensure the project remains on time and within budget. Consultant(s) will be included in meetings after they are selected. Other project partners including Caltrans, regional agencies and districts, and other key stakeholders will be invited to participate in team meetings as needed. •Responsible Party: City Task Deliverable 1.1 Meeting summary 1.2 Copy of executed subcontract 1.3 Project Charter 1.4 Copy of procurement procedures and executed consultant contract(s) 1.5 Meeting summaries 2.Existing and Projected Conditions The Project Team will begin by conducting a comprehensive vulnerability assessment to ensure robust understanding of current and future hazards and vulnerabilities specific to the City, as well as to ensure all work products are based on best-available science and local data. This is a critical first step in order to develop the foundational knowledge and analysis that will inform the future planning tasks that follow. More specifically, the Team will review existing hazard assessments and conduct additional research to compile data and maps on the City’s exposure to both current and future hazards. Following the hazards assessment, the Team will conduct a comprehensive vulnerability assessment that evaluates the vulnerability of transportation systems, physical assets, and social and economic conditions. Activities conducted under this task will be continuously informed by community input gathered under Task 4, which will be conducted in parallel with this task. The culminating product will be the Comprehensive Vulnerability Assessment accompanied by risk profiles, GIS datasets and maps, summary memos, and a presentation kit. Task 2.1: Current and Future Hazards Assessment •Review existing hazard assessments including the City’s 2014 Local Hazard Mitigation Plan, the in-process countywide hazard mitigation plan and publicly available hazard maps to build foundational understanding of existing hazards. •Coordinate with related City planning efforts, such as the Community Planning Assistance for Wildfire that will produce downscaled wildland urban interface wildfire maps, in order to maximize the outcomes of this project and to seek alignment across City planning. •Conduct additional research to compile data, models, and maps identifying exposure to natural (e.g., wildfire, seismic activity, drought, flood, extreme heat) and man-made (e.g. diablo canyon, urban conflagration) hazards. •Review existing resources (e.g. Cal-Adapt, California Fourth Assessment climate change reports, etc.) and conduct primary climate research where necessary to project future climate change influenced hazards. Activities will include hydrologic modeling of flood prone creeks (San Luis Obispo Creek and Prefumo Creek) and certain urban areas under expected future precipitation regimes; downscaled heat modeling; regional wind modelling; and site-specific wildfire risk modeling. •Responsible Party: Consultant Task 2.2: Comprehensive Vulnerability Assessment •Compile known and planned transportation assets into a single GIS dataset (including active transportation, roadways, transit, and Caltrans facilities). Overlay hazard maps on identified assets to evaluate areas of vulnerability. •Evaluate existing transportation routes, including evacuation routes and primary commuter routes, and assess risks and vulnerabilities due to climate change and other critical hazards identified. •Identify communities and individuals with inadequate access to transportation, particularly public transit and alternative modes of transportation. •Based on community priorities, identify 3-5 priority transportation assets to develop a full risk profile for, including the cost of inaction. •Evaluate a range of community characteristics, including poverty and unemployment rates, aging populations, and other key characteristics that may suggest greater sensitivity to change, including climate variability, to assess community’s adaptive capacity. • Identify both current and likely future demographic and economic conditions and systematically assess social and economic vulnerability to known hazards with an emphasis on how the City’s transportation system’s functionality is vulnerable to the expected confluence of climate, economic, and social changes. • Assess how existing transportation system inadequacies also exacerbate social and economic vulnerabilities. • Evaluate how the City’s climate risks and vulnerabilities impact the region’s broader economic resilience and vitality. • Compile known and planned physical assets (e.g. wastewater treatment, critical facilities, and public assets) into a single GIS dataset. Overlay hazard maps with assets to identify areas of vulnerability. • Evaluate interconnectedness of critical infrastructure and transportation system, and develop a prioritization hierarchy for addressing risks and vulnerabilities identified. • Based on community priorities, identify 3-5 priority physical assets to develop a full risk profile for, including the cost of inaction. • Responsible Party: Consultant Task 2.3: Hazards and Vulnerabilities Report • Based on Hazards Assessment (Task 2.1) and Vulnerability Assessment (Task 2.2), develop a comprehensive Hazards and Vulnerabilities Report, including a standalone summary report of key findings. • Compile GIS datasets to produce a comprehensive map that highlights asset- and risk- specific data and models. • Develop a presentation kit that can be utilized to educate and inform local elected officials, City staff, regional agencies, and the community at-large. At minimum, the kit will include digestible summary memos, a PowerPoint presentation, and a poster. • Responsible Party: Consultant Task Deliverable 2.1 Summary memos, map(s), and model(s) for each hazard area 2.2 Risk Profiles for transportation, physical assets, and social and economic conditions; GIS datasets 2.3 Hazards and Vulnerabilities Report; summary report; maps; summary memos; PowerPoint presentation; poster 3. Adaptation Policy Audit In order to effectively respond to climate risks, the City needs a clear picture of what local policy levers for action exist and how this might relate to or respond to state policies. As local hazards and vulnerabilities are being assessed, the Project Team will begin to conduct a thorough review of adaptation policies at the local level in order to determine current gaps and provide policy recommendations for increasing resilience across the City. Part of this assessment aims to establish a clear vision for community resilience and identify common strategies across multiple plans that can be implemented to catalyze action, gain political and public support, and achieve multiple City objectives. This local review will be complemented by a state law compliance timeline that identifies a recommended path forward for the City to address key state policy and planning requirements and actions in order to meet state adaptation and transportation goals. Task 3.1: Local Policy Audit •Review existing City plans, programs, and policies (e.g. general plan, climate action plan, local ordinances, permitting, and zoning), as they relate to adaptation and/or transportation planning, to assess the City’s current approach to community resilience and maintaining an economically viable and socially just community in the face of systems disturbance. •Develop a policy crosswalk to identify areas of misalignment and/or potential for improvement to increase adaptive capacity and build community resilience, including strategies discussed across multiple plans that should be prioritized by the City. •Based on the policy audit and crosswalk, establish a clear vision for community resilience that City departments can adopt as a guiding compass. Promote this vision broadly to gain support from local elected officials, neighboring jurisdictions, and the broader community. •Responsible Party: LGC Task 3.2: State Law Compliance Timeline •Identify local policy and planning requirements, as they relate to adaptation and transportation, in order to comply with and go beyond existing state laws and mandates to serve as a model for the region and state. •Define local goals and objectives as they relate to State legal requirements and broader State targets to identify priority strategies to achieve shared goals. •Establish a timeline for alignment and compliance while conducting a crosswalk of other City goals, plans, and existing policies and programs. •Responsible Party: LGC Task Deliverable 3.1 Summary of plans and policies reviewed; policy crosswalk; community resilience vision 3.2 Summary of state laws; timeline for alignment and compliance 4.Community Outreach and Education As with any community planning or development process, the community engagement efforts for this project will help to affirm community values, needs, and aspirations while ultimately driving the development of the Public Safety/Adaptation Plan (Task 5) so that it reflects and advances the community’s vision for the future. To support this goal, LGC will work closely with the City and other key community partners to conduct numerous community engagement activities. By using a participatory process, the Project Team can help broaden the dialogue with residents and businesses within the community and stimulate continued engagement and strengthen social capital within the City of San Luis Obispo during and after the project period. In recognition of the critical roles that residents and businesses play in building community resilience, the Project Team will conduct activities that aim to gather input on key priorities, needs, concerns, obstacles, and opportunities while educating community members on the findings from the Hazards and Vulnerabilities Assessment (Task 2) and rallying community members behind a shared vision. Input from the community will directly feed into the development of the Public Safety/Adaptation Plan, as well as recommendations to the City on potential policy actions to take. Task 4.1: Community Outreach Plan •Develop a Community Outreach Plan that details steps that will be taken to reach out to and engage community members. The Plan will include: o A list of key stakeholders to involve and engage, including public officials and agency staff, businesses, service organizations, community organizations, neighborhood leaders and residents, the school district and nearby schools, property owners, and other interest groups that reflect the demographics and perspectives of the San Luis Obispo community. o An evaluation of various community engagement strategies, including surveys, pop-ups, traditional workshops, community design charrettes, webinars, and festive activities that can be utilized. o A schedule of community engagement activities with timing for release, distribution, and placement of publicity items. The Project Team aims to conduct a series of activities throughout the duration of the project (e.g. input, feedback, and dissemination). o A list of potential co-sponsors and co-promoters to assist with outreach and procurement of additional materials (e.g. food, prizes, and entertainment) to maximize participation and positive input at community events. •Responsible Party: LGC Task 4.2: Community Engagement Activities •Conduct at least 4 community engagement activities to solicit input on community needs, concerns, and priorities in regards to transportation infrastructure and services, climate hazards and vulnerabilities, and other sectors and factors critical to achieving community resilience, mobility, and social justice goals. •Produce and distribute outreach materials in English, Spanish, and other languages as needed to encourage broad public participation. Secure translation services, as needed, for community engagement activities. •Identify additional stakeholder groups to conduct targeted meetings with such as local tribes, health professionals, major industries and employers, and regional agencies. •Develop meeting summaries to inform the development of the Public Safety/Adaptation Plan and Implementation Guide (Task 5). •Responsible Party: LGC Task 4.3: Educational Events •Host at least 4 climate science and adaptive capacity building events for the public with the aim of educating community members about current and future climate vulnerabilities in the City, and public safety and adaptation best practices that can be pursued at the community and/or individual level. •Evaluate different types of events that can be organized to appeal to different types of stakeholders (e.g. trivia night, lecture series, and videos). •Coordinate with external organizations (e.g. Central Coast Climate Collaborative, NOAA, USGS, and Cal Poly, San Luis Obispo) to identify educational materials, programs, or events that could be provided to the public. •Responsible Party: LGC Task Deliverable 4.1 Community Outreach Plan 4.2 Agendas; summaries; participant lists 4.3 Agendas; summaries; participant lists 5.Safety Element of the General Plan All findings and products from previous tasks will serve as the foundation for developing the update to the Safety Element of the General Plan, which will becomes the City’s adopted . The work funded in this grant will support the adaptation and climate resilience component of the Safety Element because the General Plan is the foundational planning document which all other plans and policies must be consistent with. Although focused on the Safety Element, the work will inform numerous in process and upcoming planning projects including the City’s Active Transportation Plan, Housing Element of the General Plan, Parking and Access Plan, etc. The Project Team will first develop a menu of adaptation options and objectives for decision- makers to evaluate and select those most suitable for the City. The Team will then develop a robust Adaptation Strategy that identifies specific actions, cost estimates, timelines for implementation, and funding and financing options. As a corollary to the Strategy, the Team will prepare an Integration Guide and work plans for the top three prioritized implementation actions to enable the City to begin moving towards implementation immediately upon adoption. The Project Team will work with City staff to gain buy-in from local elected officials, agency executives, and staff across key departments in order to build a shared understanding of the City’s adaptation goals, as well as to prioritize, implement, and operationalize the Adaptation Strategy. With many people - beyond the City’s own residents - relying on the City’s transportation system in order to commute to work, the City recognizes the important role it must play in ensuring its transportation systems and networks are well-adapted to the growing impacts of climate change. As such, the Adaptation Strategy will evaluate strategies that should be implemented regionally, and will also be promoted and shared with neighboring jurisdictions and key regional agencies to seek overall alignment and mutual support. Task 5.1: Menu of Adaptation Options •Establish specific adaptation goals, objectives, and targets based on Hazards and Vulnerabilities Assessment (Task 2), local policy audit (Task 3), overarching community resilience vision (Task 3), and public input (Task 4). Consider City’s role in the regional economy, as the primary location of major employers, and the need to ensure transportation networks are well-adapted for both residents and commuters who rely upon infrastructure and services. Include specific targets that achieve both adaptation and transportation goals. •Develop potential adaptation strategies that address current and future hazards and vulnerabilities in a changing climate, while addressing community priorities. Review existing resources including Cal-Adapt, the Adaptation Clearinghouse, Fourth Assessment reports, the Adaptation Planning Guide, and local adaptation plans to develop a menu of options. •Working closely with City staff, rank adaptation strategies based on feasibility, impact, and other key criteria determined to identify priority strategies for inclusion in Adaptation Strategy. At minimum, priority strategies should be financially feasible and socially just, and align with community input gathered. •Responsible Party: Consultant Task 5.2: Safety Element of the General Plan Update •Develop General Plan adaptation and resilience strategies that identify short-, medium-, and long-term adaptation actions and opportunities. Based on feasibility analysis (Task 5.1), provide recommendations for overcoming any obstacles or barriers identified. For each action, include, at minimum, a cost estimate, high-level timeline for implementation, and the City department that should lead or coordinate. •Consider interdependencies between City and neighboring jurisdictions to identify policies and actions that should be pursued at the regional scale. •Assess funding and financing options available to pursue priority strategies identified, including Federal, State and Local grants, local tax measures, PACE financing, EIFDs, Opportunity Zones, and other innovative funding and financing mechanisms. •Note: CEQA compliance for the General Plan update will be conducted by the City and will not be funded through this grant request. •Responsible Party: Consultant Task 5.3: Integration Guide and Work Plans •Develop an Integration Guide, working closely with City staff, for the integration of the Safety Element adaptation and resilience strategies with the Capital Improvement Plan, operational budgets, biennial financial plans, and other key plans and procedures identified by the City. •Identify and/or develop model policies, ordinances, and resolutions to begin implementing policy and process changes committed to in the Safety Element. Policies should respond to existing and future hazards and vulnerabilities across key sectors including transportation, public health and safety, natural resources, and community development. •Work with City to identify staffing requirements and assignments, and develop detailed work plans to implement the top three prioritized implementation actions identified in the Adaptation Strategy. •Responsible Party: Consultant Task Deliverable 5.1 Matrix of adaptation options 5.2 Updated Safety Element 5.3 Integration Guide; work plans 6.Capacity Building While the Safety Element will present a clear path forward for the City to begin implementing adaptation initiatives, plans alone are never enough. In order to move towards a more holistic approach to building resilience, it is essential to build capacity among key City departments and staff, as well as bolster coordination efforts. This task will begin with a Capacity and Coordination Assessment, which will ultimately develop an “organizational chart” of City departments, committees, and bodies, as well as regional agencies, climate change organizations, and community-based organizations working on climate change issues. The Assessment will evaluate existing roles and capacities of the various organizations identified. The Project Team will then conduct a series of capacity building activities for City staff, utilizing the new Adaptation Capability Advancement (Adapt-CA) Toolkit, developed as part of California’s Fourth Climate Change Assessment. Furthermore, the Team will examine current coordination and communication practices among departments and organizations that have overlapping responsibilities for adaptation actions, and produce recommendations for enhancing coordination efforts and mainstreaming adaptation activities. Finally, in an effort to seek regional alignment and to further the broader field of adaptation in California, the Team will conduct a series of regional and statewide dissemination activities. Task 6.1: Capacity and Coordination Assessment •Review purviews of all City departments, committees, and bodies to assess who is responsible for transportation, public health and safety, and community resilience; their capacity and understanding of adaptation and resilience; and the level of coordination across the City bodies. •Interview City staff, regional agencies, climate change organizations, community- based organizations, and other key stakeholder groups to increase understanding of roles, capacity, and interest in coordination. •Develop an “organizational chart” that provides a full picture of public and non-public agencies working on climate issues, and provide a set of recommendations for improving coordination efforts. •Responsible Party: LGC Task 6.2: Capacity Building Activities •Based on the ecosystem of various entities, stakeholders, and organizations working on public safety and adaptation, conduct internal capacity building activities including at least 4 seminars, workshops, webinars, and/or coordination meetings for City staff to increase understanding of climate risks, discuss priority adaptation strategies, institutionalize adaptation principles, and establish internal coordination processes. •Establish mechanisms for ongoing coordination and collaboration for City staff to engage with key external stakeholders (e.g. Central Coast Climate Collaborative, FEMA, Cal FIRE, and regional transit agencies). •Responsible Party: LGC Task 6.3: Statewide Dissemination •Coordinate with key project partners to write a summary report to help other jurisdictions learn from the project and replicate it throughout the state. •Share results and report with other climate adaptation focused groups including the Alliance of Regional Collaboratives for Climate Adaptation and its member collaboratives in the Central Coast, North Coast, Sacramento Capital Region, San Francisco Bay Area, Sierra Nevada, Los Angeles County, and San Diego County. •Hold at least one webinar to share project results, with target audience of local jurisdictions and agencies in the Central Coast region, Caltrans staff, transportation agencies, public health groups, and other key stakeholders throughout California. •Develop a case study for ICARP for inclusion in Adaptation Clearinghouse and to further disseminate project results and key findings. •Responsible Party: LGC Task Deliverable 6.1 Org chart; summary of roles/capacity; recommendations memo 6.2 Meeting agendas; meeting summaries; participant lists 6.3 Project summary report; webinar; case study 7.Administration Grant administration - including accounting, invoicing, submission of progress reports, and provision of documentation as required by Caltrans - will be managed by the City of San Luis Obispo. Task 7.1: Invoicing •Provide clear and detailed invoices to Caltrans on a quarterly basis. •Responsible Party: City Task 7.2: Reporting •Provide clear and detailed reports to Caltrans on a quarterly basis. •Responsible Party: City Task Deliverable 7.1 Quarterly invoices to Caltrans 7.2 Quarterly reports to Caltrans 1 LGC SCOPE OF WORK Resilient San Luis Obispo ABOUT THE LOCAL GOVERNMENT COMMISSION (LGC) The Local Government Commission (LGC) is a 501(c)3 non-profit organization working with local leaders to create livable communities throughout the state of California. As a pioneer in California’s adaptation field, LGC provides thought leadership and technical assistance to help shape California State policies, support regional climate collaboratives, and assist local communities in building resilience. LGC’s hallmark adaptation programs include the Alliance of Regional Collaboratives for Climate Adaptation, the Capital Region Climate Readiness Collaborative, and the biennial statewide California Adaptation Forum. LGC also participated in California’s Fourth Climate Change Assessment to identify strategies to overcome institutional and financial barriers to implementing adaptation strategies, as well as numerous other research projects and place-based initiatives focused on climate adaptation and community resilience. Specifically, in the San Luis Obispo area, LGC co-authored the Integrated Climate Change Adaptation Planning in San Luis Obispo County Report in 2010 and helped to guide the formation of the Central Coast Climate Collaborative in 2016. SUMMARY OF LGC’S ROLE LGC will serve as the lead project manager to ensure effective coordination across the project team in order to meet the objectives of the project. LGC will work closely with City staff in all aspects of managing the project, reviewing project deliverables, and collaborating with consultants. The project is a comprehensive plan for transportation and community adaptation and resilience for the City and its regional connections. LGC will lead Tasks 3, 4, and 6, and provide high-level support for Tasks 2 and 5. LGC will also place a CivicSpark Fellow locally with the City to support all aspects of the project. The Fellow will be able to provide direct support, as well as connections to other similar projects being implemented throughout the state to exchange resources and best practices. LGC SCOPE OF WORK Task 1: Project Initiation and Coordination LGC will lead all aspects of project coordination, working closely with City staff. Task 1.1: Kickoff Meeting with Caltrans • N/A Task 1.2: Subcontract with Sub-Applicant • Work with the City to prepare and execute a subcontract for LGC. Task 1.3: Project Charter and Kickoff 2 • Coordinate with City staff to develop a Project Charter, which will include the final project timeline, milestones, deliverables, key contacts, communication protocols, team expectations, and other elements to guide the project team. • Organize a project team kickoff meeting after the consultant is hired to review the Project Charter, clarify roles and expectations, and discuss initial tasks. The meeting may be conducted in-person or virtually. Task 1.4: Request for Proposals and Contracting with Consultant(s) • Support the City in conducting a Request for Proposals (RFP), including reviewing the draft RFP and disseminating the RFP to LGC networks. • Lead the review process in close coordination with the City, including selecting the review committee, developing the selection criteria and scoring sheets, and scheduling interviews. Task 1.5: Project Coordination • Conduct regular project team meetings to ensure ongoing coordination on project tasks and deliverables, foster collaboration, and exchange relevant information and resources. Develop meeting agendas and summaries, and coordinate with team members to follow up on requests, actions, and needs identified at each meeting. • Identify and utilize project management tools to support ongoing coordination between team meetings. • Work with City staff and consultants to ensure that the project remains on time and within the allocated budget. Task LGC Deliverable 1.1 N/A 1.2 1.3 Project Charter, kickoff meeting agenda 1.4 RFP review committee roster, scoring sheets 1.5 Meeting summaries Task 2: Existing and Projected Conditions LGC will support Task 2 by providing guidance, connections, and review of draft products. Task 2.1: Current and Future Hazards Assessment • Share resources, provide guidance, and connect consultants to additional subject-matter experts, as requested. • Review the draft summary memos of current and future hazards assessments to provide suggestions for improvement, including alignment with deliverables from other project tasks. Task 2.2: Comprehensive Vulnerability Assessment 3 • Share resources, provide guidance, and connect consultants to additional subject-matter experts, as requested. • Review the draft risk profiles as part of the Comprehensive Vulnerability Assessment to provide suggestions for improvement, including alignment with deliverables from other project tasks. Task 2.3: Hazards and Vulnerabilities Report • Share resources, provide guidance, and connect consultants to additional subject-matter experts, as requested. • Review the draft Hazards and Vulnerabilities Report and associated presentation kit to provide suggestions for improvement, including alignment with deliverables from other project tasks. Task Deliverable 2.1 Summary of feedback 2.2 Summary of feedback 2.3 Summary of feedback Task 3: Adaptation Policy Audit LGC will lead all aspects of Task 3, working closely with City staff. LGC will conduct a thorough review of local policies and plans related to adaptation in order to develop policy recommendations, establish a clear vision for community resilience, and identify common strategies that can be implemented to catalyze action, gain political and public support, and achieve multiple City objectives. This local review will be complemented by a state law compliance timeline that identifies a recommended path forward for the City to address key state policy and planning requirements and actions in order to meet state adaptation and transportation goals. Task 3.1: Local Policy Audit • Review existing City plans, programs, and policies (e.g. general plan, climate action plan, local ordinances, permitting, and zoning), as they relate to adaptation and/or transportation planning, to assess the City’s current approach to community resilience and maintaining an economically viable and socially just community in the face of systems disturbance. • Develop a policy crosswalk to identify areas of misalignment and/or potential for improvement to increase adaptive capacity and build community resilience, including strategies discussed across multiple plans that should be prioritized by the City. • Based on the policy audit and crosswalk, establish a clear vision for community resilience that City departments can adopt as a guiding compass Task 3.2: State Law Compliance Timeline • Identify local policy and planning requirements, as they relate to adaptation and transportation, in order to comply with and go beyond existing state laws and mandates to serve as a model for the region and state. 4 • Define local goals and objectives as they relate to State legal requirements and broader State targets to identify priority strategies to achieve both locally-defined and state-mandated goals. • Establish a timeline for alignment and compliance while conducting a crosswalk of other City goals, plans, and existing policies and programs. Task Deliverable 3.1 Summary of plans and policies reviewed; policy crosswalk; community resilience vision 3.2 Summary of state laws; timeline for alignment and compliance Task 4: Community Outreach and Education LGC will lead all aspects of Task 4, working closely with City staff. As with any community planning or development process, the community engagement efforts for this project will help to identify and affirm community values, needs, and aspirations while ultimately driving the development of the Public Safety/Adaptation Plan (Task 5) so that it reflects and advances the community’s vision for the future. To support this goal, LGC will work closely with the City and other key community partners to conduct numerous community engagement activities. By using a participatory process, the Project Team can help broaden the dialogue with residents and businesses within the community and stimulate continued engagement and strengthen social capital within the City of San Luis Obispo during and after the project period. In recognition of the critical roles that residents and businesses play in building community resilience, the Project Team will conduct activities that aim to gather input on key priorities, needs, concerns, obstacles, and opportunities while educating community members on the findings from the Hazards and Vulnerabilities Assessment (Task 2) and rallying community members behind a shared vision. Input from the community will directly feed into the development of the Public Safety/Adaptation Plan, as well as recommendations to the City on potential policy actions to take. Task 4.1: Community Outreach Plan • Develop a Community Outreach Plan that details steps that will be taken to reach out to and engage community members. The Plan will include: o A list of key stakeholders to involve and engage, including public officials and agency staff, businesses, service organizations, community organizations, neighborhood leaders and residents, the school district and nearby schools, property owners, and other interest groups that reflect the demographics and perspectives of the San Luis Obispo community. o An evaluation of various community engagement strategies, including surveys, pop- ups, traditional workshops, community design charrettes, webinars, and festive activities that can be utilized. o A schedule of community engagement activities with timing for release, distribution, and placement of publicity items, with a goal of conducting a series of activities throughout the duration of the project (e.g. input, feedback, and dissemination). o A list of potential co-sponsors and co-promoters to assist with outreach and procurement of additional materials (e.g. food, prizes, and entertainment) to maximize participation and positive input at community events. 5 Task 4.2: Community Engagement Activities • Conduct at least 4 community engagement activities to solicit input on community needs, concerns, and priorities in regard to transportation infrastructure and services, climate hazards and vulnerabilities, and other sectors and factors critical to achieving community resilience, mobility, and social justice goals. Promote community resilience vision developed as part of Task 3.1 to gain support from broader community. • Produce and distribute outreach materials in English, Spanish, and other languages as needed to encourage broad public participation. Secure translation services, as needed, for community engagement activities. • Identify additional stakeholder groups to conduct targeted meetings with such as local tribes, health professionals, major industries and employers, and regional agencies. • Develop meeting summaries to inform the development of the Public Safety/Adaptation Plan and Implementation Guide (Task 5). Task 4.3: Educational Events • Host at least 4 climate science and adaptive capacity building events for the public with the aim of educating community members about current and future climate vulnerabilities in the City, and public safety and adaptation best practices that can be pursued at the community and/or individual level. Promote community resilience vision developed as part of Task 3.1 to gain support from broader community. • Evaluate different types of events that can be organized to appeal to different types of stakeholders (e.g. trivia night, lecture series, and videos). • Coordinate with external organizations (e.g. Central Coast Climate Collaborative, NOAA, USGS, and Cal Poly, San Luis Obispo) to identify educational materials, programs, or events that could be provided to the public. Task Deliverable 4.1 Community Outreach Plan 4.2 Agendas, summaries, and participant lists from 4 events 4.3 Agendas, summaries, and participant lists from 4 events Task 5: Safety Element of the General Plan LGC will support Task 5 by providing guidance, connections, and review of draft products. Task 5.1: Menu of Adaptation Options • Share resources, provide guidance, and connect consultants to additional subject-matter experts, as requested. • Review the draft Menu of Adaptation Options to provide suggestions for improvement, including alignment with deliverables from other project tasks. Task 5.2: Safety Element of the General Plan Update 6 • Share resources, provide guidance, and connect consultants to additional subject-matter experts, as requested. • Review the draft Safety Element to provide suggestions for improvement, including alignment with deliverables from other project tasks. Task 5.3: Integration Guide and Work Plans • Share resources, provide guidance, and connect consultants to additional subject-matter experts, as requested. • Review the draft Integration Guide and Work Plans to provide suggestions for improvement, including alignment with deliverables from other project tasks. Task Deliverable 5.1 Summary of feedback 5.2 Summary of feedback 5.3 Summary of feedback Task 6: Capacity Building LGC will lead all aspects of Task 6, working closely with City staff. This task will begin with a Capacity and Coordination Assessment, which will ultimately develop an “organizational chart” of City departments, committees, and bodies, as well as regional agencies, climate change organizations, and community- based organizations working on climate change issues. The Project Team will then conduct a series of capacity building activities for City staff, utilizing the Adaptation Capability Advancement (Adapt-CA) Toolkit, developed as part of California’s Fourth Climate Change Assessment. LGC will examine current coordination practices among departments and organizations that have overlapping responsibilities for adaptation actions and produce recommendations for enhancing coordination efforts and mainstreaming adaptation activities. Finally, in an effort to seek regional alignment and to further the broader field of adaptation in California, LGC will conduct a series of regional and statewide dissemination activities. Task 6.1: Capacity and Coordination Assessment • Review purviews of all City departments, committees, and bodies to assess who is responsible for transportation, public health and safety, and community resilience; their capacity and understanding of adaptation and resilience; and the level of coordination across the City bodies. • Interview City staff, regional agencies, climate change organizations, community-based organizations, and other key stakeholder groups to increase understanding of roles, capacity, and interest in coordination. • Develop an “organizational chart” that provides a full picture of public and non-public agencies working on climate issues and provide a set of recommendations for improving coordination efforts. Task 6.2: Capacity Building Activities • Based on the ecosystem of various entities, stakeholders, and organizations working on public safety and adaptation, conduct internal capacity building activities including at least 4 7 seminars, workshops, webinars, and/or coordination meetings for City staff to increase understanding of climate risks, discuss priority adaptation strategies, institutionalize adaptation principles, and establish internal coordination processes. • Establish mechanisms for ongoing coordination and collaboration for City staff to engage with key external stakeholders (e.g. Central Coast Climate Collaborative, FEMA, Cal FIRE, and regional transit agencies). • Promote community resilience vision developed as part of Task 3.1 to gain support from City leaders and staff across departments. Task 6.3: Statewide Dissemination • Coordinate with key project partners to write a summary report to help other jurisdictions learn from the project and replicate it throughout the state. • Share results and report with other climate adaptation focused groups including the Alliance of Regional Collaboratives for Climate Adaptation and its member collaboratives in the Central Coast, North Coast, Sacramento Capital Region, San Francisco Bay Area, Sierra Nevada, Los Angeles County, and San Diego County. • Hold at least one webinar to share project results, with target audience of local jurisdictions and agencies in the Central Coast region, Caltrans staff, transportation agencies, public health groups, and other key stakeholders throughout California. • Develop a case study for ICARP for inclusion in Adaptation Clearinghouse and to further disseminate project results and key findings. Task Deliverable 6.1 Org chart; summary of roles/capacity; recommendations memo 6.2 Meeting agendas; meeting summaries; participant lists 6.3 Project summary report; webinar; case study Task 7: Administration LGC will provide clear and detailed invoices and reports to the City on a quarterly basis. Task 7.1: Invoicing • Provide clear and detailed invoices to the City on a quarterly basis. Task 7.2: Reporting • Provide clear and detailed reports to the City on a quarterly basis. Task Deliverable 7.1 Quarterly invoices 7.2 Quarterly reports Julia Kim Director of Climate and Energy Programs Grace Kaufman Project Manager Amber McGarvey Project Associate CivicSpark Fellow Direct Expenses Description Subtask Total Task Total $124 $75 $66 $20 #TASK LGC DELIVERABLES 1 Project Initiation 1 Kickoff Meeting with Caltrans $0 $21,145 1 Subcontract with Sub-Applicant $0 1 Project Charter and Kickoff Project Charter, kickoff meeting agenda 10 25 $3,115 1 Request for Proposals and Contracting with Consultant(s) RFP review committee roster, scoring sheets 10 6 $1,690 2 Project Coordination Meeting summaries 40 120 30 20 $16,340 2 Existing and Projected Conditions 2 Current and Future Hazards Assessment Summary of feedback 20 15 $3,605 $10,815 2 Comprehensive Vulnerability Assessment Summary of feedback 20 15 $3,605 2 Hazards and Vulnerabilities Report Summary of feedback 20 15 $3,605 3 Adaptation Policy Audit 3 Local Policy Audit Summary of plans and policies reviewed; policy crosswalk; community resilience vision 15 80 45 50 $11,830 $19,710 3 State Law Compliance Timeline Summary of state laws; timeline for alignment and compliance 10 40 40 50 $7,880 4 Community Outreach and Education 4 Community Outreach Plan Community Outreach Plan 10 25 50 100 $8,415 $50,135 4 Community Engagement Activities Agendas; summaries; participant lists 15 80 100 200 $2,400 Assumes 3 trips (each trip: $300 transportation, $150 lodging, $50 meals); Event supplies and refreshments ($300 for each event) $20,860 4 Educational Events Agendas; summaries; participant lists 15 80 100 200 $2,400 Assumes 3 trips (each trip: $300 transportation, $150 lodging, $50 meals); Event supplies and refreshments ($300 for each event) $20,860 5 Safety Element of the General Plan 5 Menu of Adaptation Options Summary of feedback 20 15 100 $5,605 $16,815 5 Safety Element of the General Plan Update Summary of feedback 20 15 100 $5,605 5 Integration Guide and Work Plans Summary of feedback 20 15 100 $5,605 6 Capacity Building 6 Capacity and Coordination Assessment Org chart; summary of roles/capacity; recommendations memo 10 40 30 175 $9,720 $26,880 6 Internal Capacity Building Activities for City Staff Meeting agendas; meeting summaries; participant lists 30 60 30 175 $500 Assumes 1 trip ($300 transportation, $150 lodging, $50 meals) $14,200 6 Statewide Dissemination Project summary report; webinar; case study 5 10 15 30 $2,960 7 Administration 7 Invoicing Quarterly invoices 10 $750 $2,250 7 Reporting Quarterly reports 20 $1,500 Total hours 290 686 440 1300 $5,300 $147,750 LGC Budget & Staffing Allocations EXHIBIT B GENERAL TERMS AND CONDITIONS 1.Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of the City’s Request for Proposal referenced in paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing between the parties. If the Agreement is entered into outside of a Request for Proposal, Contractor shall provide proof of insurance in the form in the form coverages and amounts specified in Exhibit B 2.Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 3.Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 4.Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 5.Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 6.Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 7.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 8.Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 9.Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 10.Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 11.Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 12.Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 13.Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 14.Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 15.Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 16.Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 17.Hold Harmless and Indemnification. (a)Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 18.Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 19.Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 20.Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. EXHIBIT C INSURANCE RQUREIMENTS___________________________________________________ Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be a at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3.Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4.Errors and Omissions Liability Insurance as appropriate to the consultant’s profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1.General Liability: Contractor shall maintain commercial general liability insurance with coverage at least as broad as insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 2.Automobile Liability: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less that $1,000,000 combined single limit for each accident. 3.Employer’s Liability: Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to the City along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers. 4.Errors and Omissions Liability: Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this Agreement. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other insurance Provisions. The general liability and automobile liability policies are to contain or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contract tor; or automobiles owned, leased, hired or borrowed b the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. 2.For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3.The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 4.Each insurance policy required by this clause shall be endorsed to state t that co verage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less that A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsement effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.