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HomeMy WebLinkAboutCM Education and Community Engagement Services; MCMAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND THE MULTICULTURAL CENTER OF MARIN, INC. FOR EDUCATION AND COMMUNITY ENGAGEMENT SERVICES This Agreement is made and entered into as ofTmu I 0,47t (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a charterea LAnforn a municipal corporation (hereinafter "CITY"), and THE MULTICULTURAL CENTER OF MARIN, INC. a California nonprofit public benefit corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY is in receipt of a grants from the State Coastal Conservancy for $700,000 and the Marin Community Foundation for $62,000 to complete a sea level rise feasibility study. B. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES" to help successfully implement a project supported by grant funds from the state Coastal Conservancy and the Marin Community Foundation; and C. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." Rev. 08.22 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $162,000. CONSULTANT will bill City on a monthly or quarterly basis- for Services provided by CONSULTANT during the preceding month or quarter, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on April 30, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. The City's Climate Adaptation and Resilience 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. 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. Douglas Mundo 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. 5. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) 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 08.22 2 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. 6. 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. INSPECTION AND AUDIT. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, 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 08.22 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 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. 11. 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. 12. 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. 13. 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 08.2.2 4 Agreement, to the other party. 14. 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: To CONSULTANT's Project Director: Katherine Hagemann, Climate Adaptation and Douglas Mundo, Executive Director Resilience Planner 709 Fifth Avenue 1400 Fifth Avenue San Rafael, CA 94901 San Rafael, CA 94901 15. 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 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. 16. 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. 08.22 5 17. 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. 18. 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. 19. 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. 20. 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, and 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). 21. 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. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, 08.22 6 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. [Signatures are on the following page.] 08.2.2. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: APPROVED AS TO FORM: Office of the City Attorney 0G& By: GE VI E COYLE, AssistWCity Attorney ATTEST: City Clerk Ar LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: By: Douglas Mundo Title: Executive Director [If CONSULTANT is a corporation, add signature of second corporate officer] By: Name: Title: EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. I. PROJECT DESCRIPTION The purpose of this Project is to conduct a community -informed technical feasibility study of sea level rise adaptation options along the greater Canal District shoreline of San Rafael ("Project Study Area"). It will include robust engagement in our priority equity community census tracts ("Primary Engagement Area") to ensure that underrepresented community members have a voice and that inclusive decision-making guides the process. The City of San Rafael will work with the County of Marin and community-based organization (CBO) project partners Canal Alliance and Multicultural Center of Marin ("Project Team") to build capacity of the two community-based organizations by hiring one staff person per organization to help lead the project and develop culturally relevant community engagement methods for these census tracts, which have been identified as most vulnerable by the Bay Conservation and Development Commission's 2020 Regional Sea Level Rise Vulnerability and Adaptation Study. Geographically, the Project Study Area is the entire shoreline area within the boundaries of City of San Rafael and can be loosely framed by downtown on the west, the Richmond -San Rafael Bridge to the east, and McNears Beach to the north. The Project Study Area includes both sides of the San Rafael Canal. The Project Team will conduct a technical feasibility study that considers nature -based, hybrid, and hard infrastructure sea level rise adaptation measures within the Project Study Area. These will include but not be limited to consideration of the full range of nature -based solutions such as ecotone levees and subtidal habitat restoration, green -grey riprap, and traditional engineered solutions such as sea walls and a tide gate at the mouth of the Canal. Through the technical feasibility study and collaborative community planning process, a minimum of at least one project will be identified for further development and implementation. Additionally, the Project Team will produce community -developed policy language for the City's multi -hazard climate adaptation plan (currently in development, anticipated completion in spring 2025), and potentially other plans and guiding documents such as a proposed neighborhood specific plan, housing plan or strategy, and other General Plan -related documents. The Project will prototype and model a collaborative planning process that elevates the community's role in decision-making to be used in future resilience and adaptation planning work and other critical local policy decisions. Providing funding for staff at two community-based organizations will build capacity at each to engage fully in the project and advocate on behalf of their constituents. An effectiveness evaluation will summarize the process and guide future engagement efforts for the City and County. Rev. 08.22 A-1 II. MOM'S TASKS DELIVERABLES and TIMELINES SCOPE OF WORK Task_1 Project Management The Consultant will coordinate with the City to keep them informed about the status of the Project. The Consultant will manage their budget and schedule, submitting requests for reimbursement, and other project management activities. In the progress reports, the Consultant shall document all activities, deliverables completed, progress, issues, and proposed resolutions. Subtask 1.2 Project Team Management The Consultant is part of a collaborative Project Team that includes the City, Canal Alliance, and the County of Marin. While all team members have long supported work in the community, working together on this effort will require coordination as we establish stronger networks and trust with each other and the community. The Project Team will meet regularly to coordinate on the project strategy, review documents, prepare for meetings, and initiate and respond to communications with the public and other partners. Task 1 Deliverables: progress reports, invoices, and documentation Task 2 Coxnmuni -Informed Technical Feasibilfty Stud The Consultant will support and advise the City on a community -informed technical feasibility study to evaluate nature -based, hybrid and hard infrastructure options that can increase community resilience to sea level rise and flooding in the Project Study Area. The options will reflect community priorities and technical feasibility, with at least one project option identified along with specific recommendations for further project development and implementation (i.e., considerations for landowner approval, project lead for CEQA and permitting, etc.). Task 3 Staff and Partner Training The Project Team will organize, attend, and lead trainings to promote competencies in the foundational areas of this project: sea level rise (including causes and impacts, Adaptation Pathways, and nature -based solutions), equitable community engagement, and cultural competency. Subtask 3.1 Sea Level Rise Training The Consultant will work with the Project Team to develop and attend a series of (6) trainings on the causes and implications of sea level rise, flooding, time scales, compounding effects, and the Adaptation Pathways approach to planning for sea level rise impacts. Subtask 3.2 Equitable Community Engagement Training A minimum of (3) trainings specific to inclusive and equitable community engagement will be organized and conducted by the Consultant. The Consultant has experience in this realm and will build upon their past efforts to formalize curriculum and training materials. Trainings will be attended by all staff on the Project Team as well as from other relevant stakeholders. 08.22 2 Subtask 3.3 Cultural Competency Training A minimum of (3) Cultural Competency Trainings specific to the residents of the Canal will be organized and conducted by the Consultant. The Consultant has experience in this area and will build upon prior efforts with a particular focus on the Project. Language, culture, norms, perceptions, and empathy training will be included, with a focus on the immigrant experience of people from Latin America, Vietnam, and other countries living in San Rafael. These will include information on the variety of affinity groups, resources, programs, and service providers currently engaged with residents. Trainings will be primarily focused on City and County staff and open to other government agencies and stakeholders. Task 3 Deliverables: copies of training materials; cultural competency protocols; list of staff and project partners trained Task 4 Community Engagement The Project Team will develop an engagement strategy and refine the timeline and schedule, conduct stakeholder mapping, identify key community partners, identify community resources for meeting facilitation and support, design materials, develop creative means of communication and documentation of the project, conduct workshops and trainings, develop a community Steering Committee, and develop questions and content for focus groups, surveys, and other community events and groups. This work will all be informed by the lessons from trainings in Tasks 3.1, 3.2 and 3.3. The Project Team will develop culturally appropriate and understandable materials for ongoing feedback and input into the study. Subtask 4.1 Community Development Canal Alliance and Multicultural Center of Marin serve the Canal community through a range of services and expertise. They are trusted organizations in the community and understand that sea level rise threats require engaged community decision-making. The experience during the pandemic continually demonstrated how much extra time and effort it took to get key messages into the community. No one outreach source is adequate. Residents come from many different backgrounds and cultures and speak several languages. Of critical importance to issues of land use and planning is the ability to have time, access, and knowledge of complex issues. It is essential for governments and CBOs to spend adequate time meeting people where they are, understanding the needs, values, and cultural milieu of the various subpopulations in a community, and creating materials and processes that work for them. The two CBO partners in this grant application are clear that although they serve this community directly, they do not represent the community per se and that something as significant as adaptation planning will require developing community ambassadors and a capacity within the community to be part of the decision-making. To accommodate this critical need, the Consultant will hire one new part-time staff to build subject -matter expertise on sea level rise and engage with the community. The new staff members will work collaboratively with the Project Team for the feasibility study to conduct robust community engagement for the project. The Consultant will work with the Project Team to conduct stakeholder mapping to identify v 08.22 community champions, influencers, resources, affinity groups, and others that should be engaged at different levels throughout the Project. This will include the wide range of demographics represented in the area with a specific focus on the two primary equity census tracts conducted in three languages. It will include representation from the broader study area, as well as other relevant agencies and stakeholders, such as utilities and state and federal agencies. The Consultant will work with the Project Team and will refer to the stakeholder mapping and schedule interviews with key stakeholders to refine outreach strategies for the Project. Outreach strategies may include printed visuals (flyers, maps, etc.), electronic media, video content, block parties, volunteer ambassadors, school programming and classroom materials, and participation in existing community events. A particular focus will be on creative ways to engage people in multifamily housing since most of the residents in the Engagement Area are tenants and many are subletters. Presentations, participation at existing community events, and community block parties will be conducted to get input on the project at different stages and to identify the best methods of engagement as the project unfolds. Community outreach will be carried out collaboratively between the Consultant and Canal Alliance, with City and County support, while in others there will be a clear delineation based on constituencies and core competencies. For example, Canal Alliance will lead engagement in multifamily housing and schools, while the Consultant will lead the video, radio, and other digital media development. 4.1 Deliverables: stakeholder mapping; copies of outreach materials from community events (minimum 4) and large-scale engagements like block parties (minimum 2), including translated materials; documentation of creative communications (such as links to social media account postings, photos and video recordings, project website link, list of trained volunteers, or other engagement products) Subtask 4.2 Focus Groups The Consultant will conduct and support a minimum of (6) focus groups consisting of stakeholders from the underrepresented census tracts in the Engagement Area will be conducted throughout the Project. Focus Groups will elevate people's concerns and thoughts regarding community resilience and methods of engagement to help guide the sea level rise planning process. The Consultant will lead the initial three (3) focus groups identifying community values, inclinations, and educational needs on key project topics. Later focus groups on the draft feasibility study and housing security in relationship with climate adaptation will be led by Canal Alliance. Focus group participants will be carefully chosen to ensure representation from residents that might not otherwise be easily engaged as identified through the stakeholder mapping process. 4.2 Deliverables: focus group attendance rosters; report on findings covering a minimum of (6) Focus Group sessions. Subtask 4.3 Steering Committee The Consultant will take the lead and work with the other Project Team partners to organize and coordinate a community Steering Committee for the Project that includes representation from the greater Project Study Area. The Steering Committee will provide ongoing oversight for the Project. 08.22 4 They will learn about sea level rise and flood impacts and solutions, guide the project, and guide the inclusion of community feedback into the feasibility study. They will receive reports and presentations from the feasibility consultant and provide input. Training will be provided to Steering Committee members throughout the process. The Steering Committee will meet monthly during the early stages of the engagement to review consultant candidates and inform the scope of work for the feasibility study, then will meet every other month for the duration of the project. The Consultant will provide committee members stipends as needed to participate and will be expected to contribute 8-10 hours per month to the project including attending regular meetings and some community engagements as well as reviewing materials and providing comments. The funds for the stipends will be aligned with the Consultant's standard practices and these costs are included in this proposal. 4.3 Deliverables: Steering Committee membership roster; meeting agendas, attendance logs, and meeting notes. Subtask 4.4 Community Workshops Throughout the process the Consultant will work with the Project Team to conduct at least 8 larger community workshops in multiple languages to engage the community in the process of the feasibility study. The Project Team will decide on and design content to provide participants with meaningful opportunities to contribute and provide feedback. Earlier workshops will be used to help refine the focus of the project, while later workshops will be geared toward identifying recommendations and priorities for future implementation. These workshops will be done collaboratively by the full Project Team. 4.4 Deliverables: draft and final copies of workshop presentation materials Subtask 4.5 Technical Advisog Committee The Consultant will sit on the Technical Advisory Committee (TAC) meetings and provide support and feedback as necessary. The TAC will include experts in topics such as sea level rise adaptation planning, nature -based shoreline project implementation, and estuarine ecology. The TAC will inform the scope of work for the feasibility study, be engaged in the selection of the technical consultant team and provide review and feedback on technical analyses and interim technical deliverables at key junctures throughout the Feasibility Study process. 4.5 Deliverables: The consultant's attendance logs, and meeting notes Task 5 Local Plan Inte ration The Consultant will support the Project Team to develop and codify relevant outcomes and policy language to be included in the City's climate adaptation plan (being developed concurrently by the City of San Rafael), including but not limited to selected sea level rise scenarios and project or projects identified for further development. In addition, recommendations, priorities, and other outcomes will be assessed to identify inclusion in other City plans, strategies, and programs such as the Local Hazard Mitigation Plan (LHMP), Housing Element, or Safety Element of the City's General Plan. Subtask 5.1 Present to City and County_ Leadership v 08.22 Project Team will prepare and conduct presentations to the San Rafael City Council, Planning Commission, and other relevant bodies. This will include prepping the Steering Committee and working with the feasibility study consultant to prepare materials, catalogue feedback and integrate comments. Subtask 5.2 Develop Policy Recommendations The Project Team will work with the Steering Committee and consultant to develop final policy recommendations and integrate them into City policies, programs, plans, and implementation activities. Potential documentation may include the Citywide climate adaptation plan, General Plan, Local Hazard Mitigation Plan, Capital Improvement Program, or a neighborhood plan, among others. Task 5 Deliverables: draft and/or adopted policy language and documents; links to presentation recordings Task 6 Effectiveness Evaluation The Consultant will catalogue the project's engagement activities, delivery of technical information to stakeholders, and project outcomes to conduct an evaluation that can inform the City and County for ongoing community -driven planning. The evaluation will be a continuous part of the process to improve and inform engagement strategies as the Project unfolds. It will also be summarized at the end of the Project in the form of a report to inform further planning and implementation efforts and will document the most and least effective techniques, trainings, and engagements, changes in the strategy based on learnings, and recommendations for improvement. Qualitative and quantitative evaluations will occur to determine which engagements provided the most feedback as well as where and when feedback carried forward into meaningful adjustments to the feasibility study and outcomes. The evaluation will include internal as well as external feedback through interviews with key stakeholders. It will also provide an analysis of the capacity building function of the Project and lessons learned for ongoing capacity building in the community and with the two CBOs. Task 6 Deliverable: Effectiveness evaluation report 08.22 6 II. MCM's BUDGET based on TASKS Multicultural Center of Marin - Project Budget for the City of San Rafael Community Engagement; Contract Period December 2022 - March 2025 time Task 1: Project Management Task 2: Technical Feasibility Study Task 3. Staff and Partner Trainings Task 4. Community Engagement Task 5. Reporting and Local and Regional Plan Integration Task 6. Effectiveness Evaluation and Analysis ^Direct Costs [2] Staff Total $34,800 $7,500 $18,700 $58,900 — $8,500 $5,200 $133,600 $28,400 Project Total $162,000 [1] Staff costs billed at a rate per hour of $80 for the Executive Director, $80 for Director of Policy, $80 for Director of Marketing, $49 for the Community Resilience Manager, and $51.75 for the Policy Analyst. These staff costs can be adjusted to reflect an annual cost of living adjustment not to exceed the consumer price index. The CPI increase would be calculated using the Bureau of Labor Statistics' annual CPI estimates for the Bay Area. [2] Direct costs: for expenses related to community workshops, steering committee meetings, focus groups, and large community events. 08.22 7 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' 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 workers' 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 workers' 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. 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 Rev. 08.22 B- I ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' 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 parry. 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. 9. CONSULTANT agrees to ensure that subcontractors, and any other parry involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 parry. 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. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 the CITY. 08.22 B-3 RAF,g S- 2 ti WITH 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 - Sustainability Project Manager: Katherine Hagemann Extension: 415-256-5534 Contractor Name: Multicultural Center of Marin Contractor's Contact: Douglas Mundo Contact's Email: dmundo@multiculturalmarin.org ❑ 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 n/a ❑X b. Email contract (in Word) and attachments to 'City 12/5/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org City Attorney a. Review, revise, and comment on draft agreement ❑X 2 12/12/2022 and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor i 3 Department Director Approval of final agreement form to send to x❑ contractor 4 Project Manager Forward three (3) originals of final agreement to 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 12/19/2022 Date of City Council approval 1/5/2023 PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City KH Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney l /�n'�� agreement 8 City Attorney Review and approve insurance in PINS, and bonds f �� (for Public Works Contracts) 1 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ! ,