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HomeMy WebLinkAboutReso 149-2021 (21-604)City of South San Francisco P.O. Box 711 (City Hall, • 400 Grand Avenue) South San Francisco, CA • City Council Resolution: RES 149-2021 File Number: 21-604 Enactment Number: RES 149-2021 RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH YMCA FOR THE ADMINISTRATION OF THE CITY'S GUARANTEED INCOME PILOT PROGRAM AND APPROVING BUDGET AMENDMENT NUMBER 22.015 APPROPRIATING $200,000 FOR ADDITIONAL PROGRAM -RELATED EXPENSES. WHEREAS, on July 14, 2021, City Council approved Resolution 140-2021 approving the creation of South San Francisco's Guaranteed Income Pilot Program and approving budget amendment number 22.011 appropriating $1,000,000 in American Rescue Plan Act funds to provide $500 per month for one year for approximately 160 low income South San Francisco residents; and WHEREAS, the July 14th staff report outlined YMCA's role as the intended Pilot Program administrator; and WHEREAS, as the program administrator, YMCA will outreach to the community, receive applications, prioritize applicants, hold lotteries, enroll selected applicants, and provide case management throughout the Pilot Program; and WHEREAS, as the program administrator, the YMCA will also contract with Community Financial Resources (CFR) to be the fiscal administrator for the program. CFR will dispense the funds monthly to participating South San Francisco residents via a Focus Debit Card or Self Help Credit Union Savings Account Card; and WHEREAS, the Professional Services Agreement with the YMCA, included as an Exhibit A to this resolution, sets out the scope of work the YMCA will complete over the term of the agreement - from its execution to 18 months after the Pilot Program concludes - as well as their compensation schedule; and WHEREAS, the resolution appropriates $200,000 in General Fund dollars for program administration, all of which will be offset by grants the City expects from the Silicon Valley Community Foundation and the County of San Mateo in the coming months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: 1) Authorizes the City Manager to execute a Professional Services Agreement with the YMCA for the administration of the Guaranteed Income Pilot Program in the amount of $1,200,000 in City of South San Francisco Page 1 File Number: 21-604 Enactment Number: RES 149-2021 substantially the form included as Exhibit A, including any minor amendments to carry out the intent of this resolution that do not substantially incrase the City's obligation, and as approved as to form by the City Attorney; and 2) Approves Budget Amendment Number 22.015 appropriating $200,000 for additional Pilot Program -related expenses. Exhibit A: Professional Services Agreement with the YMCA At a meeting of the City Council on 7/28/2021, a motion was made by Councilmember Nicolas, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by4k Rosa Govea Acosta, City Clerk City of South San Francisco Page 2 Short Form Services Agreement [Rev:11/14/2016] 1 SOUTH SAN FRANCISCO SERVICES AGREEMENT This Services Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and Young Men's Christian Association of San Francisco, (“Consultant”) effective as of August 1, 2021 (the “Effective Date”). City and Consultant are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Services. Consultant shall provide the following services and/or materials (“the Work”): administration of the South San Francisco Guaranteed Income Pilot Program, as more specifically described in the Scope of Services, attached hereto as Exhibit A. The Work shall commence on August 1, 2021 and shall be completed to the satisfaction of the City by June 1, 2023 unless such date is extended or otherwise modified by the City in writing. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail. 2. Payment. City shall pay Consultant an amount not to exceed: One Million Two Hundred Thousand Dollars ($1,200,000) for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The calculation of payment for the Work shall be set forth in Exhibit B, which states the not-to-exceed amount that will be paid to Consultant as an administrative fee and the amount that will be paid to Consultant’s sub-consultant for fiscal administration. The amount stated above is the entire compensation payable to Consultant for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Consultant. City shall make payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice to pay Consultant. 3. Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the City and Consultant. At all times Consultant shall be an independent contractor and City shall not control the manner of Consultant accomplishing the Work. Consultant is not authorized to bind the City to any contracts or other obligations without the express written consent of the City. 4. Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Work or Consultant’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Consultant (and any subcontractors) shall, at Consultant’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Consultant has obtained and maintains insurance in the following amounts: Short Form Services Agreement [Rev:11/14/2016] 2 A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Consultant, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. D. Professional Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. [Note: delete if not a professional services agreement] All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Consultant’s insurance. If the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self- insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self- insured retention and also must disclose the deductible. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non- renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. 6. Compliance with all Applicable Laws; Nondiscrimination. Consultant shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Consultant shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations. 7. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Consultant. Upon receipt of notice of termination or suspension, Consultant shall immediately stop all work in progress under this Agreement. The City's right of termination shall be in addition to all other remedies available under law to the City. 8. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per Short Form Services Agreement [Rev:11/14/2016] 3 diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 9. Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit ____. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 10. Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Short Form Services Agreement [Rev:11/14/2016] 4 11. Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 12. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 13. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 14. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount which may become due to Consultant pursuant to this Agreement. 15. Prevailing Party. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 16. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: Wesley Chip Rich, VP of Operations 50 California Street, Suite 650 San Francisco, CA 94111 [email protected] City: City Clerk City of South San Francisco 400 Grand Avenue Short Form Services Agreement [Rev:11/14/2016] 5 South San Francisco, CA 94080 17. Execution in Counterpart; Construction. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 18. Assignment, Governing Law. The Consultant may not assign any of Consultant’s obligations under this Agreement without the City’s prior written approval. This Agreement is governed by California law. The jurisdiction for any litigation arising from this Agreement shall be in the state of California, and shall be venued in the County of San Mateo. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONSULTANT: By: _____________________________ By:__________________________ City Manager Print Name: ___________________ Title: _______________________ ATTEST: City Clerk APPROVED AS TO FORM: ____________________________ City Attorney 3841756.1 Short Form Services Agreement [Rev:11/14/2016] 6 EXHIBIT A Scope of Work As the Program Administrator for the South San Francisco Guaranteed Income Pilot Program, the YMCA Community Resource Center in South San Francisco will solicit applications, select participants through a tiered priority system and lottery (if necessary), engage Community Financial Resources (CFR) as a sub-consultant to serve as the fiscal administrator dispensing payments to selected participants, and evaluate program success by collecting and analyzing data from program participants. Below is a more detailed scope of work by task. Outreach City of South San Francisco and YMCA Community Resource Center (CRC) will outreach city-wide about application to participate in Pilot program (flyers, calls, in-person visits): • SSF Schools • Community Organizations • Local Businesses • Faith-based organizations • City programs • SMC County outreach/Core agency partners Application 1. 2 weeks for outreach 2. 3 weeks open application period (Aug 1-Aug 20, 2021) & continued outreach a. Application completed through survey monkey and a physical mail-in/drop off version 3. 160 Participants chosen through tier system & ultimately lottery system if more than 160 qualify by end of Application deadline Onboarding (N=160) 1. Sample of 160 Households informed they have been selected to participate 2. Inform remainder of applicants they have not been selected 3. Give written information on pilot program to participants a. Consent b. Information/Protocol c. CFR Options Information d. Expectations/Reporting 4. Self-Sufficiency Matrix Assessment 5. Financial Education & Resource Connection Distribution Based on CFR Training have CRC staff assist participants with CFR enrollment & relationship building (Begin with SHFCU b/c longer process than Focus card) Households with SSN/ITIN: • Focus Card through CFR Short Form Services Agreement [Rev:11/14/2016] 7 Households without SSN: • SHFCU Card through CFR Reporting From Participants All: • Pre (before 1st installment of funds) & Post- tests (at end of 12 month pilot) questionnaire assessing Household needs Households Receiving Debit Card: • Request bank statements quarterly stating transactions From YMCA • Demographic report of participants • Quarterly reports on client spending trends • Data from pre, post program questionnaires, and post program interviews (up to 18 months post-program completion) Evaluation Completed by YMCA (Wendy’s team) Data Collected: • Self-Sufficiency Matrix • Spending trends • Alleviated costs • Health/mental health • Savings • Other income/work Give participants gift cards for each time they voluntarily participate in evaluations. Short Form Services Agreement [Rev:11/14/2016] 8 EXHIBIT B Payment Schedule The City of South San Francisco is contracting directly with the YMCA Community Resource Center in South San Francisco, which will serve as the program administrator and sub-contract with a fiscal administrator, Community Financial Resources (CFR). The payment schedule detailed below ensures certain funds are available as soon as they may be necessary (such as evaluation incentives and the hold harmless fund) and as required by CFR in order to make timely payments to program participants (such as the quarterly payments to SSF households). First Payment 8/15/2021 50% of YMCA Administrative Fee Pass-Through Expenses - Q1 Payments to SSF Households - Evaluation Incentives & Hold Harmless Fund - CFR Contract $75,000 $240,000 $55,000 $35,000 First Payment Total $405,000 Second Payment 11/15/2021 Pass-Through Expenses - Q2 Payments to SSF Households $240,000 Second Payment Total $240,000 Third Payment 2/15/2022 50% of YMCA Administrative Fee Pass-Through Expenses - Q3 Payments to SSF Households $75,000 $240,000 Third Payment Total $315,000 Fourth Payment 5/15/2022 Pass-Through Expenses - Q4 Payments to SSF Households $240,000 Fourth Payment Total $240,000 CONTRACT TOTAL $1,200,000