Agenda Item No: 5.b

Meeting Date: February 19, 2013

SAN RAFAEL CITY COUNCIL AGENDA REPORT

Department: Economic Development

Prepared by: Stephanie Lovette, Manager ~ City Manager Approval'YJ HUDLer

SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNTOWN STREETS TEAM IN AN AMOUNT NOT TO EXCEED $272,000

RECOMMENDATION: Adopt Resolution authorizing the City Manager to enter into a professional services agreement with the Downtown Streets Team.

BACKGROUND: On October 15, 2012 staff presented recommendations regarding homelessness and the quality of life in Downtown San Rafael. The staff recommendations were developed from the work of the City Council subcommittee and the community stakeholders group. A multipronged approach is now underway, with short term and long-term strategies, including approaching issues surrounding mental health, serial inebriates, crime, affordable housing, and public education. One of the strategies is to provide an avenue for members of the street population to obtain work experience through cleaning up Downtown. City staff and members of the community involved in the "Thursday Morning Group" evaluated several different models and recommended the Downtown Streets Team organization. The Thursday Morning Group is a community-based effort comprised of residents, business owners, and service providers. The Thursday Morning Group spent quite a bit of time and effort evaluating this concept and is pleased to support the Downtown Streets Team proposal.

ANALYSIS: Staff is recommending that the City of San Rafael contract with the Downtown Streets Team, which has similar successful programs in Palo Alto and San Jose, as well as other communities. The Downtown Streets program creates volunteer opportunities for homeless persons, in exchange for vouchers for food and/or housing. The model strives to rebuild lives and restore the dignity of the participants. The Streets Team has found that serving the community through work teams prepares members for permanent employment and housing.

FOR CITY CLERK ONLY

File No.: ____________ _

Council Meeting: _________ _

Disposition: __________ _

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

The Streets Team works in groups of twelve volunteers with oversight by a staff person. The members work for up to twenty hours per week in exchange for food and/or housing vouchers. The remaining 20 hours of the "work week" are reserved for job search activities, including a nine-week job search skills class.

The program is based on a "ladder of success" with participants graduating into leadership positions within the team. Streets Team staff works with each team member to remove barriers to housing, employment, and self-sustainability.

The Streets Team is proposing one twelve pers~m team and two full time staff persons; a Project Manager and an Employment Specialist. The Project Manager will run the team and work with local businesses that need additional cleaning'services. Additional private contracts can help grow the team and foster program sustainability. The Employment Specialist-Case Manager will assist clients in employment and self-sufficiency and recruit employers to hire team members. The Streets Team has a successful track record of moving members into employment and housing, and with collaboration with existing agencies and the business community, expects that success can be duplicated in San Rafael. The Employment Specialist will work closely with case managers at partner agencies including Ritter Center, St. Vincent's, the Care Team, and the Marin Employment Connection to assure services to individual team members are coordinated.

The Streets Team will provide a good complement to existing services for the street population without duplicating efforts. Marin County has a variety of employment related services for lower income residents including Homeward Bound's New Beginnings Center, the Marin Employment Connection, and the Conservation Corps. However, some members of the street community are not ready to access those programs. St. Vincent's and Ritter Center provide food, medical and support services without any formal requirement to "give back" to the community. The Streets Team provides a highly supported program that helps participants become ready to access existing employment programs and opportunities while giving back to the community.

In addition to the benefit provided to the participants, the City of San Rafael will benefit from the Streets Team cleaning the streets, sidewalks, and public parking areas in Downtown. As the program develops, the Streets Team will also contract with private businesses for cleanup services.

The Downtown Streets Team will require a small office space for the staff and a larger space for the weekly participant meetings. The proposal does not include rent for these two facilities so City staff will assist the organization on securing donated office space. The proposed budget includes $100 per participant for weekly food or housing vouchers. The food vouchers can be provided through a national retailer or by local businesses. The Thursday Morning Group, the BID, the Chamber of Commerce and local service providers have offered to work with the Downtown Streets Team to assure local firms have the opportunity to participate in the voucher program. Participation by local merchants may reduce the voucher costs and allow additional people to join the Downtown Streets Team.

The proposed agreement is for one year, with a 30 day termination notice provision. Staff and the community will have an opportunity to regularly evaluate Street Team progress and collaboration at the quarterly meetings planned to be held before the San Rafael Citizens Advisory Committee ("CAC") for Economic Development and Affordable Housing.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMP ACT: The Downtown Streets Team has provided a budget of $272,000 for the first year. Costs include project manager and case manager time, as well as the cost of vouchers and supplies. City funding is expected to be reduced over time, as the Downtown Streets Teams secures additional contracts from private businesses.

The City has received a pledge of a $50,000 contribution from the Marin Community Foundation for this important initiative. The County of Marin had previously committed to funding an initiative to address the impact of inebriates on the local hospitals. Mayor Phillips worked with Marin General and Kaiser to provide one year of funding for additional beds at the Vine Center to reduce the use of the hospital emergency rooms as a sobering center, or for other related County programs. Marin General will contribute $100,000 and Kaiser will contribute $50,000 cash and $50,000 of in-kind services to this effort. Due to the contributions from the two hospitals, and an additional $25,000 County contribution, County staff will be recommending to the Board of Supervisors that $150,000 be reallocated from the County's commitment to fund additional beds at the Vine Center and other County services, and an additional $25,000 be allocated to the City to fund Downtown Streets Team. Upon approval from the Board of Supervisors, staff will return to the City Council with an Agreement on the County funding commitment.

Staff is recommending the remaining $47,000 be funded from the City's "Homeless Initiative" funds in accordance with the February 4,2013 staff report.

Summary: Contract Costs Less: Marin Community Foundation Marin General (through County) Kaiser (through County) County of Marin

Net City Funds

OPTIONS:

$272,000

$50,000 $100,000

$50,000 (plus $50k in in-kind) $25,000

$47,000

1) Adopt the Resolution authorizing the City Manager to enter into a professional services contract with the Downtown Streets Team in a format to be approved by the City Attorney.

2) Request changes to the resolution and proposed contract. 3) Reject the Resolution.

ACTION REQUIRED: Adopt Resolution.

ATTACHMENTS: a) Proposal from the Downtown Streets Team b) Proposed Professional Services Contract. The final format of the contract will be approved

by the City Attorney.

RESOLUTION NO. ____ _

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNTOWN STREETS TEAM IN AN AMOUNT NOT TO EXCEED $272,000

THE CITY COUNCIL OF THE CITY OF SAN RAF AEL RESOLVES as follows:

The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San

Rafael, a professional services agreement with the Downtown Streets Team to implement a

volunteer work experience program for homeless persons, in a form to be approved by the City

Attorney. The agreement shall be for an amount not to exceed $272,000, the terms described in the

San Rafael Downtown Streets Team Project Proposal attached hereto as Exhibit A and incorporated

herein by reference.

I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certity that the foregoing

resolution was duly and regularly introduced and adopted at a regular meeting of the City Council

of said City held on Tuesday the nineteenth day of February, 2013, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ESTHER C. BEIRNE, City Clerk

D'''"T'''" 5TREET5 TEAM

Board of Directors

Norm Robinson, Chairman Dean of Student Affairs Emeritus, Stanford University

Sally Cadigan, Treasurer Former Nonprofit Executive Director

Matthew Bahls Associate Director of Development; Alumni Relations, Stanford University

Dennis Burns Chief of Police, City of Palo Alto

Owen Byrd Director of Sales and Marketing, Lex Machina

Annette Hancock Nonprofit Board Member

Carol Bubenthal Former Art Director, Palo Alto Weekly

Jeanne Murphy Former Nonprofit Executive Director

Eileen Richal'dson PresidentlExecutive Director, Downtown Streets Team

Esther Shih Owner, Far East Living

555 Waverly Street Palo Alto, CA 9430J

650-305-1174 www.streetsteam.org

Downtown Streets Team is a Palo Alto, California based nonprofit that works to restore the dignity of homeless men and women through the power of meaningful work. Our creative approach has garnered numerous awards, including Harvard University Kennedy School's Ash Institute "Top 50 Innovations in American Government," an award from the City of Palo Alto as an Outstanding Nonprofit, and the District Three Honoree at the Mayor's State of the City address in San Jose.

Downtown Streets Team strives to end homelessness by restoring the dignity and rebuilding the lives of unhoused men and women. Serving the community through work teams prepares members for permanent employment and housing.

Downtown Streets Team envisions a world where every man and woman has the opportunity to live a purposeful, dignified, and self-sufficient life.

We want dignity for every human being. We promote teamwork. We demonstrate integrity. We believe in constant evaluation and improvement. We advocate for those without voices.

ATTACHMENT A

San Rafael Streets Team project proposal

Organizatiofial Background-' .. ,.; .' . .' .:

The rrtission·of Downtown Streets. Team (DST) is to eradicate homelessness by' inviting homeless men' and women tQ·be part of the solution to homelessness, .' rather than just the problem. DST (DST) members participate in a volunteer Work Experience program that provides great value to partnered. non-profits, local governments, and even companies in the private sector. In exchange, team members earn food/basic needs vouchers,housing assistance, housing/shelter placement; " case management, transportation assistance, Job Search Skills classes, employment· placemen.t, and more; allwhile rebuilding their dignity,re-engaging with the regular communitY arid becoming part of a team that encourages and supports them as tlJ.ey work toward rebuilding their lives. ., 'i'

In 2009, DST's proactive model for eradicating homelessness was recognized as ' one of the Top 50.Innovations in Government by the Ash Center for Democratic Governance and Innovation at the Kennedy School of Government at Harvard University. The model - which has been scaled to successfully execute a wideTange of beautification projects - was orIginally developed by residents and business' owners in-Palo Alto,' GA who identified two major problems in the downtown area:

. litter and panhandling. These concerned members ofthecommunity developed tbe ideato employ the homeless men and women in Palo Alto to clean the Downtown· area. It was from this associative thinking that the DST was born, and the continued out-of-the-box thinking that has been the catalyst for the organization's explosive growth over the past six years. The organization has launched additional teams in San Jose, Sunnyvale, Gilroy and even Daytona Beach FL.

Implementation in San,Rafaei~ .. 1·

-. .

DST enviSions launching a preliminary team in San Rafael, consisting of 12 team . memhersandtwo staffrnembers. Team members will spend over 220 hours each week cleaning the downtown area arid performing other blight removal and . beautification projects. Staff Will work with each individual to remove barriers to housing, employment, 'and self-sustainability and will conduct weekly Success Team Meetings and Job Search Skills meetings.

To successfully launch/manage a team and to foster growth of impact, DST CDST) projects that tWo full-time employees in San Rafael'wiIl be needed; The first is a Project Manager whose primary functions are to run the team and acquire new.· contraCts to grow the team size/scope'and to ensure thesustainability of the team,' as well asatting as the everyday link to headquarters. A 'Case Managerwill'also be employed to' assist ClientS intheirtrartsitiori to self-sllstainability, run the Job Search Skills classes, and recru'it employers willing to hire team members (Emp]oym~nt Development) and case conference with partner agencies;'

' ..

The next three items, called Training (48 hours per year), Admin & Mgmt. Support at 10%, and Travel Expenses reflect the management costs incurred by Downtown Streets, Inc.

The budget shows additional necessities in a separate section. No value has. been given to these line items because nST has had success in acquiring these items through a donation or partnership in the past. In addition, we do not have the appropriate figures for the value of these items at this time.

Lastly, there is a section entitles "Optional Program Features," which shows additions to the program that are not necessary for launch, but would greatly enhance the services provided to clients. Early fundraising efforts will be made to acquire these items as well as grow the team and ensure it's long-term existence.

AGREEMENT

FOR: Management of a Volunteer Work Program serving the homeless

This Agreement is made and entered into this first d~ of March 2013, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the Downtown Streets Team hereinafter "CONTRACTOR").

RECITALS

WHEREAS, the 2011 County homeless count indicated there were 1,220 homeless persons in the County and 4,179 precariously housed persons, including 255 homeless people in San Rafael; and

WHEREAS, the City of San Rafael, 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 Downtown Streets Tam has the experience and expertise to implement and manage a volunteer work experience program in partnership with the City of San Rafael, our business community and local non profits that serve the homeless; and

WHEREAS, the City of San Rafael desires to utilize the services of the Downtown Streets Team to implement and manage a volunteer work program for persons experiencing homelessness.

AGREEMENT

NOW, THEREFORE, the parties hereby agree as follows:

1. PROJECT COORDINATION

A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Acting Economic Development Manager, Stephanie Lovette, 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. is hereby designated as the PROJECT DIRECTOR. for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason; the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution.

2. DUTIES OF CONTRACTOR

CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached and incorporated herein.

ATTACHMENTB

3. DUTIES OF CITY

CITY shall cooperate with CONTRACTOR in his performance under 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 $272,000, including the cost of local business license taxes as described in Section 20.

Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.

5. TERM OF AGREEMENT

The term of this Agreement shall commence upon the date of execution of this agreement and shall end on June 30, 2014.

6. TERMINATION

A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party.

B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice.

C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other.

D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30) 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.

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8. INSPECTION AND AUDIT

Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection.

9. ASSIGNABILITY

The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no ·effect.

10. INSURANCE

A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies:

1 . A comprehensive general liability insurance policy in the minimum . amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage;

2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence;

3. If any license'd professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement.

B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements:

1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;

2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury;

3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers as additionally named insureds under the policies;

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4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers as additional insureds under the policies;

5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER;

6. 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;

7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement;

8. PROJECT MANAGER and the City Attorney shall approve the insurance as to form and sufficiency.

C. If it employs any person, CONTRACTOR shall maintain worker's 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.

D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. 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.

11. INDEMNIFICATION

CONTRACTOR shall indemnify, release, defend and hold harmless CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement.

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.

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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, and other entities in the Franchisors' Group, their 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:

TO CONTRACTOR:

Ms. Stephanie Lovette, Economic Development Manger City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560

Ms. Eileen Richardson, Executive Director Downtown Streets Team 555 Waverly Street Palo Alto, CA 94301

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.

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17. ENTIRE AGREEMENT -- AMENDMENTS

A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.

B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY.

C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.

E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.

18. WAIVERS

The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation.

19. COSTS AND ATTORNEY'S FEES

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.

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20. CITY BUSINESS LICENSE/OTHER TAXES

CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is .1 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct.

21. APPLICABLE LAW

The laws of the State of California shall govern this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.

CITY OF SAN RAFAEL CONTRACTOR

By: __________________________ __

City Manager

Name: ________________________ _

Title: __________________________ _

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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