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University of San Diego; 2021-11-23; PSA22-1717ENV
PSA22-1717ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CLIMATE ACTION PLAN UPDATE SERVICES UNIVERSITY OF SAN DIEGO THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and the University of San Diego, a 501(C)(3) non-profit organization, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in comprehensive Climate Action Plan update services. B. Contractor has the necessary experience in providing professional services and advice related to comprehensive Climate Action Plan update services. C. Contractor has submitted a proposal to City under RFP22-1548ENV and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety-nine thousand five hundred and thirty-one dollars ($99,531). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ninety-nine thousand five hundred and thirty-one dollars ($99,531) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 23rdNovember PSA22-1717ENV City Attorney Approved Version 6/12/18 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including reasonable attorneys’ fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor engaged by contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extend such claims, damages, losses, or expenses arise from or related to the negligence or willful misconduct of the City or City’s officers, officials, employees, volunteers or agents City agrees to indemnify and hold harmless the Contractor and its officers, officials, employees and volunteers from and against all claims, damages, losses, and expenses including attorney’s fees arising out of the work described herein caused by the negligence, recklessness, or willful misconduct of the City, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 3 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 4 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All intellectual property created by Contractor prior to this Agreement, or modified by Contractor during its work under this Agreement (the "Tool"), shall be the sole and exclusive property of Contractor. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided to City by Contractor pursuant to this Agreement (the “Results”).” In the event this Agreement is terminated, the Results produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in Contractor. The City will have the right to use Results, as defined in Section 13, Ownership of Documents. /// /// /// /// DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 5 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Katie Hentrich Name Scott Anders Title Senior Program Manager Title Project Manager Department Public Works Address 5998 Alcala Park City of Carlsbad San Diego, CA 92110 Address 1635 Faraday Avenue Phone No. 619-260-4589 Carlsbad, CA 92008 Email scottanders@sandiego.edu Phone No. 760-602-4623 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 6 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California UNIVERSITY OF SAN DIEGO, a 501(C)(3) non-profit organization By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Eileen K. Fry-Bowers, PHD, JD Associate Provost for Research Administration (print name/title) ATTEST: By: (sign here) for Faviola Medina, City Clerk Services Manager Katy Roig, Vice President for Finance & Chief Financial Officer (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 9 SCOPE OF SERVICES The Energy Policy Initiatives Center (EPIC), with its partner Ascent Environmental (Ascent), shall perform the following tasks during the contract period: Task 1. Attend Project Meetings Task 1.1 Attend Kick-Off Meeting Within one week of executing the project agreement, the EPIC-Ascent team will participate in a kickoff meeting with City of Carlsbad staff to discuss project scope and schedule, establish roles, responsibilities, and communication protocols, and receive direction on initial tasks. Task 1.2 Attend Regular Project Meetings or Conference Calls The EPIC-Ascent team will participate in project update meetings or calls as determined by city staff. Topics for these meetings includes but is not limited to: review Climate Action Plan (CAP) progress, discuss any challenges or pending decisions, and to plan future project activities. Task 1.3 Conduct Meetings with Relevant Staff and City Departments Our team will coordinate with city staff to conduct a kick-off meeting with all relevant staff and meetings with relevant city departments (including but not limited to the CAP Interdepartmental Team). The meetings will be used to discuss and receive feedback on CAP targets, feasibility of candidate measures, roles and responsibilities for implementing the CAP actions, and developing detailed tasks to implement CAP actions. These meetings will also inform the CAP measure Benefit-Cost Analysis and implementation monitoring procedures. Task 1.4 Attend Public Meetings EPIC and Ascent will attend all public meetings, including public engagement events and City Council meetings, as needed throughout the project. With regard to CEQA, public review is not required if an Addendum is used for CEQA compliance. However, as there will need to be a finding that the CAP Amendment was adequately analyzed by a previous CEQA action, the EPIC-Ascent team will be available to speak to any CEQA questions at up to two public hearings for CAP approval, as well as assist in report and presentation preparation. Task 1 Deliverables: • Kick-off meeting attendance • Regular project meeting attendance • City department meetings attendance and participation • Public meeting support (e.g., staff report assistance, PowerPoint preparation assistance, answering technical questions) • Public meeting presentations (up to two meetings; assumed city staff will lead City Council or Commission presentations) Task 2. Support Preparation and Implementation of Public Engagement Plan For Task 2, each item outlined is upon approval to proceed from the city’s Communication & Engagement department. it is assumed that Ascent will utilize the city writing style guidelines (to be provided) and deliver all materials in Microsoft Word, Excel, and PowerPoint formats, as appropriate. The city will provide templates for all Task 2 deliverables. City staff will be responsible for: graphic design, DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 10 website design, updating website content, printing and photocopying (excluding display boards), photos and videos, news releases, media relations, social media content, and presenting to the City Council/boards and commissions for updates. Task 2.1 Collaborate on Draft and Final Public Engagement Plan The Ascent team will collaborate and provide input on a draft and final Public Engagement Plan, led by the Communication & Engagement team, which will include the following components: • Communication goals and objectives • List of interested and affected stakeholders • Key messages • List of key decisions that will be influenced by public input and decisions that have already been made and will not change based on input • Strategies and tactics to be used • How success will be measured • Implementation timeline Task 2.2 Update City Stakeholder Database Ascent will update and add to the city’s master database of stakeholder groups (city to provide) likely to be interested in or affected by the Comprehensive CAP Update, including traditionally under-represented groups. Any added stakeholders should include names, titles, phone numbers, addresses, and e-mail addresses. Task 2.3 Conduct and Document Stakeholder Outreach Ascent will conduct and document outreach, as outlined in the Final Public Engagement Plan, to the following stakeholder groups: • Spanish-speaking residents community members (including translation and/or interpretation, as appropriate) • Traditionally under-represented groups or residents • Groups or residents with a specific interest in the Comprehensive CAP Update Task 2.4 Prepare Informational Material Content Following the Final Public Engagement Plan, Ascent will prepare drafts of informational materials, including: • Commonly asked questions • Website copy • E-mail newsletter updates Task 2 Deliverables: • Review of and input on Draft Public Engagement Plan • Updates to city stakeholder database • Documentation of outreach activities, input received, people reached, and other output measures • Documentation of how public input was incorporated into Comprehensive CAP Update • Documentation of how public input was not incorporated into Comprehensive CAP Update • Commonly asked questions (with up to three updates) • Updated website copy • E-mail newsletter updates (up to five updates) DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 11 Task 3. Identify CAP Measures Based upon early public input and external CAP review, the project team will work with staff to identify candidate measures to reduce or remove greenhouse gas (GHG) emissions. Task 3.1 Review City of Carlsbad CAP Measures EPIC will review existing CAP measures to determine if any revisions are needed based on the current implementation process and the impact of the latest California regulations. Task 3.2 Review Existing CAP Measures in the Region and State EPIC will review CAP measures adopted in CAPs in the San Diego region and other notable cities around California, including those with similar characteristics. EPIC will use its database of regional CAP measures, as well as results from additional CAP reviews, to identify candidate CAP measures. Task 3.3 Prepare a List of Candidate CAP Measures Based on the results of the review of existing measures, EPIC’s CAP measure database, other CAPs around the state, and feedback from the public and city departments, EPIC will develop a list of candidate CAP measures to for consideration by city staff. The final list of candidate measures will be evaluated in subsequent staff. Task 3 Deliverables: • Matrix of candidate CAP measures Task 4. Estimate GHG Impacts of CAP Measures Once candidate CAP measures have been identified, EPIC will estimate the GHG reduction potential for each candidate measure. Task 4.1 Collect Data Based on previous work in the region and with the city, EPIC will identify data needs and work with city staff, relevant city departments, and third-party agencies (e.g., the San Diego Association of Governments [SANDAG]) to collect data for GHG reduction potential calculations. Task 4.2 Calculate GHG Reduction Values Using the methods included in SANDAG’s Regional Climate Action Planning Framework (ReCAP) Appendix II, EPIC will estimate the GHG reduction impacts of all candidate measures. Task 4.3 Develop Technical Document EPIC will summarize the GHG reduction estimates and methods used for each candidate measure in a technical document. Task 4 Deliverables: • Draft and final report on GHG reduction estimates and methods used for CAP candidate measures Task 5. Complete a Benefit-Cost Analysis on Candidate CAP Measures EPIC will estimate the benefits and costs for candidate CAP measures and will work with city staff to determine the final list of measures to be considered. For this task, EPIC will estimate benefit-cost ratios, cost-per-metric ton of GHG reduction values, and co-benefits to help understand the cost-effectiveness of candidate CAP measures, including the financial impacts to residents and businesses. The methods used to complete the CAP Benefit-Cost Analysis (BCA) will be consistent with SANDAG’s ReCAP Appendix III. DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 12 Task 5.1 Review Candidate CAP Measures to Determine Data Needs EPIC will review candidate CAP measures to determine what data will be needed to conduct the BCA and recommend next steps to collect needed data. EPIC will identify data gaps for each measure and provide a matrix to city staff to determine if any data is available internally (e.g., tree planning costs, land acquisition costs, electric vehicle installation costs). Task 5.2 Collect Data EPIC will work and meet with appropriate city staff, if needed, to collect cost data related to candidate CAP measures that focus on municipal operations. EPIC will also conduct necessary research to identify and collect additional data needed to estimate the benefits and costs for all other CAP measures. Task 5.3 Develop Benefit-Cost Analysis Tool Based on the list of candidate CAP measures prepared in Task 3, EPIC will build a spreadsheet tool to calculate benefit-cost ratios and dollar-per-metric-ton values for each measure. If needed, EPIC will develop BCA methods for those draft CAP measures for which a method has not already been established. Methods will be consistent with those included in SANDAG’s ReCAP Technical Appendix III. Task 5.4 Conduct Benefit-Cost Analysis EPIC will estimate benefit-cost ratios and dollar-per-metric-ton values for candidate CAP measures based on assumptions and target year(s) used in the development of the CAP. Methods will consider upfront and ongoing costs, any cost reductions due to subsidies, and benefits received over the life of the activity specified in each CAP measure. Once finalized, EPIC will analyze and compile results into a series of summary tables and figures formatted and developed so that, if needed, they can be used to communicate the information to City Council and other related committees/commissions, as needed. Task 5.5 Identify Co-Benefits EPIC will identify co-benefits related to candidate CAP measures. Co-benefits will include non-monetary benefits provided by CAP measures in addition to GHG reductions, such as positive impacts on air quality, public health, and equity. EPIC will conduct research, as necessary, to compile a list of co-benefits by candidate CAP measures to be presented alongside BCA results for additional context. Task 5.6 Develop CAP Measure Benefit-Cost Draft and Final Reports EPIC will develop a draft report outline for staff review. Based on staff feedback on the outline and the outcome of other meetings and guidance from other project tasks, EPIC will develop a draft report to summarize the findings from the CAP BCA for staff review. Based on staff feedback, EPIC will develop a final report to summarize the findings from the CAP BCA. Task 5 Deliverables: • Summary of data needs • Candidate CAP measure BCA preliminary results tables and figures • List of candidate CAP measure co-benefits • CAP BCA draft and final report outline • CAP BCA draft and final report Task 6. Evaluate Candidate CAP Measures Based on estimated GHG reduction potential, results of the BCA, potential co-benefits, city staff input, and stakeholder feedback, EPIC will work with staff to evaluate candidate CAP measures. DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 13 Task 6.1 Develop Measure Selection Criteria EPIC will evaluate candidate CAP measures using selection criteria determine by city staff, including stakeholder feedback gathered during public engagement and outreach, implementation feasibility gathered during internal city department engagement, cost, number of co-benefits, and GHG reduction potential. Task 6.2 Develop Evaluation Matrix EPIC will develop a decision-making tool to help city staff understand the tradeoffs among candidate CAP measures. This matrix will include candidate measures with measure description, performance metrics, selection criteria, and GHG reduction. Task 6 Deliverables: • Potential selection criteria • Decision-making tool / evaluation matrix Task 7. Evaluate Existing GHG Reduction Targets EPIC will evaluate the city’s existing GHG reduction targets to determine whether it would be necessary to update overall GHG emissions targets and whether additional GHG reduction measures would be needed to reach an updated target. Task 7.1 Assess Target Options Based on work already completed for CAP Amendment No 1 and knowledge of statewide guidance, EPIC will work with city staff to determine whether it is necessary to extend the target year beyond 2035, including whether and how to incorporate a carbon neutrality goal. Task 7.2 Project GHG Emissions Based on work with SANDAG to develop GHG inventories and collect activity data, EPIC will use the 2018 Carlsbad GHG inventory and 2019-2020 activity data collected and prepared under ReCAP as a baseline for projection. Also, EPIC will use SANDAG’s Growth Forecast and Vehicle Miles Traveled Data for Carlsbad as a basis for the GHG emissions projection; it is anticipated Series 14 of this data will be the best available at the time. If Series 14 data are not available, EPIC will evaluate other projection data sources with city staff and determine the appropriate option. Task 7.3 Prepare Memo on GHG Target Options and Approaches EPIC will develop a draft memo that includes data sources and methods to project business-as-usual GHG projections, analysis to show the projected impact of the latest California regulations, evaluation of existing GHG reduction targets in relation to updated GHG projections, and potential new target options, if needed. Based on staff feedback, EPIC will prepare a final memo. Task 7 Deliverables: • Draft and final memo on GHG target options Task 8. Develop CAP Implementation Monitoring Procedures Based on previous work for the city, EPIC will work with staff to develop implementation monitoring procedures. EPIC will integrate and leverage its work supporting SANDAG’s Climate Action Data Portal, including preparation of ReCAP Snapshots, and ensure that monitoring activities are consistent with those presented in SANDAG’s ReCAP Appendix VI. Task 8.1 Develop CAP Implementation Data Requirements EPIC will work with city staff to identify the data information required to determine and prioritize DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 14 how actions will be implemented, including the level of implementation (e.g., mandatory or voluntary), department and staff responsible for implementation, near-term and long-term steps, key performance indicators, funding opportunities, and monitoring metrics. Task 8.2 Collect Relevant Information from City Departments EPIC will collect as much data as possible on its own to minimize the burden on city staff. Given the internal nature of much of the data, it is anticipated that much of the data will be provided by city staff. EPIC will work with staff and relevant cty departments to determine the best way collect relevant data (e.g., data collection template). Task 8.3 Develop Implementation Content for CAP Once all relevant information is collected, EPIC will develop content for the implementation and monitoring section of the CAP. EPIC will work with Ascent to determine the best format for the CAP document and process to complete this task. Task 8.4 Develop Implementation Monitoring Memo Based on the work already completed for CAP management and similar work previously completed in the region, EPIC will work with staff to develop a process for future CAP implementation and monitoring procedures; this will be captured in a draft memo. Based on staff feedback, EPIC will prepare a final memo. Task 8 Deliverables: • Draft and final data collection templates (or other data collection method, as appropriate) • Draft and final Implementation Monitoring Memo Task 9. Prepare Appropriate CEQA Documentation Ascent will prepare an Addendum to the General Plan Environmental Impact Report (EIR). Task 9.1 Prepare Administrative Draft Environmental Checklist and Addendum To support the Addendum, Ascent will prepare an environmental checklist for the Comprehensive CAP Update to identify whether it may result in any potentially significant impacts not contemplated in the General Plan EIR. The environmental checklist will be based on Appendix G of the State CEQA Guidelines and will provide the substantial evidence needed to support impact determinations. It is assumed that there will not be additional emissions modeling needed to complete the environmental checklist because of the efforts undertaken in preparing the CAP. Task 9.2 Prepare Final Environmental Checklist and Addendum To facilitate efficient CEQA review to the extent possible, Ascent will consider the potential CEQA implications of each candidate CAP measure during the preparation phase, facilitating a predictable level of effort for the CEQA documentation. Ascent will alert city staff of the need for a different level of CEQA coverage, if necessary, as measures are finalized. Ascent will prepare an administrative draft environmental checklist and Addendum for city staff review, and a final environmental checklist and addendum that incorporates city comments. Task 9 – Deliverables: • Administrative draft and final environmental checklist and Addendum Task 10. Prepare Draft and Final CAP Ascent will prepare a comprehensive administrative draft of the Comprehensive CAP Update for review by city staff. This effort will include assembly and integration of the work and products of prior tasks into the CAP document. DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 PSA22-1717ENV City Attorney Approved Version 6/12/18 15 Task 10.1 Prepare CAP Outline Prior to initiating the preparation of the draft documents, Ascent will prepare an outline for city review, identifying the organizational framework and locations where key topics will be addressed. Ascent will work with the city to understand expectations to tailor this outline and confirm tone and format, preferred style guidelines, GHG measure framework, balance between information presented in chapters and appendices, and overall design of the document. Ascent will make recommendations on critical content to be included in the body of the CAP to achieve that while making the document concise, accessible, and engaging. Task 10.2 Prepare Administrative Draft CAP Document Upon confirmation of the outline for the CAP, Ascent will prepare administrative draft documents and submit them to the city for review and comment. This version will not include final graphic design; rather, the goal will be to receive city staff feedback and approval on content. Task 10.3 Prepare Public Draft CAP Document Following receipt of city comments on the Administrative Draft CAP, Ascent will prepare a public draft version. The CAP will be tailored to the City’s preferred format and style guidelines and place an emphasis on providing information visually using maps, graphics, tables, and matrices. Explanatory text will read clearly and concisely. Task 10.4 Prepare Final CAP Document Following public review, Ascent will work with city staff to review comments received and identify any potential changes needed to the Public Draft CAP. Ascent assumes city staff will be responsible for tracking and organizing public comments received and written responses to public comments. Ascent will provide technical support on preparation of responses to comments on the CAP, if desired. City staff will provide direction for appropriate revisions to the Public Draft CAP in response to public comments. Ascent will provide a Final CAP to city staff for adoption. Task 10 Deliverables: • Draft and final CAP outline • Administrative Draft CAP • Public Draft CAP • Final CAP DocuSign Envelope ID: 17EB3A33-D499-4EE7-A304-FF152D072115 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. 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Workers Compensation includes Waiver of Subrogation when required by virtue of awritten contract or agreement. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 University of San Diego Effective: 07/01/2021 | Policy Number: J98-23V | CGL: 2021 Page 1 of 1CGL502I - 6 | Version Date: 06/01/2008 | CGL - Additional Insured Endorsement | Print Date: 08/20/2020 ADDITIONAL INSURED ENDORSEMENT In consideration of the premium charged, we agree with the Educational Organization that, subject always to all other provisions of this Policy, City of Carlsbad, its officers, employees, volunteers and agents 1200 Carlsbad Village Drive Carlsbad, CA 92008 is an additional Insured but only with respect to Occurrences arising out of operations and functions for or on behalf of an Included Entity. All other Policy provisions remain the same. Authorized Representative