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Att B - AGR HTA Consulting San Pablo Promise Evaluation Services FY23-26

San Pablo City Council
January 16, 2024

Document
Att B - AGR HTA Consulting San Pablo Promise Evaluation Services FY23-26
Meeting
January 16, 2024
Body
San Pablo City Council
Pages
18
Original file
770 KB
Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.
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CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT (“Agreement”), effective the 1st day of November, 2023 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and Hatchuel Tabernik & Associates, Inc., a California corporation, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

RECITALS

WHEREAS, the City desires to engage a consultant to provide evaluation and reporting services of the San Pablo Scholarship Program (“Services”) as further set forth in this Agreement;

WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and

WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services . Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request f or Bids, dated August 23, 2023 and any addenda thereto (“ RFB”), attached as Exhibit A and incorporated herein, the scope of services set forth in Consultant’s proposal submitted September 18, 2023 (“Proposal”), attached as Exhibit B and incorporated herein , and the scope of services as it relates to reporting and invoicing (Reporting and Invoice Schedule), attached as Exhibit C and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFB, the Proposal, and this Agreement , the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“ Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”

B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession ; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Servic es or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitute s a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a

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mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.

D. Time is of the Essence . In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”

E. Primary Service Provider. The City has approved of Mayte Cruz as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Consultant must also post all job site notices required by laws or regulations purs uant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days an d hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations

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(“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

5. DIR Monitoring, Enforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.

The registration require ments of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.

(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed $60,000 (Sixty thousand dollars) as follows:

FY 23-24
Total
not to exceed
FY 24-25
Total
not to exceed
FY 25-26
Total
not to exceed
Evaluation – San Pablo
Scholarship Pilot
$ 20,000 $ 20,000 $ 20,000

Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding ca lendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.

(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services perfor med without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” t he Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this

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Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.

(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on July 31, 2026. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.

(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager.

(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.

Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.

(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date ; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above .

Consultant is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertisi ng, and all other expenses incurred by Consultant in the performance of this Agreement.

(8) Advice and Status Reporting. Consultant will provide the City with timely reports as detailed in Exhibit C, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and informa tion.

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Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.

(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of th is Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement.

(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcont ract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating th at the total contract amount represents compensation for multiple documents or reports.

(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.

(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, r eview, survey, examination, excerpt or transcript.

(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (13) will survive expiration of the Term or termination of the Agreement.

(14) Assignment of Personnel. Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

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(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “V II” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense an d deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agre ement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits. Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .

The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requ irements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:

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a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.

b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be s ubmitted to the City before Consultant may begin performing Services under this Agreement.

B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to co mply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

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2. Notice: Each insurance policy require d by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least thirty ( 30) days written notice to the City, unless due to non - payment of premiums, in which case ten (10) days written notice is required.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, C onsultant must disclose the amounts of the deductibles and self -insured retentions that apply to the required policies. If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses an d related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or Subcontractors . Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Servic es, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon req uest by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.

(16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if th e Services to be provided by Consultant are “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines,

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and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obl igation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consider ation, and that these provisions survive the termination of this Agreement.

B. Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs

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shall not e xceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person

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because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510 -215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opp ortunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience . City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of oth ers.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

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C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.

(21) Ownership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computation s and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.

(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.

(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.

(25) No Third -Party Rights . The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this Agreement be declared by a final d ecision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

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(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California , and venue for any legal a ction arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.

(29) Breach. In the event that Consultant fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.

(30) Inspection by Other Agencies . Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.

(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant furth er warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City staff, that Consultant meets the criteria of section 18701 of the FPPC regulations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.

(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

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(36) Multiple Copies of Agreement . Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.

(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Consultant: Danielle Toussaint, Chief Executive Officer Hatchuel, Tabernik & Associates
2560 Ninth Street, Suite 319A
Berkeley, CA 94710

To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.

(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.

___ This Agreement is subject to federal funding. See Exhibit C.

X This Agreement is not subject to federal funding.

(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

__ This Agreement is subject to funding by Caltrans. See Exhibit D.

X This Agreement is not subject to funding by Caltrans.

IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

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APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation

By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager

Date signed: _______________________ Date signed:___________________________

HATCHUEL TABERNICK & ASSOCIATES,
INC.
a California corporation

By ___________________________________
Danielle Toussaint, Chief Executive Officer

Date signed:___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk

Attachments: Exhibit A: Request for Bids, dated August 23, 2023 Exhibit B: Consultant’s Proposal, dated September 18, 2023 Exhibit C: Reporting and Invoice Schedule

City of San Pablo Youth, Schools, and Community Partnerships Request for Consulting Services
August 2023
Consultant Services Requested to lead the Evaluation of the San Pablo Scholarship Pilot Program
This document provides an overview of the evaluation services requested by the City of San Pablo’s Youth, Schools, and Community Partnerships (YSCP) Division.

YSCP Division Contacts
Jora Atienza Washington, Community Services Manager, [email protected], 510-318-3092 Lizett Ponce, Community Services Supervisor, [email protected], 510-318-3083 Paola Cubías-Shirazi, Community Services Coordinator II, [email protected], 510-318-3086 Response Requested by September 18, 2023
Please include a Narrative Proposal, Team Qualifications, Project Timeline, Project Budget

City of San Pablo Youth, Schools, and Community Partnerships Request for Consulting Services
Evaluation of the San Pablo Scholarship Pilot Program
Project Timeline: Three years FY23-24, FY24-25, FY25-26 Contract Timeline: Annual; To be informed by the evaluation timeline Project Budget: $20,000 FY 23-24; $60,000 over three years.

The San Pablo Scholarship Pilot Program evaluation is emerging through the development of the program. To date YSCP has prepared Key Learning Questions to guide the team’s internal evaluation activities. The learning questions and proposed evaluation activities are listed below.

The contractor selected will guide the evaluation design for the Pilot Program. The contractor will be responsible for the following deliverables:
• Design Evaluation Timeline and Activities that address the Key Learning Questions • Data Collection through Evaluation Activities
• Annual Summary of Evaluation Findings
Key Topics Learning Questions
San Pablo
Scholarship Pilot
Logistics: How should scholars be selected?
What are the requirements for the scholarship application? How do we reach students most in need?
Purpose: What resources, services, and opportunities should the scholarship support? What trades/workforce should be included in the pilot?
Looking ahead: How can the scholarship be scalable? What are other sources of funding support?
College and Career
Readiness
Landscape: How do families currently get information about postsecondary opportunities? How do family responsibilities impact youth postsecondary pursuits? What certificates, trades, and other programs are youth interested in? What programs have helped families the most in getting ready for college?
Partners: What does engagement with WCCUSD or individual schools look like? What services do schools provide? What kind of tutoring do students need? What gaps are present in college and career readiness? What does engagement with trade organizations, schools, or labor unions look like?

City of San Pablo Youth, Schools, and Community Partnerships Request for Consulting Services

Evaluation Activities for San Pablo Scholarship Pilot Program Stakeholder
Interviews

Stakeholder interviews may be conducted to capture qualitative data from key stakeholders.

Document
Review
City & Evaluator may request to review documents related to the scholarship pilot.

Population
level data
City & Evaluator may collect and analyze publicly available population level indicators to include in the findings report.

Program level
data:

Some of the indicators that the City is interested in tracking are:
- Rate of student scholarship acceptance
- Postsecondary institutions attended by scholarship recipients - Postsecondary enrollment, retention, progression, and completion - Degrees or certificates earned by scholarship recipients

Implementation
Evaluation

Document program enrollment and attendance data into the City Span database. Includes demographics of the student population served

Youth Surveys Program Administrator required to administer youth surveys.

2560 Ninth Street, Suite 319A
Berkeley, CA 94710
p: 510-559-3193
f: 510-486-8001
www.htaconsulting.com

Response to RFP
Date: September 18, 2023
To: Paola Cubías-Shirazi, Community Services Coordinator II Jora Atienza Washington, Community Services Supervisor
Lizett Ponce, Community Services Supervisor
Youth, Schools, and Community Partnerships Division, City of San Pablo From: Danielle Toussaint, PhD, Chief Executive Officer CC: Mayte Cruz, MPP, Associate
RE: Evaluation of the San Pablo Scholarship Pilot Program, 2023-2026

Narrative Proposal
This proposal captures how we can support the work of the City of San Pablo based on our preliminary conversations with Paola Cubías-Shirazi, Community Services Coordinator II, and our review of the RFP and the Scholarship Pilot Program web page. We welcome suggestions for modifications or additions to this proposal in order to ensure that it adequately serves your organizational needs.

Launch. HTA will kick off the project with a videoconference call with Paola Cubías-Shirazi, Community Services Coordinator II, and any other pertinent parties to review the expectations, roles, and a project timeline. We will walk through the proposed evaluation and work plan in the proposal, clarifying roles and responsibilities around guiding questions, goals and objectives, and data collection. We will also ask for additional background materials relevant to the project (e.g., program documents, existing forms, implementation plans, etc.), and discuss the implementation progress to date. We will schedule a follow-up meeting, as needed to discuss the background materials and clarify the direction of the evaluation.

Developing the Evaluation Framework. After the launch, HTA will develop a mixed-methods evaluation framework for assessing the three years of pilot implementation by producing the following instruments and plans:
o Key informant interview/focus group protocols to solicit feedback from key City of San Pablo program staff, partnering school and student program representatives (i.e., Richmond High School counselors and college/career staff, the Richmond Promise, RYSE, etc.) on their perspectives regarding the logistics of scholar selection, purpose of scholarship support, perspectives on scalability, trades/key sectors that should be considered for the pilot, and other sources of funding
o Surveys of Scholars exploring where they get information on postsecondary opportunities, the balance between family responsibilities and postsecondary enrollment, career tracks of Prepared by Hatchuel Tabernik & Associates Page 2
interest, which high school or community programs helped them the most in navigating postsecondary opportunities, and where the gaps exist in the search. o Key informant interview/focus group conducted with a selected group of Scholars and their parents/guardians to further explore issues raised in the survey. We have budgeted for up to 20 gift cards of $25 each if needed to incentivize Scholar and parent/guardian participation. o A plan for collecting and synthesizing publicly available educational outcome data and program output/outcome data related to the Scholarship Pilot Program. For example, program data might include indicators such as the number of applicants, the number of scholars, average GPAs and test scores, the level of collaboration between City of San Pablo staff and school and program partners, the level of funding available, the postsecondary programs in which Scholars are enrolling, etc. The publicly available data might include indicators such as the number and percent of students graduating each year from San Pablo schools (i.e., Richmond HS, Leadership Public Schools-Richmond, and Middle College), number and percent of graduating students who enroll in college, etc. which can be found in the California Department of Education DataQuest website.

Each year, the evaluation plan and instruments will be reviewed and adjusted as needed.

Annual Data Collection, Analysis, and Reporting. Once the plan is specified, HTA will begin collecting data in the school year and analyzing the data in the spring, with the goal of producing a final draft of an annual report in June. The following data would be collected, analyzed, and reported on each year:
o Up to 6 hours of interviews and focus groups (with 10-20 participants, depending on response rates and format)
o Scholar Surveys (estimated to be 75 in Year 1, 110 in Year 2, and 150 in Year 3) o Aggregated publicly available data on the potential applicant pool (i.e., Recent high school graduates or GED holders who are residents of the City of San Pablo) o Aggregated program data on applicants and selected Scholars In June of each year, HTA will produce a brief annual evaluation report summarizing the key findings from the evaluation of quantitative and qualitative data sources, key lessons learned, and recommendations relevant for the following year of implementation. After the first year, the reports will include references to prior years in order to identify any trends, both positive and negative.

Across all of these phases, HTA will communicate regularly with the client to report on progress and communicate immediately about any challenges that may delay the evaluation work plan.

Team Qualifications
HTA has been designing and conducting program evaluations since 1996. In the past five years alone, HTA has provided evaluation services to over 65 agencies and planned and conducted over 110 distinct evaluations. Our clients for evaluation projects have included scores of Bay Area school districts, Community Colleges, County Offices of Education, city and county agencies, cross-agency collaboratives, community-based organizations, universities, and private foundations.

Prepared by Hatchuel Tabernik & Associates Page 3
From our experiences as social service practitioners and as researchers, planners, and evaluators, we understand that complex social issues require collaborative and comprehensive solutions in order to truly move the needle and create lasting social change. We have helped many agencies design strategic and evaluation plans that enhance their capacity to deliver effective services and supports to community members in a collaborative, systematic and intentional way.

HTA provides a team approach to evaluation projects assigning staff to each project to meet the unique needs of each client. For this particular project we suggest the following staffing:
• Mayte Cruz, MPP, Evaluation Associate, brings over eight years of experience in program evaluation and mixed-methods research in workforce development, human services, public health, and restorative justice. She currently leads the five-year evaluation of the Diablo Valley College’s PUMA STEM Scholars Program, where she collects and analyzes qualitative and quantitative data on participating scholars and provides real-time feedback to the client for quality improvement, including thinking through outreach and recruitment strategies with the client. Ms. Cruz received her Bachelor’s Degree as a double major in International Development Studies and Spanish from the University of California, Los Angeles (2011), where she then earned her Master’s Degree in Public Policy (2015). She has native/bilingual proficiency in Spanish. Ms. Cruz will be responsible for the evaluation planning and design, and will manage the analyses and reporting of results. She will work with other HTA team members to manage the project and to facilitate or co-facilitate meetings. • Rachel Maas, MPH, Evaluation Associate, brings over five years of experience in public health research and evaluation as well as nonprofit development and administration. Her research interests include social determinants of health, health equity, and upstream public health interventions. As an Evaluation Associate at HTA, she co-led with Ms. Cruz the 2021-23 evaluation of Alameda County Office of Education’s Community Exemplary Schools for Success program, which aimed to help five existing community schools in Alameda County through intensive capacity building and continuous quality improvement. Ms. Maas received her Master’s in Public Health with a concentration in Health and Social Behavior from the University of California, Berkeley (2020). Ms. Maas will assist the evaluation project lead in data collection, analysis, and reporting.
• Kristie Glatze, Chief of Evaluation, has sixteen years of evaluation and consulting experience and has conducted a number of evaluations of after-school, health education, and social service programs. She conducts and oversees others conducting site visits, key informant interviews, program activity observations, and she helps to design and oversee online and hard copy survey administration. From 2017-2021, Ms. Glatze was the lead evaluator on a multi-year AnitaB.org scholarship program targeted to African-American/Black and Hispanic/Latina students in their third and fourth years of study in technical computing fields such as computer science/ informatics and computer engineering to attend an annual international conference of women technologists. Ms. Glatze received her BA in Liberal Studies from California State University, East Bay, and has taken formal education and counseling courses at Saint Mary’s College in Prepared by Hatchuel Tabernik & Associates Page 4
Moraga. Ms. Glatze will oversee the project lead in instrument development, analysis, and reporting.
• Danielle Toussaint, PhD, Chief Executive Officer, has over twenty years of experience in research, evaluation, and consulting, including key roles on cross-site, multi-year federally funded projects with experimental, quasi-experimental, or cross-sectional designs. Her broad content knowledge includes early childhood development, K-12 education, postsecondary education, public health, juvenile and criminal justice, ATOD prevention and treatment, co-occurring mental health disorders, adolescent risk-taking behavior, and statistics. Dr. Toussaint has been the lead evaluator on a California State University East Bay Promise Neighborhood education grant based in Hayward. The program involves multiple partnering agencies, such as Hayward Unified School District, Chabot College, CSUEB, City of Hayward among others who deliver cradle to career services to all children, ages 0-18 years, who live in Hayward. She provides project oversight and management, evaluation plan design, quantitative and qualitative analysis, and oversees reporting of results to clients and funders. Dr. Toussaint earned her Doctor of Philosophy (PhD) in Sociology with a concentration in Criminology and Statistics from The University of Texas at Austin (2002). Dr. Toussaint will be responsible for the general management of the evaluation project and oversee the work of the other HTA team members.

Project Timeline
Below we present the proposed timeline, subject to change. We understand that Year 1 has already happened and thus will be on an accelerated timeline and overlap with Year 2 evaluation activities.

Year 1
Cohort
Year 2
Cohort
Year 3
Cohort
Planning Launch evaluation Fall ‘23 -- --
Follow-up Discovery Meeting Fall ‘23 -- --
Develop/update evaluation plan Fall ‘23 -- Summer ‘25
Develop/update Scholar survey Fall ‘23 Summer ‘24 Summer ‘25 Develop/update interview/focus group
protocols
Fall ‘23 Summer ‘24 Summer ‘25
Data
Collection &
Analysis
Collect program data Fall ‘23 Fall ‘24 Fall ‘25
Collect publicly available data Fall ‘23 Fall ‘24 Fall ‘25 Conduct interviews with key City of
San Pablo program staff, partnering
school and student program
representatives
Spring ‘24 Fall ‘24 Spring ‘25
Administer Scholar survey Spring ‘24 Spring ‘25 Spring ‘25 Analyze interview and survey data Spring ‘24 Spring ‘25 Spring ‘25 Conduct focus groups with selected
Scholars and their parent/guardians
Spring ‘24 Spring ‘25 Spring ‘25
Analyze final focus groups Summer ‘24 Spring ‘25 Spring ‘25 Prepared by Hatchuel Tabernik & Associates Page 5
Reporting Draft Annual Report and solicit
feedback from YSCP Division
Summer ‘24 Summer ‘25 Summer ‘26
Present Annual Report to YSCP Division Summer ‘24 Summer ‘25 Summer ‘26

Project Budget
Assuming that there is no substantive change in the scope of work, the City of San Pablo will be billed a flat fee of $60,000 to be invoiced in quarterly payments according to the following schedule:

1. October 2023 (Upon engagement)

2. January 2024

3. April 2024

4. July 2024

5. October 2024

6. January 2025

7. April 2025

8. July 2025

9. October 2025

10. January 2026

11. April 2026

12. July 2026 (Final Payment upon
presentation of Final Deliverable)

Pricing of services is calculated based on the following hourly rates:

CEO $275/hr Chief $225/hr Senior Associate $200/hr Associate $175/hr Data Entry $100/hr

Administrative costs. There is a 3% administrative fee applied to each project. The administrative fee includes such items as printing, supplies, mailing/shipping, software subscriptions (statistical and survey packages, graphics software, and mapping systems), and tolls/parking for local travel. Please note for projects with extensive travel there might be additional line items for mileage, airfare/car rentals or hotels.

Year 1 (September 2023 – June 2024)
Activity Total
Hours
Total
Cost
Start Up
Project Launch Meeting + Prep time

Discovery Session

Subtotal 7 $1,325
Evaluation Plan
Evaluation Plan

Subtotal 4 $700
Instrument Design
Stakeholder Interview Protocols

Data Requests: Programmatic

Youth Survey

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Activity Total
Hours
Total
Cost
Case log to track program-level data

Subtotal 19 $3,425
Data Collection
Youth Surveys

Stakeholder Interviews and/or Focus Groups up to 6 Hours

Archival Data/ Program Documents

Population-level data

Subtotal 13 $2,275
Data Analysis
Survey Analysis

Stakeholder Interview Analysis

Archival Data Analysis

Population-level Data Analysis

Subtotal 24 $4,200
Reporting
Yr1 Summary of Evaluation Findings

Subtotal 24 $4,225
Additional Tasks [October 2023-June 2024]
Project Management
Project Management

Subtotal 6 $1,050
Meetings/Facilitation
Bi-monthly project check-ins

Subtotal 10 $1,750
Administrative Cost @ 3% $550
Additional Expenses
Interview/Focus group gift cards

Subtotal

$500
Total Cost 107 $20,000

Year 2 (July 2024 – June 2025)
Activity Total
Hours
Total
Cost
Evaluation Plan
Evaluation Plan Updates

Subtotal 2 $350
Instrument Design
Stakeholder Interview Protocols

Data Requests: Programmatic and Population-level Data

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Activity Total
Hours
Total
Cost
Youth Survey

Subtotal 13 $2,275
Data Collection
Youth Surveys

Stakeholder Interviews and/or Focus Groups up to 6 Hours

Archival Data/ Program Documents

Population-level data

Subtotal 14 $2,450
Subtotal 0 $0
Data Analysis
Survey Analysis

Stakeholder Interview Analysis

Archival Data Analysis

Population-level Data Analysis

Subtotal 25 $4,375
Reporting
Yr 2 Summary of Evaluation Findings

Subtotal 32 $5,650
Project Management
Project Management

Subtotal 10 $1,750
Meetings/Facilitation
Bi-monthly project check-ins

Subtotal 12 $2,100
Pre-Admin Cost Labor Subtotal 108 $18,950
Administrative Cost @ 3% $550
Additional Expenses
Interviews/Focus group gift cards

Subtotal

$500
Total Cost 108 $20,000

Year 3 (July 2025 – June 2026)
Activity

Total
Hours
Total
Cost
Evaluation Plan
Evaluation Plan Updates

Subtotal 2 $350
Instrument Design
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Activity

Total
Hours
Total
Cost
Focus Group Protocol

Data Requests: Programmatic and Population-level Data

Youth Survey

Subtotal 11 $1,925
Data Collection
Youth Surveys

Stakeholder Interviews and/or Focus Groups up to 6 Hours

Archival Data/ Program Documents

Population-level data

Subtotal 14 $2,450
Data Analysis
Survey Analysis

Focus Group Analysis

Archival Data Analysis

Population-level Data Analysis

Subtotal 23 $4,025
Reporting
Final Yr 1-3 Summary of Evaluation Findings

Subtotal 36 $6,350
Project Management
Project Management

Subtotal 10 $1,750
Meetings/Facilitation
Bi-monthly project check-ins

Subtotal 12 $2,100
Administrative Cost @ 3% $550
Additional Expenses
Interview/Focus group gift cards

Subtotal

$500
Total Cost 108 $20,000

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Exhibit C
SCOPE OF SERVICES: REPORTING AND INVOICE SCHEDULE

REPORTING GUIDELINES
All reports required from Agency under this Agreement shall be submitted by the designated deadlines. If reports are not received in a timely manner or not completed, invoices will be held for payment until all pending reports are received and approved. All reporting documents should be submitted to:

Paola Cubías-Shirazi
Youth, School, and Community Partnerships Division
Community Services Department
1000 Gateway Avenue, San Pablo, CA 94806
[email protected]

Required quarterly reports

1. Contractor’s Invoice Form shall be submitted by the tenth working day of the month on a quarterly basis.

2. A Project Status Report that logs hours and briefly describes project progress shall be submitted with each invoice, or a comparable agency report.

3. The final Invoice and Report must be submitted by the tenth working day of July 2026.

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