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Home My WebLink AboutED Transportation Assistance; St. Vincent de PaulAgenda Item No: 3. g Meeting Date: March 16, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development City Manager APProvaOPrepared by: Stephanie Lovette C Economic Development Manager SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ST. VINCENT DE PAUL SOCIETY FOR AN EXISTING REUNIFICATION PROGRAM TO PROVIDE TRANSPORTATION ASSISTANCE TO INDIGENT MEMBERS OF THE COMMUNITY IN AN AMOUNT NOT TO EXCEED $5,000 RECOMMENDATION: Adopt Resolution approving a three year professional services contract with St. Vincent de Paul Society in the amount of $5,000 to provide transportation assistance and other services related to an existing reunification program. BACKGROUND: The City of San Rafael adopted a Homeless Action Plan (the "Plan") in June 2013. The Plan consisted of a series of actions to be undertaken by the City to address the impact of the street population on Downtown by focusing on Police and Fire Department actions and better coordination with social service agencies, County mental health and the court system. The City's Plan recognized the financial and programmatic limitations of local government in addressing the homeless issue because social services are managed and funded through counties, not local governments. The key accomplishments of the City's Plan to date are as follows: • Creation of the Police "HOME" Team which resulted in guiding 16 people into treatment programs and off the streets. • Conducted Fire Prevention and Homeless Encampment Clearance, resulting in the removal of 212 areas of unlawful camping and close to complete elimination of open space fires. • Engaged the Downtown Streets Team, resulting in 32 of its Team members obtaining permanent employment and performing 18,000 hours of community service work in San Rafael. • Worked with local liquor store owners to reduce alcohol access. FOR CITY CLERK ONLY File No.: Lf — 57S6 Council Meeting: 31/1,1.4015' Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 In Marin, homeless programs and funding are based on the 10 year plan to end homelessness entitled "Home for All". The Home for All Plan was developed through an extensive community process that included residents, consumers, local social service agencies and organizations outside of Marin that shared their "best practices". The Home for All Plan provides the priorities for allocating funds for Countywide homeless programs and services, including about $ 2.6 Million of Federal funds and about $6 Million of County funds. The primary focus of the Home for All 10 year plan is to increase permanent housing options for persons experiencing homelessness. To that end, approximately $550,000 in federal funds was reallocated from transitional housing programs to create more permanent housing beds through Ilomeward Bound and Ritter Center. In addition, the County recently allocated $750,000 to various rental assistance programs that will be administered by community-based organizations, including St. Vincent's. In total, $1.3M in new funding was directed towards permanent housing in 2014. The County mental health plan has a separate funding allocation but is part of the $15 Million that is spent by Marin County on housing, mental health, and medical services for the homeless. There are monthly Home for All implementation working group meetings and quarterly meetings of the Homeless Policy Steering Committee (HPSC) which is chaired by Supervisor Rice. Local elected officials are also represented at these meetings through the auspices of the Marin Mayors and City Council members ("MCCMC") organization. MCCMC has a committee on homelessness which is chaired by Councilmember Colin. Councilmember Colin participates regularly with the IIPSC, in her capacity as Chair of the MCCMC homelessness committee and San Rafael City Council Homeless Subcommittee. DISCUSSION: On November 17, 2014 the City Council received a progress report on the City's Homeless Action Plan. This report included information on a "Return Home" program run by the local St. Vincent de Paul Society. The "Return Ilome" program provides transportation for people to return to areas where they have family networks or employment opportunities. Staff recommended that the City contribute $5,000 to this program. The City Council accepted the staff recommendation and requested staff to return with a draft contract including guidelines and metrics for a program. St. Vincent's primary focus is to prevent homelessness and rapidly rehouse Marin residents that have lost their housing. St. Vincent's provides their services in the community through the Ilome Visits program and at their B Street location through the homeless help desk. Last year trained volunteers visited 2,088 homes of low income households in Marin who were in danger of losing their housing and provided over $595,000 of aid. These home visits prevented 8,130 people, including 3,729 children, from becoming homeless. The homeless help desk at the B Street location met with 1,428 individuals last year and provided $194,000 of aid. This aid included assisting 136 people with bus or train fare to reconnect with family members or to take advantage of job opportunities. St. Vincent's does not pay for people to leave Marin and end up homeless in another place. Prior to providing Return Home funding, staff verifies with family members or employers that the person will have a stable housing environment. Each person that is sent home signs an agreement with St. Vincent's that they are leaving the area permanently and therefore will not qualify for further services from St. Vincent's Marin, including the free dining room. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 St. Vincent's has recently undertaken a shift in focus from having a homeless help desk that satisfies emergency needs to a housing help desk that focuses on finding sustainable housing. As part of this effort, St. Vincent's hired Connie Borges, an experienced case manager with decades of experience in locating housing for homeless clients and working with landlords. Ms. Borges will manage the program and train the 15+ experienced volunteers who will focus on finding and maintaining stable housing. This shift has been possible through contracts with Marin County Health and Human Services -that funded the expansion of the existing rapid rehousing program and provided initial funding for a housing locator service. The County funds are leveraged by private funds that St. Vincent's raises in the community. The housing help desk and housing locator services will be available to clients of all social service organizations in Marin that are precariously housed and homeless. Last year St. Vincent's received over 4,500 client referrals from other local social service organizations. : As part of this new emphasis on housing, the housing desk volunteers will be formally trained to ask about housing options outside of Marin, including family and friends in other areas. Through this additional volunteer training and outreach to other social service organizations about the Return Home program, St. Vincent's believes that the program can be increased by at least 10% in 2015 and into the future. Staff is recommending that the City provide a one-time payment $5,000 to St. Vincent's for the Return Home program. The City's assistance will allow St. Vincent's to continue and grow the Return Home program while also providing more funding to assist local residents to find stable housing. The contract between the City and St. Vincent's will require annual reporting on the number of persons served, the amount of funds used and the remaining fund balance. Chief Bishop also received a $10,000 grant to provide transportation assistance to homeless individuals that wish to return to their home region. The grant was from the Marin County Community Protection Partnership which is part of the Governor's criminal justice realignment plan (AB 109). These grant fiends will be controlled and allocated by the SRPD. The SRPD anticipates the funding will be used to assist persons that have been part of the criminal justice system in California and also to fiind extradition to States where people have warrants and the "home" State will not pay for extradition. FISCAL IMPACT: Staff estimates that the City spends almost $1 Million per year on services provided to the homeless population including mental health, Downtown Streets Team, additional Police officers and open space ranger hours and Public Works staff and contractors to address illegal camping and vegetation management. This contribution is spread over a variety of departmental budgets. In Fiscal Year 2012-13, the City Council allocated an additional $ 375,000 from the City's General Fund for activities related to the Homeless Initiative. The contract with St. Vincent's would be funded as part of the existing budget allocation for the homeless initiative. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 COMMUNITY OUTREACH: Copies of the City's Homeless Action Plan and all updates to the Plan are available on the City of San Rafael website- click HERE. The City Council addressed the City's Homeless Action Plan at Council meetings in May 2013, February 17, 2014 and November 17, 2014. The City Council also sought community input through the Citizens Advisory Committee on Economic Development and Affordable Housing ("CAC"). The CAC held community updates on the City's plan in October 2013, February 2014 and July 2014. Council representatives were in attendance at all three meetings. OPTIONS: 1) Adopt the Resolution approving the contract with St. Vincent's. 2) Direct staff to make changes to the contract with St. Vincent's. 3) Do not adopt the Resolution. ACTION REQUIRED: Adopt Resolution. ATTACHMENTS: A - Draft Contract and Scope of Services RESOLUTION NO. 13893 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ST. VINCENT DE PAUL SOCIETY FOR AN EXISTING REUNIFICATION PROGRAM TO PROVIDE TRANSPORTATION ASSISTANCE TO INDIGENT MEMBERS OF THE COMMUNITY IN AN AMOUNT NOT TO EXCEED $5,000 WHEREAS, The City of San Rafael adopted a Homeless Action Plan (the "Plan") in June 2013. WHEREAS, the City of San Rafael Homeless Action Plan consists of a series of actions to be undertaken by the City to address the impact of the street population on Downtown by focusing on Police and Fire Department actions and better coordination with social service agencies, County mental health and the court system; and. WHEREAS, The City Council has sought community input on the Homeless Action Plan through the Citizens Advisory Committee on Economic Development and Affordable Housing ("CAC"). The CAC held community updates on the City's plan in October 2013, February 2014 and July 2014; and WHEREAS, the City Council received a report of the Homeless Action Plan on February 18, 2014 and November 17, 2014; and WHEREAS, On November 17, 2014, the City Council staff report provided information on a reunification program run by the local St. Vincent de Paul Society. This program provides transportation to people that have support networks of family or friends in other areas; and WHEREAS, Staff recommended that the City contribute $5,000 to this program. The City Council accepted the staff recommendation and asked staff to return with a draft contract including guidelines and metrics for a program. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: Authorizes the City Manager to enter into a contract with the St Vincent de Paul Society of Marin in the amount of $5,000 for the "Return Home" program, in a form to be approved by the City Attorney. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. I, ESTHER C. BEIRNE, 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 sixteenth day of March, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN RAFAEL AND THE ST VINCENT DE PAUL SOCIETY OF MARIN FOR A REUNIFICATION PROGRAM This Agreement is made and entered into this first day of April, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the St. Vincent de Paul Society of Marin (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the contractor has been operating a Return Home Program since 1995 that provides transportation assistance to homeless and precariously housed persons in Marin to relocate to places with family support or employment opportunities; and WHEREAS, St. Vincent's staff works closely with the San Rafael Police Department HOME Team, the Downtown Streets Team, CARE Team II, the County probation department and other local social service providers to identify potential support networks outside of Marin for their clients and to provide transportation assistance for those clients; WHEREAS, the City of San Rafael desires to support the expansion of the program to assist more people and to reduce the number of homeless persons in San Rafael. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: I . PROJECT COORDINATION. A. CITY'S Project Manager. The Economic Development 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'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Christine Paquette, Executive Director 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 follows: Operate a reunification program that provides transportation assistance to persons in Marin County that are homeless or in immediate danger of losing their housing and becoming homeless. Utilize Rev. Date: 1/30,/14 1 �J U .li City finlds only on persons that have been verified as currently abiding in or receiving ongoing services in San Rafael. Identify the responsible party that will receive the client in the new location and verify that the person will be provided with a stable housing situation. Require each funding recipient to sign a contract stating that they are leaving the area pennanently and will therefore not be eligible for any further services from social service agencies in Marin including use of the free dining room. Notify other San Rafael social service agencies that work with homeless clients about the finlding availability and program requirements. Provide annual reporting to the City of San Rafael listing the name of the client assisted, the amount of transportation assistance and the remaining balance of the City funds. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: The San Rafael Police and the SRPD HOME Team will include questions about support networks outside of the community in all contacts with the street population and will make appropriate referrals to the St. Vincent's housing help desk. City staff will also assist St. Vincent's staff by contacting identified family members to arrange logistics and assure a stable housing situation in the new location. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a one Time payment of $5,000. 5. TERM OF AGREEMENT. The term of this Agreement shall be for three year(s) commencing on April 1, 2015 and ending on April 1, 2018. Upon mutual agreement of the parties, and subject to the approval of the City Manager the terra of this Agreement may be extended for an additional period of two year(s). 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 tenninate 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. Rev. date: 1/30/14 D. Return of Documents. Upon termination, any and all CITY docUments or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the perfonnance of its duties under this Agreement, 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 put -pose, 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 and materials maintained by CONTRACTOR in connection with its 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 patties 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 pet -forms any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) 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 Rev. date: 1/30/14 compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 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, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 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 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 Rev. date: 1/30,114 4 proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the filllest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees 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. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined Rev. date: 1/30/14 5 under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. 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. 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: Rev. date: 1/30/14 is TO CITY's Project Manager: Stephanie Lovette City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: Christine Paquette Executive Director St. Vincent de Paul Society of Marin County P.O. Box 150527 San Rafael, CA 94915 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. Rev. date: 1/30114 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 tern, 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 terns 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. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ManagerNANCY MACKU, City ATTEST: Rev. date: 1/30/14 CONTRACTOR Un Na , Title: .�� 1"',".. ,, M� ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Cit Attorn Rev. date: 1/3W14 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor fords-� their signature. Obtain at least two signed ILea5 originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and nA e endorsements. ,(y� 1�/*// 5 City Manager / Mayor / or Agreement executed by Council authorized //��ls,� Department Head official. 6 City Clerk City Clerk attests signatures, retains original �� , agreement and forwards copies to the , e, 1.-a 1 1 contracting department. To be completed by Contracting Department: p Project Manager: Project Name: Pro,-,ra r,,,,— Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. Ap,�osex Res b _ t CAW _ �--- IN RESOLUTION NO. 13893 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ST. VINCENT DE PAUL SOCIETY FOR AN EXISTING REUNIFICATION PROGRAM TO PROVIDE TRANSPORTATION ASSISTANCE TO INDIGENT MEMBERS OF THE COMMUNITY IN AN AMOUNT NOT TO EXCEED $5,000 WHEREAS, The City of San Rafael adopted a Homeless Action Plan (the "Plan") in June 2013. WHEREAS, the City of San Rafael Homeless Action Plan consists of a series of actions to be undertaken by the City to address the impact of the street population on Downtown by focusing on Police and Fire Department actions and better coordination with social service agencies, County mental health and the court system; and . WHEREAS, The City Council has sought community input on the Homeless Action Plan through the Citizens Advisory Committee on Economic Development and Affordable Housing ("CAC"). The CAC held community updates on the City's plan in October 2013, February 2014 and July 2014; and WHEREAS, the City Council received a report of the Homeless Action Plan on February 18, 2014 and November 17, 2014; and WHEREAS, On November 17, 2014, the City Council staff report provided information on a reunification program run by the local St. Vincent de Paul Society. This program provides transportation to people that have support networks of family or friends in other areas; and WHEREAS, Staff recommended that the City contribute $5,000 to this program. The City Council accepted the staff recommendation and asked staff to return with a draft contract including guidelines and metrics for a program. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: Authorizes the City Manager to enter into a contract with the St Vincent de Paul Society of Marin in the amount of $5,000 for the "Return Home" program, in a form to be approved by the City Attorney. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. INSTRUCTIONS FROM: DEPARTMENT: DATE: CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. Stephanie Lovette TITLE OF DOCUMENT: Economic Development Successor/ SRCC AGENDA ITEM NO..� DATE OF MEETING ,rcA-- 1 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ST. VINCENT DE PAUL SOCIETY FOR AN EXISTING REUNIFICATION PROGRAM TO PROVIDE TRANSPORTATION ASSISTANCE TO INDIGENT MEMBERS OF THE COMMUNITY IN AN AMOUNT NOT TO EXCEED $5,000 Departent Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AG NDA ITEM: �Llt CAW - City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature) "