HomeMy WebLinkAboutCM Education and Community Engagement Services; CAAGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
CANAL ALLIANCE
FOR EDUCATION AND COMMUNITY ENGAGEMENT SERVICES
This Agreement is made and entered into as of 30-inU AVY 10, 102-B- (the "Effective
Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and CANAL ALLIANCE, 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 County of Marin; 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
1. 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."
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
Rev. 08.22
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed
$120,000.
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. Aaron Burnett 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 parry.
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.
v 08.22
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.
7. 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.
8. 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
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,
08.22
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
Agreement, to the other party.
08.22 4
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:
Katherine Hagemann,
Climate Adaptation and Resilience Planner
1400 Fifth Avenue
San Rafael, CA 94901
15. INDEPENDENT CONTRACTOR.
To CONSULTANT's Project Director:
Aaron Burnett,
Director of Policy and Civic Engagement
91 Larkspur St
San Rafael, CA 94901
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
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 parry of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing parry 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,
v 08.22
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. ]
08.22 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
JI SCH Z, Ci Manag r
APPROVED AS TO FORM:
the City Attorney
CONSULTANT:
4-4".'a„
Aaron Burnett
Director of Policy and Civic Engagement
[If CONSULTANT is a corporation, add
signature of second corporate officer]
W v
By: EVIEVE DYL `alm 9- ��igW
y �=
Assi t City Attorney Karen Rodriguez
CFO
ATTEST:
City Clerk
LINDSAY LARA, City Clerk
08.22
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 nprap, 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. CANAL ALLIANCE'S TASKS, DELIVERABLES, AND TIMELINES
SCOPE OF WORK
Task 1 Project Management
Consultant will coordinate with the City to keep them informed about the status of project
deliverables. The Consultant will track their budget and schedule, submitting requests for
disbursement, 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 City is part of a collaborative Project Team that includes two CBOs— Canal Alliance and
Multicultural Center of Marin (MCM) — 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 Community -Informed Technical Feasibility Stud
The Consultant will support the project team with the technical feasibility study, providing
feedback and analysis throughout the iterative study and design process.
Task 3 Staff and Partner Traininiz
Consultant will assist in organizing and leading of 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
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
Consultant will assist in planning and attend a minimum of (3) trainings specific to inclusive and
equitable community engagement will be organized and conducted in partnership with MCM.
Subtask 3.3 Cultural Competency Training
Consultant will assist the program team in the planning, design and facilitation of a minimum of
(3) Cultural Competency Trainings specific to the residents of the Canal. 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.
08.22 2
Task 4 Community Engagement
Consultant will support the Project Team to 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. The Consultant will work closely with the
Project Team to develop culturally appropriate and understandable materials for ongoing feedback
and input into the study.
Subtask 4.1 Community Development
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 member will work collaboratively with the Project
Team to assist in the creation of a feasibility study, and assist the Project Team in conducting
robust community engagement for the project.
The Consultant will work with the Project Team to conduct stakeholder mapping to identify
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, in its work with the Project Team, 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 Multicultural Center of Marin (MCM) LBOs and by other members
of the Project Team while in others there will be a clear delineation based on constituencies and
core competencies. For example, Consultant might lead engagement in multifamily housing and
schools, while MCM 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)
08.22
Subtask 4.2 Focus Groups
Consultant will support or lead 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. Initial focus groups
identifying community values, inclinations, and educational needs on key project topics will be
led by MCM and supported by Consultant. Later focus groups on the draft feasibility study and
housing security in relationship with climate adaptation will be led by Consultant and supported
by MCM 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
Consultant will support MCM and 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. 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.
4.3 Deliverables: Consultant's attendance logs, and meeting notes.
Subtask 4.4 Community Workshol2s
Throughout the process Consultant will assist the Project Team to collectively conduct at least 8
larger community workshops in multiple languages to engage the community in the process of the
feasibility study. The Consultant will work closely with the Project Team to 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 Advisory Committee
The Consultant will sit on the Technical Advisory Committee (TAC) meetings and provide support
and feedback as necessary for the Project. 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
08.22 4
Task 5 Local Plan Integration
The Consultant will work with City and County planning partners 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
The Consultant will work with the Project Team to prepare and conduct presentations to the San
Rafael City Council, Planning Commission, and other relevant bodies. This will include working
with the Project Team to prepare 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 Consultant will work with the Steering Committee and the Project Team 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: Consultant to draft policy recommendations and work with Project
team to draft/ adopt policy language and documents.
Task 6 Effectiveness Evaluation
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
Consultant.
Task 6 Deliverable: Effectiveness evaluation report
08.22
Part B:
Canal Alliance Project Budget for the City of San Rafael
Community Engagement; Contract Period December 2022 - March 2025
' Task 1: Project Management
$34,270
Task 2: Technical Feasibility Study
$10,200
Task 3. Staff and Partner Trainings
$0 [3]
Task 4. Community Engagement
$44,250
Task 5. Reporting and Local and Regional Plan
Integration
$17,800
Task 6. Effectiveness Evaluation and Analysis
$5,880
Staff Total I
$112,360
Direct Costs [2]
$7,600
I Project Total I
$ 120,000
[ 1 ] Staff costs billed at a rate per hour of $70 for the Director of Advocacy and Policy and at a
rate of $52 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 focus groups and community engagement.
[3] Funding for Task 3 is being provided by another source and is not being provided by these
grant funds.
08.22 6
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-1
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 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.
9. CONSULTANT agrees to ensure that subcontractors, and any other party
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 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 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
s Z
F y
e^fr r w I T H P'
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: Canal Alliance
Contractor's Contact: Aaron Burnett Contact's Email: aaronb@canalalliance.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 ❑
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑
2 City Attorney a. Review, revise, and comment on draft agreement 12/12/2022
and return to Project Manager ❑
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Department Director Approval of final agreement form to send to contractor ❑
4 Project Manager Forward three (3) originals of final agreement to ❑
contractor for their signature
5 Project Manager When necessary, contractor -signed agreement agendized ❑ N/A ❑
for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that Or
exceed $75,000; and for Public Works Contracts that 12/19/2022
exceed $175,000
Date of City Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
6 Project Manager Forward signed original agreements to City 1/6/2023 KH
Attorney with printed copy of this routing form
i
7 City Attorney Review and approve hard copy of signed agreement
8 City Attorney Review and approve insurance in PINS , and bonds (for (]I ✓��
Public Works Contracts) G l
9 City Manager / Mayor Agreement executed by City Council authorized official I� P
10 City Clerk l Attest signatures, retains original agreement and 40 $ Z3
forwards copies to Project Manager ��