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22-031 Climate Action Plan Implementation Assessment
Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Hatch Associates Consultants, Inc. (“Contractor”), a Corporation, for Climate Action Plan Implementation and Organizational Assessment Service, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on December 31, 2022 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by December 31, 2022. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $20,100 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, dama ges, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Andre Duurvoort as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Rachelle Sarmiento as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application t o a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is termi nated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Avenue Cupertino, CA 95014 Attention: Andre Duurvoort Email: andred@cupertino.org To Contractor: Hatch Associates Consultants, Inc. 1999 Harrison Street, Suite 620 Oakland, CA 94612 Attention: Rachelle Sarmiento Email: rachelle.sarmiento@hatch.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 28. ADDITIONAL TERMS AND CONDITIONS: Notwithstanding and superseding anything in the agreement for Hatch to provide its services (the “Agreement’) of any kind, the Parties agree that: 1) Neither Party shall be liable for any indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to loss of use, loss of production, delay, economic loss, liquidated damages, lost profits and/or business interruption type damages, whether arising in contract, warranty, tort, negligence (including strict liability) and no matter how claimed, computed or characterized. 2) Hatch shall perform its services in accordance with a reasonable standard of care. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Daniel Miles Daniel Miles Director, Urban Solutions Mar 1, 2022 Christopher D. Jensen Andre Duurvoort Sustainability Manager Mar 7, 2022 Mar 7, 2022 City of Cupertino Climate Action Plan Implementation and Organizational Assessment Service Copyright © 2022 Hatch. All rights reserved, including all rights relating to the use of this document or its contents. Exhibit A: Scope of Services The City approves Hatch Associates Consultants, Inc. (Hatch) utilizing Rincon Consultants, Inc. (Rincon) as a subcontractor. Hatch requires Rincon to carry the same amounts of insurance required by the contract and to name the City as additional insured (per Exhibit D). Task 1: Analyze all the draft Measures and Actions in the City’s draft CAP Hatch and Rincon (the Hatch Team) will analyze all the draft Measures and Actions in the City’s draft CAP Update to ensure that Hatch has a comprehensive understanding of the contemplated measures and actions, timeline, and approach to implementation including considerations related to equity and communities of concern in the City. The Hatch Team will begin the project with a kick-off meeting with the City’s project team to confirm the scope of work, timing, roles and responsibilities, and key internal-to-City stakeholder(s). Proposed Budget: $1,162 Timeline: 1 week Deliverables: Review of Draft Measures and Actions; Kick-off Meeting; Gantt Schedule Task 2: Develop an understanding of the City’s current organizational structure, the budget process, and who implements Sustainability actions The Hatch team will develop an understanding of the City’s current organizational structure, budget process and current implementation leads for Sustainability actions using a two-part approach: a.Hatch will review City plans, including the Bike Infrastructure Plan, the Pedestrian Plan, the Capital Improvements Plan, and the Parks and Recreation Master Plan and other relevant plans as identified by the City to identify key departments and programs relevant to the CAP Update measures and actions. Hatch will coordinate with the City and Rincon on relevant information and synergies of these plans as part of the ongoing CAP Update. b.To develop a richer understanding of both the current structure, roles and responsibilities as well as provide a foundation for understanding how the City’s structure could evolve to support CAP Update implementation, the Hatch Team will interview relevant internal-to-City stakeholders to be identified via Task 1, review of the Plans in 2a, and discussion with the City and Rincon CAP Update team. Hatch will develop an interview rubric with contributions from the City, and lead interviews with relevant stakeholders which could include key staff from the City’s departments. Hatch will organize with one of the City’s CivicSpark Fellow to schedule the interviews and summarize notes, informing Task 3 and the CivicSpark Fellow’s effort to incorporate all the measures and actions in the draft CAP Update into City operations. Working closely with the City Sustainability Staff for coordination purposes, Hatch and Rincon will conduct interviews with applicable City Departments in the rough following order/combinations in order to obtain internal-to-City stakeholder information: •Finance/City Manager •Innovation & Technology •Public Works (assume includes Transportation)/Parks & Recreation •Community Development/Env Services •Finance/City Manager •City Communications Proposed Budget: $5,147 Timeline: 2 weeks Deliverables: Review of City Plans; Interview Rubric; Interview Notes & Summaries Exhibit A City of Cupertino Climate Action Plan Implementation and Organizational Assessment Service Copyright © 2022 Hatch. All rights reserved, including all rights relating to the use of this document or its contents. Task 3: Identify staffing needs, and recommend any organizational improvements The Hatch team understands CAPs with more specificity see increased implementation and effectiveness. Specificity applies not only to the clear definitions of actions and metrics, but also to thorough mapping of resources – both funds and staffing – to each measure proposed. a.To identify FTE needs and staffing gap of all measures and actions in the draft CAP Update, i.Hatch will work with Rincon to utilize existing and separately proposed CAP Update tools, if available, including ECERE (existing conditions emissions reduction estimation), SPARQ ( scenario planning and reduction quantification for CAP Update measures/actions) and CAPDash (dashboard to track CAP Update implementation progress) - and evaluate outcomes of these tools with Rincon to confirm how much the City’s current capacity to meet GHG and community resiliency measures is attributable to the City’s existing organizational structure, resourcing plans, or both. ii.Examine one peer city that has made organizational changes to support, streamline, or expedite emissions reductions to describe the rationale justifying the change and describe the new organizational structure. Description of the new organizational structure would include an overview of new departments, new functions, and changes in staff levels and duties as well as narrative on how these changes influence decision-making and outcomes. A peer city could include cities similar in population/economic make up, community emissions profile, in same region and/or cities that have achieved rapid and efficient emissions reductions. Hatch plans for the CivicSpark Fellow to support with research and write up of final case study. b.The Hatch team will use findings from Task 2b interviews and produce an organizational diagram that identifies potential synergies between departments and divisions as they currently exist in the City government and existing points of collaboration. Building upon our collective experience enabling delivery of CAPs in various municipalities, the Hatch team will suggest strategies and tools, including separately proposed CAPDash (if available), that augment what works today and streamline work processes for CAP Update implementation in the future. c.Hatch will engage with Rincon, particularly in the context of the separately proposed CAPDash tool (if available), to improve transparency of progress over time towards the GHG targets. The CAPDash Tool is an online electronic dashboard to track CAP Update implementation progress that can be utilized moving forward by City Sustainability Staff in coordination with other City Departments staff. CAPDash can provide a cost-effective internal monitoring, facilitation, and implementation tool for the City to be able to easily track progress with internal CAP Update projects implementation. CAPDash was developed to solve many of the hurdles related to implementing CAPs and has the functionality to calculate community GHG emissions over time, track implementation of CAP Update measures/actions , and display data internally and, if desired, also externally. The Hatch team’s understanding of the City, the tools available, and how progress should be made and tracked will inform our recommendations that ensure clear, accurate communication of the performance of the measures and actions drafted in the CAP Update measures/actions. d.The Hatch team will use the understanding of the City’s current organizational structure and the budget process and implementation leads for CAP actions developed in Task 2 to inform recommendations on process improvements to support each measure implementation as well as to develop alignment between the measures and the City’s overall use of funds. For example, City expenditures beyond those that are related to CAP measures should be screened to ensure that no expenditures result in additional challenges for CAP implementation. Our recommendations will address at what stage of budget development this screening should occur as well as key parties relevant to the screening. City of Cupertino Climate Action Plan Implementation and Organizational Assessment Service Copyright © 2022 Hatch. All rights reserved, including all rights relating to the use of this document or its contents. e.Hatch will specifically work with the City and Rincon to prepare funding strategies especially for two (2) key measures that result in the most GHG reductions in the currently drafted CAP Update. Hatch understands that priority measures/actions drafted, shown in Figure 1, were presented to the Sustainability Commission in October 2021 and the City Council in November 2021 and are currently being refined. For this effort, the Hatch team will examine opportunities to offset costs using funding, revenue, and financing approaches to support implementation for two (2) key measures. Hatch will prioritize the two (2) measures with the greatest ability to capture GHG emissions for this analysis or as prioritized as discussed with/directed by the City. The analysis will include examples from other public entities, where possible, and will note where additional refinement of implementation approach would be needed to ensure applicability and qualifying costs as attributable to the City and/or community. To support equitable approaches to cost offsetting, the Hatch team will examine how benefits from investments accrue to key stakeholder groups in the City (e.g., property owners, businesses, low-income residents, etc.), and include considerations and/or approaches in the analysis to ensure that CAP implementation does not create additional challenges for the pursuit of equitable social outcomes. Proposed Budget: $9,841 Timeline: 3 weeks Deliverables: Recommended Additional FTE(s) and Improvements of Organizational Structure; List of Strategies and Tools for Streamlining Work Processes; Timeline for CAP Budget Screening; Matrix of Funding, Revenue, and Financing Tools and their Benefits/Drawbacks Task 4 and 5: Estimate staffing cost required as well as other associated costs such as Operations Expenses (OpEx) and Capital Expenses (CapEx) For this effort, the Hatch team the two (2) key measures prioritized in Task 3e. The Hatch Team will guide the CivicSpark Fellow in compiling City cost estimates of the two (2) key measures based on existing positions and salary compensation plans as well as performing research on additional rough-order-of-magnitude costs in the peer cities examined in Task 3a.ii. Hatch will use the compiled baseline cost estimates from the City and additional data from peer cities will be used to generate estimates of staffing cost (i.e., fully-loaded FTE cost for appropriate level of expertise for new or additional positions required), capital expenditures (to the extent measures lead to development of specialized assets and public facilities), and operational expenditures (e.g., additional operating costs from capital invested or staff incurred) for the two (2) key measures analyzed in Task 3e. In coordination with the City and Rincon CAP Update team, Hatch will forecast detailed estimates for the short- term (the fiscal year 2024/2025) and a range of estimates for longer-term including actions with lasting fiscal year 2029/2030 for the two (2) key measures prioritized. Proposed Budget: $3,907 Timeline: 3 weeks Deliverables: Coordination of CivicSpark Fellow for Inventory of Staffing, OpEx, and CapEx Costs; Cost Matrix of Two Measures; Timeline of Investments Figure 1 - City of Cupertino CAP Update - Draft GHG Reduction Measures/Actions City of Cupertino Climate Action Plan Implementation and Organizational Assessment Service Copyright © 2022 Hatch. All rights reserved, including all rights relating to the use of this document or its contents. Exhibit B: Schedule of Performance Exhibit B City of Cupertino Climate Action Plan Implementation and Organizational Assessment Service Copyright © 2022 Hatch. All rights reserved, including all rights relating to the use of this document or its contents. Exhibit C: Compensation Maximum compensation not-to-exceed: $20,100. See following pages for Hatch and Rincon rate schedules. Exhibit C November 1, 2021 07 Schedule of Standard Country Rates USA Per Hour Principals 366.00 Senior Consultants 314.00 Engineering, Project, and Construction Managers 277.00 Consultants 253.00 Specialists and Supervisors 235.00 Senior Engineers and Technologists 209.00 Engineers 172.00 Intermediate Engineers 157.00 Junior Engineers 141.00 Technologists 172.00 Senior Designers and Technicians 162.00 Designers and Technicians 141.00 Intermediate Designers and Technicians 125.00 Junior Designers and Technicians 98.00 Purchasing Agents and Senior Expediters 131.00 Technical Assistants 115.00 Buyers and Expediters 96.00 Administrative Specialists 102.00 Project Support Coordinators 92.00 Project Support Technicians 79.00 Students 63.00 Currency: United States Dollars Time Charges: All time expended on the assignment, whether in our office, at the client’s premises, in transit, or elsewhere, is chargeable, including the time of staff engaged in the preparation of documents such as reports and specifications. System Fee: Secure global cloud-based system platforms, encompassing IT infrastructure, network connectivity, hardware, system licence fees, design and analysis tools are included in above rates. Expenses and Disbursements: Travel, living expenses, personal protective equipment, site office costs for resident staff and project expenses will be charged at cost plus 5%. Project expenses include capital procured equipment, project delivery software (at individual daily rates) and other items not otherwise listed. Reimbursement for general expenses on assignments including telecommunications, reproductions, printing, office supplies and courier charges are included in the above rates. Invoicing and Payment: Fees and expenses are invoiced monthly, payable within 14 days. Taxes will be added when applicable. Interest is charged on overdue accounts at the rate of 12% per annum. Process and Technology Experts: Process and Technology experts are charged at specific individual rates. Overtime: Overtime will be charged at 1.5 times the above rates. Terms and Conditions: The above rates are based on Hatch standard terms and conditions. Scheduled Revision: The next revision of this Schedule of Rates will be effective July 1st, 2022. Exhibit C - Compensation - Hatch Rates Rincon Consultants, Inc. Effective July 1, 2021 Page 1 Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $270 Director II $270 Principal I $250 Director I $250 Senior Supervisor II $228 Supervisor I $215 Senior Professional II $195 Senior Professional I $179 Professional IV $164 Professional III $152 Professional II $135 Professional I $120 Associate III $108 Associate II $98 Associate I $90 Project Assistant $85 Senior GIS Specialist $155 GIS/CADD Specialist II $135 GIS/CADD Specialist I $120 Technical Editor $120 Production Specialist $98 Clerical $85 *Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in‐court testimony are charged at the hourly rate of $350. Reimbursable Expenses Direct Cost Rates Photocopies – Black and White $0.20 (single‐sided) & $0.40 (double‐sided) Photocopies – Color $1.50 (single‐sided) & $3.00 (double‐sided) Photocopies – 11 x 17 $0.50 (B&W) & $3.30 (color) Oversized Maps $8.00/square foot Digital Production $15/disc and $20/flash drive Light‐Duty and Passenger Vehicles* $85/day 4WD and Off‐Road Vehicles* $135/day * $0.65/mile for mileage over 50 and for all miles incurred in employee‐owned vehicles. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges. Annual Escalation. Standard rates subject to annual escalation Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms. Exhibit C - Compensation - Rincon Rates Rincon Consultants, Inc. Effective July 1, 2021 Page 2 Equipment Day Rate Environmental Site Assessment Soil Vapor Extraction Monitoring Equipment $144 Four Gas Monitor $124 Flame Ionization Detector $100 Photo Ionization Detector $75 Hand Auger Sampler $57 Water Level Indicator, DC Purge Pump $41 Natural Resources Field Equipment UAS Drone $250 Spotting or Fiberoptic Scope $155 Pettersson Bat Ultrasound Detector/Recording Equipment $155 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $103 GPS (Sub‐meter Accuracy) $60 Infrared Sensor Digital Camera or Computer Field Equipment $52 Scent Station $21 Laser Rangefinder/Altitude $10 Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $8 Mammal Trap, Large/Small $1.50/$0.50 Water and Marine Resources Equipment Boat (26 ft. Radon or Similar) $565 Boat (20 ft. Boston Whaler or Similar) $310 Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $155 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $57 Refractometer (Salinity) or Turbidity Meter $35 Large Block Nets $103 Minnow Trap $88 Net, Hand/Large Seine $10/$50 Field Equipment Packages Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment) $100 Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone) $130 Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $155 Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $52 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.) $50/diver Marine Field Package (PFDs – Personal Flotation Devices, 100‐foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides) $50 Insurance, Hazard and Safety Fees L&H Dive Insurance $50/diver Level C Health and Safety $60 person Exhibit C - Compensation - Rincon Rates Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. /\CORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/3/2022 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 endorsement(s). PRODUCER E. K. McConkey & Co. (Valley Forge) 2555 Kingston Road, Suite 100 York PA 17402 name*CT Michelle Warren Mastrog PHONE FAX (A/C. No. Ext): (A/C. No): E-MAILaddress: mmastrog@vfcadvisors.com INSURER(S) AFFORDING COVERAGE NAIC # insurer a : Zurich American Insurance Comp 16535 insurer b : American Zurich Insurance Comp 40142 INSURER C : INSURER D : INSURER E : INSURER F : INSURED Hatch Associates Consultants Inc. 1900 Harrison Street Suite 620 Oakland CA 94612 COVERAGES CERTIFICATE NUMBER: 530126384 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSP SUBR WVP POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY _ CLAIMS-MADE E OCCUR Contractual Liab EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) XCU Included PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 0 JECT EH LOC OTHER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 1,000,000 $ 500,000 $ 10,000 $1,000,000 $ 2,000,000 $ 2,000,000 AUTOMOBILE LIABILITY 3/1/2021 X COMBINED SINGLE LIMIT (Ea accident)_____________ ANY AUTO ALL OWNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident)________ UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC8196182 3/1/2022 Y PER OTH-A STATUTE ER 0 E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Cupertino - CAP Update - Implementation and Organizational Assessment Services. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as additional insured on a primary and non-contributory basis but only when required by written contract and per policy terms and conditions. Waiver of Subrogation applies in favor of the additional insured(s) but only when required by written contract and where permissible by state law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Andre Duurvoort 10300 Torre Avenue Cupertino CA 95014-3202 AUTHORIZED REPRESENTATIVE . // „ USA ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD y\CORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/03/2022 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on NAME*°T Candace Pietras PHONE 416-619-8000(A/C, No, Ext): 410 Diy ouuu rA/C.Nob416-619-8001 address' candace.pietras@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER a :QBE Insurance Corporation 39217 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : PRODUCER HUB International Ontario Limited 595 Bay Street, Suite 900 Toronto, ON M5G 2E3 INSURED Hatch Associates Consultants, Inc. 1900 Harrison Street, Suite 620 Oakland, CA 94612 COVERAGES CERTIFICATE NUMBER:DE9N7M4X REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE □OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ POLICY I I JECT 1 LOC PRODUCTS - COMP/OP AGG $ OTHER:$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person)$ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident)$ HIRED A( ITOS ONI Y NON-OWNED Al ITOS ONI Y PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER STATUTE OTH ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1-------1 N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) l____l E.L DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability Insurance QPL1780637 06/30/2021 06/30/2022 Per Claim Annual Aggregate $ $ $ $ $ 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be aHached if more space is required) RE: City of Cupertino - CAP Update - Implementation and Organizational Assessment Services. CERTIFICATE HOLDER CANCELLATION City of Cupertino Attn: Andre Duurvoort 10300 Torre Avenue Cupertino, CA 95014-3202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) Page 1 of 1 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /XCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 0210312022 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on CONTACT NAME: PHONE FAX IA/n Nn Full: (A/C. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC ft INSURER A: N/A N/A insurer b : AIG Insurance Company of Canada 085727 INSURER C : INSURER D : INSURER E : INSURER F : PRODUCER Marsh Canada Limited 120 Bremner Blvd., Suite 800 Toronto, ON M5J 0A8 CN102954959-Canad-umbre-21-22 INSURED Hatch Associates Consultants, Inc. 1999 Harrison Street, Suite 620 Oakland, CA 94612 COVERAGES CERTIFICATE NUMBER:HOU-003884787-01 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR wvn POLICY NUMBER POLICY EFF immidd/yyyyi POLICY EXP (MMIDD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE n OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY O O LOC OTHER: GENERALAGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident)____________ BODILY INJURY (Per person) OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident)________ UMBRELLA LIAB EXCESS LIAB PEP OCCUR CLAIMS-MADE 34219291 10/01/2021 10/01/2022 EACH OCCURRENCE 1,000,000 AGGREGATE 1,000,000 RETENTION $ Y/N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE (—T"I OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) ------- If yes, describe under DESCRIPTION OF OPERATIONS below PER OTH- STATUTE ER N/A E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Cupertino - CAP Update - Implementation and Organizational Assessment Services. CERTIFICATE HOLDER CANCELLATION CityofCuperiino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino, CA 95014-3202 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CA Operations WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be of the California workers' compensation pre-mium otherwise due on such remuneration. Schedule Person or Organization ALL PERSONS AND / OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND / OR ORGANIZATION. Job Description CITY OF CUPERTINO ITS OFFICALS, EMPLOYEES AND AGENTS, AND COUNTY, ITS OFFICALS, EMPLOYEES AND AGENT ALL CA OPERATION Climate Action Plan Implementation Assessment Final Audit Report 2022-03-07 Created:2022-02-24 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA54lsOXLU3wYYp6vpW1AUzUip6DU1ZTen "Climate Action Plan Implementation Assessment" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-02-24 - 4:31:40 PM GMT- IP address: 35.229.54.2 Document emailed to Gilian Corral (GileeC@Cupertino.org) for approval 2022-02-24 - 4:39:07 PM GMT Email viewed by Gilian Corral (GileeC@Cupertino.org) 2022-02-24 - 4:39:44 PM GMT- IP address: 104.47.73.126 Document approved by Gilian Corral (GileeC@Cupertino.org) Approval Date: 2022-02-24 - 5:20:11 PM GMT - Time Source: server- IP address: 73.222.18.141 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-02-24 - 5:20:13 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-02-24 - 5:29:50 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Daniel Miles (daniel.miles@hatch.com) for signature 2022-02-24 - 5:29:52 PM GMT Email viewed by Daniel Miles (daniel.miles@hatch.com) 2022-02-25 - 4:51:05 AM GMT- IP address: 12.125.83.222 Document e-signed by Daniel Miles (daniel.miles@hatch.com) Signature Date: 2022-03-01 - 8:54:17 PM GMT - Time Source: server- IP address: 69.46.127.6 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-03-01 - 8:54:20 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-03-01 - 9:49:28 PM GMT- IP address: 104.47.74.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-03-01 - 9:49:51 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Andre Duurvoort (andred@cupertino.org) for signature 2022-03-01 - 9:49:55 PM GMT Email viewed by Andre Duurvoort (andred@cupertino.org) 2022-03-03 - 6:56:40 PM GMT- IP address: 104.47.73.254 Document e-signed by Andre Duurvoort (andred@cupertino.org) Signature Date: 2022-03-07 - 4:45:32 PM GMT - Time Source: server- IP address: 73.202.3.52 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-03-07 - 4:45:34 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-03-07 - 6:50:43 PM GMT- IP address: 172.225.89.145 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-03-07 - 6:50:56 PM GMT - Time Source: server- IP address: 104.28.116.161 Agreement completed. 2022-03-07 - 6:50:56 PM GMT