2020/08/11 City Council Resolution 2020-078 RESOLUTION NO. 2020-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AN AGREMENT WITH CATHOLIC CHARITIES DIOCESE OF
SANTA ROSA FOR STREET OUTREACH SERVICES FOR THE CITY OF ROHNERT
PARK AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO INCREASE
APPROPRIATIONS IN FISCAL YEAR 2020-2021
WHEREAS; the Catholic Charities of the Diocese of Santa Rosa currently provides
outreach services to the City of Rohnert Park 1-2 times a week funded through the County
Community Development Commission; and
WHEREAS, the latest data available indicates the City of Rohnert Park has a need for
more comprehensive and accessible outreach; and
WHEREAS, the Catholic Charities of the Diocese of Santa Rosa can provide 40 hours a
week of dedicated outreach services to the City of Rohnert Park for$40,544, leveraging funds
already received from the County Community Development Commission; and
WHEREAS, on June 23`d, City Council adopted the Fiscal Year 2020-21 City of Rohnert
Park Operating Budget through Resolution 2020-062; and
WHEREAS, the Neighborhood Upgrade and Workforce Housing Fund reported a fund
balance of$571,718; and
WHEREAS, staff requests to appropriate $110,000 of the fund balance for additional
homeless services including the street outreach contract with Catholic Charities of the Diocese of
Santa Rosa; and
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement with the Catholic Charities of the
Diocese of Santa Rosa for street outreach services in an amount not to exceed $40,544.
BE IT FURTHER RESOLVED the City Manager or his/her designee is authorized to
increase appropriations in the Neighborhood Upgrade and Workforce Housing Fund by$110,000
for homeless services in Fiscal Year 2020-21.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 11`h day of August 2020.
CITY OF ROH JRT PARK
( "4
Joseph T. Callinan, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
ADAMS: Alit_ BELFORT ' STAFFORD• MACKENZIE:� _CALLINAN:
AYES: (NOES: ( 0) AB NT: ( 06) ABSTAIN: 9, ) J
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Resolution 2020-078
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AGREEMENT FOR STREET OUTREACH SERVICES
THIS AGREEMENT FOR STREET OUTREACH SERVICES (the “Agreement”) is
entered into as of the ______ day of August, 2020, by and between the CITY OF
ROHNERT PARK (“City”), a California municipal corporation, and CATHOLIC
CHARITIES OF THE DIOCESE OF SANTA ROSA (“CCDSR”), a California nonprofit
organization.
Recitals
WHEREAS, City desires to obtain street outreach services; and
WHEREAS, CCDSR hereby warrants to the City that CCDSR is skilled and able to
provide such services as described in Section 3 of this Agreement; and
WHEREAS, City desires to retain CCDSR pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set
forth in such recitals and in the introductory paragraph preceding the recitals, are hereby
incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his/her designee, shall represent City for all
purposes under this Agreement. The Housing Administrator is hereby designated as the Project
Manager. The Project Manager shall supervise the progress and execution of this Agreement.
B. CCDSR. CCDSR shall assign Len Marabella, Chief Executive Officer, to
have overall responsibility for the progress and execution of this Agreement for CCDSR.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, CCDSR shall perform the services set
out in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by reference.
B. Time of Performance. The services of CCDSR are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
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satisfactory evidence thereof, to City. CCDSR shall perform its services in accordance with the
schedule attached hereto as Exhibit A, and incorporated herein by reference. Any changes to
these dates in either this Section 3 or Exhibit A must be approved in writing by the Project
Manager.
C. Standard of Quality. City relies upon the professional ability of CCDSR
as a material inducement to entering into this Agreement. All work performed by CCDSR under
this Agreement shall be in accordance with all applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in CCDSR’s field of
expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to CCDSR, including both
payment for professional services, reimbursable expenses and payments to fund CCDSR street
outreach services and programs, shall be at the rate and schedules attached hereto as Exhibit B,
and incorporated herein by reference. However, in no event shall the amount City pays CCDSR
and/or funds for CCDSR programs exceed forty thousand five hundred forty-four dollars
($40,544), during the initial term, or any subsequent renewal term, as set forth in Paragraph 6.
Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work,
even if such defects were known to the City at the time of payment.
B. Timing of Payment.
CCDSR shall submit itemized monthly statements for work performed and monetary
assistance provided. City shall make payment, in full, within thirty (30) days after approval of
the invoice by the Project Manager. Compensation under this agreement shall be on a
reimbursement basis only, with City paying for services actually rendered and costs incurred for
eligible activities as set forth in the Scope of Work.
C. Changes in Compensation. CCDSR will not undertake any work that will
incur costs in excess of the amount set forth in Paragraph 4(A) without prior written amendment
to this Agreement.
D. Taxes. CCDSR shall pay all taxes, assessments and premiums under the
federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by CCDSR.
E. Litigation Support. CCDSR agrees to testify at City’s request if litigation
is brought against City in connection with CCDSR’s work product.
F. Restrictions on Funds. CCDSR shall accept the funding provided by City
under this Agreement solely as payment for the costs of providing the services detailed in the
Scope of Work, and to the extent applicable, shall comply with any legal restrictions on use of
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funding from the City, including without limitation, restrictions on receipt and use of funds for
religious or sectarian purposes in California Constitution Article 16, section 5. CCDSR shall not
provide, nor require participation in, any religious or sectarian instruction as part of providing the
services set forth in the Scope of Work.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to CCDSR 30 days in advance. In such event,
the compensation and time of performance shall be subject to renegotiation upon written demand
of either party to the Agreement. CCDSR shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of CCDSR to secure City's
written authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties.
Unless amended pursuant to Section 21, or otherwise terminated as provided herein, the initial
term of this Agreement is through June 30, 2021. Beginning on July 1, 2021, at the option of the
City, this Agreement may be extended by the City Manager for successive one year terms,
provided that: (1) CCDSR requests an extension of the term of this Agreement in writing by
April 1, 2021 and (2) the City Council approves funding for the Agreement in the adopted
budget for the applicable fiscal year. In the event that the City Council does not approve the
entire amount of funding needed for a successive term in the adopted budget for the applicable
fiscal year, the Agreement shall terminate at the end of the prior term. Extensions of the term of
the Agreement shall be documented by execution of a written amendment executed by the parties
prior to performance of work for the successive term.
7. Inspection. CCDSR shall furnish City with every reasonable opportunity for City
to ascertain that the services of CCDSR are being performed in accordance with the requirements
and intentions of this Agreement. All work done and all materials furnished, if any, shall be
subject to the Project Manager's inspection and approval. The inspection of such work shall not
relieve CCDSR of any of its obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the CCDSR
under the Agreement shall be vested in City, none of which shall be used in any manner
whatsoever, by any person, firm, corporation, or agency without the expressed written consent of
the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained
under the Agreement shall be made available, upon request, to City without restriction or limitations
on their use. CCDSR may retain copies of the above-described information but agrees not to
disclose or discuss any information gathered, discussed or generated in any way through this
Agreement without the written permission of City during the term of this Agreement, unless
required by law.
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9. Employment of Other, Specialists or Experts. CCDSR will not employ or
otherwise incur an obligation to pay other providers, specialists or experts for services in
connection with this Agreement without the prior written approval of the City.
10. Conflict of Interest.
A. CCDSR covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder CCDSR’s performance of services under this Agreement, or be affected
in any manner or degree by performance of CCDSR’s services hereunder. CCDSR further
covenants that in the performance of the Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent, or subcontractor without the express written
consent of the City. CCDSR agrees to at all times avoid conflicts of interest, or the appearance
of any conflicts of interest, with the interests of the City in the performance of the Agreement.
B. CCDSR is not a designated employee within the meaning of the Political
Reform Act because CCDSR:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and
direction of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs.
§ 18700(a)(2).)
11. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to CCDSR
or otherwise in the event of any default or breach of the City, or for any amount which may
become due to CCDSR or any successor in interest, or for any obligations directly or indirectly
incurred under the terms of this Agreement.
12. Indemnity.
A. Indemnification. To the fullest extent permitted by law, CCDSR shall, at
its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and
hold harmless City and any and all of its officers, officials, employees, agents and volunteers
(“Indemnified Parties”) from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs and expert
witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of,
pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any
fault or alleged fault of the Indemnified Parties.
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For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, CCDSR shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened,
which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
CCDSR, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time
to time.
The only exception to CCDSR’s responsibility to indemnify, protect, defend, and hold harmless
the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City
or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. CCDSR’s duty to indemnify, protect, defend and hold
harmless as set forth in this Section 12 shall include the duty to defend (by counsel reasonably
satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for CCDSR under worker’s compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided
by CCDSR and shall continue to bind the parties after termination/completion of this agreement.
This indemnification shall be regardless of and not in any way limited by the insurance
requirements of this contract. This indemnification is for the full period of time allowed by law
and shall survive the termination of this agreement. CCDSR waives any and all rights to express
or implied indemnity against the Indemnified Parties concerning any Liability of CCDSR arising
out of or in connection with the Agreement or CCDSR’s failure to comply with any of the terms
of this Agreement.
CCDSR’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 12 shall
not be excused because of CCDSR’s inability to evaluate Liability, or because the CCDSR
evaluates Liability and determines that CCDSR is not or may not be liable. CCDSR must respond
within thirty (30) calendar days to any tender by the City, unless the time for responding has been
extended by an authorized representative of the City in writing. If CCDSR fails to timely accept
such tender, in addition to any other remedies authorized by law, as much of the money due or that
may become due to CCDSR under this Agreement as shall reasonably be considered necessary by
the City may be retained by the City until disposition has been made of the matter subject to tender,
or until CCDSR accepts the tender, whichever occurs first. CCDSR agrees to fully reimburse all
costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the
City in responding to matters prior to CCDSR’s acceptance of the tender.
13. CCDSR Not an Agent of City. CCDSR, its officers, employees and agents shall
not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that CCDSR, in the performance
of the work and services agreed to be performed by CCDSR, shall act as and be an independent
contractor and not an agent or employee of City; and as an independent contractor, CCDSR shall
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obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and
CCDSR hereby expressly waives any claim it may have to any such rights.
15. Compliance with Laws.
A. General. CCDSR shall use the standard of care in its profession to comply
with all applicable federal, state, and local laws, codes, ordinances, and regulations. CCDSR
represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement any licenses, permits, insurance and
approvals which are legally required for CCDSR to practice its profession. Except as otherwise
allowed by City in its sole discretion, CCDSR and all CCDSRs shall have acquired, at their
expense, a business license from City in accordance with Chapter 5.04 of the Rohnert Park
Municipal Code prior to City's issuance of an authorization to proceed with the Services. Such
license(s) must be kept valid throughout the term of this Agreement. The City is not responsible
or liable for CCDSR’s failure to comply with any or all of the requirements contained in this
paragraph.
B. Workers’ Compensation. CCDSR certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that Code, and CCDSR certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
C. Prevailing Wage. CCDSR and CCDSR’s subcontractors (if any) shall, to
the extent required by the California Labor Code, pay not less than the latest prevailing wage
rates to workers and professionals as determined by the Director of Industrial Relations of the
State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the
applicable wage determination are on file at the City’s office of the City Clerk.
D. Injury and Illness Prevention Program. CCDSR certifies that it is aware of
and has complied with the provisions of California Labor Code § 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for CCDSR’s
failure to comply with any and all of its requirements under this section and Agreement.
F. Waiver of Subrogation. CCDSR and CCDSR’s insurance company agree
to waive all rights of subrogation against City, its officers, elected officials, employees, agents
and volunteers for losses paid under CCDSR’s workers' compensation insurance policy which
arise from the work performed by CCDSR for the City.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for CCDSR in performance of this Agreement are confidential and
not to be disclosed to any person except as authorized by the City, or as required by law.
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17. Assignment; Subcontractors; Employees
A. Assignment. CCDSR shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent. Any assignment
without such approval shall be void and, at the City's option, shall immediately cause this
Agreement to terminate.
B. Subcontractors; Employees. CCDSR shall be responsible for employing
or engaging all persons necessary to perform the services of CCDSR hereunder. No
subcontractor of CCDSR shall be recognized by the City as such; rather, all subcontractors are
deemed to be employees of CCDSR, and CCDSR agrees to be responsible for their performance.
CCDSR shall give its personal attention to the fulfillment of the provisions of this Agreement by
all of its employees and subcontractors, if any, and shall keep the work under its control. If any
employee or subcontractor of CCDSR fails or refuses to carry out the provisions of this
Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be
discharged immediately from the work under this Agreement on demand of the Project Manager.
18. Insurance. Without limiting CCDSR’s indemnification provided herein, CCDSR
shall comply with the requirements set forth in Exhibit C to this Agreement.
19. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, without cause, by the City upon 60-days’ written notice to CCDSR, or with cause, by the
City upon 15 days’ written notice to CCDSR.
B. If CCDSR fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice. In such event, CCDSR shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by CCDSR bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
CCDSR.
C. In the event this Agreement is terminated by City without cause, CCDSR
shall be entitled to any compensation owing to it hereunder up to the time of such termination, it
being understood that any payments are full compensation for services rendered prior to the time
of payment.
D. Upon termination of this Agreement with or without cause, CCDSR shall
turn over to the City Manager immediately any and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by CCDSR or its
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subcontractors, if any, or given to CCDSR or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. CCDSR, however,
shall not be liable for the City's use of incomplete materials nor for the City's use of complete
documents if used for other than the project contemplated by this Agreement.
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of CCDSR to perform any provision of this
Agreement. CCDSR will be paid for satisfactory Services performed through the date of
temporary suspension.
21. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between the City and CCDSR and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and CCDSR. All provisions of this
Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either party
may change its address by notifying the other party of the change of address. Notice shall be
deemed communicated within 72 hours from the time of mailing if mailed as provided in this
section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to CCDSR: Len Marabella, Chief Executive Officer
Catholic Charities of the Diocese of Santa Rosa
PO Box 4900
Santa Rosa, CA 95402
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26. CCDSR’s Books and Records.
A. CCDSR shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to the City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at CCDSR’s address indicated for receipt of notices in this
Agreement.
C. The City may, by written request by any of the above-named officers,
require that custody of the records be given to the City and that the records and documents be
maintained in the City Manager’s office.
27. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
28. Equal Employment Opportunity. CCDSR is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. CCDSR will not discriminate against any employee or applicant for employment
because of race, age, sex, creed, color, sexual orientation, marital status or national origin.
CCDSR will take affirmative action to ensure that applicants are treated during such employment
without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin.
Such action shall include, but shall not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. CCDSR
further agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
29. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than CCDSR.
30. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
31. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
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provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
32. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
34. News Releases/Interviews. All CCDSR news releases, media interviews,
testimony at hearings and public comment shall be shared in advance with and approved by the
City of Rohnert Park; all communications from City of Rohnert Park regarding this contract shall
be shared in advance with CCDSR.
35. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
36. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
37. Statement of Economic Interest. If City determines CCDSR comes within the
definition of consultant under the Political Reform Act (Government Code §87100), CCDSR
shall complete and file and shall require any other person doing work under this Agreement to
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complete and file a “Statement of Economic Interest” with the Clerk of the City of Rohnert Park
disclosing CCDSR and/or such other person’s financial interests.
IN WITNESS WHEREOF, the City and CCDSR have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK
CATHOLIC CHARITIES OF THE
DIOCESE OF SANTA ROSA
By:__________________________________
Darrin Jenkins, City Manager
By:
Len Marabella, Chief Executive Officer
Date: Date:
ATTEST:
By: _________________________________
Sylvia Lopez, City Clerk
APPROVED AS TO FORM:
By:__________________________________
Sergio Rudin, Assistant City Attorney
Michelle Marchetta Kenyon, City Attorney
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EXHIBIT A
Scope of Work and Schedule of Performance
STREET OUTREACH SERVICES
Overview:
The Catholic Charities Homeless Outreach Services Team (HOST) provides case management
and outreach services to support unsheltered persons to enter safe housing. An unsheltered
person is an individual or family with a primary nighttime residence that is a public or private
place not designed for or ordinarily used as regular sleeping accommodation for human beings,
including a car, park, abandoned building, bus or train station, airport, or camping ground.
Outreach staff will work to build trust, connect individuals to Coordinated Entry, obtain
appropriate shelter, housing, and supportive services.
The Sonoma County Community Development Commission awarded CCDSR a contract to
operate the HOST project throughout Sonoma County, with a focus on Santa Rosa and Rohnert
Park. The City of Rohnert Park is desirous of having an extended presence for outreach in the
Rohnert Park/Cotati area. In order to provide 40 hours a week of dedicated outreach support to
the Rohnert Park area, Catholic Charities requires an additional $40,544 to secure additional
staffing. HOST services are provided in a team of two (2) outreach specialists, so services
provided to the Rohnert Park area will include 20 hours a week of team time, inclusive of time
spent in the field engaging unsheltered individuals and in the office doing service follow-up and
documentation.
Project dates: Effective date – June 30, 2021
Qualifying Criteria:
The RP HOST project will serve unsheltered individuals who are currently homeless in or near
Rohnert Park and Cotati.
Referral and Prioritization Process:
RP HOST will conduct outreach proactively to known encampments and will receive referrals
via phone or email from City staff, business owners, volunteers and residents. HOST will
participate in the City’s weekly Homeless Taskforce meetings and will prioritize referrals
received from the members of the Homeless Taskforce, responding to priority requests within
48 hours.
Service location(s):
RP HOST will provide services in the field: at unsheltered persons’ encampments or other
public spaces in and near Rohnert Park and Cotati.
Outcomes:
• 65 individuals will be served during the grant term
• 75% (49 of 65) individuals will be entered into Coordinated Entry during the grant
term
• 10% (7 of 65) individuals will exit project into permanent housing during the grant
term
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• 44% (29 of 65) individuals will exit project into a sheltered location other than
permanent housing during the grant term
Tracking & Reporting:
In addition to the outcomes above, the RP HOST program will track and report the following
data points:
• Number of individuals who were permanently housed outside Sonoma County
• Average length of time individuals were homeless prior to becoming housed
(measured once they are housed)
• Number of families with children served
• Number of children served
• Number of veterans served
• Income (by area median income)
• Race and ethnicity
Program review:
Regular program evaluation and review will include:
• Weekly supervision and participant case review with Outreach Supervisor and
Outreach Workers
• Monthly operational meetings
• Data collection
Staffing Structure:
The staffing for the program will include experienced CCDSR staff with significant outreach
tenure, including:
Function Position FTE
Management of Grant/Program Outreach Supervisor 0.1 FTE
Direct Service Outreach Workers: 2 @ 0.5 FTE 1.0 FTE
CORE SERVICES
RP HOST provides essential services necessary to reach out to unsheltered homeless
individuals and families, connect them with emergency shelter, housing, or critical services, and
provide them with urgent, non-facility-based care. Core services consist of engagement, case
management, emergency health and mental health services, and transportation.
Engagement: Activities to locate, identify, and build relationships with unsheltered homeless
individuals including:
• Initial assessment of needs and eligibility (VI-SPDAT)
• Providing crisis counseling
• Actively connecting and providing information and referrals to programs targeted to
homeless people and mainstream social services and housing programs
• Addressing urgent physical needs, such as providing meals, blankets, clothes, or
toiletries
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• Cell phone costs for outreach workers during the performance of street outreach
activities
• Salaries of staff conducting engagement work
Case Management: Assessing housing or service needs, arranging, coordinating, monitoring
the delivery of individualized services including:
• Using Sonoma County Coordinated Entry system
• Initial evaluation including verifying and documenting eligibility
• Counseling
• Developing, securing, and coordinating services
• Obtaining Federal, state, and local benefits
• Monitoring and evaluating participant progress
• Providing information and referrals to other providers
• Developing an individualized housing and service plan, including planning a path to
permanent housing stability
• Salaries of staff conducting case management
Transportation: Travel by outreach workers, social workers, medical professionals, or other
service providers during the provision of services eligible street outreach services, including:
• The costs of transporting unsheltered people to emergency shelters or other service
facilities
• The cost of a participant’s travel on public transit
• Mileage allowance for service workers to visit program participants
• Purchasing or leasing a vehicle for staff use in conducting outreach activities, including
the cost of gas, insurance, taxes and maintenance for the vehicle
• Costs of staff to accompany or assist participants to use public transportation
Services Special Populations: Street outreach services that have been tailored to address the
needs of the special populations such as homeless youth, victims of domestic violence and
related crimes/threats, and/or people living with HIV/AIDS who are literally homeless, including:
• Engagement
• Case Management
• Emergency Health Services
• Emergency Mental Health Services
• Transportation
DOCUMENTATION AND REPORTING
RP HOST staff will input participant data into the Federal Homeless Management Information
System (HMIS), following all relevant data quality standards. The number of individuals and
households served, income demographics, ethnicity, outcome performance, significant changes
in program staffing, and anecdotal descriptions of services provided by this program will be
reported quarterly to the designated contact at the City of Rohnert Park, using the City’s
provided template.
Additionally, RP HOST staff will provide a weekly “snapshot” report, which will include:
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• The number of people served that week
• The number of people who moved into shelter / temporary housing that week
• The number of people who moved into permanent housing that week
• Narrative updates on priority referrals submitted by City staff
• Any other information requested by the City
In addition to the weekly City Homeless Taskforce meetings, RP HOST staff are expected to
attend the Rohnert Park Homelessness Roundtable monthly meetings.
DIRECT SUPPORT TO PARTICIPANTS
In addition to the funds allocated for operational costs, the City of Rohnert Park has allocated
$10,000 to reimburse for direct support to participants enrolled in HOST services. CCDSR will
provide and the City will reimburse CCDSR for direct support expenses, which may include, but
are not limited to:
• Bus tickets or other transportation services
• Vouchers for legal disposal of waste from recreational vehicles
• Gift cards for restaurants, other food and non-alcoholic beverages, haircuts, gasoline,
and merchandise
• Motel vouchers for brief stays
• Tents, tarps, rain ponchos, sleeping bags, and fire extinguishers
CCDSR will include a summary of the status of these funds as part of monthly invoices for
reimbursement of up to $10,000 total. CCDSR will maintain expense reports showing the date
of expenditure, items purchased, and amounts spent. CCDSR will maintain receipts
documenting these expenses and make them available upon request to City staff.
The City will reimburse these funds for expenses incurred between effective date and June 30,
2021.
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EXHIBIT B
Compensation
Rohnert Park
Funds
Outreach Worker (1.0 FTE) at $20/hour Salary $16,640
Outreach Supervisor (0.1 FTE) at $24/hour $1,997
Fringe Benefits $6,523
Direct Support to Participants $10,000
Total Programmatic Expenses $35,160
Mileage Reimbursement $800.00
Supplies and other costs $600.00
Administrative Support (15%) $3,984
Total Operational and Administrative Expenses $5,384
TOTAL EXPENSES $40,544
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EXHIBIT C
INSURANCE REQUIREMENTS for Services Agreement
Re: Agreement for Outreach Services
Prior to the beginning of and throughout the duration of the Work, CCDSR will maintain insurance in
conformance with the requirements set forth below. CCDSR will use existing coverage to comply with these
requirements. If that existing coverage does not meet the requirements set forth here, CCDSR agrees to
amend, supplement or endorse the existing coverage to do so. CCDSR acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in this agreement
and which is applicable to a given loss, will be available to City.
CCDSR shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability” policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no
event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two Million
Dollars) per accident. If CCDSR owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If CCDSR or CCDSR’s employees will use
personal autos in any way on this project, CCDSR shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation providing statutory benefits as required by law with employer's liability limits no
less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf” basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of CCDSR, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of CCDSR and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $2,000,000 (Two Million Dollars) per claim and in the
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aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by CCDSR. CCDSR and City agree to
the following with respect to insurance provided by CCDSR.
1. CCDSR agrees to have its insurer endorse the third party general liability coverage required herein
to include as additional insureds the City, its officers, elected officials, employees, agents, and
volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If completed
operations coverage is excluded, the policy must be endorsed to include such coverage. CCDSR also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit CCDSR, or
CCDSR’s employees, or agents, from waiving the right of subrogation prior to a loss. CCDSR agrees
to waive subrogation rights against City, its City Council, officers, employees, and volunteers
regardless of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. The worker’s compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its City
Council, its officers, elected officials, employees, agents, and volunteers for losses paid under the
terms of this policy which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement
or any other agreement relating to the City or its operations limits the application of such insurance
coverage.
5. None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so-called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
7. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. CCDSR shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
8. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to CCDSR’s general
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liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such insurance is canceled at
any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement and to pay the
premium. Any premium so paid by City shall be charged to and promptly paid by CCDSR or deducted
from sums due CCDSR, at City option.
9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. CCDSR agrees to require its insurer to modify such certificates to delete any exculpatory
wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation,
or that any party will "endeavor" (as opposed to being required) to comply with the requirements of
the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided
by CCDSR or any subcontractor, is intended to apply first and on a primary, noncontributing basis in
relation to any other insurance or self insurance available to City.
11. CCDSR agrees to ensure that subcontractors, and any other party involved with the project who is
brought onto or involved in the project by CCDSR, provide the same minimum insurance coverage
required of CCDSR. CCDSR 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
section. CCDSR agrees that upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
12. CCDSR agrees not to self-insure or to use any self-insured retentions or deductibles on any portion
of the insurance required herein and further agrees that it will not allow any contractor, subcontractor,
Architect, Engineer or other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self-insure its obligations to City. If CCDSR’s existing
coverage includes a deductible or self-insured retention, the deductible or self-insured retention must
be declared to the City. At that time the City shall review options with CCDSR, which may include
reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or
other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving CCDSR ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to CCDSR, the City will negotiate additional
compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance
of or towards performance of this Agreement.
15. CCDSR acknowledges and agrees that any actual or alleged failure on the part of City to inform
CCDSR of non-compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
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16. CCDSR will renew the required coverage annually as long as City, or its employees or agents face an
exposure from operations of any type pursuant to this agreement. This obligation applies whether or
not the agreement is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
17. CCDSR shall provide proof that policies of insurance required herein expiring during the term of this
Agreement have been renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder
or letter from CCDSR’s insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to the renewing or new
coverage must be provided to City within five days of the expiration of the coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of CCDSR
under this agreement. CCDSR expressly agrees not to use any statutory immunity defenses under
such laws with respect to City, its officers, elected officials, employees, agents, and volunteers.
19. Requirements of specific coverage features or limits contained in this section are not intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in this
agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to the
extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. CCDSR agrees to be responsible for ensuring that no contract used by any party involved in any way
with the project reserves the right to charge City or CCDSR for the cost of additional insurance
coverage required by this agreement. Any 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.
23. CCDSR agrees to provide immediate notice to City of any claim or loss against CCDSR arising out
of the work performed under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim or claims if they are
likely to involve City.
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the __________________________________, and a duly
authorized representative of the firm of _____________________________________,
whose address is ______________________________________________________, and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature