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Item 09 - Agreement with the Local Government Commission to support Caltrans Climate Change Adaptation Grant (Resilient San Luis Obispo)
Department Name: Community Development Cost Center: 4001 For Agenda of: January 21, 2020 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Teresa McClish, Special Projects Manager SUBJECT: AGREEMENT WITH THE LOCAL GOVERNMENT COMMISSION TO SUPPORT THE CALTRANS CLIMATE CHANGE ADAPTATION GRANT (RESILIENT SAN LUIS OBISPO) RECOMMENDATION Authorize the Community Development Director to enter into an agreement (Attachment A) with the Local Government Commission (LGC) in the amount of $147,750 to support a comprehensive vulnerability assessment and update to the Safety Element of the General Plan funded through the Caltrans Climate Change Adaptation Grant, “Resilient SLO.” DISCUSSION Background In May 2019, the City was awarded a climate change adaptation grant from Caltrans titled, “Resilient San Luis Obispo” for the amount of $435,250, with a local in-kind staff time match valued at approximately $56,400 over a three-year period (Attachment B). The staff time match has been allocated to implement objectives in the 2019- 21 Financial Plan including an update to the Safety Element of the General Plan and the Climate Action Plan (CAP). The grant will fund consultant assistance to conduct a comprehensive assessment of the community’s vulnerability to the impacts of climate change and to update the Safety Element of the General Plan to include a strong adaptation and resilience focus. LGC was a co-applicant on the grant and a contract with LGC is required to formalize the roles and responsibilities associated with work under the grant.The agreement includes support for project management, overall coordination, an audit of current City adaptation policies, a capacity and coordination assessment, and the placement of an additional CivicSpark Fellow with the sole focus of completing the grant work. In addition, LGC would provide community outreach and education along with subject-matter expertise throughout the duration of the project. LGC staff has extensive experience in public engagement in climate change adaptation and in facilitating projects. Separately, the City is currently participating with CivicSpark, a statewide program through the LGC, with two Fellows working on the CAP and Resilient SLO. Item 9 Packet Page 133 City staff conducted the kick-off meeting with Caltrans and are coordinating with LGC on the Request for Proposals (RFP) required to secure technical consultants to prepare the comprehensive hazard and vulnerability assessments and adaptation strategies for the General Plan Safety Element update. As currently proposed, the LGC will provide day to day oversight of the Safety Element consultant and review of work product in coordination with City staff. Previous Council or Advisory Body Action On October 15, 2018, Council authorized staff to submit a grant application for this program and further affirmed a commitment to updating the Safety Element of the General Plan as part of the 2019-21 budget, as approved on June 3, 2019. On August 20, 2019, Council approved a resolution accepting the Caltrans Climate Change Adaptation Planning Grant. Public Engagement The update to the Safety Element of the General Plan is included as a work task in the 2019-21 Climate Action Major City Goal (MCG). The MCGs were developed as part of an extensive and comprehensive public engagement process. CONCURRENCE The Office of Sustainability secured this grant and are working with the Community Development Department on the project and the MCG work task and concurs with this report. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2019-21 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State $435,250 $147, 750 $287,500 Federal 0 Fees 0 Other: 0 Total $435,250 $147,750 $287,500 Item 9 Packet Page 134 The project is supported by a $435,000 grant from Caltrans. The Agreement for LGC’s services will encumber $147,750 of the grant. The remaining grant funds ($287,000) will be used for the additional consulting services to prepare technical reports and the Safety Element through issuance of an RFP. The $56,000 required grant match from the City is provided through staff time including the project manager in Community Development, support staff form the Office of Sustainability and the Fire Department, and support staff throughout the City over the three year project and is included in the existing City Financial Plan. ALTERNATIVES Council could choose not to provide authorization for the agreement. Staff does not recommend this as this would require significant staff resources to manage the grant and prepare the General Plan Safety Element update, without valuable expertise offered by the LGC. In addition, LGC was a co-applicant on the Cal Trans grant. Attachments: a - Local Government Commission Contract b - Restricted Grant Agreement Item 9 Packet Page 135 Agreement Page 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____day of ______, 2020 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and the LOCAL GOVERNMENT COMMISSION (LGC) hereinafter referred to as Contractor or Consultant. W I T N E S S E T H: WHEREAS, in May, 2019, the City was awarded a Climate Change Adaptation Grant (Grant) from the California Transportation Commission; and WHEREAS, the City wants to engage the services of the LGC, who is listed as a sub-applicant on the Grant, in support of project management and plan preparation as outlined in the Grant Scope of Work; and WHEREAS, Contractor is qualified to perform this type of service and has submitted a cost proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenant s hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until as first written above, until acceptance or completion of said services. 2.INCORPORATION BY REFERENCE The Contractor’s scope of work incorporated in and made a part of this Agreement attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. The City ’s insurance requirements and contractors proof of insurance are hereby incorporated in and made part of this Agreement attached as Exhibit C. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City agrees to cooperate with Consultant in the completion of the work described in the Scope of Work attached hereto and incorporated by reference. City will pay and Consultant shall therefore receive payments in accordance with that scope of work for the total sum of $147, 750. Item 9 Packet Page 136 Agreement Page 2 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed b y City, Consultant agrees with City to provide all specified services as set forth in the Scope of Work attached hereto and incorporated herein by this reference. Consultant may not amend the Scope of Work, either to modify provisions or to add or delete p rovisions, without prior written consent of the City's Project Manager. 5.AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the authorized agent of the City, in compliance with City policies. 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail ad dressed as follows: City City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Attn: Michael Codron, Community Development Director Contractor Local Government Commission 980 9Th Street, Suite 1700 Sacramento, CA 95814 Attn: Julia Kim, Senior Project Manager, Climate Change 8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ Heidi Harmon, Mayor Item 9 Packet Page 137 Agreement Page 3 ATTEST: _______________________________ City Clerk APPROVED AS TO FORM: Local Government Commission ________________________________ By: _____________________________________ City Attorney Item 9 Packet Page 138 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 Item 9 Packet Page 139 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. Item 9 Packet Page 140 •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. Item 9 Packet Page 141 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) Item 9 Packet Page 142 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. Item 9 Packet Page 143 • 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 Item 9 Packet Page 144 •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: Item 9 Packet Page 145 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 Item 9 Packet Page 146 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. Item 9 Packet Page 147 •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 Item 9 Packet Page 148 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 Item 9 Packet Page 149 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 Item 9 Packet Page 150 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 Item 9 Packet Page 151 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 Item 9 Packet Page 152 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. Item 9 Packet Page 153 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. Item 9 Packet Page 154 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 Item 9 Packet Page 155 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 Item 9 Packet Page 156 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 Item 9 Packet Page 157 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 Item 9 Packet Page 158 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 Item 9 Packet Page 159 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 Item 9 Packet Page 160 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 Item 9 Packet Page 161 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 Item 9 Packet Page 162 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. Item 9 Packet Page 163 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. Item 9 Packet Page 164 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. Item 9 Packet Page 165 ADAPTATION GRANTS (STATE) RESTRICTED GRANT AGREEMENT City of San Luis Obispo Agreement Number 74A 1165 Page 1 of 16 THIS RESTRICTED GRANT AGREEMENT (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CAL TRANS, and the City of San Luis Obispo, hereinafter referred to as AGENCY, will commence on November 15, 2019, or upon approval by CAL TRANS, whichever occurs later. This RGA is of no effect unless approved by CAL TRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt of Notice to Proceed by the CAL TRANS Contract Manager. This RGA shall expire on February 28, 2022. RECITALS 1. Under this RGA, CAL TRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants and conditions of this RGA. 2. CAL TRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, lnteragency Agreement, or other non-grant agreement shall be subject to this RGA. NOW, THEREFORE, based upon the terms, covenants and conditions of this RGA, the parties agree as follows: SECTION I AGENCY AGREES: To timely and satisfactorily complete all Project Work described in Attachment II within the project budget and in accordance with the items of this RGA. SECTION II CAL TRANS AGREES: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. SECTION Ill IT IS MUTUALLY AGREED: 1. Under this RGA, CAL TRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will conduct transportation studies and planning within the regional area described in Attachment II. The funds subject to this RGA must be (a) identified as available for a restricted grant in CAL TRANS's budget and (b) for the purpose of conducting transportation studies or planning and (c) to a public entity that is responsible for conducting transportation studies or planning. Item 9 Packet Page 166 City of San Luis Obispo Agreement Number 74A1165 Page 2 of 16 2. Under this restricted grant, funds may be only used for the purpose set forth in RGA, Resolution (Attachment I), Scope of Work and Project timeline (Attachment II), and the applicable Grant Application Guide, available upon request, and funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in the "Resilient San Luis Obispo", hereinafter the Project, subject to the terms and conditions of this RGA and the Approved Project Grant Application (Scope of Work and Project timeline}, which are attached hereto as Attachment II. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I. 5. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with California Senate Bill No. 1 (SB-1) (Chapter 5, Statutes of 2017), also known as the Road Repair and Accountability Act of 2017, including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CAL TRANS policies and procedures, and all applicable CAL TRANS published manuals, including, but not limited to, the applicable Grant Application Guide, applicable upon request. California Government Code Section 14460(a)(1) provides: "The department [CAL TRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department." In case of conflict between Federal, State and Local laws, regulations, and ordinances, and/or any applicable policies, procedures, or published manuals of either CAL TRANS or AGENCY, the order of precedence of the applicability of same to this RGA shall be established in this order: 1) Federal laws and regulations; 2) California laws and regulations; 3) CAL TRANS policies, procedures, and published manuals; 4) Local ordinances; and 5) AGENCY policies, procedures, and published manuals. This RGA may not include any federal funds. 6. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT Public Transportation State $435,250.00 Account (PTA) LOCAL MATCH Agency Provided $56,400.00 In-Kind Local Match Agency Provided $4,000.00 Total Project Costs $495,650.00 No in-kind contributions may be made unless the amount and type of the contribution is identified above. 7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops. Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. Item 9 Packet Page 167 8. Notification of Parties a. AGENCY's Project Manager for PROJECT is Michael Codron. City of San Luis Obispo Agreement Number 74A1165 Page 3of16 b. CAL TRANS' Contract Manager is Cindy Utter. "Contract Manager" as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of San Luis Obispo Attention: Michael Codron Phone Number: (805) 781-7187 Email: mcodron@slocity.org 990 Palm Street San Luis Obispo, CA 93401 California Department of Transportation District 5/Transportation Planning Attention: Cindy Utter, Contract Manager Phone Number: (805) 549-3648 Email: cindy.utter@dot.ca.gov 50 Higuera Street San Luis Obispo, CA 93401 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on November 15, 2019, following the written approval of CAL TRANS and AGENCY'S receipt of the Notice to Proceed letter of this RGA by the CAL TRANS Contract Manager, and will expire on February 28, 2022. b. AGENCY will attend a kickoff meeting with CAL TRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by the CAL TRANS Contract Manager. 10. Changes in Terms/Amendments This RGA may only be amended or modified by mutual written agreement of the parties. 11. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CAL TRANS shall not exceed $435,250.00. b. It is agreed and understood that this RGA fund limit is an estimate and that CAL TRANS will only reimburse the cost of services actually rendered in accordance with the provisions of this RGA and as authorized by the CAL TRANS Contract Manager at or below that fund limitation established herein. Item 9 Packet Page 168 12. Termination City of San Luis Obispo Agreement Number74A1165 Page 4 of 16 a. CAL TRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CAL TRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT work in accordance with the terms of this RGA. In the event of termination for convenience, CAL TRANS will reimburse AGENCY for all allowable, authorized and non-cancelled costs up to the date of termination b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CAL TRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CAL TRANS to make final allowable payments for Project costs in accordance to the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. 13. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CAL TRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by the US Congress or the State Legislature for purposes of this program, CAL TRANS shall have the option to either terminate this RGA with no liability occurring to CAL TRANS, or offer an RGA Amendment to AGENCY to reflect the reduced amount. 14. Payment and Invoicing a. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Project Work. CAL TRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section Ill-Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section Ill-Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment II without an amendment to this RGA, as agreed between CAL TRANS and AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of the Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date, but must have also paid for those costs to claim any reimbursement. Item 9 Packet Page 169 City of San Luis Obispo Agreement Number 74A1165 Page 5of16 c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketquide.dot.ca.qov/. Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CAL TRANS at least quarterly but no more frequently than monthly in arrears for completion of milestones in accordance with the Project Timeline in Attachment II to the satisfaction of the CAL TRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CAL TRANS' Contract Manager at the following address, as stated in Section Ill-Notification of Parties, Item 8.c. e. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of Project Work 3) Locations of Project Work 4) Itemized costs as set forth in Attachment II, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow the CAL TRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. f. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section Ill-Termination, Item 12. g. CAL TRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CAL TRANS fiscal procedures permit upon receipt of an itemized signed invoice. h. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has 60 days after that Expiration Date to make final allowable payments to Project contractors or vendors, and submit the Project's Final Product(s) as defined in Attachment II and a final invoice to CAL TRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. 15. Local Match Funds a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. The frequency of the payments shall be agreed upon by the parties in a document signed by both parties. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Item 9 Packet Page 170 City of San Luis Obispo Agreement Number 74A1165 Page 6 of 16 Section Ill-Project Funding, Item 6, the contributions may be counted as cash when they are actually received by CAL TRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the date of issuance of the Notice to Proceed and prior to the Expiration Date of this RGA. b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment II. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the applicable Grant Application Guide, available upon request. 16. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub-recipients, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CAL TRANS. Should AGENCY fail to reimburse moneys due CAL TRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CAL TRANS is authorized to intercept and withhold future payments due AGENCY from CAL TRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified the estimated indirect cost rate in Attachment II, prepare and submit annually to CAL.TRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf. e. AGENCY agrees and shall require that all of its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above. Item 9 Packet Page 171 17. Americans with Disabilities Act City of San Luis Obispo Agreement Number 74A1165 Page 7of16 By signing this RGA, AGENCY assures CAL TRANS that in the course of performing Project work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC 12101 et seq.). 18. Indemnification Neither CAL TRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CAL TRANS and all of CAL TRANS' officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA. 19. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code,§ 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by CAL TRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CAL TRANS upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CAL TRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the Item 9 Packet Page 172 City of San Luis Obispo Agreement Number 74A1165 Page 8of16 nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the RGA. 20. Retention of Records/Audits a. AGENCY, its contractors, subcontractors and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CAL TRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub-recipients upon receipt of any request made by CAL TRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CAL TRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CAL TRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to GC Section 8546.7, AGENCY, AGENCY's sub-recipients, contractors, subcontractors, and CAL TRANS shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. AIL of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CAL TRANS, the California State Auditor, or any duly authorized representative of CAL TRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CAL TRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre-award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article. Item 9 Packet Page 173 21. Disputes City of San Luis Obispo Agreement Number 74A 1165 Page 9 of 16 a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CAL TRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The decision of the CAL TRANS Contract Officer shall be the CAL TRAN S's final decision regarding the dispute. b. Neither the pendency of a dispute nor its consideration by the CAL TRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. 22. Third:Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CAL TRANS Contract Manager unless expressly included (subrecipient identified) in Attachment II as part of the identified Project work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link:https://www.dgs.ca.gov/OLS/Resources/Paqe- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contractinq. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contractors, and subcontractors must be submitted to the CAL TRANS Contract Manager. d. CAL TRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CAL TRANS Contract Manager shall be required before AGENCY enters into any non-budgeted purchase order or sub-agreement for supplies or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section Ill-Payment and Invoicing, Item 14e(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses Item 9 Packet Page 174 City of San Luis Obispo Agreement Number 74A 1165 Page 10of16 and per diem rates for subcontractors shall be reimbursed pursuant to Section Ill-Payment and Invoicing, Item 14c, above. 23. Drug-Free Workplace Certification By signing this RGA, AGENCY certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by GC Section 8355(a)(2) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug-Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant: 1) Will. receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CAL TRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 24. Relationship of Parties It is expressly understood that this RGA is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 25. State-Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CAL TRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. Item 9 Packet Page 175 City of San Luis Obispo Agreement Number 74A1165 Page 11 of 16 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as Fl PS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing 'to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the RGA. 6) Notify the CAL TRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State- owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this RGA. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 26. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to and not a limitation of the AGENCY's indemnification obligations contained elsewhere in this RGA, the AGENCY hereby assumes all risks of the consequences of exposure of AGENCY's employees, agents, subrecipients, contractors and subcontractors, contractors and subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this RGA, to any and all environmental health hazards, local and otherwise, in connection with the performance of this RGA. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY's employees, agents, subrecipients, contractors and subcontractors, contractors and subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this RGA. AGENCY also agrees to indemnify and hold harmless CAL TRANS, the State of California, and each and all of their officers, agents, subrecipients, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CAL TRANS, the State of California, and/or any of their officers, agents, and/or employees. 27. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates four (4) cubic yards or more of organic waste or commercial solid waste per Item 9 Packet Page 176 City of San Luis Obispo Agreement Number 74A 1165 Page 12 of 16 week, the Contractor shall arrange for organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from the CAL TRANS Contract Manager. 28. Project Close Out/Final Product a. AGENCY will provide two (2) electronic versions of the Final Product(s) to the CAL TRANS Contract Manager. b. CAL TRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Product(s) to the CAL TRANS Contract Manager. c. AGENCY will provide two (2) Integrated Climate Adaptation and Resiliency Program (ICARP) case studies to the Governor's Office of Planning and Research (OPR). The first case study is due to OPR at project initiation and should identify the need for adaptation funding and intended outcome (s) of the project. The second case study is due at time of project end date and should highlight outcomes. Lessons learned and upcoming adaptation opportunity of the project. 29. Ownership of Proprietary Property a. Definitions 1) Work: The work to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: All deliverables created or produced from Work under this RGA including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this RGA and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this RGA. "Work Product" includes all deliverables, inventions, innovations, improvements, or other works of authorship AGENCY, its sub- recipients, a third-party contractor or subcontractor may conceive of or develop in the course of this RGA, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection. 3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY'S contractor, subcontractor and/or subrecipient and/or the AG ENCY's contractor, subcontractor and/or subrecipient's employees with one or more employees of CAL TRANS, during the term of this RGA and in performance of any Work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of Work issued under this RGA. b. Ownership of Work Product And Rights 1) Copyright Ownership of Work Product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the AGENCY, its employees, or by any of the AGENCY's contractor's, subcontractor's, and/or subrecipient's employees under this RGA, shall be owned by CAL TRANS and AGENCY and shall be considered to be works made for hire by the AGENCY and AGENCY's contractor, subcontractor, and/or subrecipient for CAL TRANS and AGENCY. CAL TRANS and AGENCY shall own all United States and international copyrights in the Work Product. As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a "c" in a circle followed by the four-digit year in which the Work Product Item 9 Packet Page 177 City of San Luis Obispo Agreement Number 74A1165 Page 13of16 was produced, followed by the words "California Department of Transportation and AGENCY. All Rights Reserved." For example, a Work Product created in the year 2012 would contain the copyright designation© 2012 California Department of Transportation, and AGENCY. All Rights Reserved. 2) Vesting of Copyright Ownership: AGENCY, its employees, and all of AGENCY's contractor's, subcontractor's, and subrecipient's employees, agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to CAL TRANS and AGENCY, its successors, and assigns, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the AGENCY's contractor, subcontractor, and/or subrecipient from CAL TRANS. From time to time, CAL TRANS and the AGENCY shall require its contractors, subcontractors, and/or subrecipients and their respective employees to confirm such assignments by execution and delivery of such assignments, confirmations, or assignment, or other written instruments as CAL TRANS and the AGENCY may request. CAL TRANS and the AGENCY, its successors, and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product. AGENCY shall require contractors, including subcontractors, to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work. c. Inventions 1) Vesting of Patent Ownership: AGENCY agrees to require subrecipients, contractors, subcontractors and their respective employees to assign to CAL TRANS and AGENCY, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent ownership rights and the right to claim all rights or priority there under, and the same shall become and remain CAL TRANS' property regardless of whether such protection is sought. The AGENCY, its employees, and AGENCY'S contractor, subcontractor, and subrecipient shall promptly make a complete written disclosure to CAL TRANS of each Invention not otherwise clearly disclosed to CAL TRANS in the pertinent Work Product, specifically pointing out features or concepts that the AGENCY, its employees, and/or AGENCY's contractor, subcontractor, and/or subrecipient believes to be new or different. The AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient shall, upon CAL TRANS and AGENCY's request and at CAL TRANS and AGENCY's expense, cause patent applications to be filed thereon, through solicitors designated by CAL TRANS and AGENCY, and shall sign all such applications over to CAL TRANS and AGENCY, its successors, and assigns. The AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient shall give CAL TRANS and AGENCY and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as CAL TRANS and AGENCY may consider necessary or appropriate to carry out the intent on this RGA. 2) Agency: In the event that CAL TRANS and AGENCY are unable for any reason whatsoever to secure the AGENCY's, its employees', and/or AGENCY's contractor's, subcontractor's, and/or sub-recipient's signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient hereby irrevocably designates and appoints CAL TRANS Item 9 Packet Page 178 City of San Luis Obispo Agreement Number 74A1165 Page 14 of 16 and AGENCY and its duly authorized officers and agents, as its agent and attorney-in- fact, to act for and on AGENCY, its employees, and AGENCY's contractor's, subcontractor's, and subrecipient behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks, or patents thereon with the same legal force and effect as if executed by AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient. CAL TRANS and AGENCY shall have no obligations to file any copyright, trademark, or patent applications. d. Additional Provisions 1) Avoidance of infringement: In performing services under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any Work under this RGA, AGENCY or its employees shall immediately notify CAL TRANS in writing. 2) Pre-existing Works and License: AGENCY agrees to require contractors, subcontractors, and subrecipients to acknowledge that all Work Product shall be the sole and exclusive property of CAL TRANS and AGENCY, except that any Pre-existing Works created by AGENCY and third parties outside of the RGA but utilized in connection with the RGA (the "Pre-existing Works") shall continue to be owned by AGENCY or such parties. AGENCY agrees to notify CAL TRANS in writing of any Pre- existing Works used in connection with any Work Product produced under this RGA and hereby grants to CAL TRANS a non-exclusive, irrevocable, worldwide, perpetual, royalty-free license to utilize the Pre-existing Works in connection with the Work Product. 3) Contractors, Subcontractors, and Subrecipients: Through contract with its subrecipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's Contractor/Subcontractor/Sub-recipient") providing services under this RGA to conform to the provisions of this Exhibit. In performing services under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY's Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any Work under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY shall then immediately notify the CAL TRANS in writing. e. OWNERSHIP OF DATA 1) Upon completion of all Work under this RGA; all intellectual property rights, ownership, and title to all reports, documents, plans, specifications, and estimates, produced as part of this RGA will automatically be vested in CAL TRANS and AGENCY and no further agreement will be necessary to transfer ownership to CAL TRANS and AGENCY. The AGENCY, its contractors, subcontractors, and subrecipients, shall furnish CAL TRANS all necessary copies of data needed to complete the review and approval process. Item 9 Packet Page 179 City of San Luis Obispo Agreement Number 74A1165 Page15of16 2) It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy of machine-readable form, are intended for one-time use in the Project for which this RGA has been entered into. 3) AGENCY, its contractors, subcontractors, and subrecipients, are not liable for claims, liabilities, or losses arising out of, or connected with, the modification or misuse by CAL TRANS of the machine-readable information and data provided by AGENCY, its contractors, subcontractors, and subrecipients, under this RGA; further, AGENCY, its contractors, subcontractors, and subrecip"1ents, are not liable for claims, liabilities or losses arising out of, or connected with, any use by CAL TRANS of the Project documentation on other projects, for additions to this Project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by AGENCY, its contractors, subcontractors, and subrecipients. 4) Any sub-agreement in excess of $25,000.00, entered, into as a result of this RGA, shall contain all of the provisions of this clause. Item 9 Packet Page 180 SECTION IV ATTACHMENTS· City of San Luis Obispo Agreement Number 74A1165 Page 16 of 16 The following attachments are incorporated into and are made a part of this RGA by this reference and attachment. I. AGENCY Resolution II. Scope of Work and Project Timeline IN WITNESS WHEREOF , th e parties hereto have executed this RGA on the day and year first herei n above written : STATE OF CALIFORNIA DEPART~NSPORTATION CITY OF SAN LUIS OBISPO P ~e~ Name: S' PrintedName: .. / _..;;...__"'_" _:-s. __ ._-L_ta....__,.+_,__ _____ __,M_ t Ul Ar=-L-<_,.oO(L ()N Title: Contract Officer Title: . Cv""'""'-v "' L 1-; 9e.vc.-\ "f""' (....\. t \2\v-(_,._.~v Date: / / Lo .)-l -i..o l ~ . ) By: Printed Name: Title : Date : By : Printed Name: Title: Date: Item 9 Packet Page 181 and RESOLUTION NO. 11036 (2019 SERIES) City of San Luis Obispo Agreement Number 74A1165 Attachment I Page 1 of 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE CALTRANS ADAPTATION PLANNING GRANT FOR THE PROJECT TITLED "RESILIENT SAN LUIS OBISPO" WHEREAS, climate change presents one of the most significant threats to our community; WHEREAS, the City seeks to maintain and enhance quality of life at a time of worsening climate change impacts; and WHEREAS, in order to adapt and enhance resilience, the City must conduct a comprehensive vulnerability study and develop adaptation policy; and WHEREAS, the Caitrans Adaptation Planning Grant provides resources to assess vulnerability and develop and adopt adaptation and resilience policy; and WHEREAS, !he City of San Luis Obispo City Council unanimously :sitpported a grimt application to Cultnms Adaptation Planning Grant program titled, "Resilient San Luis Obispo" for the purpose of assessing vulnerability and deyeloping and adopting adaptation and resilience policy; and WHEREAS, the City of San Luis Obispo is eligible.to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs; and WHEREAS, the City of San Luis Obispo wishes to delegate autl1orization to execute these agreements and any amendments thereto; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The City of San Luis Obispo City Council accepts the Ca!trans Adaptation Planning Grant award to complete the project titled "Resilient San Luis Obispo." R 11036 Item 9 Packet Page 182 i City of San Luis Obispo Resolution No. 11036 (2019 Series) Agreement Number 74A 1165 Attachment I Page 2 of 2 SECTION 2. For the purpose of this project, the City Council authorizes the City Manager or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation. Upon motion of Council Member Christianson, seconded by Council Member Gomez, and on the following roll call vote: AYES: NOES: ABSENT: Council Members Christianson, Gomez and Stewart Vice Mayor Pease and Mayor Harmon None None The foregoing resolution was adopted this 201h day of August 2019. ATTEST: \:::!::::.~~=:L~~~~~~~:__-~ Teresa Purrington City Clerk APPROVED AS TO FORM: ~_(_:&£ ii._-~ J. Christine Dietric~ City Attorney IN WITNESS WHEREOF, l have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of _h.\m@~·---' 2019. ',j~v~~ Teresa Purrington \ . ..• · City Clerk • R l 1036 Item 9 Packet Page 183 INTRODUCTION: City of San Luis Obispo Agreement Number 74A1165 Attachment II Page 1 of 13 SCOPE OF WORK: Resilient San Luis Obispo 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, Item 9 Packet Page 184 City of San Luis Obispo Agreement Number 74A1165 Attachment 11 Page 2 of 13 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 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 11A7 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 Item 9 Packet Page 185 City of San Luis Obispo Agreement Number74A1165 Attachment II Page 3of13 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 ElemenVAdaptation 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. • 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. ' Item 9 Packet Page 186 City of San Luis Obispo Agreement Number 74A1165 Attachment 11 Page 4of13 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 Consultantlsl • 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 Item 9 Packet Page 187 Task. 1. 1 1.2 1.3 1.4 1.5 Deliverable Copy of procurement procedures and executed consultant contract s Meeting summaries 2. Existing and Projected Conditions City of San Luis Obispo Agreement Number74A1165 Attachment 11 Page 5 of 13 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 wild land 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 Item 9 Packet Page 188 Task 2.2: Comprehensive Vulnerability Assessment City of San Luis Obispo Agreement Number 74A1165 Attachment 11 Page 6of13 • 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 find'1ngs. • 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 2.1 2.2 Deliverable Summary memos, map(s), and model(s) for each hazard area Risk Profiles for transportation, physical assets, and social and economic conditions; GIS datasets Item 9 Packet Page 189 2.3 3. Adaptation Policy Audit City of San Luis Obispo Agreement Number 74A1165 Attachment 11 Page 7 of 13 Nazards and Vulnerabilities Report; summary report; maps; summary memos; PowerPoint presentation; poster 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 ma'1ntaining 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 I ask 3.1 3.2 Deliverable Summary of plans and policies reviewed; policy crosswalk; communit resilience vision Summary of state laws; time/ine for alignment and com liance Item 9 Packet Page 190 4. Community Outreach and Education City of San Luis Obispo Agreement Number74A1165 Attachment II Page 8of13 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 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. • 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 Item 9 Packet Page 191 Task 4.3: Educational Events City of San Luis Obispo Agreement Number 74A1165 Attachment II Page 9of13 • 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 A endas; summaries; 4.3 Agendas; summaries; 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. Item 9 Packet Page 192 Task 5.1: Menu of Adaptation Options City of San Luis Obispo Agreement Number 74A1165 Attachment II Page 10of13 • 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 Item 9 Packet Page 193 Task· Deliverable . . 5.1 Matrix of adaJJfation oJJtions 5.2 UJJdated Safetv Element 5.3 lntearation Guide; work olans 6. Capacity Building . City of San Luis Obispo Agreement Number74A1165 Attachment 11 Page 11 of 13 : ·:: : ) : .. 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, a.nd 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 Item 9 Packet Page 194 Task 6.3: Statewide Dissemination City of San Luis Obispo Agreement Number74A1165 Attachment II Page 12 of 13 • 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 Deliverable Org chart; summary of roles/capacity; recommendations 6.1 memo 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 Deliv~rable 7.1 Quarter/ invoices to Ca/trans 7.2 Quarter/ re arts to Ca/trans Item 9 Packet Page 195 Project Title Fund California Department of Transportation Transportation Planning Grants Fiscal Year 2019-20 PROJECT TIMELINE Resilient San Luis Obispo Grantee !Cityof San Luis Obispo :n;;;11Sca1Nearl;2-ii1~'.!2:0J1;m1,n1;JEnJ11%Zd20121,L:1~J:1:nmn:1m:ll'Bf:Zo--:t1J.Z2mrn111mrn Task Number Task Name Ro=sponsible ""' Total Cost Grant Amount Local Cash Match Local In-Kind Match 'IAl,l <!Nlol,lcl <!Al ._,l,IAl'I QNlol,lcl <!Al ._,l,IAl'I QNl+cl <!Al• Defiverable ·:J:.. PrOie'ctliiitiilfiOn.a/}dCOoldiiiaifOh;;c;p;:;;; --1..::! Klckoff Meeting wtth Galtrar:s City $1,6\JO.ocil $0.00I $1,600.00 I I I Meeting surrrrary $0.00 $1,6UO.GDI I It l.'I g ~-.~---~-~ ···"'--~ •• ~ "--'---• "~---~ ••" M ~'"" M $2,000..00 Copy of executed subcontract $45D.OO MMnnn 2.2. 54,000.00 " $550.00 ~ R'oJect Coordination Ctty $2.0,600.00 $1_500..00 .;; Pf~j.,ctcn;.rter. ,. $2,DDO.OO Cap.; ~r-P,-a;;;,,e.ment procedures and execllled consuit;.nt contract[sl f>llootOl_g surrrranes ' ' :.1:. &dStiririiilndJ:'icJj?,;ted,c:clri~ii::,: 1:;-]l'J;;:; v Curre11tand Future Hazards Consultant $57,000.VD Assess=nt $52.000.0() S3,000.00I - ,2 Corrprehensive Vulnerabmty Assessment O;msultant 2.3 I Hazards artd Vulnerab~ities Report Consultant IAda-Ptli'fl!lh;l?;011CY:.ii'.li&ifllllhilliili!ii!:!lib!'.:!:H':;J;;\l'ii~''''• "' '' Local Por.cy Audtt CGC 02 State L<iw CofTll~ance TTmer"1e CGG ·i;,omm1dilti!!!5iffi'Eii1Ch:and'Eng.;:g;.,mem::1:,::'i · · ,_, CoITTTtJnity Outreach Ran CGC •2 CoITTTtJnity B1gagement Activities CGC $56,()()()_()(). S44,50o_oa $20,000.DD $13-200.00 4_3 IEflucationalEYents I LGC I $36,100.DOI (5\ 1\;,; '.$'ate' ',iE/i!ll\1elit'.lltt/Hi'GS.iMii"il:JPl<iifoi1ii !1tii1d;f•TillifLlJjfffij)fa S.1 Menu of Adaptation Options Consultant S26,oao.ool ,2 Safety Be=nt of the GenBral Flan Consultant " . S36,000.00 I $52,DDO.OO $4,000.00 $39,50D.OO $5,000.00 517,600.00 $2,400.00 $11,600.DD $1,600.00 li\IUIJEEE!Hlii!i1Jl .;:;11 $14,300..00 S2,800_()0 $0,000_()0 $4,700.00 $2,600..Q() $2.,000..00 '' 1nti"ion Guide and Work A<ins <lil · ·m!B~Pm11l Consultant $2.400,00 mn::1:·::;~1:1~nr.:11i nm '-' I capacity arid Coordfnation CGG Assessment $9,900.00 $1,800.00 smem $1,800.00 C2 O.pacTty Building Ac!Ntties CGC 512,900.00 $3,000.00 $3,000.00 '·' statewide Dissenination CGG $7,850.DO $4,850.00 S1,0{)().00 7ilil1 !ij,i:(@lili n::1n1:1~m11E!rn111 llvoTcing '-'"Y $14,300.00 $11,600.00 $2,700.00 ReoortTno $13 800.00 $11,600..00 $2.,2.00.00 ••• ,.'.!lb im\!Hlll:$ll35'.,~do iilil\\tli:l' . .4 Reimbursement of indirect costs is allowable upon a pp row I of an lndTrect Cost Allocation Plan fur each year of project acti~es. Proi.ide rate if indirect costs are included Tn the project budget Appro...,d Indirect Cost Rate: ___ % . $2,ooo_ooJ I I I I I I I I I 1 I I I I I I I I I I I I I I I 1111111111111111 $2,000.00 1111 Sumrrary rr-erros_ map(s), and rrodel(s) for each hazard area Risk Promos fortra:isportation, physical assets, and social and economc cooditions; GIS datasets Hazards and Vutnerabifrlies Report; sumrmry report; maps: surrrrary =tm5: PowerA>intpresentation, poster Sumrrary of pla.ros ;md pakies rEViewed; palicy crooswalk; corrm.mity resmence ,.~ Surrrrary of state laws; timeline for alignn-ent and corrpliance I I I O:mmJnity Outreach Aan Agerrlas; sum-raries: participant rsis Agendas; sumrmlies; parlicipantfLSts I I I I Matrix of adaptation ap!iaris 4><Jaled Safety Bemerrt ttegralfan Guide; work plans Org chart sumrary of roWcapacity; recorrrnendalions merm Meeting ager<!as; meeting surrrraries; rticiJ>antO.ts R'ojectsurrrrary report; weOOar, case ~,, I I !Ouarter1y invoices to Caltrans I I I Ouarte_rty reports to Caltrans Note: Each task must contain a grant amount and a local cash match amount. Lo cat cash match must be proportlon.allydistributed by the same percentage throughout each task. Local in-kind-match needs to be indicated where in-kind seri.ices will be used. Please rei.iewthe grant program section that you are applying to fur details on local match requTrements. The projecttimeline must be consistent with the scope of work. }> co Cil ~Q CD -:::l '< -o z-c (/) -u ~ 3 ~ !D ~CT <O ::+ CD I CDQ)""""5C ~ g. ----J c;;· w3to oro~rr -::i ~ Ci)" ~ --0>-0 w==c.no Item 9 Packet Page 196