City of Sacramento
City Council - 5PM Report
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File ID: 2022-01971 11/29/2022 Consent Item 07.
Supplemental Agreement: Consensus Building Institute, Water Forum 2.0 Facilitation Services File ID: 2022-01971
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to increase the not to exceed amount for PRC000965, Facilitation Services, Consensus Building Institute Supplemental by $451,440 for a total contract amount of $985,603 to continue services under the current agreement with the City-County Office of Metropolitan Water Planning (CCOMWP, also known as “The Water Forum”).
Contact: Jessica Law, Executive Director, (916) 808-1993, [email protected], CCOMWP Presenter: None
Attachments:
1-Description/Analysis
2-Agreement Supplement and Scope
Additional Description/Analysis
Issue Detail: This supplemental agreement increases the contract amount for Consensus Building Institute (CBI) by $451,440 to complete Phases 3-4 of the Water Forum 2.0 negotiation process; for a total contract amount of $985,603 which will expire June 30, 2024. It outlines the major tasks and deliverables that will be needed to support the Water Forum members as they renegotiate the longstanding Water Forum Agreement (2000). This supplemental agreement provides a detailed scope of work that is consistent with the original agreement; it covers work to support meeting facilitation throughout the process, including water, business, environmental, and public caucus meetings; joint meetings of the plenary; and most importantly, the Negotiating Steering Committee and topic-specific working group meetings. It also provides for ongoing strategic support for the Water Forum staff and team of technical consultants.
Completion of the Water Forum 2.0 process is identified as the top priority in the Business Plan (2022 -2030); and there is strong support from the Water Forum’s coordinating committee and caucuses to
File ID: 2022-01971 11/29/2022 Consent Item 07.
continue the process with the contractor.
Policy Considerations: City Council approval is required for contracts of $250,000 or more. This action is consistent with Chapter 3.64.020 of the Sacramento City Code and existing policy regarding professional service agreements.
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act (CEQA): The proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378 (b)(2) and (b)(4). The activity consists of continuing administrative activities such as personnel- related actions and organizational or administrative activities of governments that will not result in a direct or indirect physical changes in the environment and is not subject to CEQA.
CEQA Guidelines Section 15060(c)(3).
Sustainability: None.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Completion of the Water Forum 2.0 process is identified as the top priority in the Business Plan (2022-2030); and there is strong support from the Water Forum’s coordinating committee and caucuses to continue the process with the contractor. This contract is necessary for the timely and effective completion of this process.
Financial Considerations: The costs expended under this supplemental agreement will be paid from the Water Forum Successor Effort (WSFE) Fund 7103. Future expenditures will be funded provided sufficient funds are available in subsequent years. This action has no impact on the City’s General Fund.
Local Business Enterprise (LBE): The minimum LBE participation requirement was waived by the Executive Director of CCOMWP.
SUPPLEMENTAL AGREEMENT
(Rev. 3-23-15)
Project Title: Water Forum II Date: 11/15/2022
Purchase Order #: Supplemental Agreement No.: 4
The City of Sacramento ("City") and __Consensus Building Institute, Inc.___, as parties to that certain Professional Services Agreement designated as Agreement Number _ PRC000965_, including any and all prior supplemental agreements modifying the agreement (the agreement and supplemental agreements are hereafter collectively referred to as the "Agreement"), hereby supplement and modify the Agreement as follows:
1. The period of performance under the Agreement is unchanged, ending June 30, 2024.
2. The maximum not-to-exceed cost-share amount of $534,163.00 that is specified in the previous Agreement is increased by $__451,440.00____.
3. Contractor agrees that the not-to-exceed amount specified in Exhibit B of the Agreement shall constitute full compensation for the services provided under the Agreement, as amended by this supplemental agreement.
4. Contractor warrants and represents that th e person or persons executing this supplemental agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental agreement and bind Contractor to the terms thereof.
5. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and the Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by this supplemental agreement.
[SIGNATURES ON FOLLOWING PAGE]
Water Forum 2.0 Process & Schedule
Phase Three
(Sept 22 - July 23)
Framework for
Negotiations
• Structure
• Process
Foundational Work
(April 20 - July 21)
Process Assumptions
Structure
Principles
Caucus Formation
Educational Briefings
Desired Outcomes
Phase One
(May 21 - Dec 21)
Coequal Objectives
Core Interests and
Issues
Key Management
Questions
Study Plan and
Analysis
Phase Two
(Jan 22 - Sept 22)
Learning and
Engagement
Emerging Areas of
Agreement
Emerging Areas of
Divergence
Gap Analysis
Ad Hoc Tech Team
JAN
2021
JULY
2021
JAN
2022
JULY
2022
JAN
2023
JULY
2023
JULY
2020
JAN
2020
JAN
2024
JULY
2024
Implementing
Agreements
Phase Four +
(July 23 – July 24)
Funding Agreements
Metrics of Success
Endorsed Solutions
Working Groups
Elements of
Agreement
Draft Agreement
Assurances and
Caveats
Outreach & Engagement
with WF signatory boards and councils
1 Water Forum 2.0: Phases 3 -4
Proposed Scope of Work and Associated Budget
Provider: Consensus Building Institute
November 2022 – June 2024
Scope of Work:
This scope of work is intended to support Water Forum 2.0 Phases 3-4. It outlines the major tasks and deliverables that will be needed to support the Water Forum members as they renegotiate the longstanding Water Forum Agreement (2000). This effort covers work to support meeting facilitation throughout the process, including at water, business, environmental, and public caucus meetings; joint meetings of the plenary; and most importantly, in negotiations at the Negotiating Steering Committee and topic-specific working group meetings. It also provides for ongoing strategic support for the Water Forum staff and team of technical consultants. This work is to be staffed by primarily by CBI Senior Mediators Tania Carlone with support from CBI Senior Mediator Bennett Brooks and other CBI associates.
Specific tasks and deliverables associated with this work are outlined below. All tasks are assumed to cover work under Phase 3 -4 during the period of November 2022 to June 2024.
However, note that Task 3 and Task 6 do not cover the full period of performance due to schedule and scope uncertainty; they are limited to November 2022 – November 2023. Please see the Budget for additional detail.
Task 1: Project Planning and Strategic Coordination
CBI will work closely with Water Forum staff on process design, strategy and meeting planning to facilitate a successfully negotiate the agreement; this task includes weekly calls (not to exceed 80 calls) and 7 in-person strategy sessions with Water Forum staff and technical consultants.
Deliverables: brief emails summarizing key decisions and next steps for each strategic planning session; agendas for strategy sessions
Task 2: Negotiating Steering Committee Meetings
CBI will work closely with Water Forum staff to prepare for, facilitate and produce discussion summaries for up to 17 meetings (2 hours per meeting) of the Negotiating Steering Committee (NSC). Preparation includes calls to NSC members to better understand issues under discussion, preparing and/or reviewing draft and final agendas and related meeting materials, and developing successful meeting approaches. CBI staff will actively facilitate NSC discussions with an eye towards building consensus on issues under discussion and identifying additional information needs and next steps . CBI will prepare written discussion summaries (for review and confirmation by participants) summarizing key discussion points, decisions and next steps.
2 Deliverables: Agendas; written discussion summaries highlighting key decisions and next steps for each NSC meeting
Task 3: Topic-Specific Work Group Meetings
*Note: This only covers work during the November 2022 – November 2023 timeframe; scope will likely need to be added based on budget, schedule, and work effort.
CBI and Water Forum have identified up to four topic-specific working groups for Phase 3:
• Flows and Operation: flow management standard, temperature infrastructure • River Corridor Health: wildlife, aesthetic, and recreational resources; fisheries management; functional flows; habitat enhancement; stewardship • Water Supply Sustainability: groundwater/surface water conjunctive use; climate resiliency; demand management
• Governance, Funding, and Administration: principles of the WF’s work, advocacy, communications, learning and engagement, funding and governance and implementation agreements.
During Phase 3 the Coordinating Committee will serve as an interim working group for “Governance, Funding, and Administration.” CBI is not anticipated to take an active role in facilitating the Coordinating Committee; however, depending on content, this working group will likely be formalized in Spring 2023, at which point it would be facilitated.
CBI’s scope for these WG meetings includes identifying WG composition and charges through the NSC, as well as preparing for, facilitating and producing discussion summaries. Preparation includes calls to WG members to better understand issues under discussion, preparing and/or reviewing draft and final agendas and related meeting materials, and developing meeting approaches. CBI staff will actively facilitate WG discussion with an eye towards building consensus on issues under discussion and identifying additional information needs and next steps.
These meetings are expected to last up to 3 hours each; for a total of 40 meetings. Depending on topic and approach, each working group is scheduled to meet 8 times. However, some working groups may need to meet more than others based on the topics. CBI will prepare written discussion summaries (for review and confirmation by participants) summarizing key discussion points, decisions and next steps.
Deliverables: Working group charges (scope, work plan, discussion content); agendas; written discussion summaries highlighting key decisions and next steps for each WG meeting Task 4: Caucus Meetings
Each of the four caucuses in the Water Forum – water, environmental, business, and public – meet monthly to consider the issues under discussion. This is particularly important since only a subset of stakeholders in both groups are expected to be actively involved in negotiations at the NSC or WG level. To support these caucus-specific topics, CBI will attend up to 17, 2-hour environmental caucus meetings; and 17, 1.5-hour business, public, and water caucus meetings.
These meetings are expected to be virtual only. CBI staff will prepare for, facilitate, and 3 produce summaries for caucus discussions, with a focus on topics related to Water Forum 2.0 negotiations.
Deliverables: Agenda topics; written discussion summaries highlighting key decisions and next steps for relevant portions of the caucus meetings
Task 5: Water Forum Plenary and Learning & Engagement Meetings CBI will participate in the regularly scheduled Water Forum plenary meetings to brief the larger group on the WF 2.0 negotiations and gauge the level of agreement among parties on issues under discussion. CBI is expected to attend 8 plenary sessions and 2 learning and engagement sessions in Phases 3-4. CBI will work closely with Water Forum staff to prepare for these sessions.
Deliverables: Contribution to and review of agenda topics and presentations; written discussion summaries highlighting key decisions and next steps for WF 2.0 process Task 6: Agreement Drafting
*Note: This only covers work during the November 2022 – November 2023 timeframe; scope will likely need to be added based on budget, schedule, and work effort.
CBI anticipates preparing draft elements of the Water Forum 2.0 Agreement as the negotiation progresses and the group reaches consensus on various aspects under discussion. This drafting will be done in close coordination with Water Forum staff and will be vetted on an ongoing basis with the NSC and Water Forum Plenary.
Deliverables: Produce a working draft of WF 2.0 agreement package following completion of Phase 3; for review, presentation, review and discussion at caucuses, NSC and Plenary.
Budget
The total estimated budget for Phases 3-4 (November 2022 through June 2024) is $451,440 including professional services, direct expenses and travel. A detailed budget breakdown is provided as a separate attachment.
Schedule
The schedule for Phase 3-4 of the Water Forum 2.0 process goes under regular review and confirmation by the plenary. A current schedule is provided as a separate attachment.