HomeMy WebLinkAboutCM Education and Community Engagement Services; October 2023AGREEMENT 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 October 26, 2023 _ (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, the Marin
Community Foundation for $62,000, and the Governor's Office of Planning and Research for
$644,201 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 rates and rates
per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $120,000 for activities and
deliverables related to the State Coastal Conservancy grant and a total amount not to exceed $97,650 for
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activities and deliverables related to the Office of Planning & Research grant.
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.
TFRMINATInN
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) daytime period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur
additional obligations under any provision of this Agreement without the prior written consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials provided
to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the
performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later
than thirty (30) days after termination.
OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with the
performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property
for any purpose, including projects not contemplated by this Agreement.
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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
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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.
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
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To CONSULTANT's Project Director:
Aaron Burnett,
Director of Policy and Civic Engagement
91 Larkspur St
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 byway 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 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.
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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.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first
above written.
CITY OF SAN RAFA
Cristine Alilovich, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
By: GENEyIEVE COYLE,
Assistai it City Attorney
ATTEST:
City Clerk
Ar LINDSAY LARA, City Clerk
CONSULTANT:
Aaron Burnett
Director of Policy and Civic Engagement
[If CONSULTANT is a corporation, add signature of
second corporate officer]
l" '0. eftaAi -
Karen Rodriguez
CFO
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.
PROJECT DESCRIPTION
The purpose of this Project is to conduct a community -informed technical feasibility study of sea level rise
adaptation options along the greater Canal District shoreline of San Rafael ("Project Study Area"). It will
include robust engagement in our priority equity community census tracts ("Primary Engagement Area")
to ensure that underrepresented community members have a voice and that inclusive decision -making
guides the process. The City of San Rafael will work with the County of Marin and community -based
organization (CBO) project partners Canal Alliance and Multicultural Center of Marin ("Project Team") to
build capacity of the two community -based organizations by hiring one staff person per organization to
help lead the project and develop culturally relevant community engagement methods for these census
tracts, which have been identified as most vulnerable by the Bay Conservation and Development
Commission's 2020 Regional Sea Level Rise Vulnerability and Adaptation Study.
Geographically, the Project Study Area is the entire shoreline area within the boundaries of City of San
Rafael and can be loosely framed by downtown on the west, the Richmond -San Rafael Bridge to the east,
and McNears Beach to the north. The Project Study Area includes both sides of the San Rafael Canal.
The Project Team will conduct a technical feasibility study that considers nature -based, hybrid, and hard
infrastructure sea level rise adaptation measures within the Project Study Area. These will include but not
be limited to consideration of the full range of nature -based solutions such as ecotone levees and subtidal
habitat restoration, green -grey riprap, and traditional engineered solutions such as sea walls and a tide
gate at the mouth of the Canal. Through the technical feasibility study and collaborative community
planning process, a minimum of at least one project will be identified for further development and
implementation.
Additionally, the Project Team will produce community -developed policy language for the City's multi -
hazard climate adaptation plan (currently in development, anticipated completion in spring 2025), and
potentially other plans and guiding documents such as a proposed neighborhood specific plan, housing
plan or strategy, and other General Plan -related documents.
The Project will prototype and model a collaborative planning process that elevates the community's role
in decision -making to be used in future resilience and adaptation planning work and other critical local
policy decisions. Providing funding for staff at two community -based organizations will build capacity at
each to engage fully in the project and advocate on behalf of their constituents. An effectiveness
evaluation will summarize the process and guide future engagement efforts for the City and County.
CANAL ALLIANCE'S TASKS, DELIVERABLES, AND TIMELINES
A. STATE COASTAL CONSERVANCY SCOPE OF WORK & BUDGET
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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 Proiect 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 Study
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 Training
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.
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
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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) CEOs 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)
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
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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 Workshops
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
Task 5 Local Plan Inteeration
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 ON and Countv Leadershi
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
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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
Canal Alliance Project Budget for the City of San Rafael through State Coastal Conservancy Grant
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 [31
Task 4. Community Engagement $44 250
Task S. Reporting and Local and Regional Plan
$17,800
Integration
Task 6. Effectiveness Evaluation and Analysis $5,880
- - - — Staff Total — — — — - -- - — $112,360
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Direct Costs [2]
$�,600
Project Total $ 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 $S2
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.
B. OFFICE OF PLANNING & RESEARCH SCOPE OF WORK & BUDGET
Task 1: Physical science, community science & youth engagement
Task la (characterize climate hazards)
Support project team's development of projected flooding hazards, findings, and recommendations for
future monitoring by reviewing and providing feedback and analysis.
Task lb (community science)
Consultant will coordinate Canal students' participation in community -based science activities to build a
better understanding of climate, hydrology, sea level rise, and data -gathering methods. Consultant will
connect students in the University Prep (UP!) program with UC Berkeley students, faculty, and
government officials. Hire an UP! Student for a year -long fellowship and support students attending a
climate conference to build capacity and open educational and career opportunities in the adaptation
field.
Task 1 Deliverables: Student attendance at adaptation conference, community science events
successfully completed; bilingual video summary of the events produced.
Task 2: Vulnerability assessment including community asset mapping
Task 2a (vulnerability assessment)
Consultant will support the Project Team by reviewing and providing feedback on the vulnerability
report.
Task 2b (community asset mapping)
Consultant will support the Project Team's integration of community input provided through the
community asset mapping process into the vulnerability report.
Task 3: Prioritizing adaptation actions in concert with the community engagement
Task 3a (community engagement to discuss adaptation priorities)
Consultant will support Project Team's engagement of residents around the results of the vulnerability
analysis and help interpret and summarize what challenges residents feel should be prioritized moving
forward.
Task 3b (evaluate and prioritize adaptation actions)
Consultant will rank and prioritize adaptation measures where they are most needed, based upon the
community's expressed priorities and findings from the vulnerability analysis. These measures will be
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evaluated based on criteria developed collaboratively, but likely including their criticality, vulnerability,
public health and safety implications, costs, and co -benefits identified in 3A.
Task 3 Deliverables: contributing to and editing the final report on findings
Task 4: Final adaptation actions
Task 4a (prioritize adaptation actions)
Consultant will work with Project Team to ensure that all prior project activities feed directly into the
development of the final recommendations, which will present a prioritized set of actionable adaptation
actions. This will also include policy recommendations that would best address the Canal community's
adaptation priorities that are identified through this planning process.
Task 4b (final community engagement)
The consultant will work with the Project Team to co -host the final community engagements, which
focus on sharing the results and seeking the community's input on the most important adaptation
actions that should be prioritized.
Task 4 Deliverables: Final summary of community priorities and input including how the final
recommendations were changed to better reflect community priorities
Task 5: Track progress
Task 5a (grant management and reporting):
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.
Task 5b (developing project case study)
The consultant will collaborate with the Project Team to collaboratively write a case study and share
reflections that may be of interest to others confronting similar challenges statewide.
Task Sc (protect evaluation)
The Consultant will collaborate with the Project Team to evaluate the project continually throughout the
project, to adjust and refine activities as needed, and at the end of the project to evaluate the entire
collaboration.
Task 5 Deliverables: progress reports, invoices, and documentation; case study published and
available online; final evaluation report
Canal Alliance Project Budget for Office of Planning & Research Funded Grant
Task 1: Physical Science, community science & youth engagement $57,024
Task 2: Vulnerability assessment including community asset mapping $3,720
Task 3: Prioritize adaptation actions in concert with the community engagement $3,720
Task 4: Final adaptation actions $4,230
Task 5: Track progress $5,695
Direct Costs (Materials etc.) t $2,000
Travel Costs: Peer -to -peer learning supporting Canal Alliance student participants $2,524
New partnership development: Engagement, outreach, education and training T $6,000
Indirect Costs
$12,737
Project Total $ 97,650
[1] Staff costs billed at a rate per hour of $70 for the Director of Advocacy and Policy, at a rate of $52 for
the Policy Analyst, and at a rate of $25 for the Student Fellow. 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.
v 08.22 8
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 ISO form CG20 010413.
3. Except for professional liability insurance or workers' compensation insurance, the
insurance policies shall include, in theirtext or by endorsement, coveragefor contractual liability and personal
injury.
Rev. 08.22 B-1
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. CONSUTTANT
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 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,
08 22 B-2
claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the
following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a
copy of the policy declaration page and/or endorsement page listing all policy endorsements for the
commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing
the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified
copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not
constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency
by the CITY.
08.22 B-3
RAF,q�I
2
Ty, WITH 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 Burnette Contact's Email: Aaronb@canalailiance.org
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
n/a
b. Email contract (in Word) and attachments to City
7/7/2023
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X
2
City Attorney
a. Review, revise, and comment on draft agreement
7/23/2023
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
❑X
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
® 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
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
11/7/2023
KH
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
8
City Attorney
Review and approve insurance in PINS , and bonds
��" /
q
(for Public Works Contracts)
�f
9
City Manager / Mayor
Agreement executed by City Council authorized
J
s)
official
1
10
City Clerk
Attest signatures, retains original agreement and
/ ��
forwards copies to Project Manager4;�q
A -41