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HomeMy WebLinkAboutHR Human Resources ServicesAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND MUNICIPAL RESOURCE GROUP, LLC FOR HUMAN RESOURCES SERVICES This Agreement is made and entered into as of J U [ 7, 2023 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and MUNICIPAL RESOURCE GROUP, LLC, a California limited liability company (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 desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. 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 C. 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." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated June 26, 2023 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 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 Rev 0822 $50,000. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. 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 December 31, 2023. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Director of Human Resources 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. Patty Francisco 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 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 2 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, v 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. v 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: Marissa Sanchez, Human Resources Director 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Patty Francisco, Lead Consultant and Project Manager PO Box 561 Wilton, CA 95693 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. 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 ofthis 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, 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. v 08 22 6 [Signatures are on the following page.] v0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: Wltihe AlWovich Cristine Alilovich (Jul 7. 202310 38 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney ?�__ `7/_ By: GENEVIEVE COYLE, Assistant City Attorney ATTEST: City Clerk 8reft�ra. Nctr�-w ��g^L .-v3J%46POTI LINDSAY LARA, City Clerk v 08.22 8 CONSULTANT: Mary Egan By: Name: Mary Egan Title: CEO [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. Rev 08.22 A-1 r4-173 MRG June 26, 2023 Cristine Alilovich, City Manager Marissa Sanchez, Interim Human Resources Director 1400 Fifth Avenue, Rm 210 San Rafael, CA 94901 Subject: Human Resources On Demand Consulting Services Dear Ms. Alilovich and Ms. Sanchez: Municipal Resource Group, LLC ("MRG") is pleased to submit this proposal to the City of San Rafael ("City") to provide Human Resources On Demand Consulting Services. MRG will support the City with project -based services as discussed. MRG can support a variety of human resources requests. We have built our practice around helping clients rethink historic or bureaucratic practices and create new processes that align with their vision, and values, and are forward -thinking. We consider these engagements an opportunity to work with staff, to help them grow and develop. We are "no surprises" consultants and work with leadership and other stakeholders to define a path for desired outcomes, recommending programs and processes that reflect the City's mission, vision, and values. Our team has provided similar ongoing services to agencies including Greater Vallejo Recreation District, Altadena Library, SolTrans, Yuba Water Agency, Oakland Housing Authority, Marin Housing Authority, the cities of Calistoga, Novato, Merced, Davis, and Walnut Creek, as well as Mono County, Contra Costa Housing Authority, Cameron Park CSD, and Alameda County Mosquito Abatement District. With more than 70 affiliated experts in every operational and organizational area, we can contribute to the success of your projects. MRG is a true full -service firm focused on your success. Sincerely, Mary Egan CEO MRG, LLC 916-261-7547 egan@solutions-mr--.com Post Office Box 561 Wilton, California 95693 866-774-3222 www.Solutions-MRG.com .-UM!��(T �n{'.�/' I. .�►!� I. .�1.. I.'�' -1.11 ll`�7-.r-._ -4.� =� wr! �•}a4 :S-�_si-'ice I..� -w1 The MRG team is a centralized resource for all Human Resources, staff development and organizational excellence needs. In addition to HR services, we can assess and improve HR functions including, but not limited to, professional development, training, succession planning, workplace investigations, organizational assessments and implementation plans, employee relations, mentoring and coaching, project management, recruitment, and selection. MRG team members have led successful transformational efforts in our client agencies and fully understand the real -world challenges they face in making meaningful and long-term changes. Firm Name: Physical Address Mailing Address Website: Project Manager E-Mail: Telephone Number MRG's Consulting Philosophy Municipal Resource Group, LLC ("MRG") 8788 Elk Grove Blvd., Suite L, Elk Grove, CA 95624 PO Box 561, Wilton CA 95693 www.Solutions-MRG.com (866) 774-3222 Patty Francisco pfrancisco@solutions-mrg.com (949) 500-0436 As a consulting firm, MRG brings talented consultants to assignments to meet clients' needs. MRG differentiates its work based on the following principles. Trusted Advisors MRG prides itself on building long-term relationships with clients who turn to MRG for guidance and expertise. We work as "trusted advisors," working directly with the leadership of organizations to help them manage their complex organizations and to adjust to change that is constantly knocking on the door. Commitment to Public Service We choose to focus our work on local, regional & state agencies that are delivering public service to communities. We understand that our client's work is important and impactful — and our goal is to help organizations do that work with more grace and better effectiveness and efficiency. Partnership for Impact As seasoned executive leaders ourselves, we have Trusted Advisor Commitment to Public Service Partnership for Impact Management Practitioners+ Leadership Coach Strategic Organizational Development no interest in writing reports that sit on shelves or are not reality -based for action. MRG needs to work in a consultative partnership directly with management for organizational impact to occur. We see our role as true partners with the leadership team to work productively to help you find solutions for actionable impact in your organization. City of San Rafael MRG, LLC 1 Team of Management Practitioners + Executive Leadership Coach Today's organizations require a robust understanding of people and teams, plus talented management, and leadership. The key to an organization's success is the integration of control, which creates value (efficiency, effectiveness, empowerment), and leadership which inspires change and a collective vision. By bringing a consultant team with management plus leadership coaching expertise, MRG can deliver tools, perspectives, and paradigms for the continued growth and support of an organization's leadership team. Strategic Organizational Development Organizations are complex, multi -faceted organisms that take time and strategy to develop and shape. While employees are focused on delivering services, there is "care and feeding" of the organization, structure, and systems that need to be done to support the workforce, mold culture, and deliver services/mission. MRG brings the deep organizational development and human resources experience to transform and help organizations continue to invest in their operations' strategic, and hands-on development. Mary Egan is the CEO of MRG who oversees our practice and provides high-level leadership for all our projects. Our affiliated lead consultant who would primarily support the City's needs is Patty Francisco. Mary Egan (CEO) - Mary collaborates with organizations and their executive leadership, and in some cases appointed or elected Boards to achieve their full potential. Mary's specialties are facilitating performance evaluations and organizational analysis as well as coaching employers to address deficiencies and maximize their impact. She is a certified professional executive coach and uses these skills to help clients increase their level of performance and identify potential limiting blind spots. She also advises clients regarding investigations, employment -related risk mitigation, strategic planning, and interest -based problem resolution. Mary is a founding member of the Association of Workplace Investigators (AWI). Patty Francisco (Lead Consultant and Project Manager) - Patty has over 30 years of public sector human resources experience and is primarily responsible for the consulting practice in the Southern California region. Patty focuses on strategic human resources advice and counsel to help organizations achieve successful results. She provides expert consulting services on various HR functions including organizational strategy and staffing design, labor relations and MOU administration, employee benefits, training and professional development, classification, and compensation. Through collaboration and partnership with clients, Patty works well in identifying issues and offering meaningful recommendations to ensure sustainable outcomes. Patty received her bachelor's degree in Public Administration from the University of Southern California, and then went on to earn her master's degree in Human Resources Design from Claremont Graduate University. Patty earned her Ph.D. in Organizational Leadership from The Chicago School of Professional Psychology. Her research focused on: Informal Leaders: Linking Transformational Leadership, Psychological Empowerment and Personal Power. Patty has taught graduate courses on Individual Interviewing and Assessment and Talent Management and Succession Planning at the Chicago School of Professional Psychology. City of San Rafael MRG, LLC 2 Rumi Portillo (Consultant) — Rumi is a human resources professional, consultant, and executive coach, with more than thirty years in public service. Rumi worked extensively with industrial psychologists, attorneys, and medical professionals on complex and sensitive employment -related matters. Prior to becoming an independent consultant, Rumi served as the Chief People Officer (CPO) for the City of Palo Alto, a fast -paced and high -demand municipal government employer in the epicenter of Silicon Valley. As CPO, Rumi oversaw recruitment, labor and employee relations, benefits, compensation, training, organizational development, risk management, and health and safety. Prior to her role in Palo Alto, Rumi served in human resources management forthe cities of Los Gatos, Sunnyvale, and San Jose. Through her work with these agencies, Rumi became a regional expert in municipal employment matters, with a special focus on public safety, including Police, Fire, and 911 Emergency Dispatch. Rumi is also a trained negotiator with many years of experience developing and executing labor strategies. Cathy Capriola (Consultant) - Cathy is an experienced local government leader with over 30 years of experience in the areas of general management, emergency management, organizational development, human resources, finance, information technology, and risk management. Cathy's key strengths are strategic planning, facilitation, team building, coaching, mentoring, and project management. As a developer of people and organizations, Cathy enjoys delivering best practices, new systems, and innovation. With a strategic entrepreneurial lens, Cathy has the ability to see enhanced levels of service delivery and to help organizations drive to reach the next level. Cathy was the former City Manager for the City of Sonoma and served as Emergency Services Director through numerous fires, floods, windstorms, and the COVID-19 pandemic while upgrading the City's emergency preparedness, community response, and systems. Cathy also led major improvements to the City's financial systems and resources including three successful revenue measures. Cathy also served at an executive level with the cities of Novato (Assistant City Manager), Citrus Heights (Administrative Services Director), and Davis (Deputy City Manager) Sue Casey (Consultant) - Sue is a passionate and goal -oriented management professional with expertise in the fields of finance, human resources, and organizational development. During her twenty -two-year career in the public sector, Sue managed numerous and diverse finance and human resource projects including the development of comprehensive and award -winning annual operational and capital improvement plans (CIP), budgets, financial forecasts, oversight of complex annual financial audits, recruitments of executive level, administrative and public works personnel, comprehensive compensation analysis, labor negotiations, and investigation matters regarding harassment and workplace misconduct issues. She provides financial and human resources consulting services including budgets, audit prep, policy development, accounting and payroll assistance, salary and classification studies, organizational assessments, as well as coaching and mentoring of new Managers, and Directors. In addition to operational CIP budget development, five-year financial forecasts, and oversight of financial audits, Sue's finance background includes system implementations for enterprise -wide financial systems, utility billing, payroll, and business licenses. She conducted two City Agency Assessment District bond re-fundings — a $5 million private placement offering and an $18 million public offering. Sue also successfully completed the refinancing of two redevelopment bonds, developed numerous City financial policies, oversaw water rate studies and proposition 218 processes, and developed RFP's for services such as audits, water rate studies, financial and organizational consultants, system acquisitions, and implementations. City of San Rafael MRG, LLC 3 MRG Patty will utilize other MRG team members as needed as subject matter experts to promptly provide project deliverables to the City. Our consultants have over three hundred years of combined experience working as executives and consultants, providing essential services and support to local, regional, and state government agencies. MRG prides itself in providing consulting services based on our hands-on experience in managing local, regional, and state governments as well as our experience in delivering products that meet and exceed our client's expectations. MRG is a great partnering resource for the City. MRG has fifteen years of experience providing consulting services for agencies and understands that each organization is unique. MRG strives to understand its client's expectations, organization, and practices. MRG consultants are experienced professionals with subject matter expertise to support and provide transformational services, forward -thinking recommendations, and focused implementation plans that are effective, practical, and sustainable. As you will hear from our references, we deliver modern, thoughtful, and strategic recommendations that reflect our clients' values and priorities. Below, please find the contact information for agencies we have provided similar Human Resources assistance: Marin Housing Service Area - Marin County Agency Type - Public Sector, Public Housing Anna Semenova, HR Coordinator asemenova@marinhousine.ore 415-510-2553 City of Novato Service Area - Novato, CA Agency Type - Public Sector, City Jessica Deakyne, Assistant City Manager ideakyne@novato.org 415-899-8903 University Medical Partners Service Area - Bay Area Agency Type - Private CA Corporation Dr. Sakhet Shah, Chief of Professional Affairs and Supportive Services saketshah@stanfordhealthcare.ors 925-314-2310 MRG proposes to provide the City with HR On Demand Services performed by our team of qualified Human Resources consultants. We can assist with virtually any Human Resources issue including policy review and updates, compensation and classification studies, workplace investigations, staff development programs, training, and coaching. MRG team members have led successful Human Resources efforts and fully understand the real -world challenges agencies face. City of San Rafael MRG, LLC 4 We are flexible. If our project's core team does not include the technical experience of a department, we will augment the team as needed. We can easily zero in on a particular service or function. We have a strong bias toward creating a sustainable organization versus one supported by consultants. Toward this end, we would promote consultants working with staff and not exclusively working for staff. Serving as a trusted advisor to HR and executive leadership, MRG Consultant Patty Francisco provides guidance from simple to more complex HR issues on a regular basis. With further review and research, Patty assists organizations in determining which concerns are escalated for legal review. On -Demand HR Services 1. Recruitment and Selection o Review job description and duties for possible updates o Prepare recruitment plan and outreach o Assist in the review process and candidate communications 2. Employee and Labor Relations o Liaison between employees and management, mediating and arbitrating disputes and grievances o HR negotiations strategy, data collection, and negotiations support 3. Policy/Procedures review and Leave Guidance o Review of HR policies and procedures o Reasonable Accommodation due process through interactive process meetings as needed o Tracking of cases and status updates of issues 4. Classification Analysis o Conduct job analysis, needs analysis and reclassification evaluations o Train staff on Classification and Compensation general practices o Analyzing data and information related to salary and compensation o Develop new, compliant job descriptions and related application materials, if necessary 5. Discipline and Retention Consider implementation of Coaching program associated with performance evaluation systems o Developing and administering performance improvement plans o Review current progressive discipline, employee, and agency documents to prepare disciplinary documentation 6. Organizational Assessments/Change Management o Department review forfunctional efficiencies, compliance, and best practice recommendations o Prepare and facilitate an internal customer service survey to assess the effectiveness of a department o Review the departmental structure, compare benchmarks to similar agencies o Assist in the messaging and strategic planning for Change Management in an agency to align with Executive mission and vision Workplace Investigations o Recommend initial intake and analysis of complaint to determine if an investigation is warranted. Review with HR to determine the best course of action o Coordinate with HR contact to schedule interviews with assigned investigator City of San Rafael MRG, LLC 5 6., MRG MRG uses a variety of processes to ensure effective project communications and project management. If preferred by the client, MRG will conduct regular project meetings via conference/video call, and/or distribute a regular project report to update City leadership. The HR On Demand Services will be invoiced on a monthly basis for actual hours and expenses incurred. MRG will invoice at the rate of $225 an hour for HR consulting services plus expenses up to a suggested contract amount of $50,000. The first anticipated deliverable for the classification and compensation project request is estimated at $38,250. See the rate chart below for additional services and their respective rates. Effective January 1, 2023 Rate Human Resources Professional Services/HR On Demand Services $225/hour Coaching, Professional Development $250/hour $300/hour Mary Egan, Principal Consultant Professional Services Custom Training quoted Investigative Services $325/hour Technical Support (MRG Staff) Mileage, Travel, Printing and Postage, etc. $95 At cost MRG may incur minor costs and expenses in performing consulting services. The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee. Reimbursable expenses include but are not limited to; mileage reimbursement at the current IRS rate per mile, postage, document production costs, transcripts, parking, tolls, and travel accommodations (such as hotel and airfare) as needed, and electronic files (zip drive) as needed. All costs and expenses will be charged at MRG's cost. At all times during this project engagement, MRG will be an independent contractor. Both agencies confirm the specialized services are distinct from tasks customarily performed by the Agency. The services of consultant specifically do not include hiring, firing, or supervising of any Agency personnel. Also, Consultant shall not have contracted or signing authority or act in the position of a Director or represent a management position at commission, Board or Council meetings. www.Solutions-MRG.com City of San Rafael MRG, LLC 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 01 04 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 v 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 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: Human Resources Project Manager: Marissa Sanchez c/o Alissa Curtin Extension: 3069 Contractor Name: Municipal Resource Group, LLC Contractor's Contact: Mary Egan Contact's Email: egan@solutions-mrg.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 enter a date. b. Email contract (in Word) and attachments to City 6/28/2023 AMC Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement X❑ 2 City Attorney 6/29/2023 and return to Project Manager 6/29/2023 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © NT 3 Department Director Approval of final agreement form to send to 6/29/2023 ® AMC contractor 6/29/2023 for MS 4 Project Manager Forward three (3) originals of final agreement to © AMC 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 Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 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 City of San Rafael - PSA_MRG_Renewal Contract_2023 Final Audit Report Created: 2023-07-03 By: alissa curtin (alissa.curtin@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAACAakp_h9dssMxEbyM3y7NMLOnMuZvoM6 2023-07-11 "City of San Rafael - PSA_MRG._Renewal Contract_2023" Histor y Document created by alissa curtin(alissa.curtin@cityofsanrafael.org) 2023-07-03 - 4:22:14 PM GMT E-► Document emailed to egan@solutions-mrg.com for signature 2023-07-03 - 4:24:24 PM GMT Email viewed by egan@solutions-mrg.com 2023-07-03 - 6:34:52 PM GMT 6© Signer egan@solutions-mrg.com entered name at signing as Mary Egan 2023-07-03 - 6:51:31 PM GMT !�© Document e-signed by Mary Egan (egan@solutions-mrg.com) Signature Date: 2023-07-03 - 6:51:33 PM GMT - Time Source: server 17y Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-07-03 - 6:51:34 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-07-03 - 8:27:16 PM GMT 6e Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-07-03 - 8:28:36 PM GMT - Time Source: server El Document emailed to cristinea@cityofsanrafael.org for signature 2023-07-03 - 8:28:37 PM GMT Email viewed by cristinea@cityofsanrafael.org 2023-07-07 - 5:37:50 PM GMT Q Adobe Acrobat Sign GSo Signer cristinea@cityofsanrafael.org entered name at signing as Cristine Alilovich 2023-07-07 - 5:38:24 PM GMT &o Document e-signed by Cristine Alilovich (cristinea@cityofsanrafael.org) Signature Date: 2023-07-07 - 5:38:26 PM GMT - Time Source: server C'y Document emailed to city.clerk@cityofsanrafael.org for signature 2023-07-07 - 5:38:28 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-07-10 - 2:45:44 PM GMT b© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-07-10 - 2:46:05 PM GMT 6o Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2023-07-10 - 2:46:07 PM GMT -Time Source: server �'� Document emailed to Nataly Torres (nataly.torres@cityofsanrafael.org) for approval 2023-07-10 - 2:46:08 PM GMT 60- Document approved by Nataly Torres (nataly.torres@cityofsanrafael.org) Approval Date: 2023-07-11 - 11:11:43 PM GMT - Time Source: server C'y Document emailed to city.clerk@cityofsanrafael.org for approval 2023-07-11 - 11:11:45 PM GMT n Email viewed by city.clerk@cityofsanrafael.org 2023-07-11-11:14:12 PM GMT &o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-07-11 - 11:14:37 PM GMT to Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2023-07-11 - 11:14:39 PM GMT - Time Source: server Agreement completed. 2023-07-11 - 11:14:39 PM GMT Q Adobe Acrobat Sign