The URL can be used to link to this page

Home My WebLink AboutCC Resolution 9584 (North SR Vision Process Design)RESOLUTION NO.9 5 8 4 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE ACTING CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH MIG, INC. IN THE AMOUNT OF $7,840 TO PROVIDE CONSULTING SERVICES (THREE MONTH AGREEMENT) FOR THE NORTH SAN RAFAEL VISION PROCESS DESIGN WHEREAS, at a January, 1996, strategic planning session, the City Council agreed the City would embark on a North San Rafael Vision•, and WHEREAS, by June, 1996, the Planning Department is to develop a work program for preparing the Vision; and WHEREAS, consultant assistance is needed to provide process design and meeting facilitation services for the North San Rafael Vision; and WHEREAS, the firm of MIG, Inc. has the experience and expertise to perform such services, and have ably assisted the City of San Rafael during the General Plan, East San Rafael Neighborhood Plan and most recently, the Montecito/Happy Valley Neighborhood Plan, and WHEREAS, their assistance with the Montecito/Happy Valley Neighborhood Plan was a key element in the success of that Plan. NOW, THEREFORE BE IT RESOLVED that the City Council authorizes the Acting City Manager to sign a Professional Services Agreement with MIG, Inc. to work with a representative Startup Group and City Planning staff to design the process for the North San Rafael Vision as further described in Attachment A to the agreement. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15`h of April, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS:Coh.en, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None Jea e M. Leoncini, ity Clerk U-' R I G I N-, PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 15'' day of April, 1996, between the City of San Rafael (hereinafter referred to as CITY) and MIG, Inc. (hereinafter called CONSULTANT) A. RECITALS WHEREAS, at a January, 1996, strategic planning session, the City Council agreed the City would embark on a North San Rafael Vision; and WHEREAS, by June, 1996, the Planning Department is to develop a work program for preparing the Vision; and WHEREAS, consultant assistance is needed to provide process design and meeting facilitation services for the North San Rafael Vision; and WHEREAS, the firm of MIG, Inc., has the experience and expertise to perform such services, and has ably assisted the City of San Rafael during the General Plan, East San Rafael Neighborhood Plan and most recently, the Montecito/Happy Valley Neighborhood Plan, and NOW, THEREFORE it is agreed by and between the CITY and CONSULTANT as follows: B. PROJECT COORDINATION. 1. CITY. The Planning Director shall be the representative of the CITY for all purposes under this Agreement. The Principal Planner is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 2. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Carolyn Verheyven is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written approval of the PROJECT MANAGER. C. DUTIES OF CONSULTANT 1. CONSULTANT shall undertake and complete the services described in EXHIBIT A attached hereto. 2. Commencement of Services: CONSULTANT agrees to commence work immediately after the date of signing this contract. 3. Completion of Services: Completion of the tasks described in Exhibit A, by July 15, 1996. D. DUTIES OF CITY: 1. Preparation of meeting summaries, mailings, assistance with small group facilitation and other tasks as needed to complete the process design. 2. Provide such information as is generally available from City files applicable to the project. 3. Provide assistance, if necessary, in obtaining information from other governmental agencies or private parties. F E. COMPENSATION. In consideration of CONSULTANT'S Agreement to perform well and sufficiently and in a skillful and professional manner the services contemplated herein, CITY agrees to pay CONSULTANT an amount not to exceed $7,840. Payment will be made monthly upon receipt by PROJECT MANAGER (or other CITY official) of itemized invoices submitted by CONSULTANT. F. TERM OF AGREEMENT. The term of this Agreement shall be for 3 months commencing on the date of the signing of this Agreement. G. TERMINATION: 1. The CITY reserves the right to terminate this Agreement at any time by providing written notification to the CONSULTANT. Should said notification be received by CONSULTANT, all work under this Agreement shall terminate, except for what minor work is required to provide the City with a clear understanding of work completed and work remaining. 2. CITY shall pay CONSULTANT all sums then due and unpaid under this Agreement, including sums for work not completed, but in preparation. Payment by CITY of such compensation shall be considered full and final settlement for all work performed by the CONSULTANT under this Agreement. 3. Upon receipt of final payment, all materials and documents that directly relate to the context of the project, whether finished or not, shall become the property of and shall be delivered to the CITY. 4. It is mutually understood and agreed that this Agreement shall be binding upon the CITY and CONSULTANT, their successors, executors, or administrators. Neither this Agreement nor any part thereof, nor any monies due or to become due under this Agreement may be assigned by the CONSULTANT without the written consent of the City. H. OWNERSHIP OF DOCUMENTS. All documents, originals, and correspondence developed by the CONSULTANT that directly relate to the project shall become the property of the CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. I. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. J. INSURANCE 1. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, insurance as described below: a. General Liabilitv Insurance: Comprehensive General Liability insurance in an amount no less than $1,000,000 per occurrence for death, bodily injury, personal injury, or property damage; b. Automobile Liabilitv Insurance: An automobile liability (owned, not -owned and hired vehicles) insurance policy in the minimum amount of $1,000,000 per occurrence. 2. The Insurance coverage required of the CONSULTANT shall also meet the following requirements: a. The insurance shall be primary with respect to any insurance or coverage maintained by the CITY and shall not call upon CITY'S insurance or coverage for any contribution; b. The insurance policies shall be endorsed for contractual liability and personal injury; c. The insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insured under the policies. IPA! d. CONSULTANT shall provide to PROJECT MANAGER Certificates of Insurance evidencing the insurance coverage required herein and specific endorsements naming CITY, its officers, agents and employees, as additional insured under the policies. e. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon 30 days written notice to CITY'S PROJECT MANAGER. f. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than 5 years. g. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 3. If it employs any person CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all liability for injuries to CONSULTANT'S officers and employees. 4. Any deductibles or self-insured retentions in CONSULTANT'S insurance policies must be declared to and approved by the PROJECT MANAGER. At CITY'S option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to CITY'S satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. K. INDEMNIFICATION. CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT, or CONSULTANT'S officers, agents and employees in the performance of their duties and obligations under this Agreement. L. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. M. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state, and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. N. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. O. NOTICES OF DESIGNATED REPRESENTATIVES. Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph. The below -named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement. CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560, San Rafael, CA 94915-1560 (415)485-3085 CONSULTANT: Robyn Anderson, MIG, Inc. 1802 Fifth Street, Berkeley, CA 94710 (510) 845- 7549 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee 48 hours after deposit thereof in the United States mail, postage prepaid and property addressed as set forth above. -3- P. INDEPENDENT CONTRACTOR. For the purposes, and for the duration of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CTrY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an independent contractor and not that of an employee of the CITY. Q. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties to the subject matter herein. Each parry to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only it it is in writing, and signed by all parties. R. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (Including claims administration) and attorney's fees expended in connection with such action. S. CITY BUSINESS LICENSEIOTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and other applicable taxes. CONSULTANT'S taxpayer identification number is 94-3116-998 and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. T. GOVERNING LAW: The laws of the State of California shall govern this Agreement. U. ALTERATIONS: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement and shall be approved by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSUL /�% BY t "/ NAME Gh��rJ M. TITLE P/L1�Ul CITY 9ZSAN RAFAEELL Acting City M ger ATTEST: 6-t Jerk -4- AP�S ORM /7 ole ity Attorney ATTACENMNT A EXHIBIT A MOORE IACOFANO GO( I:SMAN, liv-. April 4,1996 Proposed Scope and Budget 1.0 START-UP GROUP MEETING #1—STARTING OUT 1.1 Staff Strategy Meeting #1. MIG will meet with staff to prepare for the first and second Start -Up Group meetings. 1.2 Meeting Materials. MIG will prepare meeting agendas and a slide presentation on valuable public involvement techniques for "vision" plans. 1.3 Meeting Facilitation/Recording. The purpose of Start -Up Group Meeting #1 is to introduce the group members to each other and to the process. MIG will provide one facilitator and one graphic recorder to record participant discussion on large wallgraphics, as appropriate. 1.4 Meeting Wallgraphic. MIG will provide a black -and -white photoreduction of wallgraphics produced during; the meeting. 2.0 START-UP GROUP MEETING #2—DESIGNING THE PROCESS 2.1 Staff Strategy Conference Call. MIG will participate in a telephone conference call to coordinate logistics for the second Start -Up Group meeting. 2.2 Meeting Materials. MIG will prepare meeting agendas and an array of cards to be used in the process design exercise. 2.3 Meeting Facilitation/Recording. The purpose of Start -Up Group Meeting #2 is to design a proposed process for developing a "Vision Plan" for the North San Rafael neighborhood area, including an approach for establishing a "tailored" vision for the area west of the freeway and a vision for the area east of the freeway. A card sort exercise will be used to help identify public involvement techniques specific to "visioning." MIG will provide one facilitator and one graphic recorder to record participant discussion on large wallgraphics, as appropriate. 2.4 Meeting Wallgraphic. MIG will provide a black -and -white photoreduction of wallgraphics produced during the meeting. TASK 3.0 START-UP GROUP #3—REVIEWING THE PROCESS WITH COMMUNITY 3.1 Staff Strategy Meeting #2. MIG will meet with staff to prepare for the third Start -Up Group meeting. 3.2 Meeting Materials. MIC will prepare workshop agendas, comment sheets, and a wallgraphic depicting the proposed process developed under subtask 2.3. CITY OF SAN RAFAEL North San Rafael Vision Process Page MOORE IACOFANO GOLTSMAN, h��. Proposed Scope and I3adeet April 4,1996 3.3 Meeting Facilitation/Recording. The purpose of the workshop is to receive input on the Group's proposed vision process. MIG will provide one facilitator and one graphic recorder to record participant discussion on large wallgraphics, as appropriate. 3.4 Workshop Wallgraphic. MIG will provide a black -and -white photoreduction of wallgraphics produced during the workshop. 4.0 START-UP GROUP #4—REFINING THE PROCESS 4.1 Staff Strategy Meeting #3. MIG will meet with staff to prepare for the fourth Start -Up Group meeting. 4.2 Meeting Materials. MIG will prepare meeting agendas and a wallgraphic depicting the draft process design. 4.3 Meeting Facilitation/Recording. The purpose of Start -Up Group Meeting #4 is to revise the proposed process to reflect community input received during the third meeting, and to complete the Group's charge as established by City Council. MIG will provide one facilitator and one graphic recorder to record participant discussion on large wallgraphics, as appropriate. 4.4 Meeting Wallgraphic. MIG will provide a black -and -white photoreduction of wallgraphics produced during the meeting. 5.0 WORK PROGRAM 5.1 Draft Work Program. Based on direction received from the Start -Up Group, MIC will prepare a draft work program and budget to implement the recommended "visioning" process design. This draft work program will be submitted to City staff for review. MIG will provide staff with a computer file of the draft work program for minor edits. 5.2 Final Process Diagram. Based on continents received from City staff, MIG will revise the draft process diagram into a computer-generated diagram and include it in the draft work program. CITY OF SAN RAFAEL North San Rafael Vision Process Page 2 NORTH SAN RAFAEL VISION PROCESS (April 4, 1996) CMV $105.00 TOTAL Principal I 1 105 TASK # hours $$ 1 START-UP GROUP #1 Direct Costs $760 Strategy Meeting 3 315 Meeting Materials 2 210 Meeting 4 420 Labor 0 $760 Direct Costs $1,260 Task Subtotal 9 $945 2 START-UP GROUP #2 $360 165 Strategy Conference Call 1 105 Meeting Materials $1,540 0 Meeting 4 420 Labor $360 55 Direct Costs 0 $760 Task Subtotal 5 $525 3 START-UP GROUP #3 $55 $1,785 Strategy Meeting 1 105 Meeting Materials 0 Meeting 4 420 Labor Direct Costs RA Record # hours 3 2 4 S85.00 SS 255 170 340 9 $765 1 85 3 255 4 340 8 $680 3 255 3 255 4 340 Task Subtotal 5 $525 10 4 START-UP GROUP #4 Strategy Meeting ' 1 105 3 Meeting Materials I 0 6 Meeting 4 420 4 Labor I Direct Costs Task Subtotal 5 $525 5 WORK PROGRAM TOTAL Draft Program I 1 105 Final Process Diagram I 0 Labor $435 Direct Costs $760 Task Subtotal 1 $105 Labor Total I 15 $1,575 $850 255 510 340 STAFF Support # hours 3 3 13 $1,105 1 1 8 680 2 1 85 2 9 $765 ' 4 26 $2,210 I 6 $55.00 MIG TOTAL SS $$ 0 $570 55 $435 0 $760 $1,765 $100 $55 $1,865 0 $190 55 $310 0 $760 $1,260 $100 $55 $1,360 0 $360 165 S420 0 $760 $1,540 $100 $165 $1,640 0 $360 55 $565 0 $760 $1,685 $100 $55 $1,785 110 $895 110 $195 $1,090 $100 $220 $1,190 $330 $7,340 Direct Costs Total $500 GRAND TOTAL II $7,840