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2010-01-26 City Council Item No. 9
CITY OF LADE (JLSIA0RJE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JANUARY 26, 2010 SUBJECT: CLIMATE ACTION PLAN CONSULTANT SELECTION Background The City of Lake Elsinore is developing a Climate Action Plan (CAP) that will identify how the City and the broader community can reduce greenhouse gas emissions (GHG). The CAP will also identify the steps needed to prepare and adapt to climate change. The CAP will position the City to compete for funding opportunities to implement specific strategies for increasing energy efficiency and conservation. The CAP will also help the City prepare for ongoing changes to the State and Federal regulatory environment, including the California Global Warming Solutions Act of 2006 (AB 32) (Attachment 2), SB 375 (Attachment 3), and related legislation. CAP adoption may also benefit future development in the City by having GHG reduction targets and strategies already in place and available for use in environmental documentation. Lastly, the State Attorney General has recently scrutinized General Plan Updates that fail to address GHG and climate change. Adoption of the CAP will compliment as well as achieve certain goals and objectives outlined in the General Plan Update related to climate change and GHG, furthering the effort to complete the General Plan Update by mid 2010. Discussion In November of 2009, staff sent out a Request for Proposal (RFP) (Attachment 1) to prepare a CAP document. Staff requested that the Plan include the following: 1. Review working draft of Chapter 3 (Public Safety and Welfare) of the General Plan Update and information from existing technical studies and other applicable documents. 2. Create and help conduct public outreach and education programs. 3. Refine GHG reduction targets and assist staff at City Council meetings to approve the targets. CC January 26, 2010 Item No. 9 Page 9 of 26 Climate Action Plan Consultant Selection January 26, 2010 Page 2 4. Identify and recommend strategies the City can implement in order to reduce GHG emissions in City operations as well as communitywide emissions. 5. Develop a "cost benefit analysis" on recommended implementation measures. 6. Attend meetings with staff and other agencies. 7. Attend Planning Commission and City Council meetings, hearings, study sessions and updates. 8. Develop electronic and printable versions of the Draft and Final Climate Action Plans The RFP was posted on the City website, the American Planning Association (APA) website, and also mailed to appropriate consulting firms. Staff received nine (9) proposals from consulting firms listed in the matrix below (in order of cost). Consultant Location' Cost *Rincon Consultants, Inc. Ventura, CA $82,018 **The Planning Center Costa Mesa, CA $90,434 **Ho le-Ireland Irvine, CA $95,130 **HDR San Diego, CA $95,469 **MIG Pasadena, CA $110,196 RBF Irvine, CA $130,485 JAS Pacific, Inc. Temecula, CA $140,590 CTG Energetics, Inc. Irvine, CA $150,370 RGP Irvine, CA $156,734 * Selected Consultant **Shortlisted Selection Criteria While reviewing the submitted RFPs, staff employed the following factors to determine the best qualified firm and most advantageous proposal to the City. • Willingness and flexibility to attend multiple meetings and public hearings without affecting the budget for the project; • Experience with Greenhouse Gas Emission Analysis and Climate Action Plans; • Qualifications and number of staff committed to the successful completion of the project; • A thorough cost matrix/estimate encompassing all related costs; • Components and format to address the proposed scope of work; • References; • Cost estimate. Many of the consulting firms that responded to the RFP exhibited experience and dependability with the preparation of similar projects, including knowledge of specific CC January 26, 2010 Item No. 9 Page 2 of 26 Climate Action Plan Consultant Selection January 26, 2010 Page 3 aspects of a Climate Action Plan process. Cost estimates from the most qualified firms varied greatly given the general scope of work provided. Staff recommends the selection of Rincon Consultants, Inc. This firm demonstrated the ability to provide the most advantageous program for the City in terms of cost and past experience. The proposal also provided elements such as a full breakdown of associated costs, review of past projects, and an example of a CAP completed by the consultant (City of Benicia). Furthermore, staff received very positive feedback from reference checks conducted prior to selecting Rincon. Rincon's proposal has been included in the agenda packet for reference. Fiscal Impact Associated costs for the CAP will Efficiency and Conservation Blo Planning Division and GIS staff impact to the General Fund. Recommendation be paid by funds already obtained through the Energy k Grant (EECBG) as well as developer participation. rill conduct some project support and there will be no Staff recommends that the City Council authorize the City Manager to enter into a contract with Rincon Consultants, Inc. to prepare the City of Lake Elsinore Climate Action Plan, in an amount not to exceed $82,018. Prepared by: Tom Weiner Director of Community Development Approved by: Robert A. Bradynj City Manager V`'"~" Attachments 1. Climate Action Plan RFP 2. AB 32 Office of the Governor Press Release 3. AB 375 Fact Sheet 4. Agreement for Professional Services 5. Rincon Proposal CC January 26, 2010 Item No. 9 Page 3 of 26 ATTACHMENT 1 CITY OF LA E LSII`iOL L DREAM EXTREME,M City of Lake Elsinore Request for Proposals CLIMATE ACTION PLAN Issued: November 23, 2009 Proposals Due: December 23, 2009 CC January 26, 2010 Item No. 9 Page 4 of 26 City of Lake Elsinore Climate Action Plan RFP Page 2 SECTION 1 - GENERAL INFORMATION 1.1 PURPOSE The purpose of this Request for Proposals (RFP) is to provide interested parties with sufficient information to enable consulting firms to submit proposals concerning preparation of a Climate Action Plan (CAP) for the City of Lake Elsinore. 1.2 RIGHT OF REJECTION The City reserves the right to reject any or all proposals received as a result of this request. The City will not pay for any information contained in the proposals obtained from participating firms. The City is not liable for costs incurred by firms prior to issuance of a contract. The City also may negotiate separately with any source in any manner necessary to serve the best interest of the City. This request for proposals is made for information and planning purposes only. Awards (if made) will not be made solely on the basis of proposals resulting from this request. 1.3 ACCEPTANCE OF PROPOSAL CONTENT If a contract is awarded as a result of a response to this request, the City will select the successful individual or firm as quickly as possible after the final date for receipt of the proposals. However, final award is contingent upon successful contract(s) negotiation. It is likely that the content of the proposal of the successful bidder will be used in a legal contract of agreement. Bidders should be aware that methods and procedures proposed are likely to become contractual obligations. 1.4 INQUIRIES If the consultant has any technical questions regarding this RFP, please contact either of the following: Tom Weiner, Acting Director of Community Development (951) 674-3124 ext.270 tweiner@lake-elsinore.org Justin Carlson, Associate Planner/RDA (951) 674-3124 ext.314 jcarlson@lake-elsinore.org 1.5 CONTRACT AMOUNT The consultant shall prepare a fixed cost estimate for the services requested in this RFP. The not-to-exceed cost may include the extent of work that the consultant CC January 26, 2010 Item No. 9 Page 5 of 26 City of Lake Elsinore Climate Action Plan RFP Page 3 considers realistic to comply with this scope of work. Additional meetings; community meetings, and public hearings may be bid on a time and materials basis. Preparation of documents shall be proposed based on deliverable products. 1.6 PROJECT LOCATION The CAP shall address the City of Lake Elsinore and areas under its sphere of influence. 1.7 PROJECT DESCRIPTION/BACKGROUND In 2006 California enacted landmark greenhouse gas (GHG) legislation, AB 32, the Global Warming Solutions Act of 2006. The law requires California to reduce its total GHG emissions to 1990 levels by 2020, which represents about a 10% percent reduction from current levels. Governor Schwarzenegger's 2005 Executive Order S-3- 05 requires further reductions to 80% below 1990 levels by 2050. CEQA requires public agencies to identify the potentially significant effects on the environment of projects they intend to carry out or approve, and to mitigate significant effects whenever it is feasible to do so. While AB 32 did not amend CEQA to require new analytic processes to account for the environmental impacts of GHG emissions from projects subject to CEQA, it does acknowledge that such emissions cause significant adverse impacts to human health and the environment. Senate Bill 97, enacted in 2007, amends the CEQA statute to clearly establish that GHG emissions and the effects of GHG emissions are appropriate subjects for CEQA analysis. OPR is directed by SB 97 to develop CEQA Guidelines for the mitigation of GHG emissions or the effects of GHG emissions and the Resources Agency is directed to certify and adopt the CEQA Guidelines by January 1, 2010. OPR and the Resource Agency are on track to satisfying these deadlines. The California Attorney General and the California Air Pollution Control Officers Association (CAPCOA) have encouraged local governments to adopt climate action plans in order to establish an analytical structure for GHG emissions in CEQA documents. An effective climate action plan will have several core elements, including an inventory of emissions, a target for reductions, timeframes, milestones, and tracking and accountability mechanisms, and strategies for achieving the state-mandated reductions. CAPCOA recommends that a climate action plan be adopted prior to, concurrently with, or following the adoption of a general plan update. The City of Lake Elsinore is in the final stages of updating its General Plan. Based upon CAPCOA's recommendation, the City desires to adopt a CAP in connection therewith. The City has incorporated policies throughout its General Plan Update that facilitate GHG emissions reductions. CC January 26, 2010 Item No. 9 Page 6 of 26 City of Lake Elsinore Climate Action Plan RFP Page 4 The City desires for the CAP to provide background information on the causes of climate change and projections of its impacts on California and the City of Lake Elsinore; present estimates of the City of Lake Elsinore's baseline GHG emissions inventory (i.e., current GHG emissions levels); identify the City of Lake Elsinore's reduction targets for 2020 and 2050; describe recommended emissions reduction actions in key target sectors (i.e., mitigation); and identify next steps required over the near term to implement the plan (i.e., an implementation strategy). It is the City's hope that adoption of the CAP will allow the City to streamline future projects that are subject to CEQA. The City has applied for funds through the Energy Efficiency and Conservation Block Grant (EECBG) program administered by the Department of Energy as part of the American Recovery and Reinvestment Act (ARRA) to assist in preparing the CAP. A majority of the work will entail development of feasible and effective implementation strategies that would at a minimum include incorporation of new sustainable policies and implementation measures to achieve GHG emissions reductions in accordance with state law and established local goals. The overall goal of the CAP is to add "cutting- edge," progressive, feasible and effective implementation measures to reduce the City's GHG emissions. SECTION 2 - SCOPE OF WORK The following is intended to provide the consultant a basis on which to prepare a proposal. This will include the overall process envisioned (and what role the consultant would play), what tasks or information are expected to be completed by the consultant and what would be prepared by staff. 2.1 GENERAL REQUIREMENTS Generally, the following major steps are envisioned to complete this work: 1. Review working draft of the General Plan Update and information from existing technical studies and other applicable documents. 2. Create and help conduct public outreach and education programs. 3. Refine GHG reduction targets and assist staff at City Council meetings with necessary explanations of targets and mitigation. 4. Identify and recommend strategies the City can implement in order to reduce GHG emissions in City operations as well as communitywide emissions. 6. Develop a "cost benefit analysis" on recommended implementation measures. CC January 26, 2010 Item No. 9 Page 7 of 26 City of Lake Elsinore Climate Action Plan RFP Page 5 7. Attend meetings with staff and other agencies. 8. Attend Planning Commission and City Council meetings, hearings, study sessions and updates. 9. Develop electronic and printable versions of the Draft and Final Climate Action Plans. 2.2 BACKGROUND INFORMATION To provide background information and facilitate the timely preparation of proposals and the environmental documents, the following documents are available for review in the Planning division of the Community Development Department. Many of these documents are also available on the City web site located at www.lake-elsinore.org. ❑ Draft General Plan Update - in process ❑ City Subdivision and Zoning Ordinance (Chapters 16 and 17) ❑ Draft General Plan Update District Plans ❑ City maps and GIS data 2.3 GENERAL INFORMATION The consultant shall prepare a CAP for consideration by the Planning Commission and City Council. The consultant is expected to develop a comprehensive public education and outreach program, develop programs and strategies for GHG reductions, assist in public education, and provide the City a system to track reductions over time as a result of adoption of the CAP. The primary expectation of the consultant's work is to produce a cutting edge CAP that addresses the special needs of the City. The following is a detailed list of tasks based on the categories 1-9 above. 2.4 TASKS Task 1: Review Existing Information Base and Establish/Refine GHG Reduction Targets: The consultant shall familiarize him/herself with the following documents: a. Draft General Plan Update b. Draft Land Use Map - General Plan Update c. Related WRCOG/SCAG documents related to SB 375 or AB 32 CC January 26, 2010 Item No. 9 Page 8 of 26 City of Lake Elsinore Climate Action Plan RFP Page 6 d. Establish GHG reduction targets and assist staff in presenting them to the public and the City Council Task 2: Public Outreach and Education Programs The consultant is expected to develop and help implement public outreach and education programs at appropriate times during the CAP process. The purpose of the public outreach and education programs is to educate the general public and stakeholder groups regarding climate change and GHG emissions, the need to reduce GHG emissions and to garner support for reduction strategies. The consultant shall supply the City with an education program which will improve the understanding of GHG emissions effects and how their actions affect GHG emissions. Tools for residents and business to estimate their emissions and recommended strategies for a wide range of cost-effective emissions reduction will also be required as a part of the City's outreach program. At a minimum, the consultant shall: a. Develop and use web based media for outreach and feedback regarding the CAP. b. Develop and use traditional media including print and possibly local cable access television to facilitate maximum public involvement. c. Assist in organizing and conducting at least one community outreach meeting. d. Collaborate and coordinate with staff and the development community working on planning activities such as new Specific Plans, General Plan Updates, and a potential green building ordinance. Task 3: Other Agency Facilities The Consultant shall consider the status of other agencies within the City and their approach to climate planning and consult with these agencies (i.e. Lake Elsinore Unified School District and Eastern Valley Municipal Water District) on common strategies to include the CAP. Task 4: Implementation Strategies The City's primary goals for the CAP are: (1) to include strategies and measures to reduce GHG emissions, (2) lower energy use from non-renewable sources, and (3) provide baselines for future development opportunities within the City. Consultant shall create and submit a list of progressive strategies and measures for review. The list shall incorporate standard smart growth measures, strategies related to sustainable design CC January 26, 2010 Item No. 9 Page 9 of 26 City of Lake Elsinore Climate Action Plan RFP Page 7 and green building practices that could also be implemented. Examples of such strategy areas include, at minimum, the following: a. Reducing Vehicle Miles Traveled (VMT). b. Calculating VMT in City sphere areas and assigning reduction targets based on those areas (e.g., subtract "pass-thru" traffic as the City cannot control that type of VMT). c. Land use tools to reduce VMT and GHG emissions from transportation sector. e. Alternative methods for GHG emissions analysis (e.g. transportation sector). f. Programs to retrofit existing buildings to reduce energy consumption. g. Local foods programs to help reduce vehicle miles traveled. h. Water and energy conservation strategies. L Modifying service provisions of City government. Task 5: Cost Benefit Analysis of Implementation Strategies The consultant shall identify specific implementation measures for GHG reduction and an explanation of the anticipated costs of each measure relative to its target. This will allow for the City to rank suggested measures and determine which are most feasible. Task 6: Meetings and Hearings The consultant shall be available to meet with City staff when given advance notice. The cost estimate shall include at least twelve (12) meetings. It is important for the consultant or member of the consultant team to have a local, Southern California presence. The consultant shall attend a total of up to six public hearings once the draft is completed. Members of the team shall attend hearings as needed. SECTION 3 - PROPOSAL CONTENT 3.1 FORM Proposals and supporting materials shall be submitted in two (2) hardcopies and one (1) electronic copy in Adobe PDF file format on Compact Disc (CD). Legibility, clarity and completeness are essential. Proposals should provide assurance that the firm has the professional capability to satisfactorily complete all tasks as described in this RFP. CC January 26, 2010 Item No. 9 Page 10 of 26 City of Lake Elsinore Climate Action Plan RFP Page 8 3.2 PERSONNEL AND EXPERIENCE Describe what each key person will contribute to the project and an approximate amount of time to be devoted to the project. Include a resume for each of the key personnel detailing their special qualifications applicable to the project. Especially identify personnel with special experience in development of CAP policies and programs. Describe the firm's qualifications in relationship to the required services. Summarize past projects of a similar nature that the consultant's firm has completed. If subcontractors are to be used, describe the methods that will be used to assure their cooperation and performance. 3.3 COORDINATION Describe the process for maintaining a close working relationship between the consultant and the City project manager. Considerable merit will be placed on a relationship in which City staff is frequently and completely briefed on all work in process. 3.4 TASK TIMETABLE AND COST ESTIMATES The proposal shall contain the tasks required to complete the project with a completion target date for each task. The consultant shall estimate the costs per task. The proposal shall include a table which specifies the following for each task: assigned personnel, number of hours to be spent, rate/hour, total cost. 3.5 OBJECTIVITY All reports and plans are to be an independent, objective, and unbiased work product. Proposals shall certify that the consultant, principals, and subcontractors (if used) have the capacity to submit a neutral and unbiased environmental document. 3.6 SCOPE REVISIONS The consultant is encouraged to contribute creative ideas to this scope of work. If the consultant identifies areas of concern or alternative methodologies not mentioned in this request, they should be described in the consultant's proposal and included in the cost estimate. SECTION 4 - CRITERIA FOR EVALUATION OF PROPOSAL The City of Lake Elsinore will evaluate the proposals based on, but not limited to, the following criteria: 4.1 UNDERSTANDING OF THE SCOPE OF WORK CC January 26, 2010 Item No. 9 Page 11 of 26 City of Lake Elsinore Climate Action Plan RFP Page 9 a. Demonstrated understanding of the project objectives. b. Consultant's approach to accomplishing the scope of work. c. Demonstrated knowledge of the Lake Elsinore area. 4.2 METHODS AND PROCEDURES a. Consultant's general approach to evaluating the issues. b. Complete description of the procedures and analytical methods to be utilized. c. Adequacy and creativity of the proposal, especially regarding proposed methods for acquiring a working understanding of local issues, for facilitating the flow of information between participants and the consultant, and for assuring meaningful participation by local residents and interested parties in the planning process. 4.3 MANAGEMENT, PERSONNEL AND EXPERIENCE a. Qualifications of each participant and overall "skill-mix" for the firm. b. Prior experience and quality of similar plans, especially experience with growing communities. c. Policy development experience of project team. d. Information obtained by contacting references listed by the consultant. 4.4 CONSULTATION AND COORDINATION a. Procedures to be used to ensure close contact between consultant and the project team. b. Demonstrated experience in working with community groups and local government. c. Is there a "local presence" on the team? 4.5 COST ESTIMATES a. Costs for completing the project, with total and for each component. b. Are the cost estimates reasonable for the work product proposed? c. Are professionals and nonprofessionals used for the appropriate tasks in the proposal? CC January 26, 2010 Item No. 9 Page 12 of 26 City of Lake Elsinore Climate Action Plan RFP Page 10 4.6 SCHEDULE The consultant shall prepare a detailed schedule with key milestones identified. The schedule shall consider these time frames: Milestone Time Frames a. RFP sent out November 23, 2009 b. Proposals due December 23, 2009 by 5:00 p.m. c. Consultant selection 14 days after item (b) above d. Contract approved 21 days after item (c) above Start CAP e. Review background materials and refine targets 30 days f. Complete education/outreach 30 days g. Draft CAP 45 days h. Final CAP 45 days Final CAP presented to City Council by July 27, 2010 CC January 26, 2010 Item No. 9 Page 13 of 26 Gov. Schwarzenegger Signs Landmark Legislation to Reduce Greenhouse Gas Emissic I I Office of the Governor %...O.°E=. Qfl-ERNaRe Home About Arnold About Maria Newsroom Multimedia Issues Blog Gov. Schwarzenegger Signs Landmark Legislation to Reduce Greenhouse Gas Emissions ATTACHMENT 2 SEflPAM.l Interact Appointments Espanol Joined by national and international dignitaries 2 who have been leaders in tweets the fight against global climate change, Gov. ren"aet Schwarzenegger signed Aa 32 by Assembly 2 Speaker Fabian Nunez (D- shares Los Angeles), California's landmark bill that Share establishes a first-in-the- world comprehensive program of regulatory and market mechanisms to achieve real, quantifiable, cost- effective reductions of greenhouse gases. "When I campaigned for governor three years ago, I said I wanted to make California No. 1 in the fight against global warming. This is something we owe our children and our grandchildren," said Gov. Schwarzenegger at signing ceremonies in San Francisco and Los Angeles. "Some have challenged whether AB 32 is good for businesses. I say unquestionably it is good for businesses. Not only large, well-established businesses, but small businesses that will harness their entrepreneurial spirit to help us achieve our climate goals. "Using market-based incentives, we will reduce carbon emissions to 1990 levels by the year 2020. That's a 25 percent reduction. And by 2050, we will reduce emissions to 80 percent below 1990 levels. We simply must do everything in our power to slow down global warming before it's too late." AS 32 requires the California Air Resources Board (CARE) to develop regulations and market mechanisms that will ultimately reduce California's greenhouse gas emissions by 25 percent by 2020. Mandatory caps will begin in 2012 for significant sources and ratchet down to meet the 2020 goals. In the interim, CARS will begin to measure the greenhouse gas emissions of the industries it determines as significant sources of greenhouse gas emissions. The bill also provides the Governor the ability to invoke a safety valve and suspend the emissions caps for up to one year in the case of an emergency or significant economic harm. National and international luminaries joined the Governor to celebrate California's leadership in fighting climate change. At the San Francisco bill signing ceremony, British Prime Minister Tony Blair participated via satellite to congratulate California on its commitment to the environment. In July, the Gov. Schwarzenegger signed a unique agreement with Prime Minister Blair to become partners and act aggressively to address climate change and promote energy diversity. The Governor was also joined at the San Francisco bill signing ceremony by New York Governor George Pataki, who has been extremely supportive of Gov. Schwarzenegger's environmental efforts at the state and ► Photo Essay ► Video ► Gov. Schwarzenegger on Twitter ► Gov. Newsroom on Twitter PHOTO MAY OUCH To wwaCE MORE RELATED PRESS RELEASES 12115/09 - GOv_Schwarzenegger tl_rgeS World Leaders to Embrace Subnational La.od€abio in Climate Changa..rjght 10112/09-Gov. Schwarzenegger and Secretary Salazar S'gn MOtJ_to_EU it Renewable EnGrr Development in C. r is 1011109- Gov. Schwarzenegger Announces $26.5 Million in QLQ_ n_Air Gran fqwaladhejn California CC January 26, 2010 Item No. 9 http://gov.ca.gov/press-release/4111/ rage .14 of 2t 09/27/2006 GAAS:684:06 FOR IMMEDIATE RELEASE Pri~r$lon I SI>ar This ► Speech Gov. Schwarzenegger Signs Landmark Legislation to Reduce Greenhouse Gas Emissions Page 2 of 2 national I lvels. At the Los Angeles event, the Virgin Group's Sir Richard Branson joined Gov. Schwarzenegger via satellite to applaud the Governor for his leadership and discussed Branson's appeal to other airlines to take voluntary steps to reduce greenhouse gas. Japanese Prime Minister Junichiro Koizumi, whom the Governor met with during his 2005 trade mission to Japan and who is a strong supporter of the Kyoto Protocol, sent a letter in support of the legislation. "I would like to commend you, Gov. Schwarzenegger, and [the] people of California for taking a leadership role in protecting the earth's environment;' wrote Prime Minister Koizumi. At the Prime Minister's request, the letter, attached, was read by the Japanese counsel general. Specifically, AS 32, the California Global Warming Solutions Act of 2006, requires CARB to: • Establish a statewide greenhouse gas emissions cap for 2020, based on 1990 emissions by January 1, 2008. • Adopt mandatory reporting rules for significant sources of greenhouse gases by January 1, 2009. • Adopt a plan by January 1, 2009 indicating how emission reductions will be achieved from significant greenhouse gas sources via regulations, market mechanisms and other actions. • Adopt regulations by January 1, 2011 to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas, including provisions for using both market mechanisms and alternative compliance mechanisms. • Convene an Environmental Justice Advisory Committee and an Economic and Technology Advancement Advisory Committee to advise GARB. • Ensure public notice and opportunity for comment for all CARB actions. • Prior to imposing any mandates or authorizing market mechanisms, CARB must evaluate several factors, including but not limited to impacts on California's economy, the environment and public health; equity between regulated entities; electricity reliability, conformance with other environmental laws and ensure that the rules do not disproportionately impact low- income communities. Because of California's massive and growing economy, the state is the 12th largest emitter of carbon in the world despite leading the nation in energy efficiency standards and lead role in protecting its environment. Text Version I Email the Governor I Email Alerts I Intemshio Program I Technical Contact R53 Fge22 Site a I Privacy Policy I Condition$ of V_ire I Office Contact f? %ate [Jomepaye I Save Our Water © 2009 State of California ti CC January 26, 2010 Item No. 9 http://gov.ca.gov/press-release/4111/ Page 15 of 26 Senate Bill 375: Redesigning Communities to Reduce Greenhouse Gases - Governor? ATTACHMENT 3 0 Office of the Governor ;H- EPeoP°E UER Fa Home About Arnold About Maria Newsroom Multimedia Issues Biog Interact Appointments Espanol Senate Bill 375: Redesigning Communities to Reduce Greenhouse Gases 10/1/2008 1 Neel The single-largest source of greenhouse gases in relweet California is emissions from passenger vehicles, and in order to reduce those 3 emissions, we must work to reduce Califomians'vehicle. shares miles traveled (VMTs) That Share means helping people spend less time in their cars to get to work and to the grocery store. In order to reach California's greenhouse gas reductions goals set out in the Global Warming Solutions Act of 2006 (AS 32), we must rethink how we design our communities. Senate Bill 375 by incoming Senator Pro Tenn Darrell Steinberg would be the nation's first law to control greenhouse gas emissions by curbing sprawl. SB 375 provides emissions-reducing goals for which regions can plan, integrates disjointed planning activities, and provides incentives for local governments and developers to follow new conscientiously-planned growth patterns. SB 375 enhances the Air Resources Board's (ARB) ability to reach AS 32 goals. Just as the railroad transformed California, and decades later our freeway system did the same, SB 375 will be responsible for reshaping the face of California's communities into more sustainable, walkable communities, with alternative transportation options and increased quality of life. Reducing Harmful Greenhouse Gases Through Better Land-Use Planning For California to reach its greenhouse gas reduction goals, we must address how the state's communities grow. This law will direct the ARB to set greenhouse gas reduction targets for regions of the state and work with Calffornla's 18 metropolitan planning organizations (MPOs) to align their transportation, housing, and regional land-use plans with greenhouse gas reductions in mind. FACT: California's population - now 38 million - Is projected to grow to 46 million by 2030, the equivalent of adding eight new San Franciscos to the state. More people means more cars, and more care means more miles driven, and that growth threatens to erode the progress of all other vehicle-related global warming reduction measures ARB is cumenpy developing. And that will mean less greenhouse gases emitted. Practically, this will mean envisioning and planning for communities that rely less on automobiles and get Californians out of their cars for routine trips such as to work and the grocery store. Spending less time on the road is the single-most powerful way for California to reduce its carbon footprint. FACT: Passenger vehicles are the largest single source of greenhouse gas emissions in California, accounting for 30 percent of the total. It will also mean a higher quality of fife. SB 375 provides incentives for creating attractive, walkable, sustainable communities and revitalizing existing ones. It will also encourage the development of more alternative transportation options. By doing so, this law will promote healthy lifestyles and reduce traffic congestion so Californians can spend less time on the road. A First-In-The-Nation Move For the state that epitomizes car culture to tackle the global warming problem of long commutes Is a historic event. Over much of the past century, California was shaped largely by the automobile - our freeway system, our drive-thm restaurants, our bedroom communities. Starting now, our environmental goals and our focus on healthy lifestyles will give a facelift to California's car culture. This is another first for California, which continues to lead the nation and the world in its aggressive fight against global warming. No other state in the nation is tackling land-use planning related to greenhouse gases. ► Speech II- Photo Essay ► Video ► Environment Issue Page ► Gov. Schwarzenegger on Twitter 0- Gov. Newsroom on Twitter PHOTO ESSAY aloe To wuacc CC January 26, 2010 Item No. 9 http://gov.ca.gov/fact-sheet/10707/ Page 16 of 2~ Share_T.hie ► Press Release Senate Bill 375: Redesigning Communities to Reduce Greenhouse Gases - Governor Am... Page 2 of 3 The Goverpor continues to work to boost California's economy while protecting its environment. Governor Schwarzeneggers green initiatives will mean jobs in California and more opportunities in the emerging green-tech and clean-tech indusbies as innovators work to develop new ways to reduce greenhouse gas emissions. The Legislation Senate Bill 375 (Darrell Steinberg, D-Sacramento) requires the ARB to develop regional greenhouse gas emission reduction targets to be achieved from the automobile and light truck sectors for 2020 and 2035. The 18 MPOs in California will prepare a "sustainable communities strategy" to reduce the amount of vehicle miles traveled (VMT) in their respective regions and demonstrate the ability for the region to attain ARB's targets. • ARB would later determine if each region is on track to meet their targets. • Builders also would get relief from certain environmental reviews under California Environmental Quality Act if they build projects consistent with the new sustainable community strategies. • In addition, cities would get extra time - eight years instead of five- to update housing plans required by the state. The Governor's Record on Reducing Greenhouse Gas Emissions: With strong policies, laws and innovation, California is leading the fight against climate change. • Global Warming Solutions Act of 2006 AS 321: AS32 established a first-in-the-world comprehensive program of regulatory and market mechanisms to achieve real, quantifiable, cost-effective reductions of greenhouse gas emissions. The law will reduce carbon emissions in California to 1990 levels by 2020. • -Low, Carbon Fuel Standard (LCFS): Calttornla's LCFS requires fuel providers to reduce the carbon intensity of transportation fuels sold in the state, dramatically expanding the market for alternative fuels. By 2020, the LCFS will reduce carbon content in all passenger vehicle fuels sold in California by 10 percent. • Million Solar Roofs Inifiafive: The Governor's $2.9 billion incentive plan for home and building owners who Install solar electric systems will lead to one million solar roofs in Califomia by the year 2018, provide 3,000 megawatts of clean energy and reduce greenhouse gas emissions by 3 million tons. • Renewable Portfolio Standard /RPS):California's RPS calls for more energy to come from clean, renewable sources. In 2003, the Governor called for an acceleration of the RPS, pushing for 20 percent of California's energy to came from renewable energy sources by 2010 rather than 2017, seven years earlier than statute. This accelerated standard became law in 2006, when the Governor signed SB 107. • California's automobile emissions standards: The Governor has been pursuing every avenue possible to enforce California's 2002 California law, AS 1493 by Assemblymember Fran Pavley, which allows California to enact and enforce emissions standards to reduce greenhouse gas emissions from automobiles, including a lawsuit against the U.S. Environmental Protection Agency to overturn its decision denying a waiver to enforce state regulations to limit greenhouse gas emissions from cars. What Theyre Saying About Senate Bill 375: Contra Costa Times: "Reducing Greenhouse Gas Emissions Is Best Accomplished With A Comprehensive Plan That Includes Land Use." "Technology will play a major role as hybrid and other high- mileage cars replace less efficient vehicles. But more must be done if California is to meet its goals. Less driving as well as greater fuel efficiency is needed. That is where Senate Bill 375 by Darrell Steinberg, DSacramento, comes in. The measure's supporters understand that reducing greenhouse gas emissions is best accomplished with a comprehensive plan that includes land use to go along with transportation strategies." (Editorial, "Smart Growth Measure Fights Greenhouse Gas Emissions; Contra Costa Times, 8131108) • Contra Costa Tlmes:"We are confident that Californians can significantly cut back on their consumption of fossil fuels with new technology and intelligent development that results In less driving. SB 375 is an important part of that strategy and merits bipartisan support in the Legislature and the governors signature" (Editorial, "Smart Growth Measure Fights Greenhouse Gas Emissions," Contra Costa Times, 8/31/08) Bakersfield Californian: "The Bill Would Create Opportunities For Local Creativity In The Pursuit Of Common, Statewide Benefits." (Editorial,"We Must Change The Way We Think About Growth; Bakersfield Californian, 8130/08) • Bakersfield Californian: "Creatively Applied, Attractively Rendered Urban Density Built Around Mass Transit Lends Itself To Job Growth, Affordable Housing And Protection Of Farmland, Never Mind Cleaner Air." "Steinberg's bill would not eliminate the suburbs or the big, ranch-style homes that some people prefer, but rather create an environment that would give homebuyers more responsible and affordable options. Creatively applied, attractively rendered urban density built around mass transit lends itself to job growth, affordable housing and protection of farmland, never mind cleaner air. The time to take bold strides in that direction is now.' (Editorial, "We Must Change The Way We Think About Growth," Bakersfield Californian, 8/30/08) The Fresno Bee: "A Carefully Crafted Effort To Rein In Sprawl, Cut Greenhouse Gas Emissions, Boost Mass Transit The measure, Senate BIII 375, by Sen. Darrell Steinberg, D-Sacramento, is a carefully crafted effort to rein in sprawl, cut greenhouse gas emissions, boost mass transit and increase the amount of affordable housing in the state. It deserves the governors signature" (Editorial, "Bill To Reward Smart Growth; Bipartisan Effort Addresses Several Of State's Biggest Problems," The Fresno Bee, 8131108) • The Fresno Bee: "SB 375 Is A Real Breakthrough... The Need Is Obvious." (Editorial, "Bill To Reward Smart Growth; Bipartisan Effort Addresses Several Of State's Biggest Problems; The Fresno Bee, 8/31/08) CC January 26, 2010 Item No. 9 http://gov.ca.gov/fact-sheet/10707/ Page -17 of 26 Senate Bill 375: Redesigning Communities to Reduce Greenhouse Gases - Governor Am... Page 3 of 3 Text Version Email l thp _Govemor I Email Alerts I Inle p Prooram j j%LN nig J Conta_c[ RSS Feeds I Site Map I Privacy PoI'cv I Qpnditions of Use I gtke Contact CA State Homeoag 1$avp Our Water 02009 State of California CC January 26, 2010 Item No. 9 http://gov.ca.gov/fact-sheet/l0707/ Page 18 of 26 ATTACHMENT 4 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement"), dated for identification purposes only as of January 26, 2010, by and between the City of Lake Elsinore, a municipal corporation ("City") and ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of 12 months. 3. Compensation: Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $82,018 without additional authorization from the City Manager. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City requests that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either parry without cause upon thirty (30) days' written notice of termination. Upon termination, CC January 26, 2010 Item No. 9 Page 19 of 26 Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City=s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. 2 CC January 26, 2010 Item No. 9 Page 20 of 26 a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at CityHall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 3 CC January 26, 2010 Item No. 9 Page 21 of 26 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 4 CC January 26, 2010 Item No. 9 Page 22 of 26 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities ofthe Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two hundred and fifty thousand dollars ($250,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best=s rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions ofthe policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. 5 CC January 26, 2010 Item No. 9 Page 23 of 26 d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Rincon Consultants, Inc. 1530 Monterey Street, Suite D San Luis Obispo, CA 93401 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6 CC January 26, 2010 Item No. 9 Page 24 of 26 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 7 CC January 26, 2010 Item No. 9 Page 25 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Dated: 12010 By: Robert A. Brady, City Manager ATTEST: Debora Thomsen, City Clerk APPROVED AS TO FORM: Leibold, McClendon & Mann, P.C. Barbara Leibold, City Attorney "CONSULTANT" Dated: 2010 By: Attachments: Exhibit A - Scope of Services CC January 26, 2010 Item No. 9 Page 26 of 26 Rincon Consultants, Inc. 1530 Monterey Street, Suite D San Luis Obispo, California 93401 805547 0900 FAX 547 0901 info@rinconconsultants.com wwkv. rinconconsultants.com December 22, 2009 Job Number 09-65540 Tom Weiner, Acting Director of Community Development Community Development Department Lake Elsinore City Hall 130 South Main Street Lake Elsinore, California 92530 Subject: Proposal to Prepare the City of Lake Elsinore Climate Action Plan Dear Mr. Weiner: Rincon Consultants is pleased to submit this proposal to prepare the City of Lake Elsinore Climate Action Plan (CAP). We recognize the importance of this project and have carefully tailored our project team and work program to address this project's unique characteristics, including the need to provide meaningful public outreach and education, coordinate preparation of the CAP with the City's General Plan Update, and provide creative, feasible and effective emissions reduction strategies for a growing community. We have assembled a team of highly qualified professionals that are uniquely suited to accomplish the Ciy's objectives for this assignment. Rincon's team of planners, environmental scientists, policy analysts, LEEDO accredited professionals, and California Air Resources Board (CARB)-accredited greenhouse gas emissions verifiers brings reliable expertise and creativity to this endeavor. Our comprehensive understanding of environmental issues, regulatory requirements, funding sources, and creative opportunities for emissions and energy use reductions allows us to offer cost-effective, feasible, and legally-defensible solutions. We are confident that you will find our consulting team and project approach an excellent match for this important project. Our Principal-in-Charge, Stephen Svete, AICP, is an expert in the environmental document preparation, urban planning, community design, environmental compliance, alternative transportation planning, and project management. Abe Lieder, AICP, will manage the project, and will be assisted by Shauna Callery, MCRP. Abe is a Senior Environmental Planner in Rincon's Ventura office. He has managed environmental documentation for a diverse range of projects and planning programs in southern California. Shauna has extensive experience developing policies and implementation programs to reduce greenhouse gas emissions and was a primary author of the City of Benicia Climate Action Plan. We are enthusiastic about the opportunity to work with the City of Lake Elsinore on this assignment, which combines our expertise in sustamability planning, community outreach, and innovative technical analysis and policy development. We recognize that addressing the challenges of climate change demands new and creative solutions, and look forward to working with City staff and members of the community to develop a feasible and effective CAP that will achieve the City's goals. We appreciate your consideration of Rincon Consultants for this project and welcome the opportunity to further discuss our proposal with you. Sincerely, RINCON CONSULTANTS, INC. ``ppaz 91CP Abe Led Stephen Svet4AICP Project Manager Principal-in-Charge E n v i r o n m e n t a l S c i e n t i s t 5 P l a n n e r s E n g+ n e e r 5