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HomeMy WebLinkAboutCD Volunteer Work Program Serving the HomelessAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND DOWNTOWN STREETS, INC. FOR IMPLEMENTATION AND MANAGEMENT OF A VOLUNTEER WORK PROGRAM SERVING THE HOMELESS j THIS AGREEMENT is made and entered into this / day of w, 2023, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DOWNTO N STREETS, INC., a 501(c)(3) organization (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the 2022 Marin County Homeless Point -in -Time Count indicated there were 1,121 people experiencing homelessness throughout the County, including 348 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 2023-2024; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all 4872-1018-6602 v1 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 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 $200,000 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, 2023, and shall end on June 30, 2024. 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 4872-1018-6602 v1 2 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) 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, 4872-1018-6602 v1 3 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 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 affect 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 4872-1018-6602 v1 4 CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the 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 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 4872-1018-6602 v1 5 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. 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 with 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: Chris Hess, Assistant Community Development Director City of San Rafael 4872-1018-6602 v1 6 1400 Fifth Avenue San Rafael CA 94915-1560 TO CONTRACTOR: Chris Richardson, Chief Program Officer Downtown Streets Team 1671 The Alameda Suite #301 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. 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. 4872-1018-6602 v1 7 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. 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 4872-1018-6602 v1 8 CRISTINE ALILOVICH, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: cvj, Cla,& ROBERT F. EPSTEIN, Ci ttomey 4872-1018-6602 v1 By: . JV Name: 0 Y'i m a nan Title:! z 4 r/ /nar iG l G 7cr- [If CONTRACTOR is a corporation, add signature of second corporate officer] and By: Name: Title: CFI�r EXHIBIT A SCOPE OF SERVICES Programs and Services covered under this contract: Downtown Streets Team (Program Outcomes and Measures. Contractor will achieve the following outcomes for the Volunteer Work Experience and Workforce Development Services: 1. Contractor will maintain a Team size of 20 Team Members, with at least 10 based in Downtown and 6 based in the Canal neighborhood, 4 Team Members will target "hotspots" and encampment areas deemed by City of San Rafael Staff. 2. Contractor will remove a minimum of 100,000 gallons of blight from areas throughout San Rafael as demonstrated by before and after photos and quantified trash statistics. 3. Contractor will continue weekly collaboration with SAFE Team to ensure street outreach needs are being met throughout San Rafael. 4. Contractor will assist at least 15 Team Members in obtaining employment. Contractor will measure and report on employment retention and strive to achieve that 75% of such Team Members will retain employment for at least (3) months. 5. Contractor will assist 15 Team Members in finding secured housing placements. 6. Contractor will assist Team Members in removing at least 500 barriers to self- sufficiency (i.e. retrieving vital documents, completing resumes, accessing healthcare, enrolling in substance abuse treatment programs, record expungement, etc.) 7. Contractor will conduct quarterly anonymous surveys to collect self -reported data from Team Members: a. Goal: 50% of Team Members with a mental health condition will seek out or remain in treatment. b. Goal: 50% of Team Members with a substance use disorder will seek out or remain in treatment. c. Goal: 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. d. Goal: 75% of Team Members will feel respected and heard by staff. e. Goal: 75% of Team Members will report improved self-esteem and feelings of self-worth. 9. Contractor will provide monthly progress reports using a template provided by the City of San Rafael. 4872-1018-6602 v1 10 Operations. Contractor will meet the following requirements in operations of the Downtown Streets Team's Volunteer Work Experience Program in San Rafael: A. Contractor will continue the Volunteer model and Workforce Development Services launched in 2013 in San Rafael. B. Contractor will provide at least two full-time staff members (1 FTE Project Manager and 1 FTE Case Manager/Employment Specialist) to supervise and administer the Volunteer Program and Workforce Development Services in San Rafael. Contractor will submit payroll summaries with monthly invoicing. C. Contractor will provide a minimum of 10,000 hours of community cleanup services through the Street Beautification Program. A minimum of 15 and up to 20 individuals will be involved in the program at one time, with those individuals being people experiencing homelessness and/or people who are facing imminent housing insecurity (hereinafter referred to as "Team Members"). Contractor must maintain backup documentation, including but not limited to, a reconciliation of volunteer hours to stipends issued. D. Contractor will continue operations of the Volunteer Work Experience Program in Downtown San Rafael, the Canal Neighborhood, as well as targeted "hot spots" and encampments as determined by the City of San Rafael within city limits. E. Contractor will conduct outreach to individuals residing in encampments in San Rafael in preparation of encampment closures. Team Members may choose not to be present during encampment closure activities to maintain trusted relationships between Team Members and their peers residing in encampments. If additional cleanup is deemed necessary after encampment closure, Contractor may conduct debris removal at closed encampment site after closure has completed. F. Contractor will operate the Volunteer Work Experience Program five days a week in agreed upon project areas. Team Members may not volunteer in inclement weather because of the increased health risk due to lack of housing. Inclement weather includes rain, extreme heat or cold, snow, or air quality. Team Members also do not volunteer during observed holidays. G. Contractor will coordinate with the City of San Rafael on special projects including quarterly check -ins to determine the most appropriate deployment sites for Downtown Streets Team's services (e.g., Mahon Path, Canal Marsh, etc.). H. Contractor will provide transportation for Team Members to deploy to cleanup sites throughout San Rafael when necessary. I. Contractor will work closely with staff from City of San Rafael Community Development, San Rafael Police Department, and San Rafael Business Improvement District to identify encampments and other priority outreach and cleanup locations. J. Contractor will provide workforce development services to assist Team Members transitioning to permanent employment. Such services may include job search classes and personalized job search support, resume and interview prep, developing internship placements, and developing mentor opportunities. 4872-1018-6602 v1 11 K. Contractor will conduct outreach to businesses to expedite hiring processes for Team Members. L. To the extent possible, contractor will make general employment services, such as job search classes and employment leads, available to all persons experiencing homelessness in San Rafael, as well as people recently housed or sheltered in local programs. M. Contractor will provide support services to assist Team Members with barriers to stable housing and employment. Such services may include enrolling in County benefits, record expungement, securing identification documents, completing work histories, providing transportation, referrals to hygiene services, and other similar support services. N. Contractor will work collaboratively with case managers at partner agencies including, but not limited to, SAFE Team, St. Vincent de Paul Society of Marin, Community Action Marin, Homeward Bound of Marin, Ritter Center, Marin Community Clinics, and the County of Marin to provide wraparound support and care for Team Members. O. 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. 4872-1018-6602 v1 12 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Chris Hess Extension: 5017 Contractor Name: Downtown Streets Inc. Contractor's Contact: CHRIS RICHARDSON (650) 804-6701 Contact's Email: Chris@streetsteam.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Done with 2022 contract b. Email contract (in Word) and attachments to City 6/14/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org 6/14/2023 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager Insurance OK b. Confirm insurance requirements, create Job on With prior PINS, send PINS insurance notice to contractor agreement 3 Department Director Approval of final agreement form to send to 7/5/2023 ❑X _ch_ contractor 4 Project Manager Forward three (3) originals of final agreement to 7/5/2023 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 6/22/2023 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 7/17/23 ch Attorney with printed copy of this routing form 7 City Attorney I Review and approve hard copy of signed II i agreement 8 City Attorney Review and approve insurance in PINS, and bonds I„; r I Z� r U`-j (for Public Works Contracts) 9 1 City Manager / Mayor Agreement executed by City Council authorized 1 1 official Attest signatures, retains original agreement and 10 City Clerk hh' forwards copies to Project Manager Fj U