HomeMy WebLinkAboutCM Downtown Streets Team____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: June 7, 2021
Disposition: Resolution 14919
Agenda Item No: 5.c
Meeting Date: June 7, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Andrew Hening,
Director of Homeless Planning and Outreach
City Manager Approval: ______________
TOPIC: DOWNTOWN STREETS TEAM
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR
AGREEMENT WITH THE DOWNTOWN STREETS TEAM FOR HOMELESS SUPPORT SERVICES
IN FISCAL YEARS 2021-2022 and 2022-2023 IN AN AMOUNT NOT TO EXCEED $200,000
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a two-year
agreement with the Downtown Streets Team for homeless support services, for the period of July 1,
2021 through June 30, 2023.
BACKGROUND: Downtown Streets Team (DST) is a San Jose-based work experience program that
helps people experiencing homelessness regain self-sufficiency while also providing volunteer
opportunities to improve and beautify our local community. San Rafael was DST’s first branch outside
of Santa Clara County, and the program now operates throughout the Bay Area, including Sacramento
and the Central Valley. DST has now been in San Rafael for nearly eight years and is currently in year
three of a three-year contract with the City.
To initially launch DST in San Rafael, the City cobbled together a coalition of funders, including the
County of Marin, Marin General, Kaiser, Sutter, and Marin Community Foundation. These entities were
initially transferring money to the City, and then the City was administering that funding to DST. In initial
discussions with DST prior to launching in San Rafael, DST believed it could gradually raise money
through earned income contracts (i.e. providing cleanup and other support services for local
businesses), thus offsetting the need for ongoing monies from the original funding coalition, including
the City itself.
As the original philanthropic partners began to drop off (the County of Marin ultimately created its own
contract with DST), DST was able to secure a handful of earned income contracts, but it was not at the
level originally envisioned. Moreover, because of increased homelessness issues in the community, the
City entered into additional contracts with DST for additional cleanup and outreach services (e.g.
Davidson Middle School and the Mahon Creek Trail). All of these efforts were consolidated in Year 5
(FY17-18), with the City paying $125,000 for “16,000 hours of cleanup work as directed by the City”, as
well as “at least 25 Team Members [obtaining] employment”.
Moving into FY18-19, staff recommended building on what was working – flexible team deployment,
high expectations for deliverables, and one contract and scope – while moving away from what was not
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
– the City’s contribution was not going down and annual negotiations made revenue unpredictable for
DST.
To that end, the City and DST developed a new contractual framework whereby:
• DST would move to a three-year contract. FY18-19 would continue at $125k, but in the
subsequent two years the contract amount would decrease by $25k each year (i.e. $100k in
FY19-20 and $75k in FY20-21).
• The City would benchmark performance outcomes at 17,500 hours of cleanup per year and 25
jobs per year (a total of 75 jobs over three years). This would ensure DST would continue to
perform at its FY17-18 level even as funding gradually declined.
• The City created a new requirement for DST to work with the City and the Chamber's East San
Rafael Working Group to create a new pilot East San Rafael team.
FY21-22 is the first time the City has revisited this new framework.
ANALYSIS: Since first launching in San Rafael in July 2013, DST has been a critical resource for
helping the City accomplish its goals of decreasing the overall number of people experiencing
homelessness in San Rafael and improving the quality of life for all residents.
The original contract with DST provided for 12 Team Member slots (Downtown Streets Team estimates
that approximately three people move through each slot each year). After significantly exceeding the
initial job and volunteer hour targets, each successive year the City raised the bar (see Figure 1 –
Downtown Streets Team Performance, FY13-14 through FY17-18).
Figure 1 – Downtown Streets Team Performance, FY13-14 through FY17-18
Contract
Requirements
Year 1
(FY13-14)
Year 2
(FY14-15)
Year 3
(FY15-16)
Year 4
(FY16-17)
Year 5
(FY17-18)
Target – Jobs
8 15 20 25 25
Actual – Jobs 23 22 16 18
26
Target – Volunteer Hours 8,700 12,000 12,494 15,988
16,000
Actual – Volunteer Hours 12,458 16,031 14,333 14,774
15,710
Moving into the current three-year contract, DST, like all service providers in Marin County, was
significantly impacted by the COVID-19 pandemic. While the team’s traditional metrics around jobs and
volunteers have declined to their lowest levels of the past eight years, that does not mean DST has not
been hard at work in the community (see Figure 2 – Downtown Streets Team Performance, FY18-19
through FY20-21).
For the first few months of the pandemic, DST was one of the only organizations providing in-the-field
outreach. During that time, staff was still engaged with every single Team Member every day. DST
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
called them every day, went to their camps to check on them if they didn’t answer or didn’t have a
phone, and brought resources, including providing basic needs stipends so Team Members didn’t have
to worry about food insecurity. Staff also increased outreach efforts throughout San Rafael to
individuals not on the Team, including leading outreach efforts under the 101 viaduct. DST responded
to urgent calls and complaints from community members about encampment debris, after Teams were
done for the day, providing an extension to City response capacity. DST also expanded shower
capacity to include an additional site in San Rafael, which resulted in San Rafael being the only city in
the county with more than one shower site during the pandemic. DST also provided charging stations at
showers to help mitigate tampering with electrical outlets in the downtown corridor, and DST also
offered food distribution through partnering with SF/Marin Food Bank.
Figure 2 – Downtown Streets Team Performance, FY18-19 through FY20-21
Contract Requirements
Year 6
(FY18-19)
Year 7
(FY19-20)
Year 8
(FY20-21)
Target – Jobs
25 25 25
Actual – Jobs
24 12 5*
Target – Volunteer Hours
17,500 17,500 17,500
Actual – Volunteer Hours
13,308 10,441 7,954*
* FY20-21 includes nine months of data
Finally, it’s worth briefly noting that earlier this year, DST received funding from the Emergency
Solutions Coronavirus Grant (ESG-CV) to provide dedicated outreach services in the Canal two days
per week (including hiring a staff member who is fluent in Spanish). While this funding is short-term and
arose out of the pandemic, it will continue to support DST’s expansion into East San Rafael.
Similar to the previous contract scope review three years ago, staff recommends building on what is
working while moving away from what has not been working. Specifically, staff is recommending:
• Continuing with a multi-year contract to ensure predictability for the City and DST.
• Continuing to expand DST’s service offerings into the Canal neighborhood. The new proposed
contract will require DST to maintain a minimum of 20 Team Members at any given time, with
half of the team based in Downtown and the other half based in East San Rafael.
• Focusing on the work experience program, employment, and peer-to-peer outreach. Numerous
city departments, from Sustainability to Public Works, have endorsed the complementary nature
of Team Members’ work in the community with some of the core goals and functions of these
departments and divisions.
Finally, while DST’s San Rafael branch has maintained a strong, positive reputation since its launch
eight years ago, in recent years DST as an organization has come under increased scrutiny. For
example, in December of 2019, a series of news article alleged former DST employees had been
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
subjected to discrimination, a toxic workplace culture, and that management may have used funding for
inappropriate purposes. DST’s Board of Directors conducted an investigation and found that many
allegations could not be substantiated, yet a number of cities and towns have investigated these
allegations, including most recently the City of Sacramento, which recommended requiring that DST:
• Develop a process to ensure all employees, including management, acknowledge the employee
handbook annually.
• have a policy in place to address any potential conflicts of interest among staff, particularly
among family members, and provide employees with instructions on how to file a complaint or
report inappropriate behavior related to these key management employees.
• Reevaluate internal investigative procedure policy to ensure the policy meets best practices on
how subsequent complaints will be addressed.
Staff is recommending that these provisions be added to the San Rafael contract as well.
FISCAL IMPACT: The not-to-exceed cost of this agreement is $200,000, with a cap of $100,000 per
fiscal year. There are sufficient resources appropriated in the Homeless Initiative program within the
City’s FY21-22 Draft General Fund Operating Budget to support this agreement. Sufficient funding for
year two of the contract will be included in the following year’s budget.
OPTIONS: The City Council has the following options to consider on this matter:
1. Adopt a resolution authorizing the City Manager to enter into an agreement with the Downtown
Streets Team.
2. Request changes to the Resolution.
3. Reject the Resolution.
RECOMMENDED ACTION: Adopt Resolution.
ATTACHMENTS:
1. Resolution authorizing the City Manager to execute a two-year agreement with the Downtown
Streets Team for homeless support services in fiscal years 2021-2022 and 2022-2023 in an
amount not to exceed $200,000
2. Draft Agreement
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RESOLUTION NO. 14919
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
A TWO-YEAR AGREEMENT WITH THE DOWNTOWN STREETS
TEAM FOR HOMELESS SUPPORT SERVICES IN FISCAL YEARS 2021-2022 AND
2022-2023 IN AN AMOUNT NOT TO EXCEED $200,000
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 2021-2022 and 2022-2023; and
WHEREAS, there are sufficient funds in the Homeless Initiative Program within the
City’s Fiscal Year 2021-2022 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 an Agreement with
Downtown Streets, Inc., dba Downtown Streets Team, to provide a two-year volunteer
work experience program for people experiencing homelessness, at a cost not to exceed
$200,000, in the form included with the staff report for this Resolution, 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
2.55.100(C), 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 of the City
Council of said City held on Monday the 7th day of June 2021, by the following vote, to wit:
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AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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 ___________ 2021, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DOWNTOWN STREETS,
INC., a 501(c)(3) organization (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the 2019 Marin County Homeless Point-in-Time Count indicated there were
1,034 people experiencing homelessness throughout the County, including 255 people
experiencing homelessness 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 2021-2022 and
2022-2023;
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 homelessness program manager 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 $100,000 per fiscal year, including
reimbursement of 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, 2021 and shall end on June
30, 2023.
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
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)
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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. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($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 dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to
cover any claims arising out of the CONTRACTOR's performance of services under this
Agreement. Where CONTRACTOR is a professional not required to have a professional license,
CITY reserves the right to require CONTRACTOR to provide professional liability insurance
pursuant to this section.
4. If it employs any person, CONTRACTOR shall maintain worker's
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
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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. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance or worker’s compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR’S insurance policies
shall be “primary and noncontributory” with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution.
The “primary and noncontributory” coverage in CONTRACTOR’S policies shall be at least as
broad as ISO form CG20 01 04 13.
3. Except for professional liability insurance or worker’s compensation
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.
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
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requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in
this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater. No representation is
made that the minimum Insurance requirements of this agreement are sufficient to cover the
obligations of the CONTRACTOR under this agreement.
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. Except as otherwise provided in Paragraph B., 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 m isconduct. 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 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.
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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. CONTRACTOR shall perform all services under this Agreement in accordance wi th
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
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: Homelessness Program Manager
City of San Rafael
1400 Fifth Avenue
San Rafael CA 94915-1560
TO CONTRACTOR: Eileen Richardson, President & CEO
Downtown Streets Team
1671 The Alameda Suite 306
San Jose, CA 95126
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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. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR
under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid
checks or other amounts.
19. 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.
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20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. 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. CITY shall not be required to pay
for any work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination)
of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one document. Counterpart signature pages may be delivered by telecopier, email or other
means of electronic transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
______________________________ By:______________________________
JIM SCHUTZ, City Manager
Name:____________________________
Title:_____________________________
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[If CONTRACTOR is a corporation, add signature of second
corporate officer]
ATTEST: and
______________________________ By:______________________________
LINDSAY LARA, City Clerk
Name:____________________________
Title:_____________________________
APPROVED AS TO FORM:
______________________________
ROBERT F. EPSTEIN, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
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 serve people experiencing homelessness in San Rafael ,
including people in emergency shelter, rapid rehousing, and/or other supportive
housing programs in San Rafael (hereinafter “Team Members”).
C. Contractor will establish two bases of operation for the Volunteer Work
Experience Program, one in Downtown and one in the Canal neighborhood, each
with an approximately equal number of Team Members.
D. 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 opportunitie s, and case management
for employment related activities.
E. Contractor will support Team Members to graduate to other community
programs.
F. Contractor will work closely with case managers at partner agencies including the
Ritter Center, the St. Vincent de Paul Society of Marin, Community Action Marin,
Homeward Bound of Marin, and the County of Marin to ensure services to
individual Team Members are coordinated.
G. Contractor will conduct outreach to businesses in order to create and expedite
employment placements for Team Members.
H. Contractor will provide monthly progress reports using a template provided by the
City.
I. Contractor will regularly coordinate with the City of San Rafael on program
operation, including periodic check-ins with City staff (quarterly or more frequent),
as well as joining City meetings such as the Health and Safety Coordinating
Committee and/or San Rafael by-name-list meetings (as needed).
J. Contractor will meet at least once during each fiscal year of this Agreement with
a subcommittee of City Councilmembers , the City Manager, and other
appropriate City staff for a performance and program review.
K. Contractor will ensure it is complying with state and federal policies, guidance,
and laws regarding Human Resource best practices and requirements for
creating a safe and professional workplace for staff members and Team
Members.
Downtown Streets Team Program Outcomes & Measures:
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1) Employment Outcomes
a. 25 Team Members will obtain employment in each fiscal year.
b. 100% of such Team Members will retain em ployment 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 remove blight from areas throughout San Rafael as
demonstrated by before and after photos and quantified trash statistics.
b. Contractor will maintain a minimum team size of 20 Team Members, with
at least 10 based in Downtown and 10 based in the Canal neighborhood.
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.
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 “time in program” data on Team
Members (i.e. 0-3 Months, 4-6 Months, 6-12 months, 1-2 years,
longer than 2 years).
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5) Organizational Performance
a. Contractor will develop a process to ensure the employee handbook is
reviewed for quality and distributed annually.
b. Contractor will develop a process to ensure all employees, including
management, acknowledge the employee handbook annually.
c. Contractor will have a policy in place to address any potential conflicts of
interest among staff, particularly among family members, and will
employees with instructions on how to file a complaint or report
inappropriate behavior related to these key management employees.
d. Contractor will have an investigative procedure policy
