HomeMy WebLinkAboutCC Resolution 14550 (Downtown Streets Team)1
RESOLUTION NO. 14550
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
A THREE-YEAR AGREEMENT WITH THE DOWNTOWN STREETS
TEAM FOR HOMELESS SUPPORT SERVICES IN FISCAL YEARS 2018-2019, 2019-
2020 AND 2020-2021, IN AN AMOUNT NOT TO EXCEED $300,000
WHEREAS, on February 19, 2013, the San Rafael City Council authorized the City
Manager to enter into an agreement with Downtown Streets, Inc. to implement a
volunteer work experience program for homeless persons called the “Downtown Streets
Team”; and
WHEREAS, the City has renewed the agreement for the operation of the
Downtown Streets Team each year since 2013, and desires to continue the program in
Fiscal Years 2018-2019, 2019-2020, and 2020-2021; and
WHEREAS, there are sufficient funds in the Homeless Initiative Program within the
City’s Fiscal Year 2018-2019 General Fund Operating Budget to support the proposed
contract;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves and authorizes the City Manager to execute the Agreement with
Downtown Streets, Inc., dba Downtown Streets Team, attached hereto as Exhibit 1 and
incorporated herein by reference, to provide a three-year volunteer work experience
program for homeless persons, at a cost not to exceed $300,000, subject to final approval
as to form by the City Attorney; and
BE IT FURTHER RESOLVED, that the City Council hereby waives competitive
bidding with respect to this agreement, pursuant to San Rafael Municipal Code Section
2.55.070(D), based upon the prior experience that the Downtown Streets Team has
gained in performing similar services for the City since July 1, 2013, their ability to
seamlessly continue such services for the City, and the lack of other qualified
organizations that could effectively operate a similar program in the City.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
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of the City Council of said City held on Monday the 16th day of July, 2018, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
LINDSAY LARA, City Clerk
AGREEMENT
FOR IMPLEMENTATION AND MANAGEMENT OF A VOLUNTEER
WORK PROGRAM SERVING THE HOMELESS
(The Downtown Streets Team)
THIS AGREEMENT is made and entered into this _____ day of ___________ 2018, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Downtown Streets, Inc., a
501(c)(3) organization (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the 2017 Marin County Homeless Point-in-Time Count indicated there were
1,117 homeless persons in the County, including 318 homeless people in San Rafael; and
WHEREAS, the CITY, the Downtown Business Improvement District and other members
of the community desire to assist persons experiencing homelessness to rebuild their lives and
engage in a meaningful contribution to the San Rafael community; and
WHEREAS, the CONTRACTOR has the experience and expertise to implement and
manage a volunteer work experience program in partnership with the CITY, its business
community and local non-profits that serve the homeless; and
WHEREAS, the CITY entered into an agreement with the CONTRACTOR in June 2013
to implement and manage a volunteer work program for persons experiencing homelessness,
called “The Downtown Streets Team”; and
WHEREAS, the CITY has in subsequent years entered into successive agreements with
the CONTRACTOR for management of the Downtown Streets Team program; and
WHEREAS, the CITY now desires to enter into an agreement with CONTRACTOR to
implement and manage the Downtown Streets Team program for fiscal years 2018-2019, 2019-
2020, and 2020-2021;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The CITY’s Director of Homeless Planning & Outreach is
hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER
shall supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
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CONTRACTOR. Karen Strolia is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason; the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in
Exhibit "A" attached and incorporated herein.
3. DUTIES OF CITY
CITY shall cooperate with CONTRACTOR in the performance of this Agreement
and shall compensate CONTRACTOR as provided herein.
4. COMPENSATION
For the full performance of the services described herein by CONTRACTOR, CITY
shall pay CONTRACTOR an amount NOT to exceed $125,000 in fiscal year 2018-2019, an
amount NOT to exceed $100,000 in fiscal year 2019-2020, and an amount NOT to exceed
$75,000 in fiscal year 2020-2021, including the cost of local business license taxes as described
in Section 20.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT
The term of this Agreement shall commence on July 1, 2018 and shall end on
June 30, 2021.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten (10)
days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the
party giving such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
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materials provided to CONTRACTOR and any and all of CONTRACTOR's documents
described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later
than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of
CITY. CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
8. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance
of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in
any such audit or inspection.
9. ASSIGNABILITY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the
prior written consent of the other party, and any attempt to so assign this Agreement or any
rights, duties or obligations arising hereunder shall be void and of no effect.
10. INSURANCE
A. During the term of this Agreement, CONTRACTOR shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate for death, bodily injury, personal injury, or property
damage;
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per
occurrence;
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in
the minimum amount of one million ($1,000,000) dollars to cover any claims
arising out of the CONTRACTOR's performance of services under this
Agreement.
4. If it employs any person, CONTRACTOR shall maintain worker's
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compensation insurance, as required by the State of California, with
statutory limits, and employer’s liability insurance with limits of no less
than one million dollars ($1,000,000) per accident for bodily injury or
disease. CONTRACTOR’S worker’s compensation insurance shall be
specifically endorsed to waive any right of subrogation against CITY.
B. The insurance coverage required of the CONTRACTOR by section 10. A.
shall also meet the following requirements:
1. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees,
and volunteers, as additionally named insureds under the policies.
2. The additional insured coverage under CONTRACTOR’S insurance policies
shall be primary with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage
for any contribution. The “primary and noncontributory” coverage in
CONTRACTOR’S policies shall be at least as broad as ISO form CG20 01
04 13.
3. Except for professional liability insurance, the insurance policies shall
include, in their text or by endorsement, coverage for contractual liability
and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a
waiver of any right to subrogation which any insurer of CONTRACTOR
may acquire against CITY by virtue of the payment of any loss under such
insurance. CONTRACTOR agrees to obtain any endorsement that may
be necessary to effect this waiver of subrogation, but this provision
applies regardless of whether or not CITY has received a waiver of
subrogation endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a
period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and noncontributory basis for
the benefit of CITY (if agreed to in a written contract or agreement) before
CITY’S own insurance or self-insurance shall be called upon to protect it as
a named insured.
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8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits shall be available to CITY or any other
additional insured party. Furthermore, the requirements for coverage and
limits shall be: (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever
is greater.
C. Deductibles and SIR’s. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may
be satisfied by either the named insured or CITY or other additional insured party. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense
expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY’S City Attorney all of the following: (1) Certificates of Insurance evidencing
the insurance coverage required in this Agreement; (2) a copy of the policy declaration page
and/or endorsement page listing all policy endorsements for the commercial general liability
policy, and (3) excerpts of policy language or specific endorsements evidencing the other
insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full
certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to
exercise this right shall not constitute a waiver of the right to exercise it later. The insurance
shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. CONTRACTOR shall, to the fullest extent permitted by law, indemnify,
release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents,
employees and volunteers (collectively, the “City Indemnitees”), from and against any claim,
demand, suit, judgment, loss, liability or expense of any kind, including but not limited to
attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”),
arising out of 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 Indemnitees, the CONTRACTOR's indemnification obligation shall be
reduced in proportion to the City Indemnitees’ share of liability for the active negligence or
willful misconduct. In addition, the acceptance or approval of the 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 City Indemnitees
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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 by, the insurance obligations
contained in this Agreement, and shall survive the termination or completion of this Agreement
for the full period of time allowed by law.
12. NONDISCRIMINATION
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.
13. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement.
14. NO THIRD PARTY BENEFICIARIES
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions
of this Agreement, to the other party.
15. NOTICES
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be
given as follows:
TO CITY: Andrew Hening, Director of Homeless Planning & Outreach
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael CA 94915-1560
TO CONTRACTOR: Ms. Eileen Richardson, Executive Director
Downtown Streets Team
7
1671 The Alameda Suite 306
San Jose, CA 95126
16. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and not
as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status
of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and
not that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties
with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral
or written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement,
and the terms and conditions of the attached exhibits or the documents expressly incorporated
by reference, the terms and conditions of this Agreement shall control.
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent
breach or violation of the same or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance, or other consideration
which may become due or owing under this Agreement, shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable
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costs (including claims administration) and attorney's fees expended in connection with such
action.
20. CITY BUSINESS LICENSE/OTHER TAXES
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. CONTRACTOR's taxpayer
identification number is 20-5242330, and CONTRACTOR certifies under penalty of perjury that
said taxpayer identification number is correct.
21. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR, DOWNTOWN STREETS, INC.
_____________________________ By: __________________________________
City Manager
Name: _______________________________
Title of Corporate Officer: _________________
ATTEST: and
_____________________________ By: __________________________________
City Clerk
APPROVED AS TO FORM: Name: _______________________________
Title of Corporate Officer: _________________
______________________________
City Attorney
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EXHIBIT A
SCOPE OF SERVICES FOR FISCAL YEAR 2018-2019, FISCAL YEAR 2019-2020, and
FISCAL YEAR 2020-2021
Programs and Services covered under this contract:
Operation of San Rafael Downtown Streets Team:
A. Contractor will continue the Volunteer Work Experience Program and Workforce
Development Services launched in 2013 in San Rafael.
B. The program will create volunteer work experience opportunities for people
experiencing homelessness in San Rafael (hereinafter “Team Members”).
C. Contractor will provide support services to assist Team Members in transitioning
to permanent employment. Such services may include: job search classes and
personalized job search support, employment development, developing
internship placements, developing mentor opportunities, and case management
for employment related activities.
D. Contractor will support Team Members to graduate to other community
programs.
E. Contractor will work closely with case managers at partner agencies including
Ritter Center, St. Vincent’s, the Community Action Marin Care Team(s),
Homeward Bound, and CareerPoint Marin to assure services to individual Team
Members are coordinated.
F. Contractor will collaborate with the St.Vincent de Paul Society of Marin to identify
opportunities for “Return to Residence” assistance.
G. Contractor will conduct outreach to businesses in order to expedite hiring
processes for Team Members.
H. Contractor will provide monthly progress reports using a template provided by
the City.
I. Contractor will coordinate with the City of San Rafael on project specifics,
including periodic check-ins with the Director of Homeless Planning and
Outreach (quarterly or more frequent), as well as monthly participation with the
City of San Rafael’s Health and Safety Coordinating Committee, to determin e
the most appropriate deployment sites for Downtown Streets Team’s services
(e.g. Downtown, East San Rafael, Davidson Middle School, Mahon Creek Trail).
J. Contractor will participate in the City of San Rafael’s monthly “By-Name-List”
data review meeting.
K. Contractor will launch an “East San Rafael” pilot deployment by October of 2018
in coordination with the City of San Rafael and the San Rafael Chamber of
Commerce’s East San Rafael Working Group.
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L. Contractor will meet at least once during each fiscal year of this Agreement with
the City Council’s Homeless Subcommittee, City Manager, and Director of
Homeless Planning & Outreach for a performance review and will subsequently
provide an update presentation at a regularly scheduled City Council meeting.
Downtown Streets Team Program Outcomes & Measures:
1) Employment Outcomes
a. 25 Team Members will obtain permanent employment in fiscal year 2018-
2019, 25 Team Members will obtain permanent employment in fiscal year
2019-2020, and 25 Team Members will obtain permanent employment in
fiscal year 2020-2021 for 75 total jobs over the three years of this
agreement.
b. 100% of such Team Members will retain employment for at least three (3)
months.
c. 75% of such Team Members retaining employment for at least three (3)
months will then retain employment for six (6) months.
d. 50% such Team Members retaining employment for at least three (3)
months will then retain employment for twelve (12) months.
2) Work Experience Outcomes
a. Team Members will perform 17,500 hours of cleanup work per year in San
Rafael in Fiscal Years 2018-2019, 2019-2020, and 2020-2021 as directed
by the City.
b. Team Members will remove blight from areas throughout San Rafael as
demonstrated by before and after photos.
3) Community Relationship Outcomes
a. Contractor will work to improve business and community perceptions of
people experiencing homelessness.
4) Team Member Growth Outcomes
a. Contractor will conduct quarterly anonymous surveying to collect self -
reported data from Team Members.
i. 50% of Team Members with a mental health condition will seek out
or remain in treatment.
ii. 50% of Team Members with a substance abuse issue will seek out
or remain in treatment.
iii. 50% of Team Members who have had an interaction with law
enforcement/the criminal justice system will have reduced or zero
interactions after joining the team.
iv. 75% of Team Members will feel respected and heard by staff .
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v. 75% of Team Members will report improved self -esteem and
feelings of self-worth.
vi. Contractor will provide quarterly housing status data on Team
Members.
vii. Contractor will provide quarterly residency data on Team Members .
b. Contractor will provide monthly data on the number of Team Members
connected with the “Return to Residence” program at St. Vincent’s.
Downtown Streets Team Reporting FY18-19
Metric July August September October November December January February March April May June YTD Annual Target Achieved
New Jobs 0
Jobs Lost before 3
Months 0
Net Jobs Lasting More
than 3 Months 0 0 0 0 0 0 0 0 0 0 0 0 0 25 Pending
Current 6 Month
Retention Rate #DIV/0!75%Pending
Current 12 Month
Retention Rate #DIV/0!50%Pending
Employers
Metric July August September October November December January February March April May June YTD (Total)Annual Target Achieved
Cleanup services in
San Rafael as
measured by hours of
volunteer service
0 17,500 Pending
0
Metric July August September October November December January February March April May June YTD Annual Target Achieved
Improve community
perceptions of men
and women
experiencing
homelessness in
Marin
Qualitative evidence of
improvements Pending
Metric July August September October November December January February March April May June YTD (Avg)Annual Target Achieved
% of Team Members
with a mental health
condition
#DIV/0!
% of Team Members
with a mental health
condition have sought
out or remained in
treatment
#DIV/0!50%Pending
% of Team Members
with a substance
abuse issue
#DIV/0!
% of Team Members
with a substance
abuse issue who
sought out or
remained in
treatment
#DIV/0!50%Pending
% of Team Members
who had an
interaction with law
enforcement over the
past year
#DIV/0!
% of Team Members
who have had
reduced or zero
interactions with law
enforcement after
joining the team
#DIV/0!50%Pending
Self-Reported Growth Metrics (based on quarterly anonmyous surveying)
Employment Outcomes
Work Experience Outcomes
Community Relationship Outcomes
% of Team Members
who feel respected
and heard by staff
#DIV/0!75%Pending
% of Team Members
who have an
improved sense of self-
esteem and self-worth
#DIV/0!75%Pending
Metric July August September October November December January February March April May June YTD (Avg)Annual Target Achieved
Literally homeless /
unsheltered #DIV/0!
Emergency Shelter #DIV/0!
Transitional Housing #DIV/0!
Permanent Housing
(WITHOUT supportive
services)
#DIV/0!
Permanent Housing
(WITH supportive
services)
#DIV/0!
Metric July August September October November December January February March April May June YTD (Avg)Annual Target Achieved
% in Marin #DIV/0!
% outside Marin #DIV/0!
Metric July August September October November December January February March April May June YTD (Total)Annual Target Achieved
# of Team Members
who were connected
with St. Vincent's
Return to Residence
Program
0
Team Members Connected with St. Vincent's Return to Residence Program
Housing Status (based on quarterly reporting)
Last Place of Residence Prior to Becoming Homeless (based on quarterly reporting)