10-051 Global Green, USA CITY OF AGREEMENT
rThr) CITY OF CUPERTINO
10300 Tor C ra A Avenue 9501
Cupertino 4 `/) 3
CUPERTIN 408- 777 -3200 NO. G'
BY THIS AGREEMENT, made and entered into this 17'th day of May, 2010, by and betwe the C ITY OF
CUPERTINO (Hereinafter referred to as CITY) and Global Green, USA
Address 2218 Main Street City Santa Monica Zip 90405 Phone 310.581.2700
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials: See EXHIBIT 1
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT 1 - Proposal for
Green Building Ordinance Development, City of Cupertino, Community Development Department, submitted
by April 22, 2010, revised 05.10.10.
TERMS: The services and /or materials furnished under this Agreement shall commence on May 20, 2010 and shall
be completed before October 31, 2010. In addition, the following terms apply:
1. Walker Wells will be the project manager for this project.
2. No changes will occur in the project team without the consent of the City.
3. The estimated cost for each additional meeting Global Green is asked to attend, beyond
what is detailed in the attached Exhibit 1, will be $1,400
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $17,715.00
GENERAL TERMS AND CONDITIONS:
Hold Harmless Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing
services described herein.
Insurance Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non - Discrimination No discrimination shall be made in the employment of persons under this Agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be
deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City.
Changes This Agreement shall not be assigned or transferred without the written consent of the 'ty. No changes or
variations of any kind are authorized without the written consent of the City. � E F !ED
CONTRACT CO- ORDINATOR and representative for CITY shall be:
NAME Aki Honda Snelling, Senior Planner DEPARTMENT Community Development
This Agreement shall become effective upon its execution t CITY, in witness thereof; the parties have executed this
Agreement the da a'r. year first written above.
CONTRA OR: J CITY OF CUPERTINO: ,�
By _ ���/� /. / By Gary Chao . et/1"i""
Title _ Title City Planner
APPROVALS EXPENDITURE 9 -
DEPARTMENT ` • D j� .i DATE _ • • ► ► d= I • ►
'- FY 2009 -20 110- 7302 -82 • $17,715.00
Atrrti Shnvast vui, rr7rr7 rra v Deve overlent erector May 19,2010 _
CITY C DATE L�'�
`$ $ ' -r �,. , `Y -Yl
to , ' 9 ## 'F v `}y,x b'§
� 4 EXHIBIT 1
t
proposal for
ra � , ,,.
Green Building Ordinance Developmen Ski
, .,,,,,„,,, sk;2 '�fi
,,_,
City of Cupertino
f ,., _
Community Development Departmen , ,, ,,,, ,
, , ,,,,,-
,.
revised 05.10.10
•
N . b gym;
{; 'z
9
2
Y
} � & � submitted b
&% Y by
/
Vari
y
o f
4.
}
4 §^
GLOBAL
GREEN
usA®
a pril 22, 2010
i \
4 )
April 22, 2010 GLOBAL
GREEN
U S A
Dear Aki Honda Snelling,
In Partnership with
Global Green is pleased to submit the attached proposal to assist the City of Cupertino on the Green Cross International
development of the City's first green building ordinance. Mikhail S. Gorbachev
Founder
Our organization has extensive experience working with municipal governments on the creation
of such ordinances. Over the past ten years we have worked with cities in both northern and GLOBAL GREEN USA
southern California, including San Francisco, Los Angeles, Pasadena, and Mountain View. We BOARD OF DIRECTORS
also authored the City of \Vest Hollywood Green Building Program, which won a statewide Board Chairperson
American Planning Association award in 2008. Scott Seydel
In 2006 and 2007 Global Green provided assistance to the City of Cupertino on the broader Immediate Past Chair
issue of sustainability. At that time our recommendation, which was supported by both the Diane Meyer Simon
Planning Commission and the City Council, was for the City to pursue green building as first President Emerita & Founder
step toward a larger sustainability initiative. It is rewarding to see that City is making significant Treasurer
process in shaping and implementing a green building effort. Robert S. Bucklin
\Ve see the opportunity to work with Cupertino's Community Development Department as a President & CEO
natural progression for our organization, both as a result of our c ollaboration with the City in Matt Petersen
2007 on initial sustainability analysis, but also as a result of our ongoing work with the City of Leila Conners
Mountain View. Sebastian Copeland
Leonardo DiCaprio
Global Green's approach to green building ordinance and program development combines Christy Ferer
deep technical expertise in green building and sustainable development with an emphasis Honorable Lee Hamilton
on stakeholder outreach. \Ve feel strongly that each City is unique and that green building Jordan Harris
Thomas Mayne
requirements need to be tailored to the specific development trends, administrative structure, and Pat Mitchell
environmental goals of the city that we are working with. Jerry Moss
Edward Norton
This is the approach described in the attached proposal and we are confident that we will be Stephen Schneider, Ph.D
Zem Joaquin
able to provide the assistance that is needed to result in a success :ill outcome for the City of Jeremy Wiesen
Cupertino within your aggressive time frame.
\Ve look forward to hearing from you and please do not hesitate to contact us if you have any COUNCIL OF ADVISORS
questions or would like any clarifications. Homero Aridjis
Jason Berman, Ph.D.
Jayni Chase
John Paul deJoria
Sincerely, John Emerson
Ambassador Wyche Fowler
Nathan G
w
Dr. Jane Goodall, DBE
Honorable Gary Hart
David Hoffman
Gale Anne Hurd
Walker Wells Bruce Katz
Director, Green Urbanism Program Honorable Robert Kerrey
Norman Lear
Chief Oren Lyons
Rev. James Parks Morton
Honorable Christopher Shays
Marianne Williamson
HEADQUARTERS 2218 Main Street, 2nd Floor 1 Santa Monica, CA 90405 I Phone 310.581.2700 1 Fax 310.581.2702
WASHINGTON, DC 1100 15th Street, NW, 11th Floor I Washirgton, DC 20005 1 Phone 202.222.0700 1 Fax 202.222.0703
NEW ORLEANS 841 Carondelet Street I New Orleans, LA 70130 I Phone 504.525.2121 1 Fax 504.525.2122
NEW YORK 25 West 52nd Street, 16th Floor New York, NY 10019 1 Phone:347.271.0243 Fax: 310.581.2702
www.globalgreen.org ggusa @globalgreen.org
C. Proposed Budget
Staff Time Staff Billing Rates
Task 1 $7,950 Walker Wells $165/hr
Task 2 $2,700 Green Urbanism Program Director
Task 3 $4,225
Task 4 $1,850 Troy Simpson $75 /hr
Green Urbanism Program Associate
Travel*
Airfare $850 Hagu Solomon $95 /hr
Rental Car /CalTrain $140 Green Urbanism Program Associate
Total $17,715
*Note on travel: We are assuming that a minimum of visit to the City will be required. Two for the
focus groups, one each of Planning Commission and Cily Council, and one to meet with staff. As
Global Green is currently working with a number of other Bay Area agencies and organizations (UC
San Francisco, City of Mountain View, City of Richmond, San Francisco Unified School District,
Mercy Housing California) we expect to be able to combine several of the Cupertino trips with trips for
other projects. Therefore, we are including the cost for only three of the five trips in the above budget
.D. Proposed Project Schedule
ay Jun Jul Aug Sep
Task 1 Focus Group Meetings 1
Task 2 1.,. Summarize Phase II F•edback
Task 3 I Ordinan e Technical Assistance
Task 4 I 1 I Public Hearings
Focus Group Meeting
Public Hearing
4)
City of Cupertino Green Building Ordinance Proposal - 5 2,1,V1
A. Overview & Proposed Approach
Global Green has extensive experience with an nitial analysis of the California Green
the establishment and implementation of green Building Code and Santa Clara County Cities
building programs and polices. Our work with Association Phase I and Phase II green building
local governments and other public entities policy recommendations, and guiding City
often includes: demonstrating the benefits of staff on how structure the private development
green building; outlining options for establishing requirements and incentives taking into account
green building programs that protect local the City's General Plan update process.
quality of life and the environment; assisting
and preparing ordinances and public hearing Over the past nine years, Global Green has been
presentations; facilitating public outreach; involved with several additional Bay Area cities
encouraging the development of incentives; and counties. Our organization's involvement
and, providing training for staff and constituents. includes conducting the first workshop with
San Mateo County officials on the topic of
In 2006, Global Green assisted the City of establishing local government green building
Cupertino in creating an inventory of codes, standards; assisting the City of San Francisco's
policies, and programs related to green building Department of the Environment with the
and sustainability. The analysis consisted of a creation of their initial green building criteria
review of the Cupertino General Plan, municipal and structure; and, co- authoring the original
code, and city programs. The General Plan Alameda County New Home Construction Green
review included an analysis of each of the Building Guidelines (which have since evolved
City's 60 sustainability goals in terms of their into the current GreenPoint Rated program).
relationship to the environment, economy, and
equity. At the conclusion of the process, policy Our team is also currently working with the
makers were equipped with the knowledge City of Richmond to guide the Miraflores
and resources necessary to make informed dev€ Iopment plan, a 14 -acre housing
decisions on policy development related development consisting of more than
to sustainability goals for the City. We look 330 residential units, through the LEED
forward to the opportunity to continue our for Neighborhood Development (LEED-
collaboration with the City of Cupertino through ND) pilot program. The project is targeting
the development of a green building ordinance. certification at the Gold level, with the
objectives of developing a mix of affordable
Global Green is currently working with the City and market -rate housing that integrates
of Mountain View on the development of that the principles of smart growth, new
City's green building ordinance. To date, our urbanism, and green building into the plan.
work with the City has included completing a
development trends analysis, coordinating Global Green staff served on the national
a stakeholder outreach process, conducting committees that developed the LEED for Homes
II
�? .4
111111••a UUUUUU
i 'PI 11Ik .•�L . •[ • as
4)
City of Cupertino Green Building Ordinance Proposal - 1 g En
CITY OF MALIBU: LEED for Homes Comparison
DEVELOPING
GREEN BUILDING LEED Hon es Code
PROGRAMS Compatibility
i' eft CREDIT
STATE comm. I LCCALIIC[E/
j 3p•y _ t 1: kfaprrad PmbG Pbn3 1 1 PrNnrray iLrtrg Pre- epp3oat on
ako Da usetl tw
i te PrelYmir3a ry
revleW
.j `� N 1.2 Inle3,000 Props! Team
1.3 Profess.. Credentalac war Respect to LEED for rlorne,
•
v b 1e Desgr. Chartetle
f e 1.5 Buildey 0, 303an fw Sohn Desgn SMA has this
provisi ver 11111
Publk W on orks
d
2 OurtXt 2.1 U3rebifi1 P-nv LA County R. LIP 3.102A Standard
P 1ocea0 '0qukes 200 says mri mize p3001 to
" t; . YY "` -'r" W nt fuel moa zone: brush clearerca, squire IA Co
a_• �'. i' q .{y' d no trees Within conflcts Wdh Fve ravi.WO1
i , . - . o. • , , m *c�. one A 200 303.1 mod p,*ots 533
S`„ ,p _ ,g-- g d # ref Y,�3 3 2.B Srys tlNOn of
k+{r µ k fe Y' 6 ''7 y fre res 3301 �moval to
tT .' • . ' 4z • ';{ . alleme0310. nd Co Frep*0,10
A * ;d
... y firexalls. fuel mad plan,
t ' Floodplan: me
g amunds.
; gip. .
t- t i4 u""' ' ' �" 104B build
� '�. .-fs�a5 t2 x `a� .e3 5 * r =�; "' above FEMA
(left to right) Global Green's local government guide, and an analysis of local new construction standards compared
to the LEED for Homes Rating System prepared for the City of Malibu.
(LEED -H) and LEED -ND rating systems. Green In 2005, Global Green was awarded the USGBC's
Urbanism Program Director Walker Wells also Leadership Award for Advocacy in recognition of
serves on the California State Green Building our work advancing policy initiatives that support
Advisory Committee, which is charged with green building. And in 2008, the American
shaping the state -wide green building standards Planning Association's California Chapter awarded
for the 2014 California building code update. the City of West Hollywood an "Outstanding
Innovation in Green Community Planning"
Global Green published "Developing Green award for that City's green building program, for
Building Programs, A Step -by -Step Guide for which Global Green was the technical advisor
Local Governments," which provides information and public outreach coordinator to the City.
on the benefits, costs, and trends in green building,
and outlines a six -step process for developing
local green building standards. The publication
is a roadmap designed to help cities develop
tailored, city- specific programs and ordinances '� 1,1'1
with input and buy -in from local stakeholders. N .
Using the approach outlined in the guide, Global
Green has provided technical assistance to a .pull °',yc
dozen municipalities, ranging in size from 35,000 �'
to more than 3.8 million residents in the case of tri
the City of Los Angeles, whose green building SG$�
program was adopted unanimously in April 2008.
4)
GLOBAL
GREEN 2 - City of Cupertino Green Building Ordinance Proposal
use
B. Detailed Work Plan
Task 1: Prepare for and Conduct process. We will prepare a presentation that
Focus Group Meetings provides a brief overview of green building
strategies and rating systems, examples of
Global Green will prepare for and conduct two completed projects in the Cupertino area, and
focus group meetings to gain input from building examples of how other similarly sized cities have
industry, environmental, design, and other shaped their ordinances. The presentation will
relevant stakeholders on the green building inch., de examples from our current work with the
ordinance. The purpose of the stakeholder City of Mountain View, an overview of the SCCCA
focus group meetings will be twofold: 1) to Phase II Recommendations, and CALGreen.
gain an overall direction and priorities of the
ordinance, and 2) to gain specific input on the The second stakeholder meeting will be more
Santa Clara County Cities Association Phase II focused on the specific reference standards
Green Building Recommendations and the 2010 or codes that could serve as the basis for the
California Green Building Code (CALGreen). City ordinance. Based on the feedback from
the first focus group, Global Green will prepare
Our experience is that the natural emphasis of 3 -4 options for the ordinance. A discussion of
the initial meeting is to establish a comfortable these options will be the focus of the second
dynamic among the group members and to stakeholder focus groups meeting(s). The goal at
share past experiences with green. By the the conclusion of the second meeting(s) is to have
second meeting, the participants are typically direction from the group(s) on what approach is
able to shift focus to commenting on a preferred in terms of: the reference standard;
proposed approach, such as the SCCCA Phase wha: aspects should be mandatory vs. voluntary;
II recommendations and engaging in to shaping incentives (if determined to be feasible); and,
the future ordinance. Based on our experience the means of implementation. Global Green
working with other cities on similar efforts, will document and summarize the meeting
specifically the facilitation of stakeholder groups, discussions and outcomes in a memo format.
we recommend that the proposed residential
and commercial focus groups be combined. Deliverables: PowerPoint presentations;
Many of the key issues including incentives, facilitation of up to four (4) stakeholder focus
administration, enforcement, and reference group meetings; meeting notes
standards (LEED, GreenPoint Rated, CALGreen)
will be shared by these groups. However, if the
City decides to form two separate groups, we
would propose to have them meet back -to -back Task 2: Summarize Stakeholder Feedback
on the same day. This will assist in keeping
the project on schedule and allow City staff Global Green will prepare a memo that
to maintain consistency in the outreach effort. describes the pros, cons, and options related
to the Phase II recommendations, in the context
To prepare for the first stakeholder meeting, of the feedback and suggestions received
Global Green will review the City of Cupertino through the focus group stakeholder meetings
General Plan, Zoning Ordinance, and existing and our research into current City green
green building procedures, and discuss with building policies, requirements, and programs.
staff the key aspects of the development review
4 )
City of Cupertino Green Building Ordinance Proposal - 3 GE"
The purpose of the memo is to provide via email and conference calls. If necessary,
guidance to City staff on what aspects of Global Green will attend one in- person meeting
the recommendations could be adopted with staff. As part of the technical assistance
unchanged, what aspects may require some Global Green will, if requested, review and
revision, and highlight if there are aspects that contribute to the staff reports to the Planning
do relate to the City of Cupertino. The memo will Commission and City Council. Global Green will
also identify whether there are issues unique to also provide guidance on the costs and benefits
Cupertino that are not addressed by the Phase of different green building standards, provide
11 recommendations, specifically how CALGreen examples from other municipalities, and how
standards will impact local code. Accompanying the Ordinance can contribute the City's broader
the memo will be a redline /strikethrough climate action initiatives in relation to AB 32.
version of the Phase II recommendations.
Deliverables:
Deliverables: Stakeholder feedback memo; Conference calls with City staff (2 -3)
redline /strikethrough version of the Phase 11 Participation in up to two (2) in- person meetings;
recommendations Draft and Final Ordinance language
Staff report review and comment
Task 3: Provide Technical Assistance
on Ordinance Development Task 4: Provide Technical Assistance
and Staff Support at Public Hearings
Following the completion of Tasks 1 and 2,
Global Green will provide technical assistance Global Green will attend, to serve as a
to City staff to prepare a Draft and Final version technical resource to City staff, one Planning
of the Green Building Ordinance. Global Green Commission and one City Council meeting.
will prepare the initial drafts of the ordinance Global Green will be prepared to present
and expects to collaborate closely with City in conjunction with City staff if requested.
staff on revisions and refinements. The
majority of the technical assistance will occur Deliverables: Attendance at Planning
Commission and City Council meetings
st •. r• •f 7. ^4 • A
building a _ }
green
•
los angeles
Z.4.wAr 4,
0000441Ati
4..
u ue ar
. A 1 ' I
The logo and an informational document created to
support the City of Los Angeles Green Building Program
4)
GLOBAL
GREE1 4 - City of Cupertino Green Building Ordinance Proposal
E. Project Team
Global Green USA is a national 501(c)(3) non- Hagu Solomon
profit organization founded by President Program Associate
Mikhail S. Gorbachev. Headquartered in Santa Hagu's responsibilities include providing
Monica, California, Global Green works in technical assistance to city officials and
cooperation with government, industry and affordable housing developers committed to
individuals to facilitate practical changes building sustainable homes and neighborhoods.
that achieve goals in resource efficiency and Key projects include LEED for Neighborhood
sustainability. The organization has been Development projects in the Bay Area, Los
working on green building issues since 1996. Angeles, and New Orleans, as well as several
LEED for Homes projects throughout California.
She is also involved in many of Global Green's
Walker Wells, AICP LEED AP educational efforts, which include facilitating
Program Director sustainability symposiums and participating in
Walker Wells works with affordable housi ig conferences on issues related to green urbanism.
developers, municipalities, and school districts
across the country to further green building and Troy Simpson, LEED AP, CGBP
sustainable development practices by providing Program Associate
technical assistance, conducting charrettes A native of the San Francisco Bay Area, Troy
and workshops, and developing public policy. Simpson joined Global Green USA after
Mr. Wells is an editor and a co- author of the graduating from Santa Clara University with
2007 book, "Blueprint for Greening Affordable a degree in political science and psychology.
Housing," and the 2006 publication, "Creating Some of Mr. Simpson's recent projects include
Successful Green Building Programs." supporting Global Green's local government
green building initiative through drafting the
Prior to joining Global Green Mr. Wells was a private development green building standards
Senior Urban Designer with Gruen Associates in for the cities of Malibu and Long Beach, CA.
Los Angeles, an Associate Planner with the City of
Santa Monica, and an Urban Planner for the City As a LEED for Homes Green Rater, Troy is
of Malmo, Sweden. Mr. Wells holds Bachelor's currently providing technical assistance to six
degrees in Sociology and Environmental Studies affordable housing projects (consisting of more
from the University of California, Santa Barbara than 250 units) participating in the LEED for
and a Master's of City and Regional Planning Homes program. Troy also meets graphic design
from the California Polytechnic University San and layout needs of the Green Urbanism Program
Luis Obispo. He also studied at Lund University throughcreatingmanyofitsin- houseillustrations,
and the Lund PolyTechnic Institute School of documents, and public presentations.
Architecture in Swden. Mr. Wells is an advisor to
the AIA National Housing Committee, a member
of the US Green Building Council's LEED for
Homes Committee (representing the affordable
housing sector), and a lecturer on Green Urbanism
at the University of California, Los Angeles.
4 )
GLOBAL
GRUEL 6 - City of Cupertino Green Building Ordinance Proposal
F. References
Project: City of West Hollywood Project: City of Malibu Green
Green Building Program Building Program
Francie Stefan Vic Peterson
Community and Strategic Planning Manager Director
Community Development Department Community Development Department
City of Santa Monica City of Malibu
310.458.8341 310.456.2489
francie.stefan @smgov.net vpeterson @ci.malibu.ca.us
(Ms. Stefan was Senior Planner at the
City of West Hollywood at the time
that Global Green developed West
Hollywood's green building program)
Project: City of Mountain View
Green Building Program
Martin Alkire
Principal Planner
City of Mountain View
650.903.6306
martin.alkire @mountainview.gov
G. Attachments
1. City of Long Beach Green Building
Program Municipal Code Language
2. City of Mountain View CALGreen analysis
4)
City of Cupertino Green Building Ordinance Proposal - 7 gR