r- (Bianca Siegl, Long Range & Mobility lanning Manager)f7D (Robyn Eason, AICP, Senior Planner) ~

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1 CITY COUNCIL CONSENT CALENDAR JUNE 19, 2017 SUBJECT: INITIATED BY: AGREEMENT FOR SERVICES WITH RINCON CONSULTANTS FOR DEVELOPMENT OF CLIMATE ACTION PLAN IMPLEMENTATION AND MONITORING TOOL COMMUNITY DEVELOPMENT DEy;,RTMENT (Stephanie DeWolfe, AICP, Di recto (John Keho, AICP, Assistant Direct 11 r- (Bianca Siegl, Long Range & Mobility lanning Manager)f7D (Robyn Eason, AICP, Senior Planner) ~ STATEMENT ON THE SUBJECT: The City Council will consider approval of an agreement with Rincon Consultants, Inc. to develop a Climate Action Plan Implementation and Monitoring tool (CAP Tool). RECOMMENDATIONS: 1) Approve an agreement for services with Rincon Consultants, Inc. in the amount not to exceed $30,850 to develop a Climate Action Plan implementation and monitoring. tool. 2) Authorize the City Manager to execute all necessary documents related to the agreement. BACKGROUND I ANALYSIS: The proposed agreement with Rincon Consultants, Inc. is for consultant services to develop a Climate Action Plan Implementation and Monitoring Tool (CAP Tool). In September 2011, West Hollywood adopted the General Plan 2035 and its first Climate Action Plan (CAP). The General Plan includes specific goals and policies that guide the City's approach to climate change, while the CAP sets an ambitious target of reducing the City's annual communitywide greenhouse gas (GHG) emissions by 20-25% below 2008 levels by Since climate change is a cross-cutting issue addressed by many elements of the General Plan, the CAP as a whole is considered an implementation measure for the General Plan, and specifically implements policy IRC- 6.3 of the General Plan: Maintain and regularly update West Hollywood's greenhouse gas emissions inventory, greenhouse gas emissions reduction target, and Climate Action Plan to track reduction of greenhouse gas emissions from the community and from municipal operations. This structure allows the City to update the CAP on an ongoing as-needed basis to ensure that West Hollywood's climate protection efforts reflect both current legislation Page 1of4 AGENDA ITEM 2.W.

2 and emerging best practices. The CAP itself also specifically addresses implementation measures at the individual and communitywide scale as well as the evaluation and evolution of the CAP over time. The development of a CAP tool will further help the City monitor its progress toward reducing greenhouse gas emissions and fulfilling the action items of the Climate Action Plan. The City has been awarded grant funds from the Strategic Growth Council (SGC) to complete four projects, including the aforementioned project in addition to an update to the City's Transportation Demand Management (TOM) Ordinance, municipal code amendments to the City's Transit Overlay Zone (TOZ), and a Parking Demand and Utilization Study and Pilot Project. Request for Proposals (RFP) The City released a Request for Proposals (RFP) for consultant services on December 27, Ten (10) proposals were received in response to the RFP and three teams were interviewed. Based on their proposal, interview, and references, staff selected Rincon Consultants, Inc. who assembled a diverse team of sustainability and innovation experts. The team demonstrated the following: 1) Significant experience working with cities on GHG inventories, Climate Action Plans (CAPs), GHG reduction implementation monitoring tools, and GHG audits; 2) An understanding of West Hollywood's unique environmental challenges, opportunities and constraints; 3) Out of the box approaches to solutions that are consistent with the City's core values, General Plan and Climate Action Plan. The consultant team also comes highly recommended by former clients for their high quality work products and presentations. The firm at large has more than 20 years of experience working with the City of West Hollywood and has vast experience in climate action planning and technical GHG and Life cycle modeling, making them uniquely qualified to complete this scope of work. As part of the CAP Implementation and Monitoring Tool development, Rincon Consultants, Inc. will: 1) Review existing climate action documents and inventories; 2) Develop a web-based framework tool for CAP implementation and monitoring; 3) Provide support for a quantitative progress report on key metrics and indicators from 2011 to 2016, including a presentation to City Council The complete project scope is included as Attachment A. The cost for the consultant services is $30,850 and is funded through a grant from the Strategic Growth Council. Page 2 of4

3 Relation to West Hollywood Sustainability Work Program On March 6, 2017, staff from the Long Range & Mobility Planning Division provided a revised West Hollywood Sustainability Work Program (Attachment B) that included a list of several targeted initiatives over the next six to twelve months. The development of a CAP Tool is one of the near-term initiatives identified in the Work Program and, once created, it will help staff better facilitate and track outcomes of both the Climate Action Plan and other major sustainability program efforts. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal(s) (PSG) and/or Ongoing Strategic Program(s) (OSP) of: OSP-1: Adaptability to Future Change. In addition, this item is compliant with the following goal(s) of the West Hollywood General Plan: G-2: Maintain transparency and integrity in West Hollywood's decision-making process. IRC-6: Reduce the City's contribution to global climate change and adapt to its effects. EVALUATION PROCESSES: Staff will measure the progress of the CAP Tool against the timeline and budget approved by City Council and the Strategic Growth Council. Staff submits quarterly progress reports to the Strategic Growth Council as part of the grant administration. ENVIRONMENTAL SUSTAINABILITY AND HEAL TH: The development of a CAP Tool will have a direct and vital impact on the environmental sustainability of West Hollywood's built environment and municipal operations as well as the quality of life of residents, businesses, and visitors. COMMUNITY ENGAGEMENT: The development of a CAP Tool will result in enhanced progress reporting of the City's achievement of CAP goals and objectives and will facilitate the creation of annual report updates to City Council and the public. OFFICE OF PRIMARY RESPONSIBILITY: COMMUNITY DEVELOPMENT DEPARTMENT I LONG RANGE & MOBILITY PLANNING DIVISION FISCAL IMPACT: The total project cost is $30,850. The City received a Strategic Growth Council Grant in 2014 in the amount of $245,885 and held in account A portion of Page 3 of 4

4 the grant funds, $30,850, will be used to pay for the services outlined above. Staff time on this project will contribute toward the grant's required City match. AMOUNT DESCRIPTION $30,850 Funding for this item is already budgeted. ATTACHMENTS: A. Agreement with Rincon Consultants, Inc. B. March 6, 2017 City Council Staff Report - Update on Strategies Addressing the State's Zero Net Energy Goals and California Green Building Standards Code, an Overview of the Long Range and Mobility Planning Sustainability Work Program Page 4 of 4

5 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made on this 25th day of May, 2017, at West Hollywood, California, by and between the City of West Hollywood, a municipal corporation, 8300 Santa Monica Boulevard, West Hollywood, California (hereinafter referred to as the "CITY") and Rincon Consultants, Inc., 180 North Ashwood Avenue, Ventura, California (hereinafter referred to as the "CONTRACTOR"). RECITALS A. The CITY proposes to contract for professional services as outlined below; B. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; C. NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows: 1. SERVICES. The CONTRACTOR shall perform those services set forth in "Exhibit A," which is attached hereto and incorporated herein by reference. 2. TERM OF AGREEMENT. The term of this contract shall commence upon execution by both parties and shall expire on June 30, 2018 unless extended in writing in advance by both parties. 3. TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY's satisfaction, in accordance with the schedule incorporated in "Exhibit A," unless extended in writing by the CITY. 4. PAYMENT FOR SERVICES. The CONTRACTOR shall be compensated in an amount not to exceed $30,850 for services provided pursuant to this Agreement as described in "Exhibit A." Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the CITY for services performed to the CITY's satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the CITY. 5. CONTRACT ADMINISTRATION The CITY's Representative. Unless otherwise designated in writing, Robyn Eason shall serve as the CITY's representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person Manager-in-Charge. For the CONTRACTOR, Erik Feldman shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in-Charge shall not be replaced without the written consent of the CITY. Contract_Profl.iab_Over25K - Sept 2016 Page1of13 ATTACHMENT A

6 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES 5.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY's staff shall work with the CONTRACTOR as necessary to facilitate performance of the services Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR's services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY's premises. 6. TERMINATION Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor. 7. INDEMNIFICATION. Contractor shall indemnify and hold harmless City from and against all liability arising out of or in connection with Contractor's negligent or wrongful acts, errors or omissions in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. In the event that City is named as a party defendant in a lawsuit alleging injury as a result of Contractor's negligent or wrongful performance under this Agreement, Contractor shall defend City with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney's fees, expert fees and all other costs and expenses of litigation. Should conflict of interest principles preclude a single lawyer from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorney's fees, expert fees and all other costs and expenses of litigation. Contractor shall promptly pay any final, non-appealable judgment rendered against the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as ContracLProfliab_Over25K-Sept 2016 Page 2 of 13

7 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the City. The obligations established by this paragraph will survive termination of this Agreement. For purposes of this paragraph: City means the City Council and its subordinate bodies, elected and appointed City officials and officers, City employees and authorized agents and volunteers of the City. Liability means any claims or causes of action raised or asserted by, damage to, loss or expense incurred by or judgments rendered in favor of persons or entities not a party to this Agreement. The types of damages included within this indemnity obligation include, but are not limited to, personal injury, bodily injury, death, loss of use, and damage to or loss of real and personal property. The indemnity obligation of this paragraph includes all forms of negligent acts, errors and omissions, wrongful behavior and willful misconduct (including but not limited to breaches of professional standards of care, if applicable, and breach of contract) by Contractor and any of its officers, agents employees and subcontractors. 8. INSURANCE REQUIREMENTS The CONTRACTOR, at the CONTRACTOR's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: Workers' Compensation Coverage. The CONTRACTOR shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every 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 the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. This provision shall not apply if the CONTRACTOR has no employees performing work under this Agreement. If the CONTRACTOR has no employees for the purposes of this Agreement, the CONTRACTOR shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto and incorporated herein by reference as "Exhibit B." General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than ContracLProfl.iab_Over25K-Sept2016 Page 3 of 13

8 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES 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 Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR 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 three hundred thousand dollars ($300,000) combined single limit for each occurrence. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR's operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best's rating of no less than A-:Vll. Each general liability insurance policy shall be endorsed with the specific language of Section below. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise "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 CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations." 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 this policy 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. Contract_Prof\.iab_Over25K-Sept2016 Page 4 of 13

9 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to the CITY The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) days' written notice has been submitted to the CITY and approved of in writing, except in the case of cancellation, for which ten (10) days' written notice shall be provided Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the 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. The CONTRACTOR shall ContracLProfliab_Over25K-Sept 2016 Page 5of13

10 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES provide written evidence of current automobile coverage to comply with the automobile insurance requirement Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 9. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and 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. 10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto Workers' Compensation Law. The CONTRACTOR shall fully comply with the workers' compensation law regarding the CONTRACTOR and the CONTRACTOR's employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR's failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the Contract_Profliab_Over25K - Sept 2016 Page 6 of 13

11 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES CITY that the CONTRACTOR 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 the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of West Hollywood business license, if required under CITY ordinance. 11. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 13. LIVING WAGE ORDINANCE. The CONTRACTOR shall abide by the provisions of the West Hollywood Living Wage Ordinance. During the term of this Agreement, the CONTRACTOR shall keep on file sufficient evidence of its employee compensation to enable verification of compliance with the West Hollywood Living Wage Ordinance. 14. EQUAL BENEFITS ORDINANCE, No The CONTRACTOR shall abide by the provisions of the West Hollywood Equal Benefits Ordinance. During the term of this Agreement, the CONTRACTOR shall keep on file sufficient evidence of its employee compensation and any applicable benefits packages, as those benefits relate to the coverage of the domestic partners of contractor's employees, which shall include; bereavement leave; family medical leave, and health insurance benefits, to enable verification of compliance with the West Hollywood Equal Benefits Ordinance. 15. RESTRICTIONS: Arab League Boycott of Israel. The CONTRACTOR hereby affirms it does not honor the Arab League Boycott of Israel. 16. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative. All records shall be made available at the request of the CITY, with reasonable notice, during regular business Contract_Profliab_Over25K-Sept 2016 Page 7of13

12 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES hours, and shall be retained by the CONTRACTOR for a period of three years after the expiration of this Agreement. 17. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR's notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall h~ve the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request. 18. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. 19. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed fortyeight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. City of West Hollywood 8300 Santa Monica Blvd. West Hollywood, CA Attention: Robyn Eason CONTRACTOR: Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California Attention: Erik Feldman 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 21. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral ContracLProfliab_Over25K-Sept 2016 Page 8of13

13 CITY OF WEST HOLLYWOOD AGREEMENT FOR PROFESSIONAL SERVICES or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties. 22. 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. Payment of any invoice by the CITY shall not constitute a waiver of the CITY's right to obtain correction or replacement of any defective or noncompliant work product. 23. 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. 24. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this 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. IN WITNESS WHEREOF, the parties have executed this Agreement the 25th day of May, CONTRACTOR: CITY OF WEST HOLLYWOOD: Erik Feldman, Principal Department Director Paul Arevalo, City Manager ATIEST: Yvonne Quarker, City Clerk Contract_Profliab_ Over25K - Sept 2016 Page 9of13

14 CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A Scope of Services: The scope of services for this project will be as follows: Task 1: Project Initiation Within two weeks of authorization to proceed, Rincon will organize a project kick-off meeting with the primary project team members which consists of Rincon's Principal and Project Manager as well as the relevant City Staff. This meeting will serve as a forum to review and confirm the project objectives, scope of services, schedule, Strategic Growth Council (SGC) Grant Requirements, and invoice and project reporting needs. City Staff and the Consultant Team will identify key existing documents, data, calculations, and platforms essential to the development of the Monitoring Tool. Rincon assumes that all quantification calculations will be made available for review and use in the development of the monitoring tool. Rincon will prepare a meeting agenda and minutes. Deliverables: Project kick-off meeting agenda and minutes PowerPoint presentations and any applicable handouts Task 2: Review Existing Documents and Inventories Once the key background information, documents, and data are identified, Rincon will continue their review the sources and develop an outline for the Monitoring Tool. The documents to be reviewed will include the General Plan, Climate Action Plan, CAP Implementation Report, and calculations and data used previously for the development of the Climate Action Plan. Deliverables: A memorandum outlining the review findings and recommended approach to GHG Monitoring Tool Meeting with the City Staff to discuss findings and GHG Framework Outline Task 3: Development of Web-Based Monitoring Tool Rincon will work with the city to customize the template tool for the City's needs and the specific measures and goals of the West Hollywood Climate Action Plan. The tool will improve off of other city tools to provide a recognizable and intuitive format to input existing inventory activity data for both community and government-scale inventories. The tool will also track progress towards the cities GHG reduction goals in all seven of the categories developed in the 2011 Climate Action Plan. The tool will also provide a place to track individual measure progress as well as the estimated GHG reduction associated with each measure. Every input to the tool (kwh of electricity, therms of natural gas, etc.) will have its own tab and associated instructions on what data should be included and where the data can be gathered from. The tool will also feature a summary page with graphs and other visualizations which will automatically be linked to the annual report. Contract_Profliab_Over25K - Sept 2016 Page10of13

15 CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A The CAP measures set forth in the 2011 Climate Action Plan include a mix of quantitative and qualitative goals. Rincon will develop the tool so that both indicators and actions can be tracked by the City using the most readily available data. The Rincon Tool is completely customizable to record and calculate the information which is most desired by the City and will be easily adaptable to new reporting requirements. Rincon will also work with the City to develop an annual reporting structure which will help highlight quantitative results and qualitative success stories, co-benefits, and applicable awards. The report will be provided in a template form so that the City can easily update it using the monitoring tool and other readily available data. The word document will be linked directly to the summary page of the Monitoring Tool so that all data will be automatically updated in the report making annual reports as simple as possible to generate. Rincon will utilize their extensive knowledge of GHG reporting methodologies to ensure all of the calculations used in the monitoring tool and the data provided in the report conform to the Carbon Disclosure Project and Compact of Mayors standards. Rincon will develop an excel-based draft Monitoring and Reporting Program and present it to the City Staff. Staff input will be used to revise the Program for a final version. Rincon will then work with Socrata to ensure the files can be properly uploaded to the Open Data Portal. Socrata will provide a Silver level support contract to Rincon and the City allowing a total of 35 hours of support during Any coaching time not used by Rincon will be left over for the City to use as necessary. Socrata will work with the City and Rincon to ensure that the data input fields, calculations, and data visualizations are all consistent with the goals of the City. In this way, Rincon can ensure the City receives a fully functioning CAP monitoring tool that is also already linked to the Open Data Portal and set up to provide data visualization. Deliverables: Draft GHG Implementation and Monitoring Tool Draft Report Template Final Implementation and Monitoring Tool Final Report Template Task 4: Support for Quantitative Progress Report on Key Metrics and Indicators Once the Monitoring Tool and Reporting Template have been completed, Rincon will work with the City Staff to analyze the actions associated with the implementation of the CAP from 2011 to Rincon will conduct all necessary calculations, work with the City to collect the required and available data, and provide training to applicable city staff updating the online tool and making changes to the visualization. As stated above, as part of this workscope, Rincon and Socrata will work with City to provide up to 35 hours of instruction, support and coaching. A summary report will also be generated and provided to the City for internal and/or public use. Deliverables: Draft CAP Implementation Progress Report ( ) Data Input Training for City Staff Final CAP Implementation Progress Report Contract_Profl.iab_Over25K -Sept 2016 Page 11 of 13

16 Time of Performance: WeHo ACTS Project Tirneline - Tentative Sched.J/e 2017 CAP Implementation & Monitoring Tool Jul CITY OF WEST HOLLYWOOD AGREEMENT FOR SERVICES Exhibit A 2018 Aug Sep Oct Nov Dec Jan Feb 1 Background review & goals 2 Review existing document & inventories 4 Ort Draft The schedule above reflects that some tasks may or can begin prior to the completion of previous tasks. Sustainable Communities Planning (SCP) Grant requires regular reporting on progress throughout its funding cycle. All activities associated SCP Grant must conclude by Spring Special Payment Terms: Rincon will complete the CAP Implementation and Monitoring Tool for the City of West Hollywood in accordance with the scope of services described above for a cost not to exceed $30,850. A breakdown of the costs by task is shown in the cost spreadsheet below. The City will be invoiced based on the percent completion of each task below. Each task and the percent completion of each task should be referenced on all invoices. WeHo ACTS, Solutions or Clima e Action Plan mp ementation & Monitonnq Tasks Team Toto~ C ost Ho urs Cost HouB Rincon Consultants Task 1: Document Review PowerPolnt and Handout Development Kickoff Meeting Task 2: Review Desired Content, Organization, and Format of the CAP Document Review GHG Framework Outline Meeting Task 3: Update the Baseline Emissions Inventory and Develop Forecasts Draft Implementation and Monitoring Draft Reports Template Final Implementation and Monitoring Tool Final Report Template Meeting Open Data Portal Support $1, $1,210 $2, $2,680 $2, $2,080 $1, $1,490 $1, $1,400 $2, $2,945 $2, $2,155 $1, $1,750 $1, $1,840 $1, $1,300 $160 $ $220 c 0 = E ~l $205 $ $ 100 $90 $ !Task 4: Notice of Intent/Notice of Preparation Conference Calls Draft CAP Implementation Progress Report Final CAP Implementation Progress Report CAP Presentation an d Demonstration $725 $725 $2, $2,450 $1, $1,660 $2, $2, Project Management Project M anagement Sl, $1, Additional Costs Supplies, Travel, Communications Socrata Silve r Support Packa1e General & Adm inistrative Totol Addltionol Costs TOTAL LABOR+ ADDITIONAL COSTS $872 $2,500 $11 3 $3,485 $30,850 Conb'act_Proft.iab_Ove<25K - Sept 2016 Page 12 of 13

17 CITY COUNCIL CONSENT CALENDAR MARCH 6, 2017 SUBJECT: PREPARED BY: UPDATE ON STRATEGIES ADDRESSING THE STATE'S ZERO NET ENERGY GOALS AND CALIFORNIA GREEN BUILDINGS STANDARDS CODE, AN OVERVIEW OF THE LONG RANGE AND MOBILITY PLANNING SUSTAINABILITY WORK PROGRAM, AND APPROVAL OF AN AGREEMENT FOR SERVICES WITH THE ROBERT GROUP COMMUNITY DEVELOPMENT DEPARTMENT (Stephanie DeWolfe, AICP, Director)J)t.-~ (John Keho, AICP, Assistant Director)~ (Bianca Sieg I, Long Range and Mobility Planning Manager)~ (Robyn Eason, AICP, LEED AP, Senior Planner) STATEMENT ON THE SUBJECT: The City Council will receive an update on strategies to address the 2016 California Green Building Standards Code and the State's 2020 Residential Zero Net Energy goals. This report also contains an overview of the Long Range and Mobility Planning Division's Sustainability Work Program and requests that City Council consider the approval of an agreement for services with The Robert Group to provide temporary staffing services to support Sustainability Work Program. RECOMMENDATIONS: 1. Receive an update on strategies to address the 2016 California Green Building Standards Code and the State's 2020 Residential Zero Net Energy goals 2. Receive the Long Range and Mobility Planning Division's Sustainability Work Program and provide feedback on priorities as needed. 3. Approve an agreement for services with The Robert Group in the amount of $175,000 for temporary planning staff services 4. Authorize the City Manager or designee to execute documents incident to the agreement. BACKGROUND I ANALYSIS: This item was continued from the December 5, 2016 City Council Meeting and specifically addresses items from the Compliance with California Green Building Standards Code (Title 24) Council report (Attachment 1 ), as requested. Previous Council Direction On September 19, 2016, the City Council directed staff to proactively position the City to administer 2016 CALGreen (Title 24: Part 11) and the California Energy Code (Title 24: Part 6) and take the appropriate measures to prepare for the State's 2020 Residential Zero Net Energy (ZNE) goals (Attachment 1 ). Specific items to address included: Page 1of7 ATTACHMENT B AGENDA ITEM 2.H.

18 1. Providing educational materials on Title 24 and zero net energy 2. Focusing on solar access protections in development review applications 3. Amending the Zoning Ordinance to eliminate green building program incentives 4. Reconciling any City policy documents in conflict with Title 24 and State's 2020 Residential Zero Net Energy goals 5. Providing an overview of the West Hollywood Sustainability Work Program This report provides an update on each of these items. State Zero Net. Energy Goals and 2016 Title 24 Below is a brief overview of statewide green building policies. Additional context can be found in Attachment 2. With the release of the 2008 California Long-term Energy Efficiency Strategic Plan, the California Public Utilities Commission (CPUC) aimed to provide a single roadmap to achieve maximum energy savings across all major sectors in California. Several "big bold" programmatic goals were announced to guide market transformation efforts throughout the state to help meet its 2050 greenhouse gas emissions goals. Among these include: 1. All new residential construction (single family homes and multifamily three stories or less) in California will be zero net energy by All new commercial construction (including multifamily residential of four stories or more) in California will be zero net energy by This commitment to ZNE mobilized several agencies, including the CPUC, the California Energy Commission (CEC), and the California Building Standards Commission among many others, to collaborate and find pathways to ZNE implementation. This approach included the adoption of CALGreen (Title 24: Part 11) in 2010 and the establishment of more stringent standards for the California Energy Code (Title 24: Part 6) with each three-year update cycle. It should be noted that the State established 10-year and 20-year timelines to achieve ZNE due to the vast complexities and unknowns associated with advancing and preparing the marketplace (developers. contractors, government building officials, inspectors, utilities, suppliers, etc.) for ZNE code and policy implementation for different property types. Local Alignment with Title 24 and the State's Zero Net Energy Goals The following sections address a range of efforts designed to align the City's policies with Title 24 and the State's Zero Net Energy goals. Education materials/sustainability Questionnaire on Title 24 and Zero Net Energy City Council directed staff to provide educational materials on Title 24 and zero net energy practices to property owners and developers of all new residential, commercial, and mixed-use projects with completed or newly submitted applications. At its Planning counter, the Community Development Department provides information sheets on zero Page2 of 7

19 net energy and free building energy design assistance (see Attachment 3) to development applicants, while our Plan Check staff works with the development community to explain and enforce 2016 Title 24 during building permit review. COD is working with the City Attorney to also incorporate sustainability into the development review process. Owners of new development projects in West Hollywood will respond to sustainable design questionnaire on how their project incorporates specific sustainability features in line with City's priorities (see Attachment 4). This information will be forwarded to Planning Commission, Design Review Subcommittee, and City Council for consideration with project review once finalized. Solar Access Protections in Development Review Applications California statutory law addresses property owners' rights to install solar collectors and preserve their solar systems' access to sunlight through voluntary solar easements, restrictions on planting new vegetation that may cast large shadows, and preventing homeowner/condo associations from placing unreasonable restrictions on solar installations for interested owners. The development standards of the West Hollywood Zoning Ordinance also already reflect current solar access laws and the language associated with the design review of new projects has been revised to clarify any solar impacts a new project has on adjacent properties. The sustainability questionnaire mentioned in the previous section will inquire about any impacts to solar access on adjacent properties. The September 2016 City Council staff report stated that "in order to generate power, it will be essential to ensure that residential and lower scale commercial buildings have full access to the sun for a majority of the day." The intent of the ZNE goals is to set increasingly high requirements for energy efficiency in new development, which can be achieved through several means. With the understanding that not every property will be able to meet the State's ZNE goals on-site, the CEC is currently exploring off-site renewable energy alternatives for projects that can demonstrate infeasibility for the 2020 ZNE target. Additionally, several local jurisdictions such as Santa Monica and Palo Alto that have adopted Reach codes requiring or supporting on-site solar energy generation have incorporated infeasibility exemptions in these ordinances for properties with viable hardships in meeting such mandates. Elimination of Green Building Program Incentives Long Range and Mobility Planning (LRMP) staff met with the Long Range Subcommittee in February 2017 regarding an amendment of the Zoning Ordinance to eliminate green building program incentives in advance of the Green Building Program update. Staff will return for a hearing to consider the revised zoning language with the full Planning Commission on March 16, 2017, followed by a public hearing with City Council in April. The Green Building Program requirements will remain in place until the comprehensive update to the program is completed later this year. Staff will work with Global Green and a designated working group to reimagine the existing West Hollywood Green Building Program by identifying key sustainability areas for market transformation, developing aggressive local standards, and considering new, more relevant incentives. Page 3 of 7

20 Reconciling City Policy Documents for alignment w!title 24 and Zero Net Energy Reviewing existing state and local climate change policy documents for alignment with state ZNE goals will be accomplished in Quarter 2 as part of LRMP work programs. Please see discussion on this in the next section. West Hollywood Sustainability Work Program ( ) With the adoption of the West Hollywood Climate Action Plan in 2011, the City has been recommitted to addressing climate change internally and citywide through its local policy framework and participation in advocacy efforts. In April 2016, LRMP hired the City's first dedicated Senior Sustainability Planner to increase capacity to implement the Climate Action Plan and various other sustainability initiatives. The sustainability work plan is largely carried out by this single staff member. Mid-year budget adjustments identified funding for temporary additional staffing (see Attachment 5 for agreement for services with the Robert Group for temporary planning staff services) and for consultant contracts necessary to accelerate key work plan items. The LRMP Sustainability Work Program addresses a wide range of issues related to sustainability, taking a comprehensive approach to addressing climate change citywide and often requiring collaboration with other departments and organizations. The program is a combination of ongoing efforts and special priority projects (see Attachment 6 for 2016 accomplishments). The Net Zero I Sustainable Practices Policy Framework (see chart on the next page) will be the first of several major initiatives this year to achieve some of the targeted goals of the West Hollywood Sustainability Work Program and will have direct influence on the future of the City's Green Building Program and Climate Action Plan. The Community Development Department (COD) has contracted with sustainability experts, Global Green, to develop a preliminary approach to net zero policy, the Green Building Program, and the Climate Action Plan updates. This will consist of: a preliminary evaluation of the City's existing sustainability policies in comparison to that of the State and other cities as identified; targeted stakeholder outreach and facilitated discussion about the City's sustainability priorities, and; an overview on what carbon neutrality could mean for West Hollywood. The next steps for the Net Zero/Sustainable Practices Policy Framework will depend on the results and direction from the preliminary approach cited above. It will involve the development and issuance of a Request for Proposal (RFP) for a multi-disciplinary team to further develop a net zero policy for the City and update the Climate Action Plan and the Green Building Program to align with the resulting priorities. Staff will return to City Council in June with an update and alternatives on how to proceed. Page 4 of7

21 Amend Zoning Ordinance to eliminate green building program incentives (in progress) Reimagine and update existing West Hollywood Green Building Program to reflect City's new sustainability priorities and changes in the State's building code (long-term: 6-12 months) Climate Action Plan Update Update West Hollywood Climate Action Plan to incorporate new programs and emissions reduction goals, reflecting the outcomes of Net Zero I Sustainable Practices Policy Framework and Green Building Program strategies (Long-term: 6-12 months) In addition to the efforts above, the Sustainability Work Program will focus on the following major program initiatives over the period (see Attachment 7 for a condensed Work Program schedule). Susta1nahle Water ln1t1at1ves Short-term (0-6 mos) Provide an update to City Council on LA County's Net Zero Water Ordinance Initiative Quantify the air quality impacts of requiring nonpotable water for construction dust mitigation of new development projects Continue to monitor work with local utili Launch solar technical assistance programs and solar advisor services communitywide through various media outlets Monitor performance of solar technical assistance program and make adjustments as necessary Showcase successful solar conversions via case studies and social media tlectrical Vehicle (E V ) Charg 111 g Readiness Strategy Short-term (0-6 mos) Long-term (6-12 mos) Perform the required research to prepare a zoning Amend Zoning Ordinance based on results of text amendment to: required research to facilitate electric vehicle Require minimum percentage of parking charging in existing and new properties spaces in new construction to be plug-in In collaboration with SCAG, UCLA, and the vehicle ready or equipped with electric vehicle Department of Public Works, develop and charging stations implement programs to support electric vehicle charging readiness citywide Allow for installation of electric vehicle charging stations on private property without considering it a loss of oarkina Page s of7

22 Develop a tracking tool to quantitatively measure the effectiveness of CAP programs towards reducing communitywide greenhouse gas (GHG) emissions and identify opportunities for the upcoming CAP update {grant-funded project). Res1l1ency Plan Development of local strategies and capacity-building to meet the challenges of climate change and energy/water scarcity {starting late 2018). CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal(s) (PSG) and/or Ongoing Strategic Program(s) (OSP) of: OSP-1: Adaptability to Future Change. OSP-9: Upgrade Existing Buildings & Infrastructure. In addition, this item is compliant with the following goal(s) of the West Hollywood General Plan: IRC-4: Reduce the total and per capita amount of energy used in the City. IRC-5: Administer an active and robust green building program. IRC-6: Reduce the City's contribution to global climate change and adapt to its effects. EVALUATION PROCESSES: Staff continually seeks to respond to the community, changing trends and priorities in our respective fields, or opportunities informed by the goals of the City's General Plan and Climate Action Plan. Adjustments are made to work plans on an annual basis. ENVIRONMENTAL SUSTAINABILITY AND HEALTH: The actions of the Sustainability Work Program will have a direct and vital impact on the environmental sustainability of West Hollywood's built environment and municipal operations as well as the quality of life of residents, businesses, and visitors.. COMMUNITY ENGAGEMENT: Similar to other initiatives within LRMP, sustainability staff will engage in a variety of ways with the community, based on the need of a project or initiative. Surveys, task forces, focus groups, pop-up workshops, etc. will be utilized as a means of continually soliciting input from stakeholders. OFFICE OF PRIMARY RESPONSIBILITY: COMMUNITY DEVELOPMENT DEPARTMENT I LONG RANGE & MOBILITY PLANNING DIVISION Pase6of7