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ICLEI -2011
INSURANCE ON PILE A-2011-245 ? WORK MAY PROClnEB UNT\4 INSURANCE EXPIF?ESZ CLERK OF COUNCIL ?,-?' ? - ?- ? - ? Z- CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of November, 2011 by and between ICLEI -Local Governments for Sustainability USA, anon-profit organization, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS J A. The City desires to retain a technical consultant having special skill and knowledge in the field of ? greenhouse gas inventory and climate action plan services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fun in the field.. NOW THEREk`ORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OB SERVICES Consultant shall develop a comprehensive greenhouse gas (GHG) inventory for both the Community and Municipal Operations and a Climate Action Plan (CAP) for the City. The CAP will focus on energy efficiency, transportation and land use, planning building standazds, water, and solid waste. The CAP will provide cost-effective, sustainable solutions to reduce the City's environmental footprin#_ Consultant shall provide all required data to meet the reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison and perform those services as set forth in Exhibit A, Project Approach and Scope of Work and Exhibit B, Project Schedule, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the deliverable fees identified in Exhibit C, Fee Schedule. The total sum to be expended under this Agreement shall not exceed $265,860 during the term of this Agreement. Funding for this project is subject to the continued funding under the California Energy Efficiency Strategic Planning Implementation Contract with the City. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing milestones and deliverables completed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. WORK PRODUCT Consultant represents and warrants the Consultant's contribution #o the GHG Inventory and Climate Action Plan, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior approval of the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. TERM This Agreement shall commence on the date first written above and terminate on October 15, 2012, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services_ Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6_ INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall re quire its subcontractors, if any, to obtain and maintain insurance as described below_ a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s) with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured; (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; (c) contain standard separation of insureds provisions; and (d) provide to the additional insured, 30-day notice of cancellation or reduction in coverage. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEIVIIVIF?CATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors; agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such uiformation is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of caze it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10_ NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1 9 8 8 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.Q. BOX 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P_O_ Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: ICLEI -Local Governments for Sustainability USA 436 14th Street, Suite 1520 Oakland, CA 94612 telefacsimile (51 O) 844-0698 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address_ If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above_ If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11_ EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void_ Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon forty-five (45? days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City miless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate_ b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14_ DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable Iaw, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL. LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: `??y ! 1l?.viGL ? l MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney I3y_ ?u.t_r??-?ic_¢_O_???-f La44ra Sheedy - Assistant City Artoniey APPROVED AS TO CONTENT: ??' .? _ - l !? ? RAUL GODINEZ II Executive Director of th Public Works Agency CITY OF SANTA ANA PAUL M_ WALTERS Interim City Manager ICLEI -LOCAL GOVERNMENTS FOR SUSTAINABILITX USA ?? `(NAME) ?Csn.? 1. c , 13e?ti- (Title) ? ? e}- ?-rrc? Tax ID# o ?-1 - 3 1 1 6 6 23 6 EXfIIBIT A PROJECT APPROACH AND SCOPE OF WORK Project Approach The ICLEI team recognizes that the City wishes to take a comprehensive approach in mitigating climate change in both its own operations and across the community of Santa Ana. While funding has been secured only for the emissions inventory, forecast, and energy component of the CAP, we have fashioned an approach that will utilize available Southern California Edison (SCE) funding to minimize the cost of building out other sectors of the CAP, by creating templates and processes that will apply to all sectors. SCE-funded work is described as the Core Scope, while CAP development for non- energy sectors is described as the Enhanced Scope. The project will take place in two phases, with ICLEI providing project management and team coordination throughout. Phase 1 includes the GHG inventory and forecast and will be led by AECOM, while ICLEI will lead Phase 2, which includes target-setting and development of the CAP, associated implementation strategy, and materials related to emissions monitoring. This process aligns with ICLEI's internationally recognized planning framework for greenhouse gas management and reduction, the Five Milestones of Climate Mitigation, illustrated below. The scope of this project will take Santa Ana through the first three milestones: GHG inventory and forecast; target- setting; and Climate Action Plan development. The project will also set up the City for success in Milestones 4 and 5 by creating an implementation and monitoring strategy, as well as an Annual Monitoring Report template. The GHG inventory is a critical first step in effectively managing emissions from government operations and community activities. The inventory and forecast will be prepared by AECOM, using the most current standards embraced by State agencies and with support from ICLEI. An accurate inventory and forecast are essential to consistently measuring emissions over time and documenting the outcomes of the City's climate mitigation activities. Collectively, AECOM and ICLEI have assisted nearly 100 local governments in California in preparing GHG emissions inventories and forecasts, and, working with its partners, ICLEI literally "wrote the book" on inventory methodologies in the Local Government Operations Protocol and forthcoming Community Protocol. Building on the inventory and forecast, ICLEI will lead the development of emissions targets, the Climate Action Plan, the implementation and monitoring strategy, and the monitoring report template. The 1CLE1 team has established the following objectives for the CAP development process and the completed plan: • Elicit meaningful participation from stakeholders, City employees, and local leaders; • Accurately account for the full emissions reductions that can be defensibly credited to the City as a result of actions it is already pursuing; • Consider the full range of potential emissions reduction measures under City control or influence; • Identify the most reasonable and effective GHG reduction measures, including thorough consideration of cost-effectiveness and return on investment. • Quantitatively demonstrate achievement of GHG reduction targets and compliance with existing regulations, while ensuring that the plan is "future-proofed" by making an effort to reasonably anticipate known regulatory changes that may be on the horizon; • Provide clear guidance to City staff and stakeholders on how to implement the plan-a road map to success that engages partner agencies, businesses, the development community, and residents in partnering with the City to achieve the shared vision of a sustainable Santa Ana. Policy development will be focused on activities over which the City has the greatest control and that have the greatest emission reduction potential. Many of these programs will have over-arching environmental and socio-economic co-benefits and will relate to other City programs or to policies in the General Plan. Policy topics that may be applicable to the City under the Core Scope include (but are not limited to): • Energy efficiency and green building retrofits in existing municipal facilities • Energy efficiency standards and green building incentives for private projects • Energy performance standards for new development; • Retrofit programs for existing buildings in the community; • Renewable energy programs and incentives; Measures that may be applicable under the Enhanced Scope include (but are not limited to): Land use tools to reduce vehicle miles travelled fVMT); Development of bicycle and pedestrian infrastructure; Transportation demand management strategies for local businesses; • Waste diversion and zero-waste programs; s • Water conservation and reuse strategies; • Public education programs that promote behavior change. We will work with the City to refine existing practices and policies and develop strategies and measures appropriate for inclusion in the CAP to achieve consistency with AB 32, SB 97, and SB 375. The CAP will be developed through the following process, as outlined in the City's RFP and supplemented by our experience working on CAPs in diverse jurisdictions: • Determine preliminary strategies and measures to reduce GHG emissions, and criteria by which to evaluate potential measures; • Evaluate the emissions reduction and cost-effectiveness of GHG emission reduction measures, and recommend a suite of measures that meets the criteria and the emissions reduction targets; • Prepare an implementation strategy for the CAP detailing costs, funding sources, timelines, and progress indicators for each measure; • Establish a GHG reduction monitoring and verification system to track GHG reduction progress over time for each measure. • Ensure compliance with provisions of State CEQA Guidelines Section 15183.5 regarding tiering future environmental documents from the CAP; • Facilitate a meaningful community outreach and public involvement process This approach is consistent with the methodology ICLEI team members have employed or are employing in the preparation of CAPS throughout California and the nation. These items will be developed through a collaborative process among project team members and City staff. In addition to the project team and City staff, stakeholders from diverse sectors of the community will be engaged throughout the project to provide input on emissions goals, potential measures, and the Draft CAP. The stakeholder engagement effort will be led by Global Green, which has substantial experience facilitating public processes for sustainability_ Global Green recognizes that effective stakeholder outreach requires both knowledge of group interaction and facilitation, and expertise in the subject area. Over the past decade, Global Green has developed an integrated approach to outreach that is based on listening, engagement, and collaboration (asking the community to help decide what will happen), that has proven to be highly effective and more engaging than traditional linear approaches that focus on informing or educating the public (letting the community know what is going to happen)- Key aspects to the Global Green approach are: Enable inclusiveness and diversity. We believe that the best ideas emerge from groups with diverse viewpoints. We devote significant time to identifying what groups, organizations, and individuals should be included in the outreach process in order to enable the greatest possible creativity and synergy once the process is underway- Start early and stay the course. The outreach process should begin early so that participants are able to develop a strong connection to the project and suggested outcomes. Outreach should also be structured to take place through the course of the project, so that input can be provided incrementally at each phase. Provide a clear structure and sequence_ We believe that participants are best able to focus their participation when there is a clear structure, expectations, and a logical sequence to the outreach process. We have designed a process that will ensure the goals of the project are met, decisions about approach or direction are obtained at the appropriate time, and the participants are able to identify how their involvement has influenced the outcomes and suggested actions. Providing a clear description of the stages and purpose of the outreach also assists in maintaining involvement by the stakeholders over the course of the project. Offer multiple methods of participation. We recognize that different people respond to different formats and group dynamics. To ensure that all attendees are best able to participate we will use a variety of formats such as the World Cafe discussion approach of 4-5 person tables, break out groups, full-group presentations, and priority voting exercises. Through combining the results of the different methods, we are able to identify themes and priorities that can then direct future work stages. Global Green will lead a stakeholder engagement approach that puts these principles into practice, featuring the following groups and formats: Community Stakeholder Workshops: Three events over the course ofi the project, allowing stakeholders identified from a wide variety of sectors to provide input at key steps in the project. • Internal Working Group: Three meetings over the course of the project, in which key stakeholders from relevant City departments will provide both technicaE and process guidance. Targeted Stakeholder Meetings: Up to six meetings with individual stakeholders who are critical to the success of Santa Ana's climate mitigation efforts. City Council Meetings: One study session to provide an opportunity for guidance in identifying and evaluating CAP measures, and one formal hearing to consider adoption of the CAP. In conclusion, the ICLEI team is enthusiastic about making the Santa Ana inventory and CAP a success in meeting the City's objectives. We recognize there are many motivations at work in pursuing climate mitigation-including regulatory compliance, fiscal benefits, the drive of leadership, and simple ethical responsibility-and we are adept at fashioning processes and plans that harness these motivations to create exemplary outcomes. The following sections of this proposal detail how those outcomes will be brought about in the City of Santa Ana. io SCOPE OF WORK The methodology and scope of work presented here is designed to meet the needs of the City by implementing the Project Approach outlined above. The methodology unfolds in two phases: Phase 1 includes development of the all-sector GHG emissions inventory and forecasts, and Phase 2 includes development of the emissions targets and the Climate Action Plan (CAP) and associated implementation strategy. Stakeholder engagement is interwoven into ail phases of the project, but is called out separately under Task 8. The following section outlines the recommended workplan for executing the project, with specific attention to tasks and team responsibilities in each phase. Phase '1: Develop Greenhouse Gas Emissions Inventory and Forecast The primary deliverables for this phase will be the GHG emissions inventory and forecast for both government operations and the community, along with associated data files. A baseline GHG inventory and the associated emission projections form the foundation on which the CA P's GHG reduction target is established and reduction measures are evaluated. Therefore, establishing an accurate, transparent, and useful baseline GHG inventory is key to developing a successful CAP. AECOM will lead the execution of the inventory and forecast, with additional technical support from ICLE1. Fehr and Peers will perform data collection and contribute to emissions analysis for the transportation sector. The inventory and forecast methodology will follow the most current and widely-accepted standards. For government operations emissions, the inventory will comply with the Local Government Operations Protocol (LGO Protocol), which was developed in 2008 through a partnership between ICLEI, the California Air Resources Board, the California Climate Action Registry, and The Climate Registry. For community-scale emissions, the inventory will rely on current best practices in California and will be informed by guidance from the California Air Resources Board, the California Attorney General's Office, the Association of Environmental Professionals, and the South Coast Air Quality Management District. Analysis will also be performed to align the community-scale inventory with guidance coming out of ICLEI's Community Protocol development process- The Community Protocol is scheduled for release in 'I? Quarter 20'12, so while the final document may not be available upon initiation of the inventory, 1CLE1 will communicate the guidance that is likely to be included in the Pro#ocol. Task /. GHG Emissions Inventory The GHG emissions inventory will be developed through the following subtasks. Subtask 7a_ Identify Base/ine Year AECOM will assist the City in identifying an industry-standard base year that allows for assembly of a complete data set, while also allowing significant recent actions to be demonstrated against the baseline. The identification of a reasonable baseline year will ii require consideration of data availability from all key data sources, as well as local considerations. AECOM will work with City staff to identify and contact required data providers, develop an understanding of the availability and limitations of data sources, and explore possible operational changes which may have occurred in the recent past which would affect the relevance of historical data. Subtask 7b. Identify Data Sources and Collect Data Through meetings with key departmental staff, AECOM will identify the data needs and expected sources for the government operations and community inventories. Data needs and expected sources will be determined using the above-referenced standards as a guide. In cases where primary data sources are incomplete, secondary sources may be used to augment or substitute for primary data sources. During this stage, Fehr and Peers will generate VMT data for use in determining community-wide transportation emissions, utilizing the Orange County Transportation Authority Travel Demand Model (OCTAM) to ensure that vehicle miles travelled (VMT) is accurately accounted for and attributed only to travel related to the Santa Ana community. In addition to the required data for determining emissions, a variety of indicator data will also be collected for benchmarking purposes. This may include such indicators as square footage of buildings and government facilities, number of full time-equivalent employees, community population and employment, or economic activity, enabling additional levels of data analysis and future comparability. This information may also be used in setting the emission reduction target, if an efficiency-based target is desired and determined appropriate for Santa Ana. Subtask 7c. Analyze and Report Emissions Data AECOM will utilize ICLEI's CACP software and other industry-leading tools to analyze emissions. As part of the emissions analysis task, AECOM will perform a quality control analysis to ensure that quality, reliable data is provided to the city_ Results will be presented in a technical memorandum that describes emissions by source, scope, and sector, and describes the inventory methodology. A draft report will be provided to the City on the baseline GHG inventory including the energy savings analysis for the baseline GHG for both the Community and Municipal Operations_ The team will review the findings with City staff and develop a Powerpoint presentation of the inventory results for use in meetings and workshops. Task ? Work Products • Assessment and Planning Report as outlined by SCE for conducting the baseline GHG including the energy savings analysis for the baseline GHG emissions for both the community and municipal operations. Technical memorandum describing GHG inventory results • Workbook of supporting data Draft report on the baseline GHG inventory and energy savings analysis 12 • Powerpoint presentation summarizing inventory results Task 2_ GHG Emissions Forecast A business-as-usual forecast is critical in determining realistic emissions reduction targets and the extent of measures necessary to achieve them. AECOM will lead the development of emissions forecasts for multiple horizon years, with technical input from ICLEI. Fehr and Peers will lead the development of the transportation-related emissions forecast, ensuring comparability with techniques utilized in modeling the Orange County Sustainable Communities Strategy (OC SCS). Within this task, AECOM will estimate projected municipal and community-scale emissions for recommended horizon years of 2020 and 2035. AECOM will forecast the City's and community's projected emissions using historical trends and future growth projections. To develop an accurate projection of GHG emissions, AECOM recommends evaluating each emissions sector and selecting the best indicator to project future emissions for that sector individually. Sources of information on projected and historical growth and consumption trends that may be relied upon to develop emissions projections could include, but are not limited to, land use data from the General Plan, demographic data from the California Department of Finance, consumption data and forecasts from Southern California Edison and Southern California Gas Company, the Energy Information Administration (U.S. Department of Energy), and vehicle travel activity data from the traffic model. For the government operations inventory, AECOM will work with departmental staff to gather information on projected changes to government operations, such as new facilities, growth in fleet size, and other key data that would affect the inventory. Emissions forecasts will also take into account the foreseeable changes to the regulatory and technological environmen#s affecting GHG emissions (e.g., Renewable Portfolio Standards, California Green Building Code standards, and Pavley vehicle emission control standards). Without accounting for these factors, future GHG emissions could be overestimated, which in turn would overstate the CAP's GHG reduction potential. Task 2 Work Products • Technical memorandum describing GHG forecast and assumptions for 2020 and 2035 • Workbook of supporting data Phase 2: develop Emissions Reduction Targets, Climate Action Plan, Implementation Strategy, and Monitoring Materials ICLEI will lead the development of targets, the Climate Action Plan, the associated implementation strategy, and monitoring documents in the second phase of the project, with support from AECOM, Global Green, and Fehr and Peers. While funding has been secured for target-setting and the energy component of the CAP (Phase 2A, Core 13 Scope), funds may not be available to address land use, transportation, water, and solid waste in the CAP (Phase 2B, Enhanced Scope). While the ICLEI team recognizes this delineation and the uncertainty around it, we strongly recommend taking a comprehensive approach to climate action planning if feasible. Because the fundamental process of CAP development is similar regardless of which sectors are included, this section lays out a work plan that assumes an all-sector approach, and if only Phase 2A-Core Scope is funded, the general methodology will not change significantly. The process of developing a CAP involves several key tasks, including the quantification of existing local measures, establishing an emissions reduction target, facilitating public outreach and engagement in a multi-stakeholder dialogue, and developing a formal, written climate action plan for adoption. In addition to these identified tasks, AECOM will play an advisory role throughout development of the CAP regarding successful strategies for meeting the following regulatory requirements of a plan for the reduction of greenhouse gas emissions, as identified in State CEQA Guidelines Section 15183.5(b)(1): (A) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; (B) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; (C) Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; (D) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on aproject-by-project basis, would collectively achieve the specified emissions level; (E) Establish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and (F) Be adopted in a public process following environmental review. AECOM will anticipate these requirements and ensure they are addressed within the overall design and organization of the CAP. Phase 2 tasks are described in more detail below. Task 3. Quantify Emissions Reduction Potential from Existing Measures Understanding the impact of existing measures and programs is necessary to inform the development of both the emissions reduction target and the CAP. Santa Ana has undertaken a variety of projects that have reduced emissions below "business as usual" in the past several years, including: • $3.2 million in ARRA-funded energy efficiency upgrades and retrofits; 14 • Fee waivers and free engineering reviews for community solar energy projects; Planning fora streetcar line from the regional transit hub to Downtown Santa Ana; • Contribution to the Orange County Sustainable Communities Strategy, as a member agency of the Orange County Council of Governments; • Installation of more efficient pumps in the potable water distribution system; • Collection of residential green waste and production of composting workshops. ICLEI will work with key City staff to identify actions implemented by the city that have created reductions in both government operations and community-scale emissions since the baseline year. ICLEI will quantify the effects of each measure in terms of emissions and, where relevant, cost savings. It is our understanding that this task is to be included in the Core Scope. Task 3 Work Products • Prepare an Assessment and Planning Report as outlined by SCE for the development of an energy efficiency chapter in the Climate Action Plan for the community and municipal operations. • Technical memorandum describing emissions reductions from existing measures. Task 4. Evaluate a»d Recommend Emissions Reduction Targets As part of the Core Scope, ICLEI will evaluate emissions targets for both government operations and community-wide emissions, and recommend targets for consideration by City staff and community stakeholders_ Targets will be developed for each of the forecast years established in Task 2, recommended as 2020 and 2035. Recommendations will be consistent with guidance offered in the ARB AB 32 Scoping Plan, the State CEOA Guidelines, and other guidance forthcoming from the California Air Resources Board (ARB), SCAQMD, OCTA or other sources_ Other considerations will include baseline emissions, forecasted emissions, targets established by peer communities, effects of existing quantifiable measures at the local level, initial estimates of reductions from potential CAP measures, and the local stakeholder context_ The ICLEI team will begin stakeholder engagement in concert with target-setting activities, as described in detail under Task 8-Stakeholder Engagement_ ICLEI will prepare a technical memorandum with target recommendations and supporting analysis for City staff consideration. The agreed upon targets will be included in the CAP to guide consideration of emissions reduction measures_ Task 4 Work Products • Memorandum describing target recommendations and supporting analysis. is Task 5. Prepare Administrative Draft Climate Action Plan With support from all team members, ICLEI will lead the preparation of the Administrative Draft Climate Action Plan (Admin Draft CAP), which is intended for City staff review and comment before preparation of the Public Review Draft CAP_ The energy chapter of the CAP will be prepared as part of the Core Scope and will reflect goals and strategies included in the CPUC Energy Efficiency Strategic Plan, while other sectors would be addressed in the Enhanced Scope. The CAP will also refer to strategies identified in the AB 32 Scoping Plan, including green building standards, low carbon transportation fuels, and land use measures. This task represents the bulk of the work in Phase 2, and entails a number of subtasks described below, including: • Identification of measure evaluation criteria • Analysis of potential measures • Development of implementation strategies • Document production The organization and content of the CAP will be developed by ICLEI, while formatting and graphic design will be performed by AECOM. AECOM will extensively use graphics and tables to convey key concepts, and the graphic format and use of icons and tables will be established early with the city to ensure focused production_ Partly due to their design, legibility, and usability, AECOM's CAPs have been recognized by the American Planning Association (Los Angeles and Northern California Sections) and the Southern California Association of Governments (SCAG) as award-winning and exemplar documents. Reviewing agencies, such as the Bay Area Air Quality Management District (BAAQMD), have also commented favorably on the presentation of rigorous and transparent methodologies, and accessibility and ease of use of the CAP documents_ Stakeholders from both the community and City departments will be deeply engaged in developing the Admin Draft CAP. Stakeholder engagement occurs throughout the project and is described comprehensively later in this scope of work, under Task 8. Subtask 5a. Identify Measure Evaluation Criteria and Potential Measures Prior to performing an analysis of potential CAP measures, ICLEI will work City staff and stakeholders to identify measures for consideration, as well as key criteria by which to evaluate potential measures. ICLEI has identified emissions reduction and cost as two high-priority criteria for Santa Ana. ICLEI will recommend other key qualitative evaluation criteria, such as_ • ]dentification of measure evaluation criteria • Co-benefits, such as job creation, public health, and climate adaptation; • Timeframe required to implement the action; • Degree of City jurisdiction or influence; • Political feasibility as measured by the degree of political support for an action within a community and strength of the elected leadership; • Technical feasibility as measured by presence of technical barriers such as the expertise available within the government or community to implement the action; 16 • Availability of funding sources; • Support from implementing entities. A memorandum describing evaluation criteria and potential measures will be prepared for City staff prior to the analysis of measures in Subtask 5b. Subtask Sb_ Analyze and Recommend Measures ICLEI will utilize its CAPPA software and other off-model tools to analyze the emissions reduction, cost of potential measures, and other qualitative criteria selected in subtask 5a. Emissions analysis methods will be consistent with best practices as provided in guidance documents by CAPCOA and [CLEI. A high-level economic analysis will be performed on each potential measure, utilizing place-specific variables such as energy and labor costs to describe a range of likely costs. Emissions reduction and cost will then be evaluated together to determine cost-effectiveness. ICLEI will lead the cost- effectiveness analysis with support from AECOM's sustainable economics team. As part of the analysis process, ICLEI will utilize its new online CAPPA tool to help staff and stakeholders visualize the impact of measures in a real-time setting, as described in more detail in Task 8-Stakeholder Engagement. Using the findings of this analysis, ICLEI will identify a recommended suite of measures that rate best on evaluation criteria and enable the City to reach the emissions reduction targets. A memorandum describing the recommended suite of measures will be prepared and discussed with City staff prior to inclusion in the Administrative Draft CAP. Subtask 5c_ Oeve/op Implementation and Monitoring Strategy and Annual Report Template In collaboration with the City, ICLEI will develop a strategy for implementation of the CAP. Components of the s#rategy will include, for each measure identified in the CAP: assigning responsibility to the appropriate City department or division; establishing a timeframe for action on next steps; providing cost estimates and potential funding sources; and identifying opportunities to leverage existing programs. The implementation strategy will also identify organizational and administrative structure approaches, such as formation of a standing Green or Climate Action Team to coordinate and report on implementation. Opportunities to revise or update regulatory mechanisms such as the zoning ordinance, subdivision ordinance, urban design standards, and the building code will be identified as applicable. The strategy wilt also include a recommended process for monitoring and reporting on the implementation of the plan and progress toward achieving the emissions reduction target. ICLEI will develop an Annual Report Template that will simplify the reporting process for the City, leveraging and customizing a similar template currently under development through the Statewide Energy Efficiency Collaborative; this document will be developed outside of the CAP document. 1CLE1 will develop a framework for monitoring the implementation of recommendations to reduce electricity consumption and GHG emissions. The implementation and monitoring strategy will be included as a section in the CAP. i? Subtask 5d. Oocument Production To ensure that the graphic style meets the City's needs, AECOM will present City staff up to 3 document style templates. Based on staff input, AECOM will work with City staff to determine the best model document for Santa Ana. The Administrative Draft and subsequent CAP documents will be prepared consistent with the selected template in content, format, and graphics. ICLEI recommends that the following sections be included in the CAP: executive summary; overview of existing green initiatives in Santa Ana; overview of potential climate impacts in Santa Ana; climate action planning process; summary of the inventory, forecast, and reduction targets; energy efficiency chapter; presentation of measures and related information; relationship to CEQA and the General Plan, standards for finding future projects consistent with the CAP, and an implementation and monitoring strategy. In addition, appendices will be included providing additional information on methodologies- ICLEI wilt seek to strike a balance in content development that is substantive but concise, relying heavily on charts, diagrams, and tables to convey key information. The energy efficiency chapter will contain the energy efficiency component of the final GHG forecast and the recommendations to reduce electricity consumption and GHG emissions that were accepted by city council. It will also include estimated reductions in GHG emissions and estimated energy savings from implementing existing energy efficiency related GHG mitigation programs and for all potential new energy related GHG mitigation measures. Upon completion, the document will be transmitted to City staff in electronic format for a review and comment period. Task 5 Work Products • Memorandum describing evaluation criteria and potential CAP measures; • Memorandum presenting analysis results and the suite of recommended CAP measures- • Draft Energy Efficiency Chapter in a CAP for both the community and municipal operations • Monitoring framework for the energy efficiency chapter in a CAP • Up to three (3) CAP document graphics templates • Administrative Draft Climate Action Plan, with implementation and monitoring strategy • Annual Report Template Task 6_ Prepare and Present Pub/ic Review Graft Climate Action Plan Upon receipt of staff comments on the Administrative Draft CAP, ICLEI and AECOM will complete requested revisions and develop a Public Review Draft of the document. We assume that City staff will develop an appropriate distribution list, and circulate the Draft CAP to the public and applicable agencies, stakeholders and interest groups. [CLEI and Global Green will attend one public meeting to present the document and solicit comments. The ICLEI team recommends a public review period of at least 30 days, during which comments on the Draft CAP will be accepted. ]8 Task 6 Work Products • Public Review Draft Climate Action Plan Task 7_ Prepare Final Climate Action Plan At the conclusion of the public review period on the Draft CAP, ICLEI will provide a brief summary characterization of the nature of public comments and proposed responses for staff consideration prior to preparing the Final CAP. We assume that no new information will be raised in the comments that require substantive revisions to the CAP. Following public review, ICLEI and AECOM will prepare a Final CAP that incorporates appropriate revisions to the text of the Draft CAP in response to public comments. Comment letters and public meeting transcripts related to comments on the Draft CAP will be packaged separately for the City to retain on file. ICLEI will work with City staff to develop a strategy for City Council adoption and release of the plan. ICLEI can provide sample and template Council resolutions, and ICLEI and Global Green will develop a presentation for the Final CAP for Council consideration. Upon adoption, ICLEI will provide templates for press releases and an informational brochure or fact sheet describing the plan to be used for promotional purposes. Task 7 Work Products • Report summarizing public comments and proposed responses and how stakeholder input was used to refine the energy chapter in the CAP. Final Climate Action Plan with an Energy Efficiency Chapter • Sample and template Council resolutions • Template press release • CAP information brochure or fact sheet Task 8_ Stakeholder Engagement Global Green will have primary responsibility for the stakeholder outreach and engagement process, in close coordination with ICLEI_ This task will be executed throughout the project, with stakeholder identification and outreach occurring primarily during the inventory and forecast phase, and direct engagement integrated into the target-setting and CAP development phase Subtask 8a_ Stakeholder /dentification During the initial inventory phase of the project, Global Green will coordinate with City staff to develop and refine a list of community stakeholders, including within the Spanish speaking community- The goal is to identify a broad group of residents, business owners, workers, property owners, institutions, and environmental advocates that should be informed about the project and ideally be active participants in the various engagement efforts. 19 Global Green will also coordinate with City staff to identify key internal stakeholders (City staff) that should be involved in the Climate Action Plan development process. At a minimum, the staff team should include representatives from the City Manager's Office, Planning, Building, and Public Works functions_ Subtask 86. Community Stakeholder Meetings Global Green will organize three community meetings at key stages of the target-setting and CAP development. The first will be conducted during the target-setting phase and the second during the measures development component of the Plan_ The third community event will be a formal public meeting to present the Public Review Draft CAP and solicit comment during the public review period. The goals of each community stakeholder meeting are to inform the community of the current status of the project and what the next steps will be in the process, and to gain insight and direction on the focus, priorities, and administration of the plan at key stages _ The first two community meetings will be interactive workshops and will use a combination of the World Cafe and Deliberative Dialogue facilitation techniques_ World Cafe utilizes a small table format to encourage all participants to contribute. Deliberative Dialogue is an approach to gain a direction from a large group through preference surveys or sticker voting exercises_ The workshops will be conducted in English with Spanish translation provided. Global Green staff member Ted Bardacke is also a fluent Spanish speaker and regularly conducts green building trainings in Spanish. ICLEI's online CAPPA tool will be utilized in Workshop 2 to help participants visualize the impact of various potential emissions reduction measures in real time. The tool calculates and illustrates the effect of emissions reduction measures in charts and graphs as the input is changed. This feature lends itself well to a "scenario planning" approach that enables workshop participants to weigh the benefits and tradeoffs of different climate mitigation approaches. Subtask 8c_ Targeted Stakeholder Meetings To complement the larger community workshop approach, Global Green plans to conduct two clusters of targeted stakeholder meetings with key stakeholder groups such as the Chamber of Commerce, major property owners, key institutions, and other groups that may have specific and detailed issues that need to be discussed in a smaller format. These meetings will be conducted in a focus group format, with facili#ation provided by Global Green staff. Global Green will conduct up to 3 meetings in each cluster. Subtask 8d. interns! Stakeholder Workshop and Meetings The internal stakeholder process will consist of an initial workshop following completion of the inventory_ Two additions[ meetings will be conducted with the internal stakeholders through the course of the project as means of sharing the input from the community and to gain direction on the priorities, schedule, and robustness of the Climate Action Plan_ This group will also provide critical substantive guidance and Zo feedback on the emissions reduction measures for the government operations component of the Plan_ Subtask Se_ City Council Study Session and Public Hearing The final component of the outreach is with the City Council. Global Green's past work has demonstrated that early engagement on complex topics such as climate change and sustainability is greatly beneficial. Therefore, we suggest a City Council study session at the mid-point of the project, with a formal hearing held near the end of project to adopt the Climate Action Plan. Task 8 Work Products • Report summarizing public comments on the Public Review Draft CAP and proposed responses and how stakeholder input was used to refine the chapter in the CAP. • Three (3) community stakeholder meetings • Up to six (6) targeted stakeholder outreach meetings • Three (3) internal staff meetings • One (1) City Council study session • One (1) City Council public hearing. • Powerpoint presentations for each meeting, as needed. • Memorandum reporting all stakeholder meetings, the date, information of meeting attendees- energy location and contact zi EXHIBIT B PROJECT SCHEDIJLE 22 ?n m cNa m N 3 O Q [D m f{] N (D m 3 n a m m 0 _ m f x 0 m a m' m m s m m 0 a a m s m O n 0 n 3 m m m' y ? y W ? N C C C x 6 O m m G) 57 Vi fp Ca7 m N > n ? > s O ? w O_ m O N C C' O O m CD C O O O x ^ N =- N O (D vi ? (ND N O O_ fD m _ N O O N p y fD O ED N N O CD y O N O O (Q y O_ ? o C7 cD O O C ? y N 0 v w - -o 0 CD C. N Cl$ C fl- m v C O) C C G C C)Y TI n C7 ? SE N x v N N d ? O ? ? ? m O O C o ? ? lD N ? Q O B > °a. C'i-? 2) fD C n =3 > o ? ? C, ? t0 m (O ?C Q- j m O m O ID ? N C y N F °-= ? - m p1 ? N N v N C T. C m 3i O O [D N O v Z O G v n m 7 iT N m a C a c N m v EXI?iBIT C FEE SCHEDULE TASK ? ???.,. T T['y. t",?? ?SI`F°?y}? y_ biki C(3RESCOY!7r. LABO?i - r...,fr:. x ?.? a?r1?,,1.. ?'.':ta?%ynw.y Tl`-m5 .i='v.?io? yam, 3' ?^' !? ? ?-iJE 1'i?A. ?'??YTi? ?l/Y?( ]thy G1.3`t. 1 ase 1_ k ? .urx . ,GX? ?: ?'i.K a' b.<.+.r v'f5°{ ??Ke c'? r{ i,c??2' 2rF. COST +- Y I-. ???p?,'. ?,=.? ,:?E? ./r?` lKd UtfS-Q`?'?'1.?y.•?v?m¢. 4 x. ??,fR..e ?Y?. Task ] , GHG Emissions Invento $ 37,260 Task 2. GHG Emissions Forecasts $ I7,590 Subtotal -Phase 1 Labor $ 54,850 ?'4h_ ,x-6:. ? ;.. .-? 3*N' F ? v - h5 #? ?}yy??Y W g.S????ii?".`C`a ? f'?.? ?'f?TiJ:= u?#_Y. .F???Xer? ?. boo- ?.?Yi Fn.k!'.£u?Y ??+?.A ?. F 'c ? 1?' ?A>?53.1?: ?Ss? Task 3. Emissions?Reduction from Existin Measures $ 15;43.5. Task 4, Emissions Reducrion Tar' ets $ 11,120 Task 5. Admin .Draft Climate Action Plan - Ener $ - Subtask Sa_ Evaluation Criteria and Pateritia7 Meds:4res. $ 4,640 SubtaskSb. Anal zeandRecommendMeasures $ 39,1.14 Subtask Sc: Zm Zementation and Monitorin Strate $ 12,017 Subtask Sd Document Production and Review $ 10,1.97 Task 6. Public Review Draft Climate Action Plan $ 5,106 Task 7. Finai Clima[e Action Plan $ 8,306. Task 8. Stakeholder En a ement $ 41,$70 Subtotal - Ybase 2A Labor $ 147;805 - Subtotal -Core Scc2 e'- Labor $ 202;GS„5 Travel ,,, $ 6;400 Printin a roduction $. 500 Meetin Materials $ 300 Communications/Posta e/Delive $ I50 $ - Subtotal -Core Sco a -Other Dtx`ect Costs e • ? ? • C ? ? ? CIA 2 _,? .,.7C?`E???{??:{s?. $ 7,35: ? ? r ??. _ r! Task 5. Admin Draft Climate Action Plan -Other Sectors $ - Subtask Sa. Evaluation Criteria and PoteniFal Measures $ 3.;480 Subtask Sb. Anal ze and Recommend Measures $ 3 1,3.55 Subtask Sc. Im Zementation and Monitorin Strafe $ 2,640 Subtask Sd Document Production and Review $ 11,820 $ - Task 6. Public Review Draft Climate Action Plan $ 2,480 Task 7. Final CIimate Action Plan $ 4,080 • ? • -.TOTAL.'.BiTDOE'T' ; ::` $ - ;'" ?-$ ,;r•??265,8fi0> :, 24 OP ID: `??? ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 2/01 J11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement- A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 650-393-2000 CAOMTACT - San Francisco P&C 650-393-2001 feHONE ?? F,? Hays of California Ins Service 1350 Bayshore Hwy, Suite 218 3urlingame, CA 94010 INSURED ICLEI USA Inc 180 Canal Street #401 Boston, MA 02114 nsurance Co_ 19682 Ince Company 20281 ndon Companies rr'i?/ovnr_rc - --- ------- ------ "-°'-?'?' RCVIJ?VAV IVUM 6CK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP ? LIMITS GENERAL LIABILITY EACH OCCV RRENCE $ 1,000,00 B X COMMERCIAL GENERAL LIABILITY X X 35893974 11/26/11 11/26/12 1 PREMISES Ea occurrence ,000,00 $ CLAIMS-MADE ? 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DISEASE - EA EMPLOYE $ 1,000,00 DESCRIPTION OF OPERATIONS belo w E_L DISEASE-POLICY LIMfT $ 1,000,00 C Errors 80missions ME01039869 11/01/10 11/26/11 E 8 O 1,000,OD D¢d. 10,00 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, AdtllOanal Remarks Sch¢tlule, If more space Is requlretl) The City of Santa Ana, its officers employees, agents, volunteers and representatives are named as additlon?l IR)surr? Ith reg?aftl t4 dye 11?b111 and defense of suits arising Trom the'byeraIIa?q? mid-?s?Yy?lertbk+fieff by=b?'k?'1 or or on behaH of the named Insured. Notice of cancellation f r `:?ula tiu(:. Sl?.ecdy ^..V"M.,•v SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE A ?z,i?lr; ;?I. CiLy F+LlorneY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana (et al) ACCORDANCE WITH THE POLICY PROVISIONS. (see t)e IOW) Attn: ChrlSty Klndlg - AUTHORIZED REPRESENTATIVE P. O. 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IK, does no[ include that part of any contract or agreement that indemnities an architect, engineer or surveyor for damages azising ovt of: 1. preparing, approving or Failing ro prepare or approve maps, drawings, opinions, reports, Surveys, Held orders, change orders. designs or speciFcations; or 2. giving directions or instructions, or failing [n give them. Llabiliry Insurance Form BO-QZ-2000 (Rev. 4-01) CoiMract Page 26 0/ 32 Conditrons Dudes In The EVenf Of k+. Knowlcclgc oC an occurrence or ott-rinse, by .vn ageul or employee at' the insured will nor. Occurrence, Offense, cousti[u[c knowledge by the insured, unless an officer (whether or not an employee) of anv Clain? Or SUlf insured nr an utYicer's designee knows about such occurrence or offense. (conlrnuedf C?, ha9lu re oC stn agent or employee of the insured, other Chart stn officer (whether or not a? employee) of any insured ur an officer's designee, to notify us of un occu rrt:.nce ur offense that such person knows about will not ai'1'cct [he. insunutce afforded to you. [I. IC a. claim ur loss does not reasonably appear to involve ibis insurance, but it later develops inro a claim or Inns to which [his insurance applies, tftc failure to report it to us will not violate this conditio u, provided the invu red gives us irrvnediate notice as soon as [he insured is awsu'e [httt this insurance may apply to such claim or loss- ., .. -. ... ?.::.. ..,, Legal Action Against US :.;:. >.? .:. :.... ... ..,.-.: .._: ;. .„.. _..._.. Nu person or nrgani?suio? has a right under lhts assurance to: - juice us as a party or otherwise bang. us into a suit seek ing daxrmgcs from an insured; or - sue us nn this insurance unless all of the ttrms tu>d conditions of this insurartcc have been tLlly complied with. A person or urg artizatibn may sue us to rcco vrr on an agreed settlement oc on a final judgmca[ Against un insured obtained after an actual: • trial in a civil proceeding; or • arbitration or other alternative di?rutc resolu flue proceeding; but we will not he liable for darnagcs that are not payable under the tartres and conditions of this insurance or that arc in excess of the applicable Limits f)f insurance. Other lJlsurance It other vsdid acrd collecublc insurance is availab Le m the insured for loss we wUUld ulherwise: cover under this insurance, our obligations arc limited as foFlo ws. Primary Insurance "Phis insurance is primary except when the Excess Insurance provisio? described below applies. If [hisinsu ranee is primary, our obligatio?s are nut a[7actcd unless aoy of the other insurance is also primary. "Then, we will share with etll that other insurance by the method described in the iYlcthnd of Sharing provision described below. Excess insurance "i'his insu ranee is excess over any other insurance, whether primary, excess, contingent or on a„y other basis: A, that is E'ire. ]i3xtended Coverage, ]3uilder's Risk, Installation Kisk or sinr3lar insurance for your work; Lk. that is insurance that applies to property damage to premixs rented to you or temporarily necupied by you with permission ot--the owner; C. if the Ions arises out. of aircraft, autos or watereradt (to the: extent eat subject to Lhe Aircraft, Autos Or Waterer rft cxclwion); Liabi/ily lnstirance Form 80-02-2000 (Rev. 4-Oi) Contract Page 22 of 32 Gaud/t/ons Qth®r lnsurancs (continued) General Liability D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or F_. that is insurance undec any Property section of this policy. When this insurance is excess, we will have no ducy to defend the insured against any suit if any other insurer has tt duly to defend such insured against such snit. If no other insurer defends, we will undertake to do so, but we will he entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the anx?unt of loss, i.F any, [hat exceeds the sum of the total: • amount that all other insurance would pay for loss in the absence of this insurance; and • of all deductible and sett""-insured amounts under all other insurance. We will share the remaining loss, if any,. with any other insurance that is not described in this Excess Insurance provision and was not negotiated speciFically to apply in excess of the Limits Ot Insurance shown in [he Declarations of this insurance. MBthod o/ Sharing If all of the other insurnnce permits contribution by equal shares, we will foiiow this method also. Under [his method each insurer contributes equal amounts until iI has paid its applicable broils oC insurance or none of the loss remains, whichever comes Frrst. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio vE its applicable limits of insurance [a the total applicable limits of insurance of all insurers. Pf6ln%urTT Audet ? ? We will compute all premiums for this insurance in accordance with our roles and rates. In accordance with the I:'stiznuted Premiums section of the Premium Summary, premiums shown with an asterisk (?) arc estimated premiums and are subject to audit.. in addition to or in lieu of such designation in the Premium Sumrt[<?try, premiums may be designated as estimated promiums elsewhere in [his pniicy. In that case;, [here premiums will also be subject to audit, and the second pazagraph of the Estimated Premiums section of dte Premium Sutnmazy will apply. Ssp9ratJOn Of InStlreds Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this insurance to the first named insured, this insurance applies: - as if each named insured were the only named insured; and • separately to each itrsatred against whom claim is made or suit is 6roughi. LlebNity insurance Farm BO-02-2000 (Rev.. 4-01) Contract 23 0( 32 Conditions (continued) Transfer Or Waiver ?f We will wai vc the right o£ recovery we would otherwise have had against another person or Rights Of ReCOVery organization, for loss to which this insurance applies, provided the insured has waived their rights AgelJ75f Others of recovery against such person or orgactizalion in a nnntract or agreement [hat is executed bcrore such loss. Ta the extent. that the lnsured's rights w recover all or part of any payment made under this insurance have not been waived, those rights are transferred to us. The insured must do nothine* alter loss to impair them. At our request, the insured will bring suitor transfer those rights to us and help us enforce [hem. `This condition does not app}y to medic-al expenses. i??i4di?? ??£:,`i?.'?s:sx?:??.:'?GU-'?sz?E:? 5?::.i£'.'-acl.2::;: : <._:iix:s i.?5'?5'c?.>? ' w'?s"t??"%st.::.`T.'?-SS2a?^ef:.Aw6?ueo:EE£?`?4'sX?'£#?=sffi:5'.'.??.S;::w;ES?'?--x£%:JEuT'N?£'::-: 33xa£NG?oza"o..?"r':?2Ht::`a ?? L?ZU"?.?Yu:a?.dos:'?"`. L/ebl/!ty fnsuranca Form 8402-2000 (Rev. 4-01) ConVacr Page 24 a132