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CA Focus on Chronic Inebriates in San Rafael[TWERINNITITUVWIT11 This Agreement is made and entered intothis 13 Ali day of November, 2015. by and betwea the CITY OF SAN RAFAEL (hereinafter "CITY"). and G. Daniel Bowling (hereinaft "CONTRACTOR"). i 1714EICiAS, the CITY is committed to addressing the problems and impacts of chro inebriates on the downtown areas of San Rafael. and i 1111EWAS, CONTRACTOR has the background and expertise to bring stakeholders together and facilitate the identification of solutions to the problems and impacts of chronic inebriates on the downtown areas of San Rafael; AGREEMENT CITY'S Project Manager. The City Attorney 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. CONTRACTOR shall perform the duties and/or provide services as described in ths Proposal letter dated October 22, 2-0 15. attached hereto as Exhibit A. CITY shall pay the compensation as provided in Paragraph 4, and cooperate wig CONTRACTOR in performina the services specified in Exhibit A, including providing meetirm, places in connection with such services. For the full performance of the services described herein by CONTRACTOR, CITY shall *f for his reasonable expenses incurred in performing these services. in a total amount not to exceed $20,000. PaYment will be made morithly upon receipt by 1.)R(.)J[E(..,,r MANAGER of iternized ni,�,olces submitted by CONTR.. CTOR, TERM 0F.AGlU-'II'MF',NT. ................................— The ...............................— The term of this A.Lueement shall cornmence as ol'the date first hereinabove written and shall end on Noveniber,30,2016. Upon mutual written agree.menii. of tile parties, and subJect to the k,..ipprowal of the City Manager tile ten n ol'Lhis Agreement may be extended.kir an additional period 01'sigin. mondis. 6. TEMI[NATION. A. Discrefionary. 1"ither pwty may lerminate this Agreement wity oul. cause upon thirty (30) day's written notice mailed or personaHy delivere(I to the other party. B. Cause,, Eftlum, party, maY tenninate this Agrement fior caus(..- uj)(.)rI fifiteen (15) days written nmice mi -tiled or personafl ' y, defix,ered to (lie other party, and the nolified pawly's filih.we 'to cure or correct the cause ofthe �emiirv.uion, to the reasonable satisfaction of the parl,,,, giving such notice, witNn such fi fteen (1 15) daY time period. C Effect of Termination. Upon receipt of'notice of temination, neither parly shall incur additional ol-)ligations under any prov I is i . on ofthisAgreement without the prior wriaen c"orisent ofthe other. D. Return of Docunients. Upon termination,, an , V and ,,dl CITY (10CLIT.Tielits or materials providcd to WN11W.,"FOR and ,,m.y and all of' CONTRACTOR's documents axil rnaterials prepm-ed foi or relating to the perl'onnance ofIa. s dulks under this Afgreemem, sh"fll be delivered to CIT'Yas soon as possiblic, but not later lKan thirtly (.-30) days after ler-minafiorr, .0 WNERS1 HP OF 1)(1)(2MIENTS. the written docutnents and materials prepared by the (...',ONTIZACTOR in connection with the performance ofits duties under 1.1fis Agreement, shall be the sole propemy c)f CITY. CITY 11111CAV 7 use said property for any PUrpose, including prqjects not contemphated by, flus Agreement, WSPEC,rm AND AUDIT, Upon reasonaWe nofice,CONTRACTOR shall inak,e;available to crry, or its agent, for inspection and ,wdit, all docume tits and materials imaimained by C.'ONTRAC71MR. in connection with Its peribmimice ofits dinies under dris Agreement. C.ONTILACTOR sh;aIl fully cool.)ej-,,j:te with CII'Vor its agent in any, such audit or inspec6ort. 9 ASSIGNABILITY. ........... . .... The par6I,,.-,s agree that they shall not assign or Wansl'er any interest Ina I n this Agreement nor the perl'onlum-we 0i'my oftheir respective obligatiotis hereunder, without dle 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. 10. INSURANCE. A. Scope of Coverage. During the terrn of this Agreement, CONTRACTOR shall maintain. at no expense to CITY, an automobile liability (owned, non -owned, and hired vehicles) B. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER vf iuring the term of this Agreement. A. CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold han-nless CITY, its officers. agents, employees and volunteers (collectively, the "City Indemnitees"). from and against anN claim. demand, suit, judgment, loss, liability or expense of an� kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation. (collectively "CLAIMS"). arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 Indernnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indernnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR"s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations In the event the Citv Indernnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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. The defense and indemnification obligations of this Agreement are undertaken in addition to. and shall not in any way be limited b�l, the insurance obligations contained in this Agreement. and shall Survive the termination or completion of this Agreement for the full period oftime allowed by law. CONTRACTOR 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. M 1 3) C.Q.N.I.P.11ANCE WITH.A.LL L.A.W.S. CONTRACTOR shall observe and comply with all applicable rederal, state and local laws. ordinances, codes and regUlations, in the performance of its duties and obligations under this Agreernent, CONTRACTOR shall perforni all services under this Agreeent in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify wid hold hanniess CITY, its officers, agents and employees From any and all damages, liabilities, penalties, fines and all other consequences frorn any noncompliance or violation of any laws, ordinances, codes or regulations, 14. NO-rFuRD PARTY BENEFICIMUF"'S. CITY and CONTRACTOR do not intend, by y anN pofAo c rovision this greenient, tea n create i any third party, any benpad benefit or right owed � oc Party, Linder the ten ns and condifions ol'this Agreement, to the other party., 1 4� NOTICES. All notices and other communications required or perrnitted to be giVCF1 Under this Agreement, including any notice of change of" address„ shall be in writing and given by personal t� 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 tine date ofpersonal defiver),, or ii'mailed, upon the date of deposit with the United Staws Postal Service. Notice shall be given as follows: TO CITV's Pro ect khanatwer- Ko[-xxi, C, pntein Itly of S"In P.afae.1 1400 ["ifllh ;%VUALK' P,0Box 151560 S;.ui P,af',ael, C',,% 04,91 1;5- 1 '5(0 VO CONTRACTOR: 13ovd6q." 16 INDEPENDI I For the puq.ioses, and I'm- the durabon, of this AL�preenient, (..ONTRACTOR, its officers, agents and eniployees shall act in the capacit.N, of an independent Contractor., and not as employees ol' the CITV� CONTILkCTOR and CITY express4y intend and agree that the status of COWRACTOR, its officers,, agents and einployees be that ofan Independent. Contractor and not tk�.U: ofan ernployee of"CITY A. The ternis and conditions of this Agreement. all extiibits attached, and all documents extressly incorporated bil reference relresent the entire Agreement of the _parties with res�cect to the subject matter of this Agreement. Welmoff Mz���� C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of t1tis Agreement, and t ternis and conditions of the attached exhibits or the documents expressly incorporated by the terms and conditions of this Agreement shall control. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY Linder any ordinance, agreement, contract or resolution for any unpaid taxes. fees, licenses, assessments, unpaid checks or other amounts. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, lmxor 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 ten -n. covenant. condition. ordinance, law or regulation. The subsequent acceptance by either party of any fee. perfon-nance. or other consideration which may become due or owing under t1iis Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition. coN enant ot'this Agreement or any applicable law, ordinance or regulation. The prevailing part) in any action brought to enforce the terms and conditions of t Agreement, or arising out of the performance of this Agreement, may recover its reasonable coll (including claims administration) and attorney's fees expended in connection with such action. 21 . CITY BUSINESS LICENSE / oT-II RTAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes, CITY shall not be required to pay for any work perfon-ned under this Agreement, until CONTRACTOR has provided CITY with a completed Irate al Revenue Service Fonn W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State ofCalifonlia shall govem this A,grecinent, IN WITNESS W11FIRICI F, the parik,,s have its ofthe day, nwn[h and year first above written. rinflg���� ..' &.,, r.-. - ESHER C BEIRNE, City Clerk APPROVED AS 'F() FORM: RC. BER'F F. Eps,rr,,[N,, City Attorney G. Daniel Bowling Curtis and Bowling Mediation PO Box 672 Sausalito, CA 94966 415-444-6412 October 23, 2015 Robert Epstein City Attorney, San Rafael PO Box 151560 San Rafael, CA 94915-1560 San Rafael Focus on Chronic Inebriates Facilitation Iffiffim I am pleased the City of San Rafael has decided to engage my services as facilitator for the important project the City is undertaking through y our leadership as well as the leadership and inspiration of Councilmember Kate Colin to explore wa,, s to N% ork with the May or's ,fid Hoc Committee to focus on the chronic inebriate population in San Rafael and the resulting impact on downtown San Rafael, 'The purpose of this letter is to set forth the arrangements we discussed following our August 13"' meeting and to provide some pre nary ideas of how to approach this PDO)CLt. Phase 1- Information Gathering ks we agreed, the first phase of the project, which we began on , kugust 13"', Will include gathering information about the San Rafael chronic inebriate population, including previous efforts to help these individuals, current information about the population, the impact of homelessness on chronic inebriate individuals, and services now available for these individuals In the meeting you and I had on October 6" with Council ember Kate Cohn, we began to identif ' v Nfarin County and San Rafael officials and leaders of public and private stakeholder groups who have an interest in this issue and, more importantly, might play a role in addressing the challenges of dealing with chronic inebriates. In addition to interviewing these officials and leaders, the aiformation gathering phase will include research into ways other communities similarly situated to the City have engaged stakeholders in addressing the challenges facing chronic inebriates. Exhibit A Phase 2: Process Design and Convening Once I have interviewed these interested officials and stakeholder representatives and we have a better idea of how other communlities have engaged their stakeholders, I propose that � ou, Councilmember Cohn, and I work toether to design a rocess to include convening a meeting or 9 p series of meetings with various constituents and stakeholders to consider approaches to address the challenges facing the chronic 'inebriate population and to explore the range of potential solutions that may be appropriate for the communities of San Rafael and Marin Counq 1. The purpose(s) to be served by the mecting(s) goals and expected outcomes 2 The ground rules for the meeting(s) 3. Agendas for the meeting(s) 4. The number of meetings 5. The participants and how they will be determined and invited G. A plan for reporting back to stakeholder groups - \ plan for following up and for reporting outcomes I will work closely with you and Counci.1mcmber ('chn to develop the process design and .11 -ruttee for comment, by email and/ur in a wil.1 circulate a draft to the members of theAd I foc meeting, and k% ill modify the design as appropriate, I - Phase 3: Implementation and Follow-up This phase includes implementing the process design, adjusting the design as we learn more about the results, recording progress as it is made, and reporting back to t ou, CounctIrnember Cohn, and the Ad Hoc Comrruttee as appropriate, Fees I understand the City has established an initial budget of S20,000. Although that arnount ma` be sufficient, it is impossible to estimate the budget at this earl) stage of the process I wili have a better idea of the time the project will require once we complete the first two phases. Nly non-profit and governmental facilitation rate is S375 an hour, w1uch will appl� to all spent on this matter, including informational and preparatory research and investigation, telephon conferences, meetings, draftingand revising any minutes or reports from those meetings, correspondence �including e-mail), consultation with vou or other City officials, and preparation r)) the final report. I will send my statements to you on a monthly basis for review and approval I As you knoxb,, I retire from my work as an ADR Staff kttorne�,/Nlediator for the US District Court in San Francisco on November 13, 2015, after `which I will be able to devote my full attention to this important matter. Please indicate your agreement with the above arrangements and return a signed cop) to me by e mail, or call me if you would like to discuss any aspect of this proposal. I really appreciate the opportunit) to assist in this important problem solving facilitation I look forward, verb much, to the opportunity to work with you and Councilmember Colin, as well as meeting and working with the other Cm officials who have made the decision to take on this unportant and complex issue. SM Rob Epstein City Attorney "UX*41 With best r)egards, 7 G. Daniel Bowling On behalf of the City of San Rafael UNITED SERVICES AUTOMOBILE ASSOCIATION NNNN (A RECPROCAL IWERNSURANCE EXCRANGE) USAW 9800 Fredei ricksburg Road - San Antonio, Texas 78288 CALIFORNIA AUTO POLICY AMENDED DECLARATIONS (ATTACH TO PREVIOUS POLICY) --------------- - 4amed Insured and Address DANIEL BOWLING 28 CRESCENT AVE SAUSALITO CA 94965-2314 ADDL INFO ON NEXT PAGE MAIL MCH -M-1 AMENDMENT TO 11 1317j state67 6 CAF ive, ' �r* I PCUICY NUMBER 00084 35 69U 7110 5 POLICYPERIC)D. l (12:01 A.M. standard time) EFFECTIVE SEP 15 2015 TO MAR 15 2016 OPERATORS FANIEL BOWLING uy DANA C BOWLING 3escri t . ion oT-V-eIT[-cT-e-s-j------- .................. VEH USE' VO4(W� /B-11 TRADE NAME MODEL BODYTYPE ANNUAL MLEAGE IDENT1FrATION NUMBER SYM Ll 00 BMW 3231 4D 4 DOOR 000 WBAAM3343YCD57658 P 13 11 TOYOTA PRIUS HYB 4D 4 DOOR 01! , m JTDKN3DU6BO284780 B he Vehicle(s) described herein is principally garaged at the above address unless otherwise stated. l wic--wawsdiod; 13--thm-em; F=FwnP=PI&� JEH 11 SAUSALITO CA 94965-2314 JEH 13 SAUSALITO CA 94965-2314 This tolicy provides UNLY thosec.overages Where a premium is shown below. rhe limits shown ma e reduced by polic proy,ions; sand may not be combined regardless of the number of vehicles for which a pre miuym is listed unless specifically authorized elsewhere in this P0 icy. IVEH VEH VEH VEH COVERAGES LIMITS OF LIABILITY 11 6 -MONTH 13 6 -MONTH ("ACV" NS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D -DED PREMIUM AMOUNT S AMOUNT $ AMOUNT $ AMOUNT S BODILY INJURY EA PER $ 500,OOC EA ACC $1,000,00 PROPERTY DAMAGE EA ACC $ 100,00� ART B - MEDICAL PAYMENTS EA PER $ 10,000 ART C - UNINSURED MOTORISTS BODILY INJURY EA PER $ 500,000 EA ACC $1,000,000 WAIVER OF (ULL P)E!DUCTIBLE ART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS COLLISION LOSS ACV LESS RENTAL REIMBURSEMENT $ 3P A I7AY $ 900 MAXIMUN TOWING AND LABOR 102.71 16 57.23 8'1.!h 1 6.52 1u.71 44.19 5 4.59 D 500 31.78D �1 . 0 D 500 119.35D 151)K) 17 .65 1 5.88 a 389.90 ------------------------------ADJUSTMENT REASON -------------------------------- HANGE IN ANNUAL MILEAIE VEH 11 NDORSEMENTS: ADDED 09-15-15 - NONE EKAIN IN EFFECT(REFER TO PREVIOUS POLICY)- A4001d ',(0''d,u 0 0 AOASA(01) A099(01) 111j RMM51001j 3 RMF51 OON I AUj hese pres"entsAo4e 'iL In WITNESS WHEREOF e'Su scribers at UNITED SltRVICLS TO ASSOCIATION ave used U Signe y their Attorney -in -Fact on this date AUGUST 17, 2015 &Ao;- I aura Bishop President, USAA Reciprocal Attorney -in -Fact, Inc. iOOO U 07-11 -1- - - W�nl. UNITED SERVICES AUTOMOBILE ASSOCIATION No 14 (A RECIPROCAL NTERNSURANCE EXCHANGE� USAW 9800 Fredericksburg Road - San Antonio, Texas 78288 CALI FORN AUIL'"O POLICY AMENDED DIEC.I.,ARAT IONS (ATTACH TO PREVIOUS POLICY) 4arned Insured and Address DANIEL BOWLING 28 CRESCENT AVE SAUSALITO CA 94965-2314 State verPOUCYNUMBER jXr*1 00084 35 69,3 7.1...111 5; PCUCYPERIOD (1201 A.M. standard time) EFFECTIVE SEP 15 2015 TO MAR 15 2016 )escription of Vehicle(s) VEH USE* A /EH YEAR TRADE NAME MODEL BODYTYPE MN IDEI\MFICKnON NUMBER SYM he Vehicle(s) described herein is principally garaged at the above address un ess otherwise stated. I* wr--viaksci-,w, E;--BLmiess, F=FamP-Pisaure This tolicy provides ONLY those coverages where a premium is shown below. The limits shown may e reduced by policy provisions and may not be combined regardless of the number of vehicles cle s for which a premium is listed unless specifically authorized elsewhere in this policy. COVERAGES LIMITS OF LIABILITY [Vl--H VEH VEH %-H ("ACV' MEANS ACTUAL CASH VALUE) D=D ED ' PREMIUM D:-CH:DD PREMIUM D=DED PREMIUM D=DED PREMIUM MOUNT S 14 Al 0 U 1�11 T $ AMOUNT S AMOUNT S REVISED 6 MONTH PREMIUM ... $ 9 7 MZY�Trl DFjCREASE ... $ 21.43 PREMIUM DUE AT INCEPTION. THIS IS NOT A BKL.,, 10 FOLLOW. HE FOLLOWING COVERAGE (S) DEFINED EN THIS EC"Y PJ" PROVIDED FOR: VEH 11 — EXTENDED BENEFITS COVERJAIGE VEH 13 — EXTENDED BENEFITS COVER.AiGE TFy ;N1 BILE ASSCCIATR0, have caused these presents to-Ue- sig—ne— , 1"" In I�NESS W6 the 8ubscribers at UNITE6 11 j their Attorney -In -Fact on this date Af Laura Bishop 000 U 07-11 President, USAA Reciprocal Attorney -in -Fact, Inc. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for��� their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval / necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; /y/ oe bonds, and insurance certificates and .� �� �`P y endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the n a, t s contracting department. To be completed by Contracting Department: Project Manager: Rob Epstein Project Name: G. Daniel Bowlinc PSA - Focus on Chronic Inebriates Agendized for City Council Meeting of (if necessary): N/A FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.