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HomeMy WebLinkAboutCM DEI Consulting Services; First AmendmentDocuSign Envelope ID: E106C3EF-3809-4316-AA5D-C4B77E7380A1 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: CONSULTANT OOCUSigtL d by: By:S�a[.cws. H:ll,.cs�l - - Name: shat awn Hilliard Title: Director of Administration [If CONSULTANT is a corporation, add signature of second corporate officer] to Name: Title: i GENE VE COYL ssistant City Attorney Exhibits Exhibit A — Agreement Exhibit B — October 13, 2022, Scope of Work 0a AGREEMENT FOR PROFESSIONAL SERVICES FOR DEI CONSULTING SERVICES This Agreement is made and entered into this l Ph day of May, 2022, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and BCT PARTNERS, LLC (hereinafter "CONSULTANT"). RECITALS WHEREAS, CITY has a need for professional DEI consulting services; and WHEREAS, CONSULTANT is an experienced DEI consultant who is qualified and willing to provide the necessary services to CITY on the terms set forth herein; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant City Manager 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. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Damita Byrd 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 CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as follows: Conduct review on City policies, practices, including but not limited to the municipal code, community engagement, internal and external communications. Conduct a DEI Human Resources Assessment, conduct focus groups with City Staff and community members, analyze and interpret the data gathered to provide assessment, compile a final DEI Assessment Report that synthesizes all of the analysis and provides recommendations and next steps. DUTIES OF CITY. Exhibit A CITY shall pay the compensation as provided in Paragraph 4, and provide CONSULTANT with any necessary information, supplies, and assistance required, virtually or on-site, and workspace at City Hall, as needed, for CONSULTANT to perform duties under this agreement. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT as follows: $170,000.00 Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT The term of this Agreement shall be for (1) year(s) commencing on May 16, 2022 and ending on May 15, 2023. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to (1) year(s). 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (3 0) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Revised l/29/2020 Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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 the 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. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. Revised 1/29/2020 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. 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 five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. 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 Revised 1/29/2020 related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct Revised 1/29/2020 of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. 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. 13. 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. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. 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. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Cristine Alilovich City of San Rafael 1400 Fifth Ave San Rafael, CA 94901 TO CONSULTANT'S Contracts Department: Jimez Ashby 105 Lock St #203 Newark, NJ 07103 16. INDEPENDENT CONTRACTOR. Rcviscd 1/29/2020 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 CITY 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 CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. Revised 1/29/2020 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. 21. CITY BUSINESS LICENSE / OTHER 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 any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL r 1 JI r C {iJT2, C11 Ma ager Revised 1/29/2020 CONSULTANT Name:_ Shalawn_Hilliard Title:_ pjrector of Admjn stration _ ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: Roo E F. EPSTEIN, d-' y Attorney Revised 1/29/2020 [If CONSULTANT is a corporation, add signature of second corporate officer] By: Name: Title: rte. BCT PARTNERS Statement of Work (SOW) Client: City of San Rafael Date: May 11, 2022 Project: Diversity, Equity & Inclusion (DEI) Audit & Consulting Servicers Prepared by: Ms. Damita Byrd, CDP and Jimez Ashby Jr., BCT Partners Introduction This document provides a statement of work (SOW) and budget for BCT Partners to the City of San Rafael with Diversity, Equity & Inclusion (DEI) Audit and Consulting Services. Background The City of San Rafael's Diversity, Equity & Inclusion (DEI) Audit will shed light on the City of San Rafael's demographic and socioeconomic diversity. The findings from the audit will then be used to develop strategic DEI goals and initiatives. The objectives of this work are: • Assess policies, programs, and practices that directly or indirectly impact City staff and residents in regard to their race, ethnicity, gender, national origin, color, disability, age, sexual orientation, gender identity, religion, or other socio -culturally significant factors. • Develop recommendations, based on the Equity Audit's findings, to be included in a final report and presentation to the community and the City Council. Scope of Work The scope of work are as follows: IV. Task #1: Project Launch Meeting — BCT will conduct a Project Launch Meeting with appropriate City of San Rafael stakeholders to further clarify expectations, priorities, as well as to discuss and refine the in -scope areas of this engagement. Task #2: Request Documentation & Data — BCT will submit an information request to City of San Rafael to provide documentation describing and data pertaining to each practice area. Task #3: Conduct Review — BCT will review any existing information/data that describes or characterizes CSR with respect to its diversity, equity, inclusion, and culture including the following: a. City policies, practices, and Municipal Codes b. Prior assessments related to culture, climate, practices, and policies c. Documentation reflecting current DEI efforts, including internal and external communications d. Documentation of community engagement initiatives, strategies, and/or efforts This review will not only ground BCT's efforts to conduct the DEI audit, but also inform the design of the qualitative and quantitative data collection instruments. Task #4: Design Surveys BCT PARTNERS PAGE 1 a. Task #4A: Culture and Climate Assessment Survey — BCT Partners has already created a statistically validated and reliable DI=I Workforce andWorkplace Assessment {DWWAI instrument. We have successfully used this tool with many leading healthcare, public, private and governmental organizations to assess: • Employee satisfaction. • Perceptions of workforce culture and climate related to inclusion and belonging ■ Specific diversity issues pertaining to: race, gender, LGBTQ, disabilities, age, religion, national origin, language/accent. • Diversity -related leadership competencies • Management commitment and responsiveness to diversity issues and present ability to competently manage a diverse workplace. • Legal and risk management issues related to uncivil or disrespectful treatment, diversity -related incidents of disrespect, workplace bullying and discrimination. BCT will work with CSR to further customize this instrument to survey all 400 City employees including executive leaders, managers and supervisors and staff members. b. Task #4B: Global Diversity Equity and Inclusion Benchmark — BCT will conduct a separate survey of the City's leaders, managers and supervisory staff using the Centre for Global Inclusion's Global DEI Benchmarks (GDEIB) instrument. The GDEIB is a widely used, international instrument, developed and refined by 95 expert panelists, that contains 266 benchmarks in four groups and 15 categories that need to be addressed to create a world-class DEI initiative (see figure). Only City leaders, managers and supervisory staff will take this survey. Once the assessment is completed, BCT will be able to rate the City, using the GDEIB, according to the five levels - as follows: • Level 1 - No DEI work has begun; appreciation of diversity and a culture of inclusion are not organizational goals. Level 2 - Compliance mindset at best; symbolic actions only. • Level 3 - Beginning of a programmatic thrust; moving in a healthy direction. • Level 4 -Seeing DEI systemically; a robust D&I approach. • Level 5 - Current best practices in DEI around the world. ■ Beyond - Going beyond 100 percent would make your organization a "pioneer" and probably a model for others. BCT will work with the City to further customize this instrument to survey City executive leaders and directors. V. Task #5: Deploy Surveys — Pursuant to the City's feedback, BCT will revise, program and launch the DWWA in English, to City employees and leaders, using an online survey tool (i.e., Qualtrics). Each employee will be given a link to the independent website hosting the survey. Responding to the survey typically takes no longer than 6 to 8 minutes. Survey results will be entirely anonymous and will not be tied back to individual employees. The some survey deployment method will be used to administer the GDEIB to City executives and directors, only. VI. Task #6: DEI Human Resources Audit — To produce a most thorough evaluation, an audit requires in-depth interviews with staff that are responsible for defining the practices that BCT PARTNERS PAGE 2 execute recruiting, hiring, learning and development, and retention and support policies. BCT will gather qualitative data from these staff members and conduct an analysis to identify themes and direct actions disrupt and remove inequities within the organization. a. Task #6.1: Gather HR Information System Data — BCT will conduct an analysis of the City's Human Resource Information System data to assess equitable workforce advancement, promotion and retention. The HRIS equity assessment begins by meeting with HR data managers to determine the ideal process for securely extracting the key data required for the analysis. BCT then submits a query to the HR data manager, who extracts the data files. The data can be de - identified, removing names and addresses of employees. As soon as the analysis is completed, BCT destroys the data. b. Task #6.2: Conduct DEI Human Resources Assessment (Policies and Practices) — BCT will perform a DEI HR assessment that includes the following activities: a. Recruiting - Evaluate existing potential partner organizations, recruiting channels, best practices, resources, and opportunities that can enhance diverse recruitment efforts including diversity recruiting firms and organizations representing diverse populations. b. Hiring - Evaluate existing human resources hiring policies, practices and processes (i.e., assessments used, questions asked, recruiting areas, etc.) to identify diversity hiring gaps as well as opportunities to mitigate bias and other barriers to equity. c. Learning and Development - Assess existing learning, development and performance management policies, practices and processes as it relates to creating equal opportunity for diverse employees to succeed. d. Retention and Support - Evaluate current practices for retaining and supporting City of San Rafael employees. VII. Task #7: Conduct Interviews and Focus Groups — BCT will develop a set of robust qualitative in-depth interview (IDI) and focus group protocols that probe further into topics and issues that would benefit from deeper insights, greater clarification, and more nuanced understanding than the quantitative research may allow. IDIS will be conducted with up to ten (10) City leaders and directors. Focus groups will be conducted with six different groups of employees, based on demographics, job functions, etc. (note: direct reports will be separated from supervisory staff to foster open and honest dialogue); and up to six focus different groups of community residents who receive/benefit from City services, based on the type of services they receive and their demographics. BCT will conduct qualitative research virtually via telephone or web conference (i.e., Zoom). A BCT team member with extensive experience in structured and open-ended interviews will moderate the focus group. The focus groups will be recorded only with permission and disclosure from all participants. Vlll. Task #8: Analyze and Interpret Data — BCT will conduct triangulated analyses of all quantitative and qualitative, together, to ensure that the report reflects the most holistically accurate and valid conclusions. Specifically, the analysis will be conducted as follows: • With respect to the DW WA, BCT will generate descriptive statistics necessary to understand the data (e.g., distributions, measures of central tendency) and generate the inferential statistics to identify relationships between variables (e.g., analysis of variance, regression, and correlation). • The GDEIB data gathered from CSR leaders and directors will be analyzed by aggregating findings across all respondents to produce statistically reliable and valid findings on the top strengths and recommendations for the City's D&I vision, BCT PARTNERS PAGE 3 strategy, and business case; leadership and accountability; D&I structure and implementation; recruitment, retention, development, and advancement; and benefits, work -life, and flexibility. • The qualitative data will be coded and uploaded into a comprehensive database. BCT will use content analysis to organize the data into categories that translate the perspectives, experiences and perceptions of CSR employees into a deeper understanding of DEI challenges and opportunities. ■ BCT will analyze the HRIS data by conducting regression modeling to determine the ideal employee pathway to advancement, promotion, and retention, controlling for factors like the level and type of job, location of work, and other factors that could influence the work experiences that lead to job advancement and retention. Then, and most importantly, BCT will conduct inferential analyses to determine if there are any significant differences by race, gender, sexual identity, etc. IX. Task #9: Deliver Final Report—The final step in the assessment process will be to produce a DEI Assessment Report. BCT will triangulate and synthesize all of analyses, in combination with other sources gathered and evaluated during the Review step, into a draft and final report that summarizes findings, recommendations and next steps, and offers insights to organizational climate and culture strengths, limitations, risks, synergies, challenges and opportunities. BCT approaches all assessment efforts with a keen eye toward action, by taking information and data and translating them into results for our clients. We will work with CSR leaders to ensure a clear understanding of the results, implications, and limitations of the assessment report. The assessment report will include short-term and long-term recommendations related to City policies and practices (including HR); Municipal Code; City services, including recommendations based on resident feedback/input; community engagement; internal and external communications; program funding and expenses; and City staff demographics. Period of Performance The period of performance is May 2022 - December 2022 Budget The budget is $170,000.00. CITY OF SAN RAFAEL BCT Partners, LLC By: Name: Title: Date: BCT PARTNERS Shalawn Hilliard Director of Administration 05/11/2022 PAGE (0) BCT PARTNERS Your Partner in jollltion$ tha; tv+atter Scope of Work (SOW) Client: City of San Rafael Date: October 13, 2022 Project: Diversity Equity and Inclusion Human Resources Audit Prepared by: Dr. Randal Pinkett, BCT Partners Introduction This document provides a statement of work (SOW) and budget for BCT Partners to support the City of San Rafael with DEI Consulting Services. Background The City of San Rafael (City) has been on the Diversity, Equity, Inclusion journey for several years. BCT Partners will provide DEI services to assist City of San Rafael a foundation toward building a more diverse and inclusive organization for employees. The DEI services will help staff identify blind spots and processes that perpetuate systemic injustice and identify current successes and areas for improvement. DEI HR Audit - BCT proposes an analysis of CSR's Human Resource Information System data to assess equitable workforce advancement, promotion, and retention. BCT will evaluate the data analytic DEI assessment projects and the Human Resource Information System (HRIS) data to evaluate the equity of all methods of advancement for employees of all races, ethnicities, genders, sexual orientations, and identities, etc. DEI Human Resources Evaluation (Policies and Practices) - Human resources is a cornerstone of effective organizational development. BCT will perform a DEI HR policies and practices evaluation that includes the following activities: a. Recruiting b. Hiring c. Learning and Development d. Retention and Support Scope of Work and Level of Effort The scope of work (SOW) and level of effort (LOE) are as follows: I. Task 1 -Conduct DEI HR Audit (210 hours) Conduct an analysis of CSR's Human Resource Information System data to assess equitable workforce advancement, promotion, and retention. Conduct analytic DEI assessment projects leveraging Human Resource Information System (HRIS) data to evaluate the equity of all pathways to advancement for employees all races, ethnicities, genders, sexual orientations, and identities, etc. The HRIS equity assessment begins by meeting with HR data managers to determine the ideal process for securely extracting the key data required for the analysis. a query to the HR data manager, who extracts the data files. BCT will deidentified the data, removing names and addresses of employees. Additionally, BCT has methods for securely transferring and housing data, including encryption methods. As soon as the analysis is completed, BCT will delete the data. BCT PARTNERS PAGE 1 EXHIBIT B BCT will perform a DEI HR policies and practices evaluation that includes the following activities: a. Recruiting - Evaluate existing potential partner organizations, recruiting channels, best practices, resources, and opportunities that can enhance diverse recruitment efforts including diversity recruiting firms and organizations representing diverse populations. b. Hiring - Evaluate existing human resources hiring policies, practices, and processes (i.e., assessments used, questions asked, recruiting areas, etc.) to identify diversity hiring gaps as well as opportunities to mitigate bias and other barriers to equity. c. Learning and Development - Assess existing learning, development and performance management policies, practices, and processes as it relates to creating equal opportunity for diverse employees to succeed. d. Retention and Support - Evaluate current practices for retaining and supporting City of San Rafael. Conduct Interviews and Focus Groups - BCT will develop a set of robust qualitative in-depth interview (IDI) and focus group protocols that probe further into HR policies and practices focused on recruiting, hiring, learning and development, retention, and support. We will conduct three (3) IDIs and three (3) focus groups with staff that are responsible for defining the practices that execute recruiting, hiring, learning and development, and retention and support policies. Gather HR Information System Data - BCT will conduct an analysis of CSR's Human Resource Information System data to assess equitable workforce advancement, promotion, and retention. BCT has conducted numerous data analytic DEI assessment projects leveraging Human Resource Information System (HRIS) data to evaluate the equity of all pathways to advancement for employees all races, ethnicities, genders, sexual orientations, and identities, etc. The HRIS equity assessment begins by meeting with HR data managers to determine the ideal process for securely extracting the key data required for the analysis. BCT then submits a query to the HR data manager, who extracts the data files. The data can be deidentified, removing names and addresses of employees. Additionally, BCT has methods for securely transferring and housing data, including encryption methods. As soon as the analysis is completed, BCT will delete all the data provided. Deliver Final Report -The last step in the audit process will be to produce a DEI HR Audit Report. BCT will triangulate and synthesize all of analyses, in combination with other sources gathered and evaluated during the Review step, into a draft and final report that summarizes findings and recommendations and offers insights to take information data and translating them into results for our clients. Retention, advancement, and equity data analysis findings will be reported for CSR permanent and temporary employees. We will work with CSR leaders to ensure a clear understanding of the results, implications, and limitations of the audit. The audit report will include short-term and long-term recommendations related to City of San Rafael's HR policies and practices and staff demographics. By leveraging BCT's data -driven approach to DEI HR Audit, we will be able to pinpoint areas where CSR is experiencing its greatest DEI challenges and pinpoint areas representing City's greatest opportunities. This will enable City to target its efforts not only to those areas of greatest needs but also those areas where it can achieve the greatest impact. BCT PARTNERS PAGE 2 TOTAL HOURS: Period of Performance The period of performance is August 2022 - January 2023. Budget DEI HR Audit hourly rate is $250.00/hour. The budget is $250.000/hour x 210 hours = $52,500 BCT PARTNERS PAGE 3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager's Office Project Manager: Crisitne Alilovich Extension: 3384 Contractor Name: BCT Partners, LLC Contractor's Contact: Shalawn Hilliard Contact's Email: shilliard@bctpartners.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑X enter a date. b. Email contract (in Word) and attachments to City 10/18/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a date. 3 Department Director Approval of final agreement form to send to Click or tap contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to 11/9/2023 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement �. N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form _ 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts Agreement executed by City Council authorized 9 City Manager/ Mayor j official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager jj