07-027, Global Green USA
AGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
No.{}OlJ~S-1 ~
BY THIS AGREEMENT, made and entered into thisLday of March, 2007. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Global Green USA (2)
Address: 2218 Main Street. 2nd Floor 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:
Sustainability Program Development.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A: Scope of Work
TERMS: The services and/or materials furnished under this Agreement shall commence on March 1. 2007
and shall be completed before September 1. 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump sum amount of $18,295.00.
GENERAL TERMS AND CONDITIONS ~ ENTE'AED
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agen-ts U employee~ trom any
and all damage and liability due to its negligence, errors and omissions, including all costs of defending any claim to
the extent, caused by or arising out of the performance of this Agreement. City shall not be liable for negligent 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 City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Piu Ghosh
DEPARTMENT Planninq Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CITY OF CUPERTINO:
By: Piu Ghosh
Title: Assistant Planner
EXPENDITURE DISTRIBUTION
EXHIBIT A
CITY OF CUPERTINO
Sustain ability Program Development
-tj)
March 1, 2007
GLOBAL
GREEN
USA
SUSTAINABILITY PROGRAM - PHASE I
The purpose of the Phase I effort is to prepare a summary analysis of the currently existing efforts
in the City of Cupertino related to green building and sustainable development. The work
completed in this phase will support efforts expected to be conducted in a future phase that are
likely to focus on the development of either a green building program or a more comprehensive
sustainable city program.
SCOPE OF WORK
Task 1: Plannine Commission Presentation
Global Green will prepare and conduct a presentation to the Planning Commission in a study
session context. The goal of the presentation is to increase awareness of both 1) how
sustainability can be supported by government planning efforts, 2) what other cities are currently
doing, 3) what is currently underway in Cupertino, and 4) options for both increasing the
effectiveness of current efforts and adopting additional policies or creating new programs to fill
gaps or increase synergy. The presentation will be approximately 20 minutes, followed by an
open discussion and question and answer session.
Deliverable: Presentation to Planning Commission
Task 2: Review and Analvsis of Existine Citv and Reeional Policies and Proerams
Global Green USA will review the environmental, sustainability, and green building related
components of existing city plans, ordinances, regulations and programs. Relevant documents,
such as the General Plan, Specific Plans, ordinances, and program descriptions will be provided
by City staff. The review will be based on the criteria of the US Green Building Council's LEED
rating program for New Construction. Some specific topics to be addressed in the review are:
Zoning ordinance provisions for compact and transit-oriented land use
Zoning and Building codes that support energy conservation and efficiency
Programs to promote water conservation and efficiency in landscape and in buildings
Requirements for the City's stormwater management program
Status of current recycling programs, particularly construction and demolition waste
City of County incentives for the use of recycled-content materials
Existence of toxics use reduction or environmentally preferable purchasing programs
City support for global initiatives such as the Montreal Protocol (ozone protection)
Compliance with Regional agencies policies and programs, such as BAAQMA.
Kyoto Protocol, Sustainability (Local Agenda 21), or ban on tropical hardwoods
A matrix will be prepared that compares the City efforts to the LEED-NC criteria.
Global Green USA - Draft Scope of Work
1
Deliverable: Presentation to Planning Commission
Matrix comparing current city policies and programs to LEED
Task 3: Interviews with City Staff
GG USA will contact key City staff member in the Planning, Building and Safety, Public Works,
and other departments or divisions that are involved in permitting or managing either private
sector or City development projects. These interviews will be used to determine that degree to
which the existing policies are being implemented and identify opportunities to improve
implementation or increase synergy with other programs. These interviews will be conducted
over a one or two day period at City Hall or other City offices. City staff will be responsible for
coordinating the meetings and assisting Global Green in documenting the discussion.
Deliverable: Summary of Interview notes
Task 4: Prepare Draft Report
GG USA will prepare a report that summarizes current City green and sustainability efforts. The
report will be structured around the five main categories (site, water, energy and atmosphere,
materials, indoor air quality) and specific criteria of the LEED rating system. The analysis will
identify the following:
I} Existing efforts are generally compatible with or meet the intent of the LEED criteria
2} Existing efforts meet the LEED criteria
3) Existing efforts exceed the LEED criteria
4) LEED criteria are not addressed by current City efforts
5) Opportunities to augment existing policies or programs to create greater consistency with
LEED criteria, to fill gaps, or create greater synergy among existing programs.
The report will identify both strengths and gaps in the City of Cupertino's existing policies and
programs. Specific action items - such a code modifications, new polices, or new programs - will
be recommended for consideration as a way to meet these gaps. The report will be submitted to
City for review and comment.
Deliverable: Presentation to Planning Commission of Draft Report
Draft Report (estimated length 15-25 pages)
Task 5: City Council Presentation
Global Green shall present the findings of the report to the City Council. It is envisioned that the
presentation content and format will be largely the same as for the Planning Commission.
Deliverable: Presentation to City Council
Task 6: Final Report
Based on feedback from staff and Planning Commission, Global Green will revise the Draft
Report and submit a final version to the City. City staff and Global Green will identify priorities
that need to be addressed in the following Phase of the project in the Final Report.
Deliverable: Final Report
Global Green USA - Draft Scope of Work
2
TENTATIVE SCHEDULE
Task 1:
Tasks 2 & 3:
Task 4:
Task 5:
Task 6:
March 27: Planning Commission Presentation - Kick-off
March: Review Documents and Conduct Interviews
March - May: Prepare Draft Report and Presentation to Planning Comm.
June: City Council Presentation
July: Final Report & Determine Priorities for Phase II
Phase II:
August: Begin Implementation of Priorities
PROPOSED BUDGET
Task 1: PC Presentation
Task 2: Document Review
Task 3: Staff Interviews
Task 4: Draft Report and Presentation to Plan.Comm.
Task 5: City Council Presentation
Task 6: Final Report
Expenses (Airfare, rental car, food, misc office):
$1,600
$2,800
$1,900
$6,850
$1,300
$2,250
$1,595
Total:
$18,295
Global Green USA - Draft Scope of Work
3