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HomeMy WebLinkAboutCM Volunteer Work Program Serving the Homeless 2024AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND DOWNTOWN STREETS, INC. FOR IMPLEMENTATION AND MANAGEMENT OF EMPLOYMENT DEVELOPMENT AND VOLUNTEER WORK PROGRAM SERVING THE HOMELESS This Agreement is made and entered into as of Sep 15) 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and DOWNTOWN STREETS, INC., a California Nonprofit Corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES'; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, as further described in Exhibit A, CITY shall pay CONSULTANT for all materials provided and services Rev 08 22 rendered by CONSULTANT a total amount not to exceed $200,000. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of itemized invoices. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2024 and terminate on June 30, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Mel Burnette, Homeless and Housing Analyst, 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Chris Richardson is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 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 fifteen (15) 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, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. 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 CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. v 08 22 2 OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT 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 CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT'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 CONSULTANT'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 CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indem nitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08 22 CONSULTANT 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. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. 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. 11. NONDISCRIMINATION. CONSULTANT 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. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BFN .FiCIARIES. CITY and CONSULTANT 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. v 08 22 4 14. 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's Project Manager: Mel Burnette, Homeless and Housing Analyst 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Zoe Neil, Regional Director Downtown Streets Team 1671 The Alameda Suite #301 San Jose, CA 95126 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT 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. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT v 08 22 under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 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 costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. 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. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. 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. v 08 22 [Signatures are on the following page.] v0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: Z'—iie .AZ.6111 Cristine Alilovich (Sep 15, 202410:23 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney Robert-Ir. E fi! ePf z, Rebr,l f Eparin (Sep 9. 024 21 32 PDTI By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk Emu Nwwi 6 oy) Orcnna Nurml (fuU {Sep 16. 2024 0 :22 P TI LINDSAY LARA, City Clerk v 08 22 8 CONSULTANT: ,7cdi2 Gadrr2` Julie Gardner -,24, 1U.4 -111- By: Downtown Streets, Inc Name: Julie Gardner Title: CEO [If CONSULTANT is a corporation, add signature of second corporate officer] 14e By: Downtown Streets Inc Name: Marina Peterson Title: Chief Financial Officer EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT'S proposal, which is attached to this Exhibit A. A. Program Description 1. Volunteer Work Experience Program: the Streets Team Volunteers Program (STVP), DST's flagship program, invites people experiencing homelessness to volunteer on teams dedicated to cleaning streets, parks, encampments, and other public spaces. This program fosters community, builds confidence, reaffirms dignity, and develops employment soft skills such as punctuality, cooperation, and personal responsibility. Team Members, who are unhoused neighbors or at risk of homelessness, receive access to case management, system navigation, and employment placement services from trained DST Case Managers and Employment Specialists. 2. Workforce development through social enterprise: In 2019, Streets Team Enterprises (STE) was incorporated into DST as a social enterprise workforce development program. STE's mission is to help individuals attain permanent employment by providing training and transitional paying jobs. STE provides a steppingstone of supported employment to people impacted by homelessness, systemic trauma, and incarceration. Staff earn a wage while gaining practical employment experiences and are supported with case management, employment services, and housing linkage. Participation in STE is designed to be temporary, with the end goal of participant employees achieving self-sufficiency through lasting external employment. 3. Service types and locations: a. Mahon Creek Path encampment: DST has been operating throughout all facets of DST Marin County's programming to serve residents at the Mahon Creek Path Encampment in San Rafael since its inception. Since July 2023, our STVP Team has removed 24,500 gallons of debris from the Mahon Creek trail, and our case management staff have been the primary support in permanently housing 8 Mahon Creek residents. Furthermore, our bilingual outreach staff have been successfully building rapport and trust with the monolingual Spanish-speaking undocumented community members residing on Mahon Creek Trail and the surrounding areas, connecting them with vital services. b. Downtown Business District c. Canal Neighborhood 4. Program staffingoffered: ffered: the following DST Staff are employed under this City of San Rafael contract: • STVP & STE Program Manager (DST Marin Staff) Manages the STVP and STE programs, ensuring alignment with programmatic and organizational goals. Directly supporting our STVP & STE Housing Case Manager, our STVP & STE Employment Specialist, and STE Participant Employees. • STVP & STE Housing Case Manager (DST Marin Staff) Provides housing case management services for both STVP and STE participants and alumni, Rev 08 22 A-1 assisting them in removing clients' barriers to self-sufficiency with the ultimate goal of securing stable housing. • STVP & STE Employment Specialist (DST Marin Staff): Provides employment services for both STVP and STE participants and alumni, assisting them in removing clients' barriers to self-sufficiency with the ultimate goal of securing employment placements. • STVP Lead (STVP Participant Employee) Supervises Teams of volunteers under our City of San Rafael contract conducting debris removal and beautification projects as well as administering peer -to -peer street outreach with individuals experiencing homelessness in efforts to increase volunteership as well as connect them to other services. B. Operational Standards Consultant will meet the following requirements in operations of the Downtown Streets Team's Volunteer Work Experience Program in San Rafael: 1.Consultant will continue the Volunteer model and Workforce Development Services launched in 2013 in San Rafael. 2. Consultant 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. Consultant will submit payroll summaries with monthly invoicing. 3. Consultant 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"). Consultant must maintain backup documentation, including but not limited to, a reconciliation of volunteer hours to stipends issued. 4. Consultant 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. 5. Consultant 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, Consultant may conduct debris removal at closed encampment site after closure has completed. 6. Consultant 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. 7. Consultant 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.). 8. Consultant will provide transportation for Team Members to deploy to cleanup sites throughout San Rafael when necessary. v 08 22 2 9. Consultant 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. 10. Consultant 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. 11. Consultant will conduct outreach to businesses to expedite hiring processes for Team Members. 12. To the extent possible, consultant 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. 13. Consultant 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. 14. Consultant 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. 15. Consultant 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. C. Impact measures and deliverables for FY 24-25: DST will achieve the following outcomes for the Volunteer Work Experience and Workforce Development Services, reporting progress to the City monthly or quarterly on impact measures as described below. • At least 50 STVP volunteers served • At least 4 STE Participant Employees hired • At least 15 Jobs secured • At least 100,000 gals of debris removed Downtown Streets Team Program Outcomes and Measures. Consultant 1. Consultant 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. Consultant 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. v 08 22 3. Consultant will continue weekly collaboration with SAFE Team to ensure street outreach needs are being met throughout San Rafael. 4. Consultant will assist at least 15 Team Members in obtaining employment. Consultant 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. Consultant will assist 15 Team Members in finding secured housing placements. 6. Consultant will assist Team Members in removing at least 500 barriers to self- suf'ficiency (i.e. retrieving vital documents, completing resumes, accessing healthcare, enrolling in substance abuse treatment programs, record expungement, etc.) 7. Consultant 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. Consultant will provide monthly progress reports using a template provided by the City of San Rafael. voszz 4 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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 CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' 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. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' 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 CONSULTANT'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 CONSULTANT'S policies shall be at least as broad as Rev 0822 B-1 ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT 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. Ifthe 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 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 CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08 22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY 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 CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER 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 CONSULTANT. 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 the CITY. 08 22 B-4 AGREEMENT FOR San Rafael FY24-25 Services Final Audit Report 2024-08-26 Created: 2024-08-22 By: Mel Bumette (melanie.bumette@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAjCenYQZDcbgdT5ArluN4nwACflgkko7N "AGREEMENT FOR San Rafael FY24-25 Services" History Document created by Mel Burnette (melanie.burnette@cityofsanrafael.org) 2024-08-22 - 9:15:18 PM GMT P* Document emailed to Julie Gardner (Julie@streetsteam.org) for signature 2024-08-22 - 9:15:24 PM GMT P-► Document emailed to Marina Peterson (marina@streetsteam.org) for signature 2024-08-22 - 9:15:24 PM GMT Email viewed by Julie Gardner (Julie@streetsteam.org) 2024-08-22-11:58:30 PM GMT Email viewed by Marina Peterson (marina@streetsteam.org) 2024-08-23 - 0:04:24 AM GMT d© Document e-signed by Julie Gardner (Julie@streetsteam.org) Signature Date: 2024-08-26 - 1:35:51 PM GMT - Time Source: server Email viewed by Marina Peterson (marina@streetsteam.org) 2024-08-26 - 5:47:54 PM GMT d© Document e-signed by Marina Peterson (marina@streetsteam.org) Signature Date: 2024-08-26 - 7:19:25 PM GMT - Time Source: server Agreement completed. 2024-08-26 - 7:19:25 PM GMT I Adobe Acrobat Sign RAF` i 2 m WITH P , 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: City Manager's Office Project Manager: Mel Burnette Extension: 5531 Contractor Name: Downtown Streets Team, Inc. Contractor's Contact: Chris Richardson 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 Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 7/30/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 8/5/2024 and return to Project Manager 8/5/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 8/19/2024 FZ contractor 4 Project Manager Forward three (3) originals of final agreement to 8/21/2024 Z 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 Xl Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 8/19/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 8/27/2024 MB 6 Project Manager Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorized 9 City Manager/ Mayor official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager PSA - Downtown Streets, Inc. - Employment Development & Volunteer Work Program Final Audit Report 2024-09-16 Created: 2024-09-06 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAKvJs92Mk-4QYbgR2CyUponMpw7rcbOcQ "PSA - Downtown Streets, Inc. - Employment Development & V olunteer Work Program" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-09-06 - 8:01:00 PM GMT- IP address: 99.145.194.25 F41 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-09-06 - 8:03:01 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-09-06 - 10:18:41 PM GMT- IP address: 104.47.64.254 d� Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-09-06-10:25:47 PM GMT - Time Source: server- IP address: 199.88.113.8 '`'+ Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-09-06 - 10:25:49 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-09-10 - 4:32:23 AM GMT- IP address: 104.28.123.163 6e Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-09-10 - 4:32:43 AM GMT- IP address: 104.28.123.163 6© Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-09-10 - 4:32:45 AM GMT - Time Source: server- IP address: 104.28.123.163 El Document emailed to city.clerk@cityofsanrafael.org for approval 2024-09-10 - 4:32:47 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-09-10 - 3:22:38 PM GMT- IP address: 104.47.65.254 SAN RAFAEL I Adobe °" 'T ""' "'SS C` Acrobat Sign iSe Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-09-10 - 3:22:45 PM GMT- IP address: 199.88.113.8 60 Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-09-10 - 3:22:47 PM GMT - Time Source: server- IP address: 199.88.113.8 124 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-09-10 - 3:22:50 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-09-15 - 5:23:35 PM GMT- IP address: 104.47.64.254 &0 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-09-15 - 5:23:47 PM GMT- IP address: 76.103.109.159 GSo Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-09-15 - 5:23:49 PM GMT - Time Source: server- IP address: 76.103.109.159 P-, Document emailed to city.clerk@cityofsanrafael.org for signature 2024-09-15 - 5:23:51 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-09-16 - 2:22:27 PM GMT- IP address: 104.47.65.254 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-09-16 - 2:22:39 PM GMT- IP address: 199.88.113.8 60 Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-09-16 - 2:22:41 PM GMT - Time Source: server- IP address: 199.88.113.8 ® Agreement completed. 2024-09-16 - 2:22:41 PM GMT Powered by k,, SAN RAFAEL Adobe Acrobat Sign