HomeMy WebLinkAboutCED Agreement for On-Call Planning and Environmental Consulting Services____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: June 17, 2024
Disposition: Authorized the City Manager to enter into a professional services agreement with M-
Group for on-call planning and environmental consulting services in an amount not to exceed
$250,000
Agenda Item No: 4.c
Meeting Date: June 17, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department
Prepared by: April Talley,
Project Director
City Manager Approval: ______________
TOPIC: AGREEMENT FOR ON-CALL PLANNING AND ENVIRONMENTAL CONSULTING
SERVICES
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH M-GROUP FOR ON-CALL PLANNING AND ENVIRONMENTAL
CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $250,000.
RECOMMENDATION:
Authorize the City Manager to enter into a Professional Services Agreement with M-Group for on-call
planning and environmental consulting services in an amount not to exceed $250,000.
BACKGROUND:
The M-Group has been providing on-call planning and environmental consulting services to provide
additional staff augmentation for increased development applications and to address short-term staffing
gaps. These conditions continue to exist and, therefore, necessitate the need for ongoing on-call
planning and environmental consulting services, especially as the department continues to process
applications for a myriad of lower-profile development applications and numerous larger residential
(Dominican Valley) and mixed-use (Northgate Mall) development applications. Because of the complexity
and amount of time involved in analyzing land use and environmental review applications, the department
continues to need assistance from land use and environmental consulting firms to provide guidance on
the CEQA process and to prepare the necessary land use and environmental documents.
ANALYSIS:
M-Group has consistently demonstrated that they have staff with the ability and flexibility to deliver high-
quality services. The firm has been instrumental in moving development applications through the City’s
entitlement phase in light of staffing challenges. As such, M-Group has been assigned project
management to complex development projects such as Northgate Town Square and has stepped in as
critical support by providing staffing assistance processing minor land use permits as well as preparing
and reviewing environmental documents.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Staff is seeking to extend the on-call planning and environmental consulting services from M-Group
through December 2025 with a total contract not to exceed $250,000. This will cover existing
commitments for project management, as well as allow staff to request assistance from the firm as
needed on a project-by-project basis. The CED Director will review and approve each individual project,
scope of work and cost estimates, as they are needed. Copies of the Professional Services Agreement,
along with associated cost estimates, are attached.
FISCAL IMPACT:
The total amount of the not-to-exceed agreement is $250,000. City initiated projects would be paid
through the Community and Economic Development Department’s professional services budget.
Services for private development projects would be reimbursed by developer deposits and would not
have a fiscal impact on the City’s budget.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Authorize the City Manager to enter into the agreement;
2.Authorize the City Manager to enter into the agreement with modifications;
3.Direct staff to return with more information; or
4. Take no action.
RECOMMENDED ACTION:
Authorize the City Manager to enter into a Professional Services Agreement with M-Group for on-call
planning and environmental consulting services in an amount not to exceed $250,000.
ATTACHMENTS:
1.Professional Services Agreement with M-Group for on call planning and environmental
consulting services.
2.M-Group Staffing Amendment Proposal
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
METROPOLITAN PLANNING GROUP DBA M-GROUP
FOR ON -CALL PLANNING AND ENVIRONMENTAL REVIEW SERVICES
This Agreement is made and entered into as of Sep 3, 2024 (the "Effective
Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and Metropolitan Planning Group dba M-Group, a California 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 desires to secure professional services more fully described in this
Agreement, at F,xhibit 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 7, 2024 ("Proposal") set forth in
[' xitibit 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 08 22
$250,000.
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, 2025.
4. PROJECT COORDINATION.
A. CITY'S Project Manager. Community and Economic Development Director 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. Heather Hines 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.
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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.
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,
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 LAWC.
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.
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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:
Micah Hinkle, Community and Economic Heather Hines, Principal
Development Director 1275 4 h Street, 4265
1400 Fifth Avenue Santa Rosa, CA 9504
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.
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
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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,
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.
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[Signatures are on the following page.]
�0922
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
Cristine Alilovioh
.06 (Sep 3, 2024 21:09 PDT)
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
'obese -f Ensteih
Robert F. Epstein (Sep 3, 2 2418:39 PDT)
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
'l(
&enna Nutmi 1f00 (Sep i, 2024 GDS1 PDT)
LINDSAY LARA, City Clerk
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CONSULTANT:
By: />
Name: Heather Hines
Title: Principal
[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
Exhibit A
idM- G R O U P a new design on urban planning
G A O U n policy planning • urban design • environmental review • historic preservation • community engagement • staffing solutions
June 7, 2024
Micah Hinkle
Director of Community and Economic Development Administration and Innovation
City of San Rafael
1400 Fifth Avenue, Top Floor
San Rafael, CA 94901
Dear Micah,
I am pleased to prepare this letter proposal to renew M-Group's contract with the City of San Rafael. We
pride ourselves on ongoing work with our clients to prepare quality work product with flexibility to
respond to each jurisdiction's changing needs and timelines. M-Group has provided staffing assistance
to the City of San Rafael since 2014and our team looks forward to continuing that work with you and
your staff.
This contract is intended to augment and extend our current contract for staffing support. Under this
contract, M-Group will provide professional planning services for development and environmental
review projects assigned by the City. More specifically, these services will generally consist of, but not be
limited to, the following:
• Review development project materials and environmental technical studies as needed
• Writing of reports, correspondence, findings, and conditions of approval
• Attend meetings with applicants and City staff
• Complete research and make recommendations
• Conduct site inspections
• Attend and presentation at public meetings such as Design Review Board, Planning Commission,
and City Council
M-Group will also provide on call environmental review services for project level environmental review.
A separate project level budget may be required at the direction of staff for more complex
environmental review assignments to ensure full cost recovery capture. These services may include, but
are not limited to, the following:
• Expanded justifications for categorical and statutory exemptions
• Consistency analysis
• Initial Studies
• Negative Declarations and Mitigated Negative Declarations
• Environmental Impact Reports
• Project management of environmental analysis
• Peer review of environmental documents and technical studies
m-group.us 1275 4th Street #265, Santa Rosa, CA 95404 707.540.0723
Additionally, M-Group may provide professional planning services to assist the City with advanced
planning and special projects as requested by the City. These services may include, but are not limited
to, the following:
• City initiated zoning updates
• Annual Housing Element Report
• Environmental review of City projects
• Public outreach and educational efforts on advanced planning and policy issues
• Project management for city led initiatives
This contract will extend to December 31, 2025 and will be charged on a time and materials basis. There
is a not to exceed budget of $250,000 for work under this contract. M-Group's 2024 hourly rates are
attached, and rates will be charged based on the position assigned to a specific project under agreement
with the City. These rates shall be subject to annual review on January 15t of each year consistent with
M-Group's standard annual rate increases. Charges will be billed monthly.
Please let me know if there is anything additional needed at this time. I look forward to continuing to
work together.
Sincerely,
HEATHER HINES
Principal
hhines@m-group.us
707.318.6208
Attachments:
M-Group 2024 rate sheet
Cc: Margaret Kavanaugh -Lynch, Planning Manager
April Talley, Project Director
m-group.us 1275 4th Street #265, Santa Rosa, CA 95404 707.540.0723
M-GROUP 1 2024 RATESHEET
M-GROUP STAFF
2024 HOURLY RATES
Admin Analyst
Planning Tech
$95
Assistant Planner
Assistant Urban Designer
$115
Social Media Coordinator
Associate Planner
Associate Urban Designer
$145
GIS Services
Environmental Planner
Historic Preservation Specialist
$160
Public Art Specialist
Senior Planner
Senior Urban Designer
$175
Senior Environmental Planner
Project Manager
$185
Principal Planner
Principal Environmental Planner
Principal Policy Planner
$195
Director of Urban Design
Principal
$280-$300
* M-Group will invoice the client by billable hours per month.
* Hourly rates are subject to annual adjustment on January 1It
* M-Group adds a 10% administration fee to Subconsultant rates.
H n o 0
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 ofthis 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 0822 B-1
ISO form CG20 01 04 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or workers' compensation
in their text or by endorsement, coverage for
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. CONSUTLAN'ii 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.
v 09 22 B-3
m -group a new design on urban planning
policy planning urban design environmental review historic preservation community engagement staffing solutions
m-group.us 1275 4th Street #265, Santa Rosa, CA 95404 707.540.0723
June 7, 2024
Micah Hinkle
Director of Community and Economic Development Administration and Innovation
City of San Rafael
1400 Fifth Avenue, Top Floor
San Rafael, CA 94901
Dear Micah,
I am pleased to prepare this letter proposal to renew M-Group’s contract with the City of San Rafael. We
pride ourselves on ongoing work with our clients to prepare quality work product with flexibility to
respond to each jurisdiction’s changing needs and timelines. M -Group has provided staffing assistance
to the City of San Rafael since 2014and our team looks forward to continuing that work with you and
your staff.
This contract is intended to augment and extend our current contract for staffing support. Under this
contract, M-Group will provide professional planning services for development and environmental
review projects assigned by the City. More specifically, these services will generally consist of, but not be
limited to, the following:
• Review development project materials and environmental technical studies as needed
• Writing of reports, correspondence, findings, and conditions of approval
• Attend meetings with applicants and City staff
• Complete research and make recommendations
• Conduct site inspections
• Attend and presentation at public meetings such as Design Review Board, Planning Commission,
and City Council
M-Group will also provide on call environmental review services for project level environmental review.
A separate project level budget may be required at the direction of staff for more complex
environmental review assignments to ensure full cost recovery capture. These services may include, but
are not limited to, the following:
• Expanded justifications for categorical and statutory exemptions
• Consistency analysis
• Initial Studies
• Negative Declarations and Mitigated Negative Declarations
• Environmental Impact Reports
• Project management of environmental analysis
• Peer review of environmental documents and technical studies
m-group.us 1275 4th Street #265, Santa Rosa, CA 95404 707.540.0723
Additionally, M-Group may provide professional planning services to assist the City with advanced
planning and special projects as requested by the City. These services may include, but are not limited
to, the following:
• City initiated zoning updates
• Annual Housing Element Report
• Environmental review of City projects
• Public outreach and educational efforts on advanced planning and policy issues
• Project management for city led initiatives
This contract will extend to December 31, 2025 and will be charged on a time and materials basis. There
is a not to exceed budget of $250,000 for work under this contract. M-Group’s 2024 hourly rates are
attached, and rates will be charged based on the position assigned to a specific project under agreement
with the City. These rates shall be subject to annual review on January 1st of each year consistent with
M-Group’s standard annual rate increases. Charges will be billed monthly.
Please let me know if there is anything additional needed at this time. I look forward to continuing to
work together.
Sincerely,
HEATHER HINES
Principal
hhines@m-group.us
707.318.6208
Attachments:
M-Group 2024 rate sheet
Cc: Margaret Kavanaugh-Lynch, Planning Manager
April Talley, Project Director