CC 2015-08-11_08c Climate Action Plan Agreement_RinconMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: nt KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION TO APPROVE A CONSULTANT AGREEMENT WITH
RINCON CONSULTANTS, INC. FOR THE CENTRAL COAST
COLLABORATIVE CLIMATE ACTION PLAN IMPLEMENTATION AND
MONITORING PROGRAM.
DATE: AUGUST 11, 2015
RECOMMENDATION:
It is recommended the City Council approve a consultant agreement with Rincon
Consultants, Inc. for the Central Coast Collaborative Climate Action Plan (CAP)
Implementation and Monitoring Program.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The consultant agreement with Rincon Consultants, Inc. to prepare the Central Coast
Collaborative CAP Implementation and Monitoring Work Program specifies a fee of
$84,087. This cost is based on the participation of up to six (6) cities (Arroyo Grande,
Atascadero, Grover Beach, Morro Bay, Paso Robles and San Luis Obispo). The City
will pay Rincon for tasks outlined in the consultant agreement and the City will then be
reimbursed by the State through the Strategic Growth Council Sustainable Communities
Planning Grant Program. Given that the funds will "pass through" the City, there will not
be any impact on financial resources.
The grant application includes a matching fund requirement of ten percent (10%). Five
percent (5%) of the match can be met through "in-kind" services with the remaining
balance required in cash. The County of San Luis Obispo has agreed to use
EnergyWatch funds for the cash match. There will be no direct costs to the City. There
will be minimal staffing requirements to serve as the lead agency to manage the grant.
There will be some impact on staffing to participate in the program, but utilizing the CAP
implementation program toolkit should reduce overall staff time otherwise required to
implement the CAP.
BACKGROUND:
The Sustainable Communities Planning Grant Program (the "Grant Program") is
administered through the State's Strategic Growth Council and funded by Proposition
84, Chapter 9 funds from the Safe Drinking Water, Water Quality, Flood Control, River
Item 8.c. - Page 1
CITY COUNCIL
CONSIDERATION TO APPROVE A CONSULTANT AGREEMENT WITH RINCON
CONSULTANTS, INC. FOR THE CENTRAL COAST COLLABORATIVE CLIMATE
ACTION PLAN IMPLEMENTATION AND MONITORING PROGRAM
AUGUST 11, 2015
PAGE2
and Coastal Protection Act of 2006. This Grant Program implements the vision of the
Governor and Legislature to foster the development of sustainable communities
throughout California. It is designed to help local governments meet the challenges of
adopting land use plans and integrating strategies in order to transform communities
and create long-term prosperity. Sustainable communities are to promote equity,
strengthen the economy, protect the environment and promote healthy, safe
communities. The primary goal of the Grant Program is to develop and implement plans
that reduce greenhouse gas emissions and achieve the following objectives:
Grant Objectives:
• Improve Air and Water Quality
• Promote Equity
• Increase Infill & Compact
Development
• Protect Natural Resources & Ag
Lands
• Improve Infrastructure Systems
• Promote Energy Efficiency &
Conservation
• Promote Public Health
• Increase Housing Affordability
• Revitalize Urban & Community
Centers
• Reduce Auto Usage & Fuel
Consumption
• Promote Water Conservation
• Strengthen the Economy
The intent of Focus Area #1 of the Grant Program is to support the development and
implementation of effective and/or innovative local plans that support the state's AB 32
greenhouse gas (GHG) emission reduction targets and implement SB 375, while
creating sustainable communities. One example of an eligible proposal is to develop
implementation instruments to meet the goals of the Grant Program.
The City Council adopted a CAP to comply with State regulations on November 26,
2013. On February 25, 2014, the City Council adopted Resolution No. 4569 approving
the application for grant funds for the Sustainable Communities Planning Grant and
Incentives Program for the CAP Toolkit (see Attachment 1 for Resolution). Rincon
Consultants prepared the grant application at no cost to the City or participating
jurisdictions, and the City submitted the application as the lead agency. In June 2014,
the State Department of Conservation approved funding for the Central Coast
Collaborative Climate Action Plan Implementation .and Monitoring Program in the
amount of $102,940 (see Attachment 2 for the grant agreement).
Rincon Consultants has been allocated $84,087 of the total grant amount to prepare the
CAP Toolkit, and $18,853 has been allocated to the CivicSpark program for the
implementation of best practices for the regional energy audit and retrofit program, and
materials for community outreach. All six (6) participating cities determined that Rincon
Consultants was most qualified to perform the work since this firm prepared a CAP for
each of the six (6) cities and therefore is familiar with the CAP programs. The
Item 8.c. - Page 2
CITY COUNCIL
CONSIDERATION TO APPROVE A CONSULTANT AGREEMENT WITH RINCON
CONSULTANTS,_ INC. FOR THE CENTRAL COAST COLLABORATIVE CLIMATE
ACTION PLAN IMPLEMENTATION AND MONITORING PROGRAM
AUGUST 11, 2015
PAGE3
CivicSpark program was created out of a partnership between the Local Government
Commission and the Governor's Office of Planning and Research to provide local
project work and identify supporting resources to meet localized climate protection
goals. The San Luis Obispo County Air Pollution Control District (APCD) was selected
as one of the nine (9) regional partners throughout California for assisting the Central
Coast with CAP implementation. The local CivicSpark team provides assistance to
participating jurisdictions within the County in the implementation of their approved
CAPs. Funding for the CivicSpark program is from several sources, including the
Strategic Growth Council Sustainable Communities Planning Grant Program.
ANALYSIS OF ISSUES:
The CAP includes numerous implementation "action" measures to reduce GHG
emissions to achieve the goals of the plan. Other responsibilities to implement the
City's CAP include tracking, monitoring and reporting on the City's progress. The City
does not have a tracking or monitoring system for this purpose. A Toolkit can be
developed to assist the City (and participating agencies) by an outside consultant to
track and monitor CAP implementation.
Several CAP measures can be implemented through collaboration with other
jurisdictions (e.g. education and outreach). Other measures are unique to each
community and must be implemented locally. Staff worked with our local partners to
identify the most efficient and cost-effective ways to implement the City's CAP.
Development of a Toolkit that can be used by each community (independently) is a
cost-efficient method to proceed on this particular component of CAP implementation.
Many measures are already being voluntarily implemented, yet the City has no system
to track our progress. Additionally, since tracking measures require data from several
departments, and in some cases, data from other agencies (i.e. traffic model and
population data), it would be extremely helpful to have a tracking program to manage it.
Approving the consultant agreement with Rincon Consultants is required prior to
performing work on the CAP implementation and monitoring program.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve a consultant agreement with Rincon Consultants, Inc. for the Central
Coast Collaborative Climate Action Plan (CAP) Implementation and Monitoring
Program;
2. Modify and approve the consultant agreement with Rincon Consultants, Inc.;
3. Do not approve the consultant agreement with Rincon Consultants, Inc.; or
4. Provide direction to staff.
Item 8.c. - Page 3
CITY COUNCIL
CONSIDERATION TO APPROVE A CONSULTANT AGREEMENT WITH RINCON
CONSULTANTS, INC. FOR THE CENTRAL COAST COLLABORATIVE CLIMATE
ACTION PLAN IMPLEMENTATION AND MONITORING PROGRAM
AUGUST 11, 2015
PAGE4
ADVANTAGES:
Approving the consultant agreement with Rincon Consultants, Inc. will allow the City
and five (5) other participating jurisdictions to proceed with the development of a
tracking program (Toolkit) to implement the various action measures contained in the
City's CAP.
DISADVANTAGES:
Per the grant agreement, staff will need to contribute in-kind services up to $2,000.
However, if the consultant agreement is not approved and therefore the grant funds
rejected, the City will need to dedicate substantially more staff time to create a separate
implementation and monitoring program for the CAP.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted in front of City Hall on Thursday, August 6, 2015. The Agenda
and report were posted on the City's website on Friday, August 7, 2015. No public
comments were received.
Attachments:
1. City Council Resolution No. 4569
2. Strategic Growth Council Sustainable Communities Planning Grant Agreement
(Grant #3014-605)
Item 8.c. - Page 4
f ~'1 I
I ~)
AGREEMENT FOR CONSUL TANT SERVICES
THIS AGREEMENT, is made and effective as of August 11, 2015, between Rin,con
Consultants. Inc. ("Consultant"), and the CITY OF ARROYO GRANDE, a Municipal
Corporation ("City"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM
This Agreement shall commence on August 11, 2015 and shall remain and
continue in effect until August 11, 2017, unless sooner terminated pursuant to the
provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit "A", attached hereto and incorporated herein by this
reference.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally ·accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's Community Development Director shall represent City in all matters
pertaining to the administration of this Agreement. Richard Daulton shall represent
Consultant in all matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit "B", attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with-or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
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(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Consultant will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on_ the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant's business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
9. LAWS TO BE OBSERVED. Consultant shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those·
engaged or employed under this Agreement, any materials used in Consultant's
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performance under this Agreement, or the conduct of the services under this
Agreement;
(c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the City's Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of City or its designees at reasonable
times to such books and records; shall give City the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Parties") from and against any and
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all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Consultant, its officers, agents, employees or subcontractors or any
entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subcontractor or any other person or entity involved by, for, with or
on behalf of Consultant in the performance of this agreement. In the event Consultant
fails to obtain such indemnity obligations from others as required here, Consultant
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
12. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "C" attached hereto and
incorporated herein as though set forth in full.
13. INDEPENDENT CONSUL TANT
(a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant's officers, employees, or agents, except
as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
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Item 8.c. - Page 8
(b) No employee benefits shall be available to Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compehsation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14. UNDUEINFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Consultant, or from any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents, or subcontractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers,
employees, agents, or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
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obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City:
To Consultant:
18. ASSIGNMENT
City of Arroyo Grande
Teresa McClish, Community Development Director
300 E. Branch Street
Arroyo Grande, CA 93420
Rincon Consultants, Inc.
Attn: Richard Daulton
1530 Monterey Street, Suite D
San Luis Obispo, CA 93401
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
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this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. TIME
City and Consultant agree that time is of the essence in this Agreement.
22. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
23. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
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CITY OF ARROYO GRANDE RINCON CONSUL TING, INC.
By:. __________ ~ By: __________ _
Jim Hill, Mayor
Its: ------------
Attest: (Title)
Kelly Wetmore, City Clerk
Approved As To Form:
Heather K. Whitham, City Attorney
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Item 8.c. - Page 12
EXHIBIT A
SCOPE OF WORK
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June 16, 2015
Job No. 14-00090
Ms. Kelly Heffernan, AICP
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, Cal1forn1a 93401
605 54 7 0900
F~~ ~47 0901
mfo@rmconr onsultants .com
www rmconconsullants com
Subject: Central Coast Collaborative Climate Action Plan Implementation Monitoring &
Reporting Tools Scope of Work and Fees
Dear Ms. Heffernan:
We are pleased to submit this proposal to prepare Climate Action Plan (CAP) implementation
and monitoring tools for the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay,
Paso Robles, and San Luis Obispo. This letter describes our proposed scope of work, fees, and
schedule, which are consistent with the Strategic Growth Council Sustainable Communities
Planning Grant Agreement.
SCOPE OF WORK
Task 1: Project Kickoff Meeting
Rincon will attend a project kickoff meeting with the participating jurisdictions, including the
cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, and San Luis
Obispo. The purpose of this meeting will be to review the scope of work and schedule.
Task 2: Develop Implementation Monitoring Tool Template
To ensure that climate action plan (CAP) measures are implemented effectively and in line with
commitments, it is important to have systems and processes to record and track implementation
and measure impact over ti.me. Measuring and tracking the actual impact of implemented
measures is important because it not only allows local governments to better understand the
progress they are making towards their GHG reduction targets and measure performance
objectives, but because it also can help a local government target future investments in effective,
high-impact strategies.
As part of this task, Rincon will develop the framework for the Implementation Monitoring
Tool, which will be customized for each of the six cities as part of Task 3. The purpose of the
tool is to assist each participating city with tracking, monitoring, and reporting on
implementation and performance of its CAP measures. The tool will estimate the effectiveness
of individual measures and provide an indication of how overall emissions levels have changed
over ti.me relative to your target. The tool, which will be Excel-based, will provide a centralized
location for City staff to record, monitor, and track CAP activity data, and will include a
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detailed user guide, data sources, and responsible staff. Required data inputs will be clearly
identified on a single data input page at the front of the tool for use by City staff.
The tool will include a built-in GHG calculator which will utilize the input data, along with data
from the GHG inventory and CAP, to estimate the effectiveness of individual measures and
provide an indication of how overall emissions levels have changed over time relative to the
target. The final output will include summa:ry tables, charts, and other graphics to facilitate a
quick and easy understanding of the results (:implementation status, progress, and e.ffi.cacy)that
can be integrated into the Annual Progress Report (see Task4).
Task 3: Customize Implementation Monitoring Tool for Each Jurisdiction
Once the framework for the tool has been developed,. Rincon will customize it for each city
utilizing each city's GHG emissions inventory data, CAP measures, and CAP measure
perlo:rmance indicato:rn/ objectives. We have also included up to eight hours of coordination
wifu each of the six cities to review and discuss the specific inputs for each measure and action.
Task 4c Develop Annual Prowess Report Template
Rincon will develop a short progress report template (approximately 10 to 15 pages) that each
city can use to report annually on CAP measure implementation and progress towards
achieving the CAP performance criteria. The progress report will include a one to two page
overview summarizing overall progress and highlight key implementation efforts for the
calendar year. It will also include an additional one to two pages for each focus area or sector
(i.e., energy, transportation, solid waste, etc.) providing a smmna:ry of the focus area, and space
to report on the implementation status, achievements, and progress of individual measures and
actions. The report will be designed to utilize the output tables, charts, and graphs from the
Implementation Monitoring Tool
Task 5: Stakeholder Meetings and Staff Training
Following completion of Tasks 1 through 4, Rincon will hold one comprehensive staff training
for each city that will last up to two hours. All staff who will be responsible for implementing
and monitoring measure progress should attend. In addition, this scope of work includes
attendance at up to two GHG stakeholdermeetings.
Task 6: Administration, Project Management, Coordination
Based a 12 month schedule for project completion, Rincon will assist the City of Arroyo Grande
wifu preparing up to four quarterly progress reports pertaining to Task 1 CAP Implementation
and Monitoring Tools of the Central Coast Collaborative CAP Implementation and Monitoring
Program for the Strategic Growth Council. Reports will include information required by the
Strategic Growth Council as identified in the grant agreement/ guidelines. Rine on will also
assist the City with preparing the project completion report as it pertains to Task 1 of the grant
program The project completion report will meet all requirements specified in the grant
agreement
This task also includes general project management, which includes coordinating with City staff
and the internal project team, conducting quality control,. and preparing our monthly invoices
and progress reports.
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PROJECT iv.IANAGEJMENT
The project will be overseen by Richard Daulton, PrincipaL and Shauna Callery, Senior Project
Manager. Christina McAdams and Erik Feldman will serve as the technical leads for the wo:rk
program and the main points of contact for the individual cities during Task 3.
SCHEDULE
Rincon will complete the scope of work within approximately 12 months of notice to proceed,
as shown in the table below.
''" .. ", ,'-'
"''fask : '' Iimefrarrie k•><•
' " '-' -" . ,-'
'"
'
Task 1: Kickoff Meeting August2015
Task 2: Develop Monitoring Tool Template August -0 ctober 2015
Task 3: Customize Tool for lnd1v1dual Jurisdictions November 2015-Apnl 2016
Task 4: Develop Annual Progress Report Template April -May 2016
Task 5: Stakeholder Meetings and Staff Trainings November 2015-July 2016
Task 6: Adm1nistrat1on, Project Management; Coordination August 2015 -July 2016
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EXHIBIT B
PAYMENT SCHEDULE
COST
Rincon Consultants, Inc. will prepare the Central Coast Collaborative CAP Implementation and
Monitoring Work Program for the City of Arroyo Grande in accordance with the scope of
services described above for a fee of $84,087, as shown on the following page. This cost includes
all of the tasks de scribed above and is based on the parl::icip ation of up to six cities (Arroyo
Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, and San Luis Obispo).
All deliverables will be provided electronic ally in Micro soft Excel or Word Additional work not
included within our proposed work program will be completed only upon written
authorization in accordance with our fee schedule.
Page 13
Item 8.c. - Page 17
~. -------~ > ---
":rmcon TonstiltantS-Lilbilr Hours· · . ' -. ,,
Tasks . cost · _ff ours -·~i!u:ipal ~ojectManager Assodate Graphics ·:llencal
'"
--. ;-;: ·>_ -"' <)195 ~.S135 . -Si10:: -~5 -~. J65--_y_ •' ',: -'' ---
Task 1: Kicklff Meeting S1,26S.OO 11.0 4 6 1
Task 2: Develop lrq>lementation Monitorilg Tool Tempate Sl.2,910.00 118.0 2 24 (j(J 30 2
Task 3: Customize Tod for Each JU"isdiction* $il2,565.00 371.0 3 (j(J 308
Qty of Sanluis Obispo $9,700.00 84.0 1 15 68
Five Part1c1patmg Cities $33,060 00 2880 3 45 240
Task 4: Develop Ammil ~gress Report Terq>late $5,030.00 44.0 1 12 24 6 1
Task 5: Stakeholder Meetings and Staff Training $6,060.00 46.0 40 6
Task 6: Adninistratiol\ ~ject Management, Cbordilation $13,795.00 1'.12.0 4 67 29 12
6.1: Invoicing and Reporting $5,925.00 54.0 21 21 12
6.2: Final Program Report $1,420.00 12.0 4 8
6.3: General Prcject Management and Coordination $6,450.00 46.0 4 42
Subtotill lilor. $81,625.00 702.0 10 207 433 36 16
' Ad~itional t9sts " -
General & Adm imstrat1ve $2,462 00
Subtotill Alklitionill Costs: $2,462.00
TOTALiABO_R PuJS ADDUI ONAL COSTS. ..
0. · :S'8410Bioo
*Cities cf Arroyo Grande, Atascadero, Grover Beach, Morro Bo/, Paso Robles, and Sanluis Obispo
Page 14
Item 8.c. - Page 18
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A-or better and
a minimum financial size VII.
Page 15
Item 8.c. - Page 19
General conditions pertaining to prov1s1on of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over'' claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be.delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly '
paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require its insurer to modify
Page 16
Item 8.c. - Page 20
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self-insure its obligations to City. If Consultant's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At the time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and typ~s of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
Page 17
Item 8.c. - Page 21
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligati9n or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Page 18
Item 8.c. - Page 22
ATTACHMENT 1
RESOLUTION NO. 4569
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES
PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE
SAFE DRINKING WATER, WATER QUALITY AND SUPPLY,
FLOOD CONTROL, RIVER AND COASTAL PROTECTION
BOND ACTION OF 2006 (PROPOSITION 84) FOR THE
CLIMATE ACTION PLAN IMPLEMENTATION TOOLKIT
WHEREAS, the Legislature and Governor of the State of California have provided funds
for the Sustainable Communities Planning Grant and Incentives Program; and
WHEREAS, the Strategic Growth Council has been delegated the responsibility for the
administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the Strategic Growth Council require a
resolution certifying the approval of applications by the Applicants governing board
before submission of said applications to the State; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California to carry out the development of the proposal ("Proposal").
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande:
1. Approves the filing of an application for the Climate Action Plan
Implementation Toolkit in order to become a sustainable community; and
2. Certifies that the City of Arroyo Grande understands the assurances and
certification in the application; and
3. Certifies that the City of Arroyo Grande will have sufficient funds to develop
the Proposal or will secure the resources to do so; and
4. Certifies that the Proposal will comply with any applicable laws and
regulations; and
5. Appoints the Community Development Director, or designee, as agent to
conduct all negotiations, execute and submit all documents including, but not
limited to, applications, agreements, payment requests and so on, which may
be necessary for the completion of the aforementioned project.
Item 8.c. - Page 23
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RESOLUTION NO. 4569
PAGE2
o'n motion of Council Member Costello, seconded by Council Member Brown, and by
the following roll call vote, to wit: ,
AYES:
NOES:
ABSENT:
Council Members Costello, Brown, Barneich, Guthrie, and Mayor Ferrara
None
None
the foregoing Resolution was passed and adopted this 25th day of February, 2014.
Item 8.c. - Page 24
RE;SOLUTION NO. "15lP'f
PAGE3
ATTEST:
APPROVED AS TO CONTENT:
~~ SlC~DAMS, CITY MANAGER
APPROVED AS TO FORM:
ATTORNEY
Item 8.c. - Page 25
ATTACHMENT 2
EDMUND G. BROWN JR., GOVERNOR
DEPAR.TMENT OF CONSERVATION
MwJ1,affi/1'11f" Cwbf,fo-rn44v'.Y Wo-rlvi/1'11f" Lwf!d,y
DIVISION OF LAND RESOURCE PROTECTION
801 KSTREET • MS 18-01 •.SACRAMENTO, CALIFORNIA 95814
PHONE 916 / 324-0850 • FAX 916 / 327-3430 • TDD 916 / 324-2555 • WEB SITE conservation.ca.gov
May 8, 2015
Ms. Kelly Heffernen
Associate Planner
City of Arroyo Grande
Community Development Department
300 East Branch Street
Arroyo Grande, CA 93420
Re: Strategic Growth Council Sustainable Communities Planning Grant #3014-605
Dear Kelly:
Enclosed is the fully executed Grant Agreement for your grant #3014-605. Funding for
this program is provided through the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Act of 2006 (Proposition 84). Please retain
this original hard copy of the Grant Agreement in your grant file for future
reference.
Please review the terms of the Grant Agreement as this is the contract between our two
parties. The official start date of your program was 2/20/15, as notified by email. I am
your assigned Grant Administrator. If you have any questions, please contact me
directly and if I am not available; please contact David Thesell at 916/324-0868. It is our
intent to answer your questions as quickly as possible and to keep your project moving
towards completion.
We appreciate your interest in advancing the Sustainable Communities Plan.ning Grants
and Incentives Program in your area and look forward to working with you.
Sincerely,
Gail Chun, M.S.
Grant Administrator
916/323-8930
Enc.
The Department of Conservation's mission is to balance today's needs with tomorrow's challenges and foster intelligent, sustainable,
and efficient use of California's energy, land, and mineral resources.
Item 8.c. - Page 26
DOC-6 State of California -The Resources Agency
(NEW 2-20-01) DEPARTMENT OF CONSERVATION
GRANT AGREEMENT
GRANTEE: City of Arroyo Grande .· ··.
PROGRAM: Department of Conservation, Division of Land
Resource Protection, Sustainable Communities Planning Grant
and Incentives Program GRANT NUMBER: 3014-605 AM.NO.:
..
·MAXIMUM AMOUNT OF THIS GRANT: $102,940.00
The Department and the Grantee hereby agree to the following:
-
(1) This Grant Agreement specifies the terms and conditions for funding a project update as awarded by the Strategic Growth
Council. This grant has been awarded as a result of a proposal received In response to the Program's Sustainable Communities t-
Planning Grant and Incentives Program Request for Proposals, dated Niwemb~. Project Title: -1)ij
Central Coast Collaborative CAP Implementation and Monitoring Program ~ /Je(,,e,•,,./()el ~1 kl..J.
(2) The grant term shall begin on the date upon which both parties have signed this Grant Agreement and end three years late~
(3) The Terms and CondlHons of this Agreement, including the Detailed Budget and Payment Provisions at Exhibit B, Grant
Summary, Work Plan and Schedule of Deliverables at Exhibit A, Certification of Compliance at Exhibit Care hereby made part of
and lncoporated Into this Agreeement.
(4) The amount of this Grant Agreement shall not exceed $102,940.00
STATE OF CALIFORNIA
D~~SERVATION Cit! of A.rroy_o Grande
GRANTEE
. ';:56--f.
/. '~ IAf A JV'IA. -;a_,-:;:--oz.... {z.o l U·-~ rYl ~~ l~@l._1S--
( A J1HORIZED SIGNt\'l'ORE DATE/ 1 AlJTHl5FlSIGNATIJRE DATE
Pavid These/I, Program Manager ~ wt •(_,,(,.) 1,, 1-L_l!::!::;ll\.
1...-f RINTED NAME ANO TITLE PRINTED NAME AND TrrtE
CERTIFICATE OF FUNDING
MBERED PRCGAAJo.llCATEGORY FUNDTITI.E BYlltlSOOCUMENT {COCEAND UllE)
$102,940.00 SGC-SCPGIP
6061·Pn>p 84-The 5afe Drtnlmg Waler, We lei
auallly and Supply Flood Conln>L Rlverend
Coaslal ProlecJJon Bond Aot of •nn•
INDEl<~'UM6ER PCANUMBER PRIORAMOUITTENCUMBERED FCRlltlS AGREE.\IENT 3200 36295
$0.00
Item CHAPTER STA"JlllE A60AL YJ;AR
3480-101-6051-004: $102,940.00 20 2013 2!L1a=T4
"TOTAL AMOWT ENCUMBERED lO DA"TE
-U1i{/r~
$102,940.00 OBJECT OF El<l'ENDllURS (CODE AND TinE)
702.21
I HEREBY CERTIFY UPOll MY OWN PERSONAL KllDWL ~-AA"-··~-·-··~·-•~M-••--SIONATUREOFACCO~....PA,.-~~ 1-f)~/;I) •~A.no, 6.R.tto,
D GRANTEE 0 DEPARTMENT OF CONSERVATION D~ Granl Agreement Cover Sheet
Item 8.c. - Page 27
California Department of Conservation -Division of Land Resource Protection
Strategic Growth Council -2014 Sustaillable Communities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
GRANT AGREEMENT
Terms and Conditions
I
This grant agreement (Grant Agreement) is entered into by and between the California Depa1tment of
Conservation, Division of Land Resource Protection, (DEPARTMENT), the administrative agent for the
California Strategic Growth Council (COUNCIL), and the City of AtTOyo Grande (GRANTEE)
(collectively PARTIES).
I. RECITALS
WHEREAS, Public Resources Code sections 75127, 75128, and 75129 authorize the COUNCIL to
manage and approve a program and associated guidelines for funding the creation of sustainable
community plans, which encompasses planning programs and projects described in the Sustainable
Communities Planning Grant Program Guidelines released and dated December 6, 2013; and
WHEREAS, The Sustainable Communities Planning Grant Program subsequently approved by the
Council and administered by the DEPARTMENT is funded by Proposition 84, the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of2006. Proposition
84 added Division 43 to the Public Resources Code, Chapter 9, Sustainable Communities and Climate
Change Reduction, Public Resources code section 75065(a), which authorizes the Legislature to
appropriate $90 million for planning grants and planning incentives that reduce energy consumption,
conserve water, improve air and water quality, and provide other community benefits; and
WHEREAS, the DEPARTMENT has received and reviewed GRANTEE'S application, which included a
detailed budget, specifications, and work plan in conformance with existing Sustainable Community
Planning Grant and Implementation Program Guidelines approved by the COUNCIL, dated December 6,
2013; and
WHEREAS, the COUNCIL has reviewed all relevant documents, including those required documents
necessary to comply with all existing laws and regulations and has approved the funding subject.to this
Grant Agreement; and
WHEREAS, the DEPARTMENT and the GRANTEE now desire to enter into this Agreement for
$102,940 to be expended on the creation of the sustainable community plan described in this Grant
Agreement and the exhibits which are incorporated in and attached to it;
NOW, THEREFORE, the PARTIES agree as follows:
Il. DEFINITIONS
1. The term "Act" means Proposition 84, the California Safe Drinking Water, Water Quality and
Supply, Flood Control, River ~n_d Coastal Protectim~ Bond Act of2006.
2. The term "Application" means the individual application form, its required attachments for grants
pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to
the DEPARTMENT prior to award.
3. The term "Appiication Guidelines" means the Sustainable Planning-Grant Program Guidelines
-------------dated De-cembe1· 6--;-2013:------------·------------·---------------------------------------·-------·-------..... --
Page 1 of14
Item 8.c. - Page 28
California Department of Conservation -Division of Land Resource Protection
Strategic Growth Cou11cil-2014 Sustai11able Commmzities Pla1111ing Grants
City of Arroyo Grande, Grant Number: 3014-605
4. The tenn "Grant" or "Grant Funds" means the money provided by the COUNCIL to the
GRANTEE in this Grant Agreement.
5. The tenn "Project" means the sustainable community planning project to be completed by
GRANTEE as described in the Application and exhibits incorporated in and attached to this Grant
Agreement.
6. The term "Work Plan" means the description or activity of work to be accomplished and the
timeframe for completing described work by the GRANTEE as further described in Exhibit A.
7. The tenn "Project Budget" means the State approved cost estimate included as Exhibit B to this
Agreement.
8. The term "Public Agency" means any State of California department or agency, a county, city,
public district or public agency formed under California law.
ID. GENERAL TERMS
1. The purpose of this GrantAgreement is to fund work outlined in the GRANTEE'S submitted
Work Plan and Budget, included in, and attached to this Agreement as Exhibits A and B.
2. This Grant Agreement becomes effective when executed by both PARTIES. GRANTEE shall
not commence performance until the Agreement is signed and fully executed by the DEPARTMENT on
behalf of the COUNCIL.
3. The date the Grant Agreement is fully executed by the DEPARTMENT on behalf of the
COUNCIL constitutes the Grant Start Date. The term of this Agreement shall begin at the time of such
execution and end three (3) years after the Grant Start Date, which constitutes the Grant End Date.
4. The signatories certify that they are authorized to act on behalf of the PARTIES in approving and
executing this Grant Agreement. The signatory for the GRANTEE further certifies that, to the extent
necessary, the Authoritative Body for the GRANTEE has endorsed GRANTEE'S receipt of grant funds
pursuant to this Grant Agreement and perfonnance of activities and expenditure of funds in a manner
consistent with the Work Plan and Schedule of Deliverables, Detailed Budget and Payment Provisions,
the General Terms and Conditions, Special Tenns and Conditions and Ce1tificates of Compliance, which
are attached to this Grant Agreement as Exhibits A-D.
5. The PARTIES agree that the DEPARTMENT shall act as grant manager and administer this
Grant Agreement on behalf of the COUNCIL.
6. The DEPARTMENT will, on behalf of the COUNCIL, monitor grant progress and review and
approve invoices and other documents delivered to the DEPARTMENT in accordance with the project
.cost terms in this Grant Agreement.
7. All official communication from the GRANTEE to the DEPARTMENT shall be directed to:
Department of Conservation, Division of Land Resource Protection, Attn: SCPGIP Grant
Administrator, 801 K Street, MS 18-01, Sacramento, CA 95814 or at:
SGCSustainablecommunities@conservation.ca.gov.
Page2 of14
Item 8.c. - Page 29
California Department of Conservation -Division of Land Resource Protection
Strategic Growtll Council -2014 Sustainable Communities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
N. PROJECT EXECUTION AND SCOPE
1. Subject to the availability of funds in the Act, the DEPARTMENT hereby grants to the GRANTEE a
sum of money (Grant Funds) not to exceed $102,940 in consideration of and on condition that the sum be
expended in carrying out the purposes as set fo1th in the description of Project in this Grant Agreement and its
attachments and under the terms and conditions set forth in this Grant Agreement.
2. GRANTEE shall furnish any and all additional funds that may be necessary to complete the. Project.
3. GRANTEE shall complete the Project in accordance with the Grant End Date, unless an extension
has been fonnally granted by the DEPARTMENT and under the tenns and conditions of this Grant
Agreement. Extensions may be requested in advance and will be considered by DEPARTMENT, at its sole
discretion, in the event of circumstances beyond the control of the GRANTEE, but in no event more than
thiity-six (36) months beyond the agreement execution (start) date. ·
4. GRANTEE shall at all times ensure that Project complies with all state and local laws, including,
and to the extent applicable the California Environmental Quality Act.
5. GRANTEE shall provide quarterly progress repmts, annual progress reports, final exit interviews,
and completed deliverables in accordance with the approved Work Plan as provided in Exhibit A, and in
accordance with the reporting requirements outlined in Exhibit D.
6. The tenns and conditions of this Grant Agreement, its attachments and exhibits constitute and
contain the entire Grant Agreement and understanding between the PARTIES, and may not be
contradicted by evidence of any prior or contemporaneous oral agreement.
V. MODIFICATIONS, AMENDMENTS, AND EXTENSIONS
1. No amendment or variation of the tenns of this Grant Agreement shall be valid unless made in
writing, agreed to, and signed by both PARTIES, as noted in Section III-3. An amendment will only be
authorized if it furthers the purpose of the grant as awarded and will, in the discretion of the Department,
further the interests of the state.
2. Any request by the GRANTEE for amendments must be in writing stating the amendment request
and reason for the request. The GRANTEE shall make requests in a timely manner and in no event less
than sixty (60) days before the effective date of the proposed amendment.
3. Changes to budget line item revisions of less than $1,000, minor task modifications, and staff
adjustments do not require amendment of the Agreement. However, the GRANTEE shall provide prior
written notification to the Grant Manager before making such changes. All change notifications shall be
made in writing and include a description of the proposed change and the reasons for the change.
4. GRANTEE agrees to submit in writing to the DEPARTMENT for prior approv~l any deviation
from the original Work Plan per Exhibit A. Changes in Work Plan must be necessary to meet the need
cited in the original Application. Any modification or alteration in the Project as set forth in the
Application on file with the DEPARTMENT must be submitted to the DEPARTMENT for approval.
Any modification or alteration in the Project must also comply with all current laws and regulations.
Requests to modify the Grant Agreement shall not be submitted more frequently than once every six
months. A change to a deliverable or its due date is insufficient cause to justify modifymg the Grant
Agreement. ·
Page 3of14
Item 8.c. - Page 30
California Depattment of Conservation -Division of Land Resource Protection
Strategic Growth Co1111cil -2014 Sustainable Communities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
VI. PROJECT COSTS AND ADMINISTRATION
I. The GRANTEE shall expend Grant Funds in the manner described in the Exhibit A as approved
by the DEPARTMENT. The total dollars of a line-item in the Project Budget may be increased by up to
ten percent (10%) through a reallocation of funds from another line-item, without approval by the
DEPARTMENT. However, the GRANTEE shall notify the DEPARTMENT in writing when any such
reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any
cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of
a line-item must be approved in writing by the DEPARTMENT. fu any event, the total amount of the
Grant Funds may not be increased, nor may any adjustments exceed the limits for preliminaiy costs as
described in the Application Guidelines.
2. Only direct costs are reimbursable under this contract. As a general principal, grant funds must
contribute towards the direct costs of the Project f01: which the funds were awarded, and the benefits
should be directly attributable to the grant. The following costs are ineligible for reimbursement:
• fudirect costs, including salaries and benefits of employees not directly assigned to the Project,
and organizational functions, such as personnel, business services, information technology,
salaries of supervisors or managers (not directly assigned to the Project)
• Overhead, such as rent, and utilities
• Food or beverages (e.g. as pa1t of meetings, workshops, training, or events).
3. All costs charged against the grant shall be net of all applicable credits. The term "applicable
credits" refers to those receipts or reductions of expenditures that operate to offset or reduce expense
items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily
limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds.
GRANTEE shall, where possible, deduct the amount of the credit from the amount billed as
reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future
invoice.
4. GRANTEE shall make all products and deliverable work-products acquired or developed
pursuant to this Grant Agreement available for inspection upon request and at the time designated by the
DEPARTMENT.
5. GRANTEE shall use any income earned by the GRANTEE from use of the Project to further
Project purposes, or, if approved by the DEPARTMENT, for related purposes within the jurisdiction.
6. GRANTEE shall report to the DEPARTMENT all sources of other funds for the Project.
VII. FINANCIAL RECORDS
1. GRANTEE shall maintain satisfacto1y financial accounts, documents, and records for the Project
and to make them available to the DEPARTMENT for auditing at reasonable times. GRANTEE shall
also retain such financial accounts, documents, and records for three (3) years after final payment and one
(1) year following an audit, whichever is the later date.
2. GRANTEE agrees that during regular office hours, the DEPARTMENT and its duly authorized
representatives shall have the right to inspect and make copies of any books, records, or reports of the
other PART.JES pertaining to this Grant Agreement or matters related thereto. GRANTEE shall maintain
and make available for inspection by the DEPARTMENT accurate records of all of its costs,
disbursements, and receipts with respect to its activities under this Grant Agreement.
3. GRANTEE shall use applicable Generally Accepted Accounting Principles (GAAP), unless
otherwise agreed to by the State.
Page 4 of14
Item 8.c. - Page 31
California Depaitment of Conservation -Division of Land Resource Protection
Strategic Growth Cou11cil -2014 Sustai11ah/e Co111111u11ities Pla1111illg Grants
City of Arroyo Grande, Grant Number: 3014-605
4. GRANTEE shall maintain adequate suppmting documentation in such detail so as to provide an
audit trail of receipts, expenditures, and disbursements. GRANTEE'S records will pe1mit tracing
transactions from support documentation to the accounting records to financial reports and billings. Such
documentation shall include, but shall not necessarily be limited to, subsidiaiy ledgers, payroll records,
vendor invoices, canceled checks, batlk or other fmancial account records, consultant contracts and
billings, volunteer rosters and work logs, and lease or rental agreements. Such documentation shall be
readily available for inspection, review, or audit by the Grant Manager or other representatives of the
State.
5. Subcontractor(s) employed by the GRANTEE and paid with moneys under the terms of this
Grant Agreement, shall be responsible for maintaining accounting records as required of GRANTEES.
VIII. PROJECT RECORDS
1. GRANTEE shall establish an official file for the Project. The file shall contain documentation of
all actions taken regarding this grant.
2. GRANTEE shall establish separate ledger accounts for receipt and expenditure of grant funds and
maintain expenditure detail in accordance with the approved budget detail and the Financial Records
section of this Grant Agreement.
3. The official file shall contain all financial records required of GRANTEES by this Grant
Agreement and be available for audit and review by the DEPARTMENT according to the same
requirements for financial records.
IX. REQUIRED REPORTS
4. The GRANTEE shall submit to the Grant Manager Qumterly Progress Repo1ts, Annual Progress
Reports, and a Final Report. The DEPARTMENT shall provide rep01t fonn templates. The GRANTEE
shall complete the required templates in their entirety, as described in Exhibit D, attached to this
Agreement.
1.1. The Quarterly Progress Reports shall conform to the provided templates and shall justify the
invoice items and charges, and indicate the percentages of work completed and the percentage of
funds invoiced.
1.2. The Annual Progress Reports shall conform to the template provided by the Department and
shall describe the status of the Project's ability to achieve the conditions put forth in the
Application Guidelines as identified or described in the GRANTEE application, including
a. GRANTEE eff01ts toward meeting the guidelines requirements of:
i. Required program thresholds,
ii. Up to three (3) program objectives, as identified in the GRANTEE application, and
iii. Meaningful indicators to tracking progress related to identified program objectives.
1v. Explanation of any failures to meet proposed deadlines or thresholds.
b. GRANTEE efforts to advance the intent of the focus area through the Project, as described
in the GRANTEE application;
c. Project results from ongoing implementation effmts,
'-~-------------"' .... ..-~---w----------------------~---
d. Project performance and status in the areas of outreach, enviromnentaljustice community
engagement (where applicable), and GRANTEE administration and management.
Page 5 of14
Item 8.c. - Page 32
Califomia Department of Conservation -pivision of Land Resource Protection
Strategic Growtll Council -2014 Sustainable Communities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
1.3. The Final Report shall conform to the program guidelines and direction provided in Exhibit D,
attached to this Agreement, to submit a final, comprehensive record comprised of all work-
products generated by the grant funds including a summary of all submitted quarterly and annual
progress reports.
a. The report's nairntive shall describe the Project's:
i. Overall progress and accomplishments.
ii. Strategies for implementation, including a timeline for implanting the Project's plan.
iii. Ban'iers to success.
iv. Index of reports and deliverables.
1.4 The Project Manager for the Project is required to patticipate in a SGC-conducted exit interview,
as described in Exhibit D, attached to this Agreement, to discuss the progress and outcomes of
their project. The interview will use the Project's original application proposal, annual status
reports, and final repmt to explore each grantee's experience in completing a project; to leam
about best practices that can be shared by other jurisdictions entering into a similar planning
process; and, to understand how grantees plan to implement the Project's plan(s).
2. "Grant recipients shall be ready and able to present an overview of their Project to the Council, if
requested by the Council, at the conclusion of the grant agreement." The overview shall include a
discussion of successes, barriers, and lessons learned from both the grant process and the grant-
funded project.
3. Failure to comply with the repotting requirements specified in this Grant Agreement shall constitute
a breach of this Grant Agreement and may result in the DEPARTMENT taking action necessary to
enforce the Grant Agreement, or requiring a refund of grant funds.
X. DOCUMENTATION OF TIME SPENT
1. GRANIBE shall maintain reports or other detailed records (e.g., activity logs or timesheets)
documenting time spent by each employee, agent, or contractor whose work in support of this
Grant Agreement is billed under the Agreement. Records used to meet this requirement shall identify the
individual performing the work, the date on which the work was performed, the specific grant-related
activities or tasks and deliverables to which the individual's time was devoted, and the amount of time
spent. Such records shall reflect actual time spent, rather than that which was planned or budgeted.
2. Submitted timesheets must contain the signature of both the person(s) being paid, and their direct
supervisor.
XI. COPIES OF DATA, PLANS, AND SPECIFICATIONS
1. The GRANTEE shall, at the request of the DEPARTMENT, provide the DEPARTMENT with
copies of any data, design plans, specifications, maps, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations and memoranda of eve1y description
or any pait thereof, prepared or used in the preparation of the Project funded by this Grant Agreement.
______________ 2. ________ Alldepartments_within. the_State_of.Califomia_shallhave.the_rightto_copy.__and.distribute_said _______ . ·----------
copies in any manner when and where it may det~rmine without any Claim on the part of the GRANTEE,
its vendors or subcontractors to any additional compensation.
Page 6 of14
Item 8.c. - Page 33
California Deprutment of Conservation-Division of Land Resource Protection
Strategic Growtlz Cou11ci/ -2014 Sustai11ahle Commu11ities Plmmilzg Grallts
City of Arroyo Grande, Grant Number: 3014-605
XIL COMPETITIVE BID REQUIREMENTS
1. GRANTEE shall maintain documentation of its normal procurement policy and competitive bid
process used. This competitive bid requirement may be waived upon GRANTEE certification and
grantor approval that due to the unique nature of the goods or services a sole source purchase is justified.
Failure to comply with competitive bid requirements may result in the DEPARTMENT disallowing
reimbursement of some portion or all of the related costs or other remedies for breach of contract.
XIII. INVOICING
1. Invoices shall be submitted on a quarterly basis. An invoice form will be provided to the
GRANTEE, which must be completed in its entirety to sub111it ru1y and all invoices.
2. All invoices must be submitted in triplicate, with an 01iginal and two additional copies, listing the
grant and invoice numbers. The copies may be double-sided. The miginal invoice must have an original
authorized signature.
3. In accordance with the Grant Guidelines, ten percent (10%) of the amounts submitted for
reimbursement will be withheld and issued as a final payment upon agreement completion, at the sole
discretion of the State. All expenditures must be itemized on the invoice form. This should include
reimbursable costs.
4. For each expenditure of $500 or more, copies of supporting documentation (timesheets, payroll
stubs, bids, receipts, canceled checks, sole source justification, etc.) must be submitted with the invoice.
Original suppmting documents are not required to be submitted, but must be retained by the GRANTEE
for record keeping and audit purposes.
5. Invoices are to be sequentially numbered starting from one (1) and must tie to budget line items in
the approved Budget at Exhibit A. Invoices must be signed by the person who signed the Agreement or
his/her authorized designee. Designees must be authorized in writing and filed with the DEPARTMENT.
6. Individuals funded by this grant cannot sign invoices. If there is a question as to the authority of
the signer, which cannot be resolved to the satisfaction of the DEPARTMENT, the invoice will not be paid.
7. Each invoice is subject to approval by the Grant Manager and DEPARTMENT Management, and
possible audit by the Accounting Office and the State Controller before payment may be disbursed. If an
invoice is questioned by the DEPARTMENT, the Grant Manager shall contact the GRANTEE within thirty (30)
working days of receipt of the invoice. Undisputed invoices take approximately six (6) weeks for payment.
8. Mail an original signed invoice, with all supp01t documentation and two (2) copies of everything,
to the following address:
Department of Conservation
Division of Land Resource Protection
Attn: , SCPGIP Grant Administrator
801 K Street, MS 18-01
Sacramento, CA 95814
Page 7 of14
Item 8.c. - Page 34
California Department of Conservation -Division of Land Resource Protection
Strategic Growtlt Cou11ci/ -2014 Sustainable Communities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
XIV. PAYMENT
1. Except as otherwise provided herein, payments shall be made to GRANTEE no more than once
eve1y ninety (90) calendar days in anears for actual costs authorized in the Budget at Exhibit A of this
Grant Agreement and incurred during the grant term. Payment will be made upon evidence of
satisfactory progress, as detennined by the Grant Manager. Such evidence shall consist of written
quarterly progress reports, phased and incremental work-product production, and other documentation
evidencing quarterly pe1formance, as provided for in this Grant Agreement.
2. Final payment will be made only after completion, to the DEPARTMENT'S satisfaction, of
objectives, work, and activities identified in Exhibit B, including timely receipt of all required reports
including the Final Report, and in accordance with the Invoicing and Discharge provisions of this Grant
Agreement. The DEPARTMENT will not reimburse costs il1cmTed after the Grant End Date.
3. Only those items identified in the Budget are eligible for reimbursement. Any changes to the
Budget must be approved by the Grant Manager before an expenditure for that item is made. Under no
circumstances shall the GRANTEE seek reimbursement pursuant to this Agreement for a cost that has
been or will be paid through another funding source.
XV. TRAVEL
1. Reimbursement of travel is not permitted unless expressly provided in· the approved Budget at
Exhibit B. Travel by private or GRANTEE-owned automobile, necessaiy for the performance of this
Grant Agreement, shall be subject to the State of California travel rates. GRANTEE shall maintain
detailed travel records showing the date and purpose of grant-related travel, destination and, in the case of
travel by automobile, vehicle license number and number of miles driven.
2. This grant agreement is subject to grant award requirements and cost principles, including, but
not limited to, State of California travel and per diem rates
11ttp://wwv11.calhr.ca.gov/employees/pages/travel-reimbursements.aspx and allowable cost requirements.
Please refer to this website to obtain the most up to date per diem rates and eligible mileage
reimbursement rate.
3. GRANTEE and any person travelling pursuant to this Grmt Agreement shall indemnify and hold
harmless the DEPARTMENT and State of California for any liabilities resulting from such travel.
XVI. DISCHARGE OF GRANT OBLIGATIONS
1. The GRANTEE'S obligations under this Agreement shall be deemed discharged only upon
acceptance of the Final Report by the DEPARTMENT. The final rep01t will attach and incorporate all
work-product generated by the Grant Funds including the Final Sustainable Commuruty Plannmg Project
deliverable produced by the GRANTEE. To the extent appropriate, the GRANTEE'S Board of Directors
or Board of Supervisors, or other Authoritative Board or Body, shall adopt and certify as accurate the
Final Rep01t prior to its submission to the DEP ARTJ'v1ENT. The DEPARTMENT may reject a final
report if the DEPARTMENT considers the PROJECT or the REPORT incomplete or deficient in
anyway.
2. GRANTEE shall submit all documentation for Project completion and final reimbursement within
ninety (90) days of Project completion, but il1 any event no later than thirty-six (36) months after agreement
execution start date.
------------3~--EinaL payment is-contingent.upon-DERAR'.I'J'v1ENT2S-verification.that the-Project-is-consistent--------------
with Work Plan as described in Exhibit B, together with any DEPARTMENT approved amendments.
Page 8 of14
Item 8.c. - Page 35
Califomia Department of Conservation-Division of Land Resource Protection
Strategic Growtli Council -2014 Sustainable Communities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
. XVII. TERMINATION
1. If the DEPARTMENT or the COUNCIL tenninates the Grant Agreement without cause prior to
the end of the Project Perfonnance Period, the GRANTEE shall take all reasonable measures to prevent
further costs to the DEP ART.MENT under this Grant Agreement. The DEPARTMENT shall be
responsible for any reasonable and non-cancelable obligations incurred by the GRANTEE in the
perfonnance of this Agreement prior to the date of the notice to tenninate, but only up to the undisbursed
balance of funding authorized in this Agreement.
2. ,Upon any termination, GRANTEE shall deliver all records and rep01ts and other deliverables
required by this Grant Agreement up to the time of termination.
3. If the GRANTEE fails to complete the Project in accordance with this Grant Agreement, or fails
to fulfill any other obligations of this Agreement prior to the termination date, the GRANTEE shall be
liable for immediate repayment to the DEPARTMENT of all amounts disbursed by the DEPARTMENT
under this Grant Agreement, plus accrned interest and any further costs related to the Project. The
DEPARTMENT may, at its sole discretion, examine the extent of GRANTEE compliance and not require
repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies
available to the State for breach of this Grant Agreement.
4. Failure by the GRANTEE to comply with the terms of this Agreement or any other related
obligation may be cause for termination of all obligations of the DEPARTMENT hereunder.
r
5. Failure of the GRANTEE to comply with the tenns of this Grant Agreement may not be cause for
suspending all obligations of the DEPARTMENT if, in the judgment of the DEPARTMENT, such failure
was due to no fault of the GRANTEE. At the discretion of the DEPARTMENT, any amount required to
settle at minimum cost any irrevocable obligations properly incurred, shall be eligible for reimbursement
under this Grant Agreement as pursuant to paragraph 3 above.
6. Either PARTY shall have the right to terminate this GrantAgreement at anytime upon thirty (30)
days written notice to the other. In the case of such "early" or "discretionruy" tennination by GRANTEE,
defined as termination occurring before full performance of all objectives and activities and authorized for
funding herein, the DEPARTMENT will be entitled to seek full reimbursement for all costs and payments
made on the Grant Agreement.
7. It is mutually agreed that if the Budget Act of the current Y<?ar and/or any subsequent years
covered under this Grant Agreement does not appropriate sufficient funds for the DEPARTMENT'S
Program, as detennined at the discretion of the DEPARTMENT, this Grant Agreement shall be
terminated. In this event, the DEPARTMENT shall have no liability to pay any funds whatsoever to
GRANTEE or to furnish any other consideration under this Agreement to GRANTEE beyond the date of
written notice of termination under this provision to the GRANTEE.
8. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of funding this
grant program, the DEPARTMENT shall have the option to either: cancel this Grant Agreement with no
liability occurring to the COUNCIL or the DEPARTMENT, or offer an Agreement Amendment to
GRANTEE to reflect a reduced amount.
9. Further, if the COUNCIL or the DEPARTMENT is unable to secure adequate funds through
municipal bond sales or not able to secure the authorization to utilize such funds by the appropriate
agencies, this Grant Agreement shall be terminated.
-----------------·----------------------.. ·-.. -------
Page 9 of14
Item 8.c. - Page 36
Califoi:nia Department of Conservation -Division of Land Resource Protection
Strategic Growtlt Council-2014 Sustai11able Communi~ies Pla1111i11g Gra11ts
City ofArroyo Grande, Grant Number: 3014-605
XVIll. STOP WORK
1. Immediately upon receiving a written notice from the DEPARTMENT to stop work, the
GRANTEE shall cease all work under this Grant Agreement.
XIX. PERFORMANCE OF SUBCONTRACTORS:
1. The GRANTEE shall be entitled to make use of its own staff and such subcontractor(s) as are
mutually acceptable to the GRANTEE and the DEPARTMENT. All subcontractor(s), and any
subsequent grant documents, are considered to be acceptable to the DEPARTMENT. Any change in
subcontractor(s) or change as to how the GRANTEE intends to use the services of a subcontractor may
require a formal amendment of this Grant Agreement. All approved subcontractors shall be managed b.y
GRANTEE subject to the terms and conditions of this Agreement. GRANTEE will indemnify and hold
harmless any liability to or resulting from action by subcontractor. Neither the DEPARTMENT nor the
State is liable or in any way responsible for, nor will it indemnify, subcontractors.
2. Nothing contained in this Grant Agreement shall create any contractual relation between the
DEPARTMENT and any subcontractors and no subcontract shall relieve GRANIBE of its
responsibilities and obligations under the terms of this Grant Agreement. GRANTEE agrees to be fully
responsible to the DEPARTMENT for the acts and omissions of its staff, subcontractors and of persons
either directly or indirectly employed by them. GRANTEE'S obligation to pay its subcontractors is an
independent obligation from the DEPARTMENT'S obligation to make payments to GRANTEE.
3. GRANTEE shall manage and hereby accepts responsibility for the perfonnance of all
subcontracts arising out of or in connection with this Agreement. GRANTEE shall monitor
subcontractor's performance of the terms and conditions set forth herein by providing sufficient staffing
resources for the length of the project. Subcontractor communications with the DEPARTMENT shall be
coordinated through the GRANTEE'S principal staff. GRANTEE and its subcontractors shall conduct all
work consistent with professional standards for the industry and type of work being performed under the
Agreement. The Grant Manager, without waiver of other rights or remedies, may require GRANTEE to '
re-perfonn any of said services not perfonned in accordance with these standards. Costs and expenses for
defective services, for failure to meet the terms and conditions of the Agreement or for any redundancy
that occurs due to inadequate subcontractor services shall be borne by GRANTEE.
XX. DISPUTE RESOLUTION
1. In the event of a dispute, the GRANTEE shall provide written notice of the pa1ticulars of such
dispute to: Assistant Director, Division of Land Resource Protection, Department of Conservation,
801 K Street, MS 18-01, Sacramento, CA 95814. Such written notice must contain the grant number.
Within fifteen ( 15) days of receipt of such notice, the Assistant Director or the Assistant Director's designee
shall advise the GRANTEE of his or her findings and a recommended means of resolving the dispute.
XXI. PUBLICITY AND ACKNOWLEDGMENT
1. The GRANTEE agrees that it will acknowledge the COUNCIL'S suppmt whenever activities or
projects funded, ill \vhole-or in-part; by this Grant Agreeineiit-afo-publicized fa any-news-inedia;-
brochures, atticles, seminars, websites, or other type of promotional material. The GRANTEE shall also
include in any publication resulting from work performed under this grant an acknowledgment
substantially as follows:
"The work upon which this publication is based was jw1ded in whole or in part through a grant awarded
--------·--by-ihe-Californfa·Strategic·GrowtlrCouncil:v------------------------------------------
Page 10 of14
Item 8.c. - Page 37
California Department of Conservation -Division of Land Resource Protection
Strategic Growtlt Co1111cil-2014 Sustai11able Commu11ities Pla1111ing Gra11ts
City of Arroyo Grande, Grant Number: 3014-605
2. The GRANTEE shall place the following notice, preceding the text, on draft reports, on the final
report, and on any other report or publication resulting from work perf01med under this Agreement:
"Disclaimer
nw statements and conclusions of this report are those of the GRANTEE and/or Subcontractor and not
necessarily those of the California Strategic Growth Council or of the California Department of
Conservation, or its employees. The Califomia Strategic Growth Council and the California Department
of Conservation make no warranties, express or implied, and assume no liability for the information
contained in the succeeding text. "
3. Before any materials or other publications funded in whole or in part pursuant to this Grant
Agreement are published, GRANTEE shall provide the DEPARTMENT with an opportunity to review
any and all references to the COUNCIL or the DEPARTMENT or the Sustainable Communities Planning
Grant Program in such materials and publications.
XXIl. CONFLICT OF INTEREST
1. GRANTEE shall act in accordance with the fiduciary duty attached to the receipt and
expenditure of grant moneys intended to benefit the public. Consistent with that fiduciary duty and the
public trust from which it flows, GRANTEE shall ensure the proper expenditure of all grant moneys for
which reimbursement is sought pursuant to this Grant Agreement.
2. All expenditures for which reimbursement pursuant to this Grant Agreement is sought shall be the
result of arm's length transactions and not the result of, or motivated by, self-dealing on the pru.t of the
GRANTEE or any employee or agent of the GRANTEE. For purposes of this provision, "rum's length
transactions" are those in which both PARTIES are on equal footing and fair market forces are at play,
such as when multiple vendors are invited to compete for an entity's business and the entity chooses 1.he
lowest of the resulting bids. "Self-dealing" is involved where an individual or entity is obligated to act as
a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the
individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for
which all grant moneys are to be expended. Nothing in this agreement absolves the GRANTEE from
complying with California Govt. Code section 1090 or any other law.
XXIlI. INDEMNITY AND HOLD HARMLESS
1. GRANTEE waives all claims and recourses against the DEPARTMENT, including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this Agreement, except claims arising from the gross negligence of
DEPARTMENT, its officers, agents, and employees.
2. GRANTEE shall indemnify, hold harmless and defend DEPARTMENT, its officers, agents and
employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the Project, demands or causes of action arise under Government Code or otherwise,
including but not limited to items to which the GRANTEE has certified or approved, except for liability
arising out of the gross negligence of State, its officers, agents or employees. GRANTEE acknowledges
that it is solely responsible for compliance with items to which it has certified.
Page 11 of14
Item 8.c. - Page 38
California Department of Conservation -Division of Land Resource Protection
Strategic Growth Council -2014 Sustai11ahle Commrmities Pla1111i11g Grants
City of Arroyo Grande, Grant Number: 3014-605
XXIV. NONDISCRIMINATION
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color,
ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and
AIDS), mental disability, medical condition, age (over 40), marital status, and denial of family care leave
in the use of any property or facility acquired or developed pursuant to this Agreement.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the
extent that reasonable differences in admission or other fees may be maintained on the basis of residence
and pursuant to law.
3. All records are public records unless made confidential by operation of State or Federal law.
XXV. INCORPORATION
1. The Grant Guidelines and the Application and any subsequent changes or additions to the
Application approved in writing by the DEPARTMENT are hereby incorporated by reference into this
Grant Agreement as though set forth in full in this Grant Agreement.
2. Exhibits A-D are attached to this Grant Agreement and incorporated by reference into it as
though set forth in full.
XXVI. SEVERABU,ITY
1. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall
not affect other provisions or applications of this Agreement which can be given effect without the invalid
provision or application, and to this end, the provisions of this Agreement are severable.
XXVII. WAIVER
1. No term or provision hereof will be considered waived by either party, and no breach excused by
either party, unless such waiver or consent is in writing and signed on behalf of the party against whom
the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether
expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent
breach by either party.
XXVIll. ASSIGNMENT
1. The GRANTEE may assign its interest in and responsibilities under this Grant Agreement either
in whole or in part only with the written consent of the DEPARTMENT.
XXIX. AUDIT REQUIREMENTS
1. Sustainable Community Planning Grant Projects are subject to audit by the DEPARTMENT.
This provision does not limit the authority of any State agency to audit the GRANTEE pursuant to that
Agency's auth01ity annually and for three (3) years following the final payment of Grant Funds. The
audit shall-include all books, papers, accounts, documents, 01' other records of the GRANTEE, as they
relate to the Project for which the Grant Funds were granted.
2. The GRANTEE agrees that the DEPARTMENT and its representatives, including, but not limited
to, the DEPARTMENT, the State Controller's Office, and the State Auditor, shall have an absolute right of
access to, and right to review and copy, all of the GRANTEE'S records pertaining to this Grant Agreement
____________ andJo_conduct.l'eylews~andLor.audits..related.to_this_grant._GRANIEE_sball,.for.the_purpose_ofany_such_ ____ _
review or audit, retain and provide access to all records related to this grant including, but not necessarily
limited to, those records specified above. GRANTEE shall also provide access to and allow interview of
Page 12 of14
Item 8.c. - Page 39
California Department of Conservation -Division of Land Resource Protection
Strategic Growth Council -2014 Sustainable Communities Plalllli11g Grants
City of Arroyo Grande, Grant Number: 3014-605
any employees who might reasonably have infotmation related to such records. Such access to employees
and records shall be provided during normal business hours throughout the grant term and for at least three
years after the final payment is disbursed pursuant to this Grant Agreement, or until completion of any
action and resolution of all issues which may arise as a result of any audit or review of such records,
whichever is later. GRANTEE shall ensure that such access shall extend to all subcontractors.
XXX. GOVERNING LAW/LOCUS
1. This Agreement is governed by, and shall be interpreted in accordance with the laws of the State
ofCalifomia. For the purpose of any litigation related to and/or challenging any aspect of this Grant
Agreement or performance there under, the locus is Sacramento, Califomia.
XXXI. INSURANCE COVERAGE
1. The GRANTEE shall obtain and keep in force for the tenn of this Agreement, and require its
s.ubcontractors to obtain and keep in force, the following insurance policies that cover any acts or
omissions of the GRANTEE, or its employees engaged in the provision of services or performance of
activities funded pursuant to and specified in this Agreement:
a. Worker's Compensation fusurance in accordance with the statutory requirement of the State of
California.
b. Commercial generai liability insurance in the amount of $1,000,000 per occurrence and aggregate
for bodily injury and property damage.
c. Automobile liability in the amount of $1,000,000 for each accident for owned, non-owned, or
hired vehicles, whichever is applicable.
2. The GRANTEE shall name the State of California, its officers, agents, employees, and servants as
additional insured PAR TIES for all insurance required and is responsible for guaranteeing that a copy of
each Certificate of fusurance is submitted to the DEPARTMENT within thirty (3 0) days of grant signature.
3. The certificate of insurance shall state a limit of liability of not less than $1,000,000 per
occurrence for bodily injury and property damage combined.
4. The GRANTEE shall notify the DEPARTMENT prior to any insurance policy cancellation or
substantial change of policy.
XXXII. GRANTEE NOT AN AGENT OF THE STATE
1. GRANTEE agrees that it, and its agents, and employees and subcontractors shall act in an
independent capacity and are not officers, employees, or agents of the State of California, the COUNCIL, or
the DEPARTMENT.
XXXIll. TIMELINESS
1. Time is of the essence in the perfonnance of this Agreement. GRANTEE is required to begin
implementation of this Agreement as soon as possible following its execution and shall abide by the
Work Plan, and Schedule of Deliverables at Exhibit B. GRANTEE shall not incur costs pursuant to this
Agreement prior to Grant Start Date nor past the Grant End Date.
XXXIV. CERTIFICATION CLAUSES
1. The GRANTEE hereby certifies its compliance with all applicable requirements contained in the
--GRA'NTEFCerlification of"Compliance at E"XliioifCcififiisAgreemenr.----·-·-·--·---·----------·----·--------
XXXV. BREACH OF CONDITIONS/REMEDY FOR DEFAULT
Page 13 of14
Item 8.c. - Page 40
California Department of Conservation -Division of Land Resource Protection
Strategic Growtlt Cou11cil -2014 Sustainable Communities Plan11i11g Grants
City of All'Oyo Grande, Grant Number: 3014-605
1. In the event of GRANTEE'S breach of any conditions or terms of this Grant Agreement, the
DEPARTMENT will give written notice to the GRANTEE, describing the breach. Notice shall be
deemed given when deposited in the U.S. Post office, postage prepaid, addressed to GRANTEE, or by
personal delivery to GRANTEE'S place of business. If GRANTEE does not, within thirty (30) days after
the notice is given, (1) cure the breach described in the DEPARTMENT'S notice or (2) if the breach is
not curable within thirty (30) days, commence to cure the breach, then GRANTEE shall be in default
under this Agreement.
2. In the event of a default under this Grant Agreement, the COUNCIL and the DEPARTMENT
shall be entitled to all remedies available at law including, but not limited to, termination of the Grant
Agreement, withholding of amounts billed and/or recovery of funds disbursed and equipment purchased
pursuant to the Grant Agreement. GRANTEE may appeal such action by filing a dispute pursuant to the
Dispute Resolution pmtion of this Agreement.
ATTACHED EXHIBITS
A: Work Plan and Schedule of Deliverables
B: Detailed Budget and Payment :Provisions
C: CertifiC?ation of Compliance
D: Repo1ting Instructions
------------------
Page 14 of14
Item 8.c. - Page 41
EXIHIBIT 4 -WORK PLAN
STRATEGIC GROWTH COUNCIL/Department of Conservation-Sustainable Communities Planning Grant Award
Grantee: -+-I --~C=ity_,_o=f~A~r~r=o~yo=...:::G=r=a=nd=e::-..(o=n:.:....:::;b=e=h=al=f~o~f~it=s=el=f~,t=h~e~c=it=i=es=-=o~f~Sa~n:.:....:::;Lu=i=s~O~b~i~sp~o~,~M-=-=o~rr~o~B=a~yu,~G=r~o~v=e~r=B=ea=c=h~an~d::....:;th~e~C=o=u~n=ty~o-=-f~S=a=n~Lu=i=s
I Obispo Grant Number: -=-3-=-01=-4..:....--=-6-=-05"-------------
JurisdictionJ City of Arroyo Grande Department/Office: Community Development Department
Project TitlJ---ce_n_t~r-al_C_o_a_s_t_C_o_ll_a~bo~r-a-t-iv_e_C_A_P __ lm __ p_le_m_e_n_t_a-ti_o_n-and Monitoring Program
I==
TASK 1. CAP Implementation and Monitoring Tools
Sub-Task .J Kickoff Meeting with Consultant and Local Jurisdictions
Sub-Task Bl Develop Monitoring Tool Template
I
Sub-Task d Customize Tool for Individual Jurisdictions .
Sub-Task DI Develop Ann~al Progress Report Template
Sub-Task E. Meetings and Trainings
I
Sub-Task Fj Administration, Project Management, Coordination
I
Sub-Task Gf General & Administrative
Deliver;b/4s: Monitoring tool template1 customized tools, annual
progre~s report template .. 'meeting/training agendas, invoices,
biannual pfjogress reports, and final program report
Consultant (primary)/local jurisdictions (secondary) Jan.-Feb. 2015
Consultant (primary)/local jurisdictions (secondary) Feb. -Apr. 2015
Consultant (primary)/local jurisdictions (secondary) May. -Sept. 2015
Consultant (primary)/local jurisdictions (secondary) Oct.-Dec. 2015
Consultant (primary)/local jurisdictions (secondary) Apr. -Dec. 2015
Consultant/City of Arroyo Grande Jan.-Dec. 2015
Consultant/City of Arroyo Grande Jan. -Dec. 2015
Item 8.c. - Page 42
TASK 2. 1tptementation ,Program Best Practices
Sub-Task j= Develop Progr~m Best Practices
I
Sub-Task B: Community Outreach
Deliverab/L Program best practices far regional energy audit and
retrofit prbgram and materials for community outreach
I
Final Draft P~ogram Guidelines 10/25/13
I
P-2
CivicSpark {primary)/local jurisdictions {secondary) Jan.-Set. 2015
CivicSpark {primary)/local jurisdictions (secondary) Jan. -Sep. 2015
Appendix P -Online Resources
Item 8.c. - Page 43
i I .
EXHIBIT B -BUDGET
BUDGETS SUMMARY
Grantee Name: City of Arroyo Grande
TaJk:
Grant#: 3014-605
I
I Hourly #of (D*E) (F+G) Funding Sources I
PE~ONNEL Title Rate Hours Salary Benefits Total DOC Grant Cash In-Kind
City\Staff Planner so 103 5,147 5,147.00 5,147.00
I
I
' 0
l Total , "' ' ~ 'ttJ' ·~ 5,147.00 0 0 5,147.00
.~ .. "' <
SUPrLIES
I
I Totals 0 0 0 0
MEETINGS, WORKSHOPS, TRAINING
I
I
I
I
I Totals 0 0 0 0
OTHER
Totals 0 0 0 0
TRArEL
~~ere is calculated at .565/mile
l Totals 0 0 0 0
CONSULTANTS Task 1 84,087.00 84,087.00
shoi the job title/classification, hourly rate of the consultants, and estimation of time Task2 24,000.00 18,853.00 5,147.00
Per Diem and travel expenses are to wrapped in to the consultant's hourly rate
I See Attached
I Totals 108,087.00 102,940.00 5,147.00 0 ' I
I Totals 113,234.00 102,940.00 S,147.00 S,147.00
l
TOTtL GRANT: $113,234
Grant+ Cash Match: $108,087
i
Item 8.c. - Page 44
I
I Grantee Name: City of Arroyo Grande
TaJk 1: Implementation Monitoring Tools
!
Grant#: 3014-605
PE~ONNEL Hourly #of (D*E) (F+G) Funding Sources
Title Rate Hours Salary Benefits Total DOC Grant Cash In-Kind
CityjStaff Planner so 79 3,950 3,947.00 3,947.00
I 0 0
I 0 0
l 0 0
I 0 0
I Total ~ ,. 3,947.00 o.oo o.oo 3,947.00 ' : •
SUPPLIES
Totals 0 0 0 0
MEETINGS, WORKSHOPS
~:h~~~:~t anr:::::::o~:~~t, rentals, supplies
Totals 0 0 0 0
OTHER
I Sue~ as but not limited to: software
{show how arrived at amount)
I Totals 0 0 0 0
T~VEL
Mileage is calculated at .565/mile
I Totals 0 0 0 0
CONSULTANTS 84,087.00 84,087.00
shovkhejob title/classification, hourly rate of the consultants, and estimation of time
I
Per Diem and travel expenses are to wrapped in to the consultant's hourly rate
I
See Attached
l Totals 84,087.00 84,087.00 0 0
\' Totals 88,034.00 84,087.00 o.oo 3,947.00
Item 8.c. - Page 45
Gr
1
antee Name: City of Arroyo Grande
Task 2: Implementation Program Best Practices
I
Grant#: 3014-605
I Hourly #of (D*E) (F+G) Funding Sources
PERSONNEL Title Rate Hours Salary Benefits Total DOC Grant Cash In-Kind
Citt Staff Planner 50 24 1,200 1,200.00 1,200.00
I 0 0
l 0 0
I 0 0
I 0 I 0 I
I Total~-'C,,, ~~•I 1,200.00 0 0 1,200.00 . ~ w;.; l ~ -~~ ~
SUf.PUES · ·
Sulh as but not limited to: mailing, postage, printing
(show how arrived at amount)
I '
Totals 0 0 0 0
MEETINGS, WORKSHOPS
Such as but not limited to: rent, rentals, supplies
(shhw how arrived at amount)
I r
su1p 1es
Totals 0 0 0 0
OTHER
Such as but not limited to: software
(shhw how arrived at amount)
I
I Totals 0 0 0 0
TRAVEL
Miibage is calculated at .565/mile
Totals 0 0 0 0
corsULTANTS . . , 24,000.00 i8,853.oo 5,147.00
sh9wthe job title/dassification, hourly rate of the consultants, and estimation of time
Pel Diem and travel expenses are to wrapped in to the consultant's hourly rate
See Attached
l Totals 24,000.00 18,853.00 5,147.00 0.00
t i
Totals 25,200.00 18,853.00 5,147.00 1,200.00
Item 8.c. - Page 46
California Department of Conservation -Division of Land Resource Protection
2014 Sustainable Commw1ities Planning and Incentives Grant Program
City of Anoyo Grande, Grant Number: 3014-605
Exhibit C
GRANTEE CERTIFICATION OF COMPLIANCE
By signing this Agreement, Grantee certifies that it is in compliance with all of the following requirements, to the
extent that each is applicable:
1. Americans with Disabilities Act: Grantee assures the State that it complies with the Americans with Disabilities
Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applic!\ble regulations
and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
2. Nondiscrimination Clause: During the performance of this Agreement, the Grantee and its subcontractor(s) shall
not discriminate, harass, or allow harassment against any employee or applicant for employment because of sex,
race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental
disability, medical condition (cancer), sexual orientation, marital status, and denial of family care leave. Grantee and
its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment
are free from discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the
California Fair Employment and Housing Act (Government Code, Section 12900 et seq.), and the regulations
promulgated thereunder (California Administrative Code, Title 2, Section 7285 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code Section 12990(a-f), set forth in
Chapter 5 ofDivision 4 of Title 2 of the California Code of Regulations, are incorporated herein by reference and
made a part hereof as if_set forth in full.
Grantee and its subcontractor(s) shall give written notice of their obligations under this clause to labor organizations
with which they have a.collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform
work under the grant.
3. Recycling Certification: The Department has a procurement policy that sets purchase goals for, and favors the
purchase of, products containing recycled content, both post-consumer and secondary waste. When using grant
funds to purchase paper products, fine printing and writing paper, plastic, glass, oil, compost and co-compost,
solvents and paint, tire-derived products, and retread tires, the Grantee shall make a reasonable effort to purchase
products containing recycled content. Grantee shall report any and all such purchases in status and final reports
required pursuant to this Agreement.
4. Drug-Free Workplace Requirements: Grantee will comply with the requirements of the Drug-Free Workplace
Act of 1990 (Government Code section 8350 et seq.) and will provide a drug-free workplace by taking the following
actions:
(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.
(b) Establish a Drug~ Free Awareness Program to inform employees about:
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 availab~e counseling, rehabilitation and employee assistance programs; and
4) penalties that may be imposed upon employees for drug abuse violations.
Item 8.c. - Page 47
California Department of Conservation -Division of Land Resource Protection
2014 Sustainable Communities Planning and Incentives Grant Program
City of Almyo Grande, Grant Number: 3014-605
( c) Every employee who works on the Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the
Department determines that the Grantee has made a false certification, or violated the certification by failing to carry ·
out the requirements as noted above.
5. Labor Code/Workers Compensation: Grantee needs to be aware of the provisions, which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance
with the provisions. and Grantee agrees to comply with such provisions before commencing performance pursuant
to this Agreement. (Labor Code Section 3700)
6. Child Support Compliance Act: For any Agreement in excess of $100,000, the Grantee acknowledges
accordance with the following:
(a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with
all applicable state and federal laws relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 ofDivision 9 of the Family Code; and
(b) The Grantee, to the best of its know ledge, is fully comp lying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
7. Resolution of Support: Grantee must provide the State with a copy of a resolution, order, motion, or ordinance
of its governing body, which by law has authority to enter into an agreement, authorizing execution of an agreement.
8. Air or Water Pollution Violation: Under State laws, the Grantee shall not be: (1) in violation of any order or
resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2)
subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of
provisions of federal law relating to air or water pollution.
9. Compliance with Other Laws. Including CEQA: The Grantee shall comply fully with all applicable federal,
state and local laws, ordinances. regulations and pennits and shall secure any new permits required by authorities
having jurisdiction over the project( s ), and maintain all presently required permits. The Grantee' shall ensure that any
applicable requirements of the California Environmental Quality Act are met in carrying out the terms of the grant.
10. Use of State Funds to Assist, Promote or Deter Union Organizing: Grantee shall not use state funds,
including grant funds. to assist. promote or deter union organizing. Government Code Section ~6645. l(d) provides
that Grantee shall be liable to the State for the amount of any funds expended in violation of this prohibition, plus a
civil penalty equal to twice the amount of those funds. If Grantee makes expenditures to assist, promote or deter
union organizing, Grantee shall maintain records sufficient to show that state funds have not been used for those
expenditures. The Grantee shall provide those records to the Attorney General upon reques~.
11. Payee Data Record FOl'm (Std. 204): This fom1 must be completed by all contractors and grantees and
submitted to the State before the start of any grant. Grantee shall submit a new form anytime there is an address
change.
Item 8.c. - Page 48
EXHIBIT D -REPORTING REQUIREMENTS
INSTRUCTIONS FOR COMPLETING THE QUARTERLY PROGRESS, ANNUAL STATUS, AND FINAL REPORTS
QUARTERLY PROGRESS REPORTS-DUE AT END OF EACH QUARTER
Submission: A quarterly progress report for the grant project.
The Quarterly Progress Reports shall conform to the provided templates and shall justify the invoice items and
charges, and indicate the percentages of work completed and the percentage of funds invoiced. Additional
information required shall include a Project Progress Summary and overview, as indicated on the provided
template.
ANNUAL STATUS REPORT-DUE WITH THE 4TH AND gTH QUARTERLY REPORT
Submission: A quarterly progress report and an annual status report for the grant project.
The Annual Status Report describes how an awarded Grant Project has met the conditions put forth in the
Sustainable Communities Planning Grant and Incentive Program Guidelines. These Guidelines, published on
December 6, 2013, fund grant activities to develop plans that reduce greenhouse gas emissions and achieve
Strategic Growth Council (SGC) program objectives in a manner consistent with the State's Planning Priorities.
The Guidelines direct grantees to meet all minimum thresholds, choose up to three program objectives, and
include meaningful indicators to track the Project's progress.
The reports convey how the Project outcomes will further the goals and objectives that were defined in the
original Project proposal. Each report should include detailed information and discussion on the six items noted
below:
I. Project Focus Area
The Annual Report should discuss how the Project is advancing the intent of the applicable Focus Area, as
listed below.
1. Innovative Incentives for Sustainable Communities Development Implementation.
2. Sustainable Community Planning for Transit Priority Areas.
3. Collaborative Community Planning in Preparation for High-Speed Rail.
II. Threshold Requirements
The Annual Report should address how the elements of the Project developed over the previous 12 months
reflect the Project's support and advancement of fill program threshold requirements, as listed below:
Project plans must:
:1,_._Align_to_the.Statas..P.lanningJ~.riodties. _________________ _
2. Lead to the reduction of greenhouse gas emissions.
Item 8.c. - Page 49
3. Coordinate with state policies or programs and local/regional plans.
4. Consider and apply best practices, vulnerability assessments, and resilience planning to adapt to the
effects of changes in climate.
5. Provide matching and in-kind contributions.
III. Priority Considerations
The Annual Report should address the following:
• How will the elements of the Project developed in the previous 12 months add to or enhance elements
of the region's goals and plans, and support the region's RTP/SCS?
• If applicable, describe best practices developed from the Project to date and additional resources
leveraged to support this Project.
IV. Piimary Objectives and Co"Benefits
v.
The Annual Report should indicate how each of the Project's three selected primary objectives, as identified
in the grant application, has been incorporated into the planning process. The Annual Report should also
address how the Project has addressed any additional objectives or co-benefits listed below.
• Improve air and water quality
• ~remote public health
• Promote equity
• Increase housing affordability
• Increase infill.and compact development
• Revitalize urban and community centers
• Protect natural resources and agricultural lands
• Reduce automobile usage and fuel consumption
• Improve infrastructure systems
• Promote water conservation
• Promote energy efficiency and conservation
• Strengthen the economy
Indicators
The Annual Report should provide an update on the quantitative and qualitative metrics developed to
measure the performance of this grant award. The Annual Report should include, as applicable:
. -:--.. . . ' ....
Instructions: Completing Annual Status and Final Reports Page2 Revised: September 9, 2014
Item 8.c. - Page 50
• An update of the Project's submitted indicator chart, adding current measurements for each indicator as
it becomes available.
• Discussion or comments on the rate of change experienced to date as it compares to expected changes
and outcomes. If measurements are not currently available, note the expected timeframe for reporting
on initial quantifiable measurements.
VI. Stakeholder Outreach
The Annual Report should provide an update on how the Project has collaborated with and included
stakeholders in its planning efforts. In addition, if receiving funds specifically set aside to benefit
environmental justice communities, additional detail should be provided. The Annual Report should include
discussion of, as applicable:
• Specific actions taken to engage with members of the community in the development and the execution
of the Project.
• How the Project has determined the needs of its most vulnerable residents, describing groups and
organizations that assisted with and were included in this outreach.
• Identify the number and types of events held, the number of participants at each event, and the
outcomes from these interactions.
FINAL REPORT -DUE WITHIN 90 DAYS OF COMPLETING THE PROJECT
Submission: Final Report-Please refer to page 8 of your Grant Agreement for due date (01sCHARGEOFGRANToauGAT10Ns}.
The final report provides a comprehensive record of all work-products generated by the grant funds including
the Final Plan, and summarizes all submitted quarterly progress and annual status reports. The report officially
documents the Project's outcomes, planned next steps, and expected timeline for implementing the Project's
sustainable community plan.
As part of the final report, the Strategic Growth Council will conduct an exit interview with the Project Manager
to discuss Project results related to the program's threshold requirements, focus area intent, and priority
considerations. The interview will center on information contained in the Project's original proposal and annual
status reports, and include a discussion about the organization's plans for implementing the Project's plan(s).
The Final Report should be structured as follows, and provide the following information:
I. Project Summary Statement
• Provide an overarching statement regarding the success of the Project and how the Project will result in
advancing sustainability within the planning area or jurisdiction.
U. Project Overview
• Discuss how the Project realized the goals described in the grant proposal, and the objectives contained
in work plan.
• Discuss how grant funds were spent in relation to the proposed budget.
• Identify any changes made to the original proposal's scope, budget and/or timeline describing why these
changes-were-needed-and-how the-Project·benefited·from-these-revis!ons.
Instructions: Completing Annual Status and Final Reports Page3 Revised: September 9, 2014
Item 8.c. - Page 51
III. Project Accomplishments
• Outline the Project's deliverables and any other notable products.
• Discuss major and identify any additional benefits attained during the execution of the Project.
• Report on successful strategies or approaches used to achieve results.
IV. Project Barriers
• Identify any goals or objectives that could not be met, or issues that impeded the progress of the
Project.
• Describe how these obstacles were responded to and how similar obstacles will be addressed in the
future.
V. Strategies for Implementation
• Explain how plans or processes developed in the Project will be Implemented over the next three to five
years to further your organization's sustainability goals and strategies.
• Describe the roles and responsibilities of the organization and others to further this work.
VI. Deliverables and Reports Index
• Provide an index that outlines all submitted invoices, quarterly progress reports, Project deliverables
and annual status reports.
Instructions: Completing Annual Status and Final Reports Page4 Revised: September 9, 2014
Item 8.c. - Page 52