San Rafael City Council
November 4, 2024

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, NOVEMBER 4, 2024
SPECIAL MEETING AT 4:00 P.M.

REGULAR MEETING AT 6:00 P.M.

This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

SPECIAL MEETING AT 4:00 P.M.

San Rafael Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/sm-2024-11-04 Listen by phone: (669) 900-9128
ID: 846-9097-4634#
One Tap Mobile: +16699009128,,84690974634# US
INTERVIEWS:

1. Interviews
a. Public Art Review Board Interviews
Interview Applicants and Make an Appointment to Fill One Four-Year Term Through the End of October 2028 on the Public Art Review Board Due to the Expiration of Term of Meili Zhao (CC)
Recommended Action – Make Appointment
b. Park and Recreation Commission Interviews
Interview Applicants and Make Appointments to Fill Two Four-Year Terms Through the End of October 2028 on the Park and Recreation Commission Due to the Expiration of Terms of Robert Sandoval and Kela Cabrales (CC)
Recommended Action – Make Appointments
c. Pickleweed Advisory Committee Interviews
Interview Applicants and Make Appointments to Fill Two Unexpired Four-Year Terms Through the End of April 2027 on the Pickleweed Advisory Committee, Due to the Voluntary Resignation of terms of Nancy Palacios and Jairo Ceballos (CC) Recommended Action – Make Appointments
OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – FOLLOWING SPECIAL MEETING

2. Mayor Kate to announce Closed Session items.
2 CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING SPECIAL MEETING

3. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One case)
b. Conference with Labor Negotiators – Government Code Section 54957.6 Lead Negotiators: Timothy L. Davis and Allison B. Hernandez (Burke, Williams & Sorensen) Agency Designated Representatives: Cristine Alilovich, Paul Navazio, Marissa Sanchez, Nick Biss, and Angela Robinson Piñon
Employee Organization: SEIU Local 1021
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-11-04 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 844-3204-9611#
One Tap Mobile: +16694449171,,84432049611# US
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

4. City Manager and Councilmember Reports:

CONSENT CALENDAR:

The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.

5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular and Special City Council Meetings of October 21, 2024 (CC)
Recommended Action - Approve minutes as submitted
b. Proclamation
Proclamation Supporting National Veterans & Military Families Month Recommended Action – Receive and File
c. First Responder Counseling Professional Services Agreement for Fiscal Years 2024-2028 Authorize the City Manager to Enter into a Professional Services Agreement with Public Safety Family Counseling Group, Inc., from Fiscal Years 2024-2028, In the Amount Not to Exceed $220,000 (HR)
Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with Public Safety Family Counseling Group, Inc. for first responder counseling 3 services from fiscal years 2024-2028, in an amount not to exceed $220,000; and, Authorize a budget appropriation from the Employee Benefits Fund (Fund 604) d. Employee Relations Legal Services Professional Services Agreement Fiscal Years 2024- 2026
Authorize the City Manager to Enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for Employee Relations Legal Services, In an Amount Not to Exceed $150,000, for Fiscal Years 2024-2026 (HR)
Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP, for employee relations legal services, in an amount not to exceed $150,000, for fiscal years 2024-2026 e. Labor Relations Legal Services Professional Services Agreement Fiscal Years 2024-2026 Authorize the City Manager to Enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for Labor Relations Legal Services, In an Amount Not to Exceed $150,000, for Fiscal Years 2024-2026 (HR)
Recommended Action – Authorize the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for labor relations legal services, in an amount not to exceed $150,000, for fiscal years 2024-2026
f. Medi-Cal Transportation Intergovernmental Transfer Program for Calendar Year 2025 Authorize the City Manager to Execute a Certification Form for the San Rafael Fire Department to Participate in an Intergovernmental Transfer (IGT) with the California Department of Health Care Services (DHCS) for Reimbursement of Public Provider Ground Emergency Medical Transportation (PP-GEMT) Services for the Service Period of January 1, 2025, Through December 31, 2025, and Transfers to DHCS Not to Exceed $700,000 (FD) Recommended Action – Authorize the City Manager to execute a certification form for the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California Department of Health Care Services (DHCS) for reimbursement of Provider Ground Emergency Medical Transportation (PP-GEMT) services for the service period of January 1, 2025, Through December 31, 2025, and make transfers not to exceed $700,000 g. Emergency Medical Services (EMS) Billing and Collection Authorize the City Manager to Negotiate a Professional Services Agreement with Wittman Enterprises, LLC (Wittman) for Emergency Medical Services (EMS) Billing and Collection Services in an Amount Not to Exceed $825,000 for Five Years with an Option for an Additional 5-Year Extension (FD)
Recommended Action – Authorize the City Manager to negotiate a Professional Services Agreement (PSA) with Wittman Enterprises, LLC (Wittman) for Emergency Medical Services (EMS) billing and collection services in an amount not to exceed $825,000 for five years with an option for an additional 5-year extension
h. Office of Traffic Safety Grant Acceptance
Resolution Approving the Acceptance and Appropriation of State of California Office of Traffic Safety Grant Funds in the Amount of $92,000 for the “Selective Traffic Enforcement Program” (“STEP”) Grant from October 1, 2024, Through September 30, 2025, and Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents Related to the Grant (PD)
Recommended Action – Adopt Resolution
4 i. Special Event Street Closure in San Rafael – 43rd Annual Holiday of Lights and Winter Wonderland
Resolution Authorizing the Temporary Closure of Downtown Streets in San Rafael for a Special Event (PD)
Recommended Action – Adopt Resolution

SPECIAL PRESENTATIONS

6. Special Presentations:
a. Presentation of Proclamation Supporting Native American Heritage Month, 2024

OTHER AGENDA ITEMS

7. Other Agenda Items:
a. Encampment Resolution Fund Round 3 (ERF-3) and State of California/State Senator McGuire Funding Agreements, and Collaboration Agreement Between the County of Marin and City of San Rafael
Authorize the City Manager to Execute Professional Services Agreements with the County of Marin Related to the Encampment Resolution Fund Round 3 (ERF-3) and State of California/State Senator McGuire Funding, and Authorize the City Manager to Execute the Collaboration Agreement Between the County of Marin and City of San Rafael (CM) Recommended Action – Authorize the City Manager to execute professional services agreements with the County of Marin Related to the Encampment Resolution Fund Round 3 and State of California/State Senator McGuire funding; and Authorize the City manager to Execute (and amend as needed) the collaboration agreement between the County of Marin and City of San Rafael for Encampment Resolution Fund Round Three (ERF-3) grant funds, the State of California/Senator McGuire funds, and the 50/50 match for housing-based case manager

PUBLIC HEARINGS

8. Public Hearings:
a. Marin Sanitary Service Rates and Amendments for 2025 Resolutions (CM):
i. Approving a Fifth Amendment of the Amendment and Restatement of the Collection Agreement of the City of San Rafael with Marin Sanitary Service Recommended Action – Adopt Resolution
ii. Authorizing Maximum Rates Collected by Marin Sanitary Service for Refuse and Recyclable Material Collection and Disposal Services to be Effective January 1, 2025, and Adopting a City Cost of Solid Waste Service Fee, Refuse Vehicle Impact Fee, and Franchise Fee for the Use of City Property in the Provision of Solid Waste Related Services
Recommended Action – Adopt Resolution
b. BioMarin Development Agreement
Accept the 4th Anniversary Annual Report for the Executed Development Agreement (Ordinance No. 1982) Between BioMarin Pharmaceutical and the City of San Rafael for the Development of an Expanded San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue and 999 3rd Street); Case No.: DA18-001 (CED) Recommended Action – Adopt Resolution
5 OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 1.a
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: PUBLIC ART REVIEW BOARD INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE AN APPOINTMENT TO FILL ONE FOUR-YEAR TERM THROUGH THE END OF OCTOBER 2028 ON

THE PUBLIC ART REVIEW BOARD DUE TO THE EXPIRATION OF

TERM OF MEILI ZHAO
RECOMMENDATION:

Interview the following applicants and make an appointment to fill one four-year term through the end of October 2028 on the Public Art Review Board due to the expiration of term of Meili Zhao.

Name
Jack Fisher
Jennifer Skinner
Meili Zhao
Nadia Tarzi-Saccardi
BACKGROUND:

The term of Meili Zhao is set to expire at the end of October 2024 and she expressed a desire to reapply. The City Clerk’s office recruited for applications and received eight applications, and two applicants withdrew.

This Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations. Members of the Committee shall be at least 18 years of age and reside within the City limits. The three (3) at-large members shall reflect the diversity of San Rafael, with professional qualifications in the visual arts and/or civic design, such as artists, architects, landscape architects, arts educators, arts administrators, urban designers, urban planners, or owners/managers of a creative business. Meetings are held on the 3rd Thursday of each month at 6:00 p.m. at the San Rafael Community Center, 618 B Street, San Rafael, CA 94901.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The City Clerk’s office recruited for the Public Art Review Board vacancy and received eight (8) applications; however, two applicants withdrew their applications. Due to the volume of applications received for the single vacancy, a subcommittee of the Mayor and the City Council Liaison and reviewed the applications and selected four (4) to be interviewed by the full City Council. Staff recommends the City Council interview the four (4) applicants and make an appointment.

FISCAL IMPACT: There is no fiscal impact associated with this item.

COMMUNITY OUTREACH:

The call for applications for the Public Art Review Board was advertised through mass email notification, the City website, social media platforms, Marin IJ, and physically posted at City facilities.

ATTACHMENT:

1. Four (4) Applications

2. Bylaws
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido jack fischer
Address / Dirección
Address 2 / Dirección 2
City / Ciudad san rafael
State / estado ca
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
terra linda ....district 4?
Other (please specify)Otros (especifique):

Q3
How long have you lived in San Rafael?
3 years
Q4
Business Information
Company jack fischer gallery
Address
City/Town san francisco
ZIP/Postal Code 94107
#83

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 08, 2024 1:49:26 PM
Last Modified: Thursday, August 08, 2024 1:58:30 PM
Time Spent: 00:09:04
IP Address: 96.82.85.101

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Friend
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Public Art Review Board
Q18
Do you participate in any civic activities? If so, what are they? not at the moment/ other than donating to St Anthony's
Q19
List any civic organizations of which you are a member:
advisory to Creativity Explored
Q20
Education:

Graduated from Hunter College in NY City
Q21
Why are you interested in serving on a board or commission? since I have run and owned an art gallery for the last 22 years I might be suited for the Public Art Review Q22
Describe possible areas in which you may have a conflict of interest with the City:
none
Q23
Upload your resume.

Respondent skipped this question

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Jennifer Skinner Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este
Q3
How long have you lived in San Rafael?
8 years
Q4
Business Information
Company Jennifer Skinner Portraits
Address
City/Town San Rafael
ZIP/Postal Code 94901
#72

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, July 11, 2024 7:37:48 PM
Last Modified: Thursday, July 11, 2024 7:46:55 PM
Time Spent: 00:09:06
IP Address: 50.234.120.14

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):

City website, Mayor Kate Colin
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Public Art Review Board
Q18
Do you participate in any civic activities? If so, what are they? Marin Garden Club, past member of Marin Catholic Parent Board, National Charity League community service, school volunteer Q19
List any civic organizations of which you are a member:

Marin Garden Club
Q20
Education:

BBA Marketing: Southern Methodist University
MBA: University of Washington
Q21
Why are you interested in serving on a board or commission? I am a proud San Rafael resident and care deeply about improving our community and the quality of life in San Rafael. I believe that there is great potential to beautify and unify our city through more visible and vibrant public art and garden spaces.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

None
Q23
Upload your resume.

Respondent skipped this question

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Meili Zhao
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este
Q3
How long have you lived in San Rafael?
9 years
Q4
Business Information
Company Meilizhaoart
Address
City/Town San Rafael
ZIP/Postal Code CA 94901
#82

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, August 07, 2024 9:51:21 PM
Last Modified: Wednesday, August 07, 2024 10:16:52 PM
Time Spent: 00:25:31
IP Address: 98.210.37.227

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
City Council Agenda
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Public Art Review Board
Q18
Do you participate in any civic activities? If so, what are they? I’m in The Public Art Review Bored now.

Q19
List any civic organizations of which you are a member:

Public Art Review Board
Q20
Education:

Master of Science in TCM
Q21
Why are you interested in serving on a board or commission? I’m doing Art and with artist every day, I can help with the area our city needs with art projects.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

I’m trying to help the city make right decisions with art projects.

Q23
Upload your resume.

Respondent skipped this question

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido NADIA TARZI-SACCARDI Address / Dirección
City / Ciudad SAN RAFAEL
State / estado CA
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
2001
Q4
Business Information
Company TERRA LINDA CERAMIC ARTISTS
Address
City/Town SAN RAFAEL
ZIP/Postal Code 94903
#79

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, August 06, 2024 5:35:30 PM
Last Modified: Wednesday, August 07, 2024 2:17:56 PM
Time Spent: 20:42:25
IP Address: 98.35.211.188

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):

SENIOR RECREATION SUPERVISOR DEBBIE YOUNKIN
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Public Art Review Board
Q18
Do you participate in any civic activities? If so, what are they?

NOT AT THE MOMENT
Q19
List any civic organizations of which you are a member:

I WAS A LONG STANDING MEMBER OF THE ROTARY CLUB #2 IN SAN FRANCISCO Q20
Education:

I AM A CERAMICS SPECIALIST AND ART RESTORER
Q21
Why are you interested in serving on a board or commission? I TEACH CERAMICS, I LOVE ART AND THE BENEFITS OUR COMMUNITY CAN GET FROM PRACTICING AND VIEWING ART. I AM PASSIONATE ABOUT ALL ASPECTS OF ART AND HAVE CURATED SEVERAL SUCCESSFUL EXHIBITIONS. I WOULD LOVE TO BE INVOLVED AND SERVE THE CITY OF SAN RAFAEL TO THE BEST OF MY ABILITY.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

I DO NOT SEE ANY AREAS OF CONFLICT WITH THE CITY.

Q23
Upload your resume.

Nadia%20Tarzi-Saccardi%20RESUME.pdf (90KB)

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

Nadia Tarzi-Saccardi
Director, Terra Linda Ceramic Artists
Contact Information
Email:

Phone:

Address:

Professional Summary
Dynamic and experienced ceramics artist and art educator with over 20 years of experience in teaching, curating, and managing art studios. Proven track record in organizing successful exhibitions and leading art organizations. Adept at restoring archaeological artifacts and lecturing on archaeology with an emphasis on Central Asia. Passionate about promoting cultural heritage and artistic expression through ceramics and visual art for all ages. .

Skills
● Ceramic Techniques: Wheel Throwing, Hand Building, Sculpture ● Visual art and Studio Practice- exploration of artistic concepts and methodologies ● Studio Management and Organization
● Exhibition Curation
● Art Restoration
● Public Speaking and Conference Lecturing
● Project Management
● Leadership and Team Building
Professional Experience
Director, Terra Linda Ceramic Artists, City of San Rafael, CA 2017 - Present
Teacher, Pottery on the Wheel & Hand Building, Adults, Walnut Creek Center for the Arts, CA
2017 - 2018
Exhibition Curator
2018 - Present
Studio Manager, Mill Valley Potter’s Studio, Mill Valley, CA 2015 - 2017
Teacher, Pottery on the Wheel & Hand Building, Adults, Mill Valley Potter’s Studio, Mill Valley, CA
2014 - 2017
Assistant Teacher, Ceramic Sculpture & Pottery on the Wheel, Children and Adults, Terra Linda Ceramics, San Rafael, CA
2012 - 2016
Art Restoration
2002 - Present
Conference Lecturer on Central Asia Archaeology
2003 - Present
Executive Director Association for the Protection of Afghan Archaeology 2003 - 2018
Curated Shows
● Falkirk, Totems, March - April 2024
● TLCA/California Conference for the Advancement of Ceramic Arts, April - May 2024 ● Falkirk, “Activation”, March - April 2023
● TLCA/California Conference for the Advancement of Ceramic Arts, April - May 2023 ● TLCA/California Conference for the Advancement of Ceramic Arts, April - May 2022 ● Falkirk, “R’Evolution”, March - April 2022
● Cornelia Nevitt “A Retrospective” Falkirk, 2021
● TLCA/California Conference for the Advancement of Ceramic Art, October 2021 ● TLCA Annual Member’s Show (online), 2020
● TLCA/California Conference for the Advancement of Ceramic Arts, April - May, 2019
● Falkirk, “Form & Fire”, 2018
Shows
● Marin County Fair, Fine Arts, 2008 – Marin Arts Council Award recipient ● Terra Linda Annual Show, 2008
● College of Marin Student Show, 2009
● CCACA, 2009
● College of Marin Student Show, 2010
● MOCHA, 2010
● CCACA, 2010
● Falkirk, “Journeys” – TLCA, 2012
● Marin County Fair, Fine Arts, 2012
● Marin Open Studios, 2013
● ACCI “Hallowed and Haunted”, 2013
● Marinwood First Annual Art and Wine, 2013 – 3rd Place ● Marin Open Studios, 2014
● Falkirk, “Reflections” – TLCA, 2014
● Marin County Fair, Fine Arts, 2015 - 1st Place in Ceramics, 3rd Place in Ceramics ● ACCI “Unleashed”, 2015
● Marinwood Annual Art and Wine, 2015
● Falkirk, “Unleashed”, 2016
● Marinwood Annual Arts and Wine, 2016
● Marin County Fair, 2017
● Marinwood Annual Art and Wine, 2018
● Falkirk, “Form & Fire”, 2018
● Marin County Fair, 2018
● Marinwood Annual Art and Wine, 2019 - 1st Place
● CCACA, Davis California, May 2019
● Epperson Gallery- “What Lies Beneath”, 2020
● CCACA, Davis California, October 2021
● Falkirk, “R’Evolution”, 2022
● CCACA, Davis California, April 2022
● Artworks Downtown, Contemporary Botanicals, March 2022 ● Marinwood Spring Show, April 2022
● Marinwood Fall Show, October 2022
● CCACA, Davis California, April 2023
● Marinwood Fall Show, October 2023 - 2nd Place
● CCACA, Davis California, April 2024
● Feats of Clay- Art League of Lincoln, June 2024 - Merit Award Artist Awards
● 2024 Feats of Clay, 2024 Regional Competition - Merit Award ● 2024 Marinwood Fall Bi-Annual Art and Wine - Honorable Mention ● 2023 Marinwood Fall Bi-Annual Art and Wine - 2nd Place ● 2018 Marinwood Annual Art and Wine – 1st Place
● 2017, Marin County Fair-Fine Arts - Honorable Mention ● 2015, Marin County Fair-Fine Arts - 1st Place in Ceramics ● 2015, Marin County Fair-Fine Arts - 3rd Place in Ceramics ● 2015, Marin County Fair-Fine Arts – Honorable Mention ● 2013 Marinwood First Annual Art and Wine – 3rd Place
● 2008, Marin County Fair-Fine Arts - Marin Arts Council Award Studio Awards
● 2024 Pacific Sun Reader’s Choice of Marin Award - Best Art Studio, Best Art Instructor
● 2023 Pacific Sun Reader’s Choice Best of Marin Award - Best Studio Art, Best Instructor
● 2022 Pacific Sun Reader’s Choice Best of Marin Award - Best Art Studio, Best Art Instructor, Best Artist
● 2022 Marin IJ Reader’s Choice Award - Best Art Studio ● 2021 Pacific Sun Reader’s Choice Best of Marin - Best Art Studio, Best Art Instructor ● 2020 Pacific Sun Reader’s Choice Best of Marin - Best Art Studio, Best Art Instructor ● 2016 Best of Parents Press Award for the Mill Valley Potter’s Studio ● 2014 Best of Parents Press Award for the Mill Valley Potter’s Studio Publications
● 2022, Strasbourg University, D.A.F.A centennial, “Conference on Cultural Preservation - the role of the APAA”
● 2018, Strasbourg University, “Conference, Autour de Bamiyan” ● 2013, Dhammakaya, International Research Institute DIRI Journal - Protection of the Ancient Buddhist Archaeological Site at Mes Aynak
● 2012, Association for the Protection of Afghan Archaeology, digital book “Mess Aynak” ● 2008, Dominican University/Osher Lifelong Learning Institute Course series: The Lost Culture & Archaeology of Afghanistan
● 2006, HdO Art and Archaeology of Afghanistan: Tarzi on Tarzi: Afghanistan’s plight and the Search for the Third Buddha
● 2004, Participant in National Geographic Society/PBS feature film “Lost Treasures of Afghanistan”
● 2004, The SAA Archaeological Record number 1 January 2004 p. 34-37 ● 2003, Ariana Outreach, Nebraska University: An introduction to the plight of Afghanistan’s archaeological heritage.
(Full list available on demand)

PUBLIC ART REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Public Art Review Board, hereinafter referred to as the "Public Art Review Board," or the “Board.” Section 1.2. Purpose. The Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations.

Section 1.3. Committee Responsibility. The Public Art Review Board’s authority over long-term art proposals (greater than one year) is advisory only and the Board will issue a recommendation to City Council to approve or reject a proposal. For shortterm art proposals, the Public Art Review Board has the authority to approve exhibitions. At staff’s discretion, certain short-term projects may be required to obtain City Council approval, depending on project impact.

The Public Art Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council.

The responsibilities and duties of the Public Art Review Board shall be as follows:

1. Work with Staff in the review and approval of public art projects.

2. Review all proposals for public art and recommend select projects to City Council for approval.

3. Monitor the overall development of public art projects, encouraging balance over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

4. Provide opportunities for community input and resident participation.

5. To use the following Public Art Review Criteria in evaluating all public art proposals:
a. Project Readiness: Projects can demonstrate readiness through completeness of design, skill/experience of the artist(s) or project manager(s), secured funding for art piece and cost of installation, successful community engagement, identification of an appropriate site, and proposed schedule. The Public Art Review Board may encourage an applicant to reapply, if they deny a proposal as not sufficiently ready but with specific promise to demonstrate future readiness. b. Qualifications: Artists, artist teams, or project manager must be able to demonstrate, through past work – as evidenced in a resume, portfolio, and reference – their ability to create quality artwork and act with the utmost professionalism. In most cases, artists have considerable training and experience working professionally at and have been compensated for their art. For certain projects, the City will consider emerging or non-professional artists, who are working under the guidance of a professional mentor or art teacher.
c. Funding: Projects should have a funding source identified and project implementation will be contingent upon receipt of full funding for the project. The City does not provide project funding for public art. d. Community Engagement: Proposed projects that have completed their own public engagement process will be prioritized.
i. For long-term projects (installation planned for more than one (1) year): A minimum of one (1) public meeting and three (3) letters of support are recommended. Successful public meetings might involve the local homeowner’s association (HOA), neighborhood associations, or business owners. The Public Art Review Board must be informed of these meetings ahead of time and allowed to opportunity to attend.
ii. For short-term projects that are viewable within the public rightof-way: A minimum of two (2) letters of support is recommended. iii. In both instances, it is recommended that one of the letters of support be from the local homeowners’ association (HOA) or neighborhood association, if applicable.
iv. Short-term projects inside a public facility are not required to conduct community engagement, outside of that undertaken through the Public Art Review Board process.
e. Maintenance: Works of art will have reasonable maintenance requirements and these requirements shall be compatible with routine City maintenance procedures. For projects that require more maintenance than current City budgets and staffing allow or a specific expertise, the project must set aside sufficient maintenance funding for the duration of the project and must develop an agreement for maintenance to be performed by private parties, as approved by City staff.
f. Design: Works of art will be designed in consideration of the relevance and appropriateness of the work to the context of the site and in alignment with public safety and decency.
i. The artwork will not portray themes that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability. The artwork will not contain content, signage, names, logos, or subject matter that could be construed as advertising or as religious or sexual in nature nor will it promote a political candidate or include political text. Any content considered obscene or indecent by community
standards will be denied.
ii. The design of the artworks will take into consideration issues associated with public spaces such as security, theft, vandalism, etc.
iii. The design of the artworks will consider the specific needs and use patterns of the public space in which they will be located. For example, in parks, works of art will not block critical view corridors or impede public usage of key open space.
g. Diversity: Artists and the City's public art collection should reflect the diversity of San Rafael’s community. The Public Art Review Board shall monitor the overall development of public art projects, encouraging balance in the City’s collection over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Public Art Review Board shall consist of five (5) voting members as follows: three (3) at-large members, one (1) representative from the Planning Commission and one (1) representative from the Park and Recreation Commission. The Councilmember in whose district the public art is proposed will participate as a non-voting liaison to the City Council as part of the selection process.

Section 2.2. Eligibility. Members of the Committee shall be at least 18 years of age and reside within the City limits. The three (3) at-large members shall reflect the diversity of San Rafael, with professional qualifications in the visual arts and/or civic design, such as artists, architects, landscape architects, arts educators, arts administrators, urban designers, urban planners, or owners/managers of a creative business.

Section 2.3. Compensation. Committee Members may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member..

Section 2.4. Appointment of Committee Members. The representatives from the Planning Commission and the Park and Recreation Commission will be selected by the Planning Commission and the Park and Recreation Commission, respectively, on a biannual basis. The at-large members will be selected by the City Council.

Section 2.5. Terms of Appointment. The at-large Board members will serve a maximum of two (2) four (4) year terms. The representatives from the Planning Commission and the Park and Recreation Commission shall serve a term of two (2) years, but not more than two consecutive terms. However, if there is a vacancy, the Planning Commission and the Park and Recreation Commission have the authority to extend the current representative’s term at their discretion. Board Members serve at will and are subject to appointment and/or removal at the discretion of City Council.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison, or six absences (whether excused or unexcused) in any term, shall be considered a voluntary resignation from the Committee. Committee members who had previously resigned may be eligible for reappointment to the Committee.

Section 2.7. Conflict of Interest. A member of the Board who has a financial, business, familial or romantic relationship regarding a matter coming before the Board shall disqualify themself from all participation in that matter.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Public meetings shall be held a minimum of four (4) times per year but may meet more frequently or on an ad hoc basis, as needed. Quarterly meetings shall be scheduled annually with the quarterly meeting schedule for the upcoming year will be set by November of the previous year.

Revised September 3, 2024
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 1.b
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: PARK AND RECREATION COMMISSION INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE APPOINTMENTS TO FILL TWO FOUR-YEAR TERMS THROUGH THE END OF OCTOBER 2028 ON THE

PARK AND RECREATION COMMISSION DUE TO THE EXPIRATION OF

TERMS OF ROBERT SANDOVAL AND KELA CABRALES
RECOMMENDATION:

Interview the following applicants and make appointments to fill two four-year terms through the end of October 2028 on the Park and Recreation Commission due to the expiration of terms of Robert Sandoval and Kela Cabrales.

Name
Emily Willingham
Kela Cabrales
Robert Sandoval
Susanne Berg
BACKGROUND:

The terms of Robert Sandoval and Kela Cabrales are set to expire at the end of October 2024 and both Commissioners expressed a desire to reapply. The City Clerk’s office recruited for applications and received ten applications; but two lived outside of city limits, and one withdrew from the application process.

This Park and Recreation Commission assists the City Council in developing and implementing long-range plans for City parks and recreation facilities; monitors current service levels and community needs; reviews the performance of City partnerships with community groups in the utilization of facilities and production of programs; reviews and advises on general policies and procedures in the delivery of park, recreation, child care, and cultural services. Meetings are held on the 3rd Thursday of each month at 6:00 p.m. at the San Rafael Community Center, 618 B Street, San Rafael, CA 94901.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The City Clerk’s office recruited for the Park and Recreation Commission vacancies and received ten (10) applications; however, two applicants were ineligible due to residing outside of city limits, and one applicant withdrew. Due to the volume of applications received, a subcommittee of the City Council consisting of the Mayor and the Park & Recreation Commission’s City Council Liaisons reviewed the applications and selected four (4) eligible applicants to be interviewed to fill the two terms.

FISCAL IMPACT: There is no fiscal impact associated with this item.

COMMUNITY OUTREACH:

The call for applications for the Park and Recreation Commission was advertised through mass email notification, the City website, social media platforms, Marin IJ, and physically posted at City facilities.

ATTACHMENT:

1. Four (4) Applications

2. Bylaws
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Emily Willingham Address / Dirección
City / Ciudad San Rafael
State / estado California
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
11 years
Q4
Business Information
Company Marin Academy
Address
City/Town San Rafael
ZIP/Postal Code 94901
#81

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, August 07, 2024 5:26:26 PM
Last Modified: Wednesday, August 07, 2024 5:39:39 PM
Time Spent: 00:13:12
IP Address: 67.170.225.245

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Social Media
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Park and Recreation Commission
Q18
Do you participate in any civic activities? If so, what are they? I have just, for the first time in my time in Marin, become able to work a regular 40-hour week (instead of 60-80 hours), so I am looking for ways to participate in civic activities. As a journalist, I was not "supposed" to become overtly politically involved; I have now left journalism for full-time teaching. My online work has largely focused on disability and social justice. I also have supported fundraising for Wildcare (through a calendar sales campaign) and have been a longtime donor to the local food bank.

Q19
List any civic organizations of which you are a member:

No formal memberships
Q20
Education:

PhD, biological sciences
BA, English
Q21
Why are you interested in serving on a board or commission? I was once the outdoors columnist for the Marin IJ, my son works for Marin Co. Parks and Rec, and our family are closely familiar with the city and county parks here, in addition to the city's cultural and childcare offerings (our youngest son is a Parkside alum). This is where my interests lie and where I think I might have the most to contribute and the best understanding. I have served on two boards (one a nonprofit school, and one a nonprofit journalism organization), so I have experience in that broader milieu.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

I do not think I have any.

Boards, Commissions & Committees Application
3 / 3
Q23
Upload your resume.

Willingham_Resume_2024.pdf (88.5KB)
Emily Willingham

EDUCATION
• B.A., English, with minors in German and history, University of Texas at Austin, December 1989 • Ph.D., Biological Sciences, University of Texas at Austin, May 2001

COMMUNICATIONS EXPERIENCE
• Journalist/associate editor/managing editor, health/science/medicine (contract and staff) —1996 to 2024
Bylines: Medscape/WebMD, Washington Post, San Francisco Chronicle, Everyday Health, Slate, Wired, Discover, MIT Tech Review, NOVA, The Scientist, and Scientific American, among others. Also author of Phallacy: Life Lessons from the Animal Penis (2020, Avery/Penguin), author of The Tailored Brain (December 2021, Basic Books), and co-author of The Informed Parent: A Science-Based Resource for Your Child’s First 4 Years (Perigee Books/Penguin) • Editor and writer
—2005 to present
Editor/writer of research articles and reviews, grants, theses/dissertations, books, book chapters, essays, commentaries, and other materials, across a variety of topic areas • More
—1989 to present
Public information officer at large stage agency, nonprofits; secondary school teacher in English, communications, Spanish, science, and piano; fact-checker; newsletter writer and producer; scriptwriter; frequent podcast and video appearances

SELECTED ACADEMIC EXPERIENCE
• Science Teacher, Crossroads Coordinator, Yearbook Advisor, Marin Academy –November 2022 to present
• Instructor, Science Journalism, University of California, Berkeley-Extension —September 2020 to 2023
Teaching a journalism class that covers finding story ideas and sources, conducting interviews, targeting specific audiences, story structure, pitching, and more • Adjunct Professor, Dominican University
—August 2013 to May 2017
Natural Sciences (undergraduate), Clinical Laboratory Sciences (graduate). Teaching graduate anatomy, undergraduate anatomy and physiology lecture and lab, undergraduate developmental biology lecture and lab, graduate scientific writing

HONORS AND OUTREACH
• Board Member, National Association of Science Writers —August 2014 to August 2018
• Committee Chair, National Association of Science Writers —August 2013 to August 2022
• Awards judge, World Federation of Science Journalists, Victor K. McElheny Award • Organizer, Science Writing Summit
—June 2013, funded by NASW Idea Grant
• Managing editor, Double X Science, funded by NASW Idea Grant • MIT 2021–2022 Knight Science Project Fellow
PORTFOLIO General | Scientific American
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Kela Cabrales
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
28 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
Other (please specify):
currently serving on the commission
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Park and Recreation Commission
#89

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, October 02, 2024 9:56:13 AM
Last Modified: Wednesday, October 02, 2024 10:17:35 AM
Time Spent: 00:21:22
IP Address: 135.180.148.113

Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? Chairperson for Park and Recreation Commission
Q19
List any civic organizations of which you are a member:

Chairperson for Park and Recreation Commission
Q20
Education:

BA in Broadcast & Electronic Communication
SF State 1994
Project Management Certificate
Cal State East Bay 2012
Q21
Why are you interested in serving on a board or commission? My family and I have actively been involved in many of the areas that the Park and Rec Commission cover, and I would like to give back to the community.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

None that I can think of.

Q23
Upload your resume.

KELA%20CABRALES%20RESUME_ProjectV2-2.pdf (38.5KB)

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?

KELA CABRALES

OPERATIONS & PROJECT MANAGER
. San Rafael, CA 94901
SKILLS
BuilderTrend
monday.com
Quickbooks Online
Google Workspace
Nuke
Silhouette
Zoom
Shotgrid
Film Production
Special Effects
Unix
Mac & PC Systems
Project Management
Microsoft Office

EXPERTISE
Production
Compositing
Rotoscoping
Digital Paint
3D Conversion
Digital Matte Painting

EDUCATION
BA, Broadcasting & Electronic Arts
San Francisco State University, 1994
Project Management Certification,
Cal State East Bay, 2012

FILMOGRAPHY
Mass Teleportation Authority
(unrealeased)
The Avengers
MI: Ghost Protocol
Avatar
Star Trek (2009)
Transformers
Mission Impossible III
Harry Potter and the Prisoner of Azkaban
Pirates of the Caribbean: The Curse of the
Black Pearl
Star Wars Episodes I & II

PROFILE
I have had the privilege to work on projects for most of my career.

I have a passion to be able to breakdown complex topics and create systems to make working and learning easier.

Communication and adaptability are what make me an asset to any workplace. I am at my best when new opportunities or challenges arise.

EXPERIENCE
Operations Manager/Project Manager
Matthew Kelly Construction 2022- Present
· Creating and implementing operational systems
· Coordinating construction projects
· Business strategy & development
Part- time Instructor
Academy of Art / San Francisco, CA / 2013 - 2022
· Teaching graduate and undergraduate classes in
rotoscoping.
· Transitioned class to industry standard software
· In-person, zoom & asynchronous
Compositing Lead
Academy of Art StudioX/ Remote/ 2020- 2021
· Remote studio setting using Zoom, Shotgrid, and Box to run remote dailies, collaborating with director, artists and production team
· Look development for teleportation sequence
· Creating documents for finaling checklists
Online Class Build
Academy of Art / 2017
· Designed and wrote online, asynchronous class for
Animation and Visual Effects Department - Rotoscoping
Computer and Technology Instructor
Coleman Elementary/ San Rafael, CA / 2013 - 2020
· Created and taught curriculum to K-5th grade
· Topics included Digital Citizenship, Computational
Thinking, Coding, Maker-Design Thinking
· In-person, zoom & asynchronous
Jurassic Park III
The Mummy
Star Wars Special Editions
(full list available on IMDB)
Digital Artist
Industrial Light & Magic / San Francisco, CA / 1998-2012 · Worked with a team of digital artists to create a
seamless look for special effects on feature films
· Adapted to various departments on an as needed basis
for compositing on Flame to rotoscoping with
Commotion
· Created images for Disney rides, 3D conversions of films and independent films
Technical Assistant
Industrial Light & Magic / San Rafael, CA / 1996-1998
· Managed various departments’ computer resources and
disk space.
· Developed internal programs to streamline I/O
procedures.
· Provided backup and retrieval support for the computer graphics department.

Production Assistant
Industrial Light & Magic / San Rafael / 1995-1996
· Assisted with preparation of live action and location shooting.
· Generated and maintained billing for location production and film processing costs.
· Scheduled and coordinated digital plate clean up
Demo Reel available at: https://vimeo.com/278358457
Boards, Commissions & Committees Application
1 / 4
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Robert Sandoval Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 3/Eastern / Distrito 3/Este
Q3
How long have you lived in San Rafael?
almost 5 years
Q4
Business Information
Company Payward Inc., dba Kraken Digital Asset Exchange Address
City/Town Cheyenne, WY
ZIP/Postal Code 82001
#147

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, September 17, 2024 7:39:58 PM
Last Modified: Tuesday, September 17, 2024 8:50:56 PM
Time Spent: 01:10:57
IP Address: 98.42.236.63

Boards, Commissions & Committees Application
2 / 4
Q5
How did you hear about this vacant position?
City Council Agenda,
Social Media,
Community Center/Library,
City Manager's Newsletter,
Friend
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Park and Recreation Commission,
Planning Commission
Q18
Do you participate in any civic activities? If so, what are they? Yes, I have participated in civic activities in local government, nonprofits, and through my legal profession.

Government:
• Vice Chair, Park and Recreation Commission
o Alternate, Master Plan Steering Committee
• Public Art Review Board
Nonprofits:
• Board Member, Point San Pedro Road Coalition
o Chair, Roadway Committee
• Member, Association of Latino Marin Attorneys
• (former) 2017-2021 Director, San Francisco La Raza Lawyers Association • (former) 2017-2019 Board Member, Aim High Young Leaders Board Law Pro Bono:
• Represented victims of civil rights abuse
• Represented victims of domestic violence
Q19
List any civic organizations of which you are a member:

Point San Pedro Road Coalition
Association of Latino Marin Attorneys
Hispanic Chamber of Commerce of Marin

Boards, Commissions & Committees Application
3 / 4
Q20
Education:

BA Politics and Economics, Occidental College
JD, University of Chicago Law School
Q21
Why are you interested in serving on a board or commission? I am a husband and father of two young kids, and I feel so privileged that San Rafael is my home. Raising a family here, it is more important to me than ever that the City continues to prosper and be a safe, welcoming, and diverse place. I am interested in serving on the Planning Commission because I want to help the City Council address critical upcoming property development issues that will shape our future. I am also/alternatively interested in continuing to serve on the Park & Recreation Commission because I would like to keep building on our recent successes and improving our parks and facilities consistent with our Master Plan and the City’s General Plan.

In my current role as in-house legal counsel for a tech company, I've honed my analytical and problem-solving skills. I advise our executives on how to navigate complex issues and find creative solutions to problems. I also have experience working on high-stakes matters with multiple stakeholders, resolving conflicts and building consensus. These skills lend themselves to serving on Commissions—like the Planning Commission—which hears hotly contested issues in our City like the Northgate Mall Redevelopment Project and others.

As the current Vice Chair of the Park & Recreation Commission, I've also developed valuable experience with community engagement, project analysis, and generally how to compliantly and efficiently carry out Board meetings for the benefit of the public. I previously served as an alternate on the Citywide Park and Recreation Master Plan Steering Committee, which assessed infrastructure, prioritized new projects and funding allocations, and created a roadmap and vision for the future of our Park and Recreation Department. I am proud of the work our Parks Department has done: like providing new playgrounds for the next generation of families starting in San Rafael; and the Pickleweed Park Enhancement Project, which was years in the making. I’ve had the pleasure of connecting with residents, learning about their issues and concerns directly, fostering inclusive dialogue, and promoting our parks and facilities to improve the lives of those in our community.

If selected for the privilege of serving on the Planning Commission or Park & Recreation Commission, my priorities will remain focused on open communication, transparency, and ensuring that our planning and development processes reflect the needs and values of our community. I also will prioritize fostering economic development, protecting our beautiful parks and open spaces for the benefit of local businesses and residents, and safeguarding property values and our quality of life.

I hope to continue to contribute to San Rafael's success on either the Planning Commission or Park & Recreation Commission. Thank you for your consideration.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

I do not have a conflict.

Boards, Commissions & Committees Application
4 / 4
Q23
Upload your resume.

Robert%20Sandoval%20Resume.pdf (139.2KB)
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

Robert Sandoval
www.linkedin.com/in/rssandoval •

EDUCATION
The University of Chicago Law School, Chicago, IL
Juris Doctor, June 2016
Stanford Graduate School of Business, Stanford, CA
Cert., Summer Institute of General Management, Summer 2013 Occidental College, Los Angeles, CA
Bachelor of Arts, cum laude, Majors: Politics, Economics; Minor: Classical Studies, May 2013

PROFESSIONAL EXPERIENCE
Kraken, San Francisco, CA
Legal Counsel, 2023 – Present
• Advise business executives, product, compliance, and other teams on a wide variety of commercial legal issues, employee and HR disputes, client and business litigation, and financial regulatory issues Morrison & Foerster LLP, San Francisco, CA
Senior Associate, Litigation, 2019 – 2023
• Advise a range of business and tech companies on contractual disputes, complex class actions, and consumer and privacy regulatory compliance
• Lead teams in litigation as the senior associate coordinating case strategy and executing client goals Secondment: Meta, Lead Counsel, Product - News Feed, May 2021 – February 2022 o Counseled News Feed product and cross-functional teams on consumer and privacy law issues UC Hastings College of the Law, San Francisco, CA
Adjunct Professor, Fall 2021
• Taught Legal Research and Writing to first year law students United States District Court, Northern District of California, San Francisco, CA Judicial Law Clerk to The Hon. William H. Orrick and The Hon. Richard Seeborg, 2018 – 2019 • Managed dockets for two Judges simultaneously across many areas of law, including commercial disputes, product class actions, privacy, securities, and cryptocurrency California Department of Justice, Office of the Attorney General, San Francisco, CA Honors Deputy Attorney General, Civil Division, 2016 – 2018 • Represented California employees, agencies, and departments in all aspects of civil litigation • Received the Attorney General’s Team Award for contributions to the Deferred Action for Childhood Arrivals (DACA) Litigation.

VOLUNTEER AND CIVIC ENGAGEMENT
San Rafael Park & Recreation Commission, San Rafael, CA Vice Chair, Commissioner, 2020-Present
Master Plan Steering Committee, 2021-2023
San Rafael Public Art Review Board, San Rafael, CA
Member, 2022-Present
Point San Pedro Road Coalition, San Rafael, CA
Board Member, 2024-Present
Chair, Roadway Committee, 2023-Present
San Francisco La Raza Lawyers’ Association, San Francisco, CA Board of Directors, 2017-2021
Aim High, San Francisco, CA
Young Leaders Board Member, 2017-19
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Susanne Berg
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
2 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
Other (please specify):

City of San Rafael website
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Park and Recreation Commission
#75

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, July 25, 2024 7:23:30 PM
Last Modified: Thursday, July 25, 2024 7:36:39 PM
Time Spent: 00:13:09
IP Address: 76.253.12.10

Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? I do not currently participate in any civic activities
Q19
List any civic organizations of which you are a member:

Board Member, BuildChange, the global leader in systems change for resilient housing.

Q20
Education:

JD, Berkley Law (2004)
BA, University of the Pacific (1998)
Q21
Why are you interested in serving on a board or commission? I am interested in serving on the Parks and Recreation Commission as I have a four year-old son and we love taking advantage of all parks/playgrounds in San Rafael as well as the activities that the Rec center offers. My son will be entering Parkside this fall and will likely continue there for after-care once he enters kindergarten. I want to be able to give back to the City and also be a voice for those with young families and grown adults who rely on the services of the Park and Rec community.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

N/A
Q23
Upload your resume.
%20Susie%20Berg%20Resume%202024%20.pdf (178.6KB)

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

SUSANNE BERG, ESQ
San Rafael, CA 94109
linkedin.com/in/bergsusie
PRODUCT & SAAS COUNSEL | OPERATIONS PARTNER
Commercial attorney who enjoys working in a dynamic legal department. Experience working with C-suites and stakeholders on complex business deals, managing litigation and product development.

Career at a glance:
• Counseling 10+ product teams (e.g., payments, AI, e-commerce) on new products, product improvements, and compliance.
• Building and leading corporate teams of up to 5, and volunteer teams of up to 50. Also, experienced as nonprofit board president managing a 2,000-member organization. • Collaborating with 3- to 25-member teams, including commercial, product, engineering, finance, marketing, compliance, privacy, security governance, customer service, and regulatory. Additional experience establishing and managing relationships with external counsel.
• Serving as litigation counsel on 25+ matters and managing litigation on 125+ additional cases. • Managing operating budgets up to $925K.
• Structuring and negotiating 200+ commercial contracts and deals including strategic partnerships, payment processing, financings, and corporate transactions, as well as acquisitions and divestitures.

EXPERIENCE:

AUTODESK INC.

San Francisco, CA
Director & Senior Corporate Counsel | Digital Platform, E-commerce & Experiences Aug 2019 to present
Recruited to serve as global lead counsel for the Autodesk digital experience. Reporting to Assistant General Counsel. • Digital Platform, E-commerce & Experiences: Appointed as business and legal advisor for Autodesk’s .com properties, helping open new growth pathways and enhancing customer experiences as digital business growth exceeded 30% YoY over 4 years.
- E-commerce & Go-to-Market Experiences: Appointed as legal business partner to 570-person operating division’s Chief Technologist and 14 direct reports—advising on issues in EMEA, APAC, and Americas.

Matters impact Autodesk.com e-commerce and go-to-market experiences, including 20+ marketing campaigns and promotions (e.g., email, telemarketing, contests); 2 new business models (e.g., subscription tokens); customer T&C / disclosures; community forum user rules (e.g., brand advocate policies). - Artificial Intelligence Product Counseling: Supported General AI considerations (e.g., consumer trust, IP, data privacy, security) related to product launch of employee- and customer-facing chatbots. Member of AI center of excellence and responsible reviewing proposed POC involving AI. - International e-Store Restructuring & Payments: Collaborated with 15-member e-commerce product team in restructuring 3 international e-Stores from vendor- to in-house management.

Included launching 5 international payments methods (e.g., credit cards, alternative payments, wire transfers)—negotiating multimillion-dollar payment vendor agreements (e.g., buy-now-later financing, data analytics) and ensuring regulatory compliance (e.g., SEPA, ACH, PCI) across 6 countries. - Website Accessibility: Served as point person for website compliance under the Americans With Disabilities Act, and conducted ADA training for 30-attendee conference breakout. • Social Responsibility: Co-founded 7-member Pro Bono Legal Committee to deliver global pro bono legal work, presently serving clients in 4 countries on immigration, LGBTQ+, and homelessness matters. Awarded “Partner in Justice” by Legal Aid of Marin. Includes partnership development with 8 law firms and non-profits. • Legal Summit Management: Led development and day-of operations for 110-attendee legal summit, hosted in Napa (Feb 14-17th, 2023). Included theme naming (“Defying Gravity”), planning and acquisiton of 8 executive level speakers, and team building planning, as well as event planner vendor selection and management.

YAPSTONE HOLDINGS
Walnut Creek, CA
Senior Legal Counsel
2016 to 2019
Recruited by GC to support 10-member commercial / product legal team as part of Series C company that powered payments for residential rental partners and one of the world’s top vacation marketplaces. Reporting to AGC. • Commercial Contracts: Worked closely with C-Suite in negotiating and drafting 20+ complex commercial deals, including a $15M PSA and a $35M cash-stock deal. Conducted due diligence on a potential fintech acquisition.
• Privacy Counsel: Led 2 core data protection initiatives, including workflows and terms necessary for compliance with GDPR and privacy shield
• Product Counseling: Advised the CTO, Chief Privacy Officer, and Office of the PMO on 5 bespoke fintech products and feature enhancements.
• Marketing Counseling: Appointed by GC to support 6-member marketing team, ensuring collateral compliance with UDAAP laws.

OVO COSMICO, INC. DBA BTCJAM
San Francisco, CA
In-House Counsel
2015 to 2016
Hired by Series A start-up to provide counsel across all aspects of legal and compliance issues relating to international peer-to-peer Bitcoin lending. Managed operations in COO’s absence, including HR, payroll, insurance, corporate governance matters, and records. Reported to COO and CEO, respectively. • Litigation Management: Acted as litigation counsel for master services agreement breach, resulting in advantageous settlement agreement with a Fortune 50 company. • Regulatory Strategic Planning: Created and implemented legal roadmap addressing regulatory issues including SEC, money transmission, and consumer lending. • Bitcoin Licensing Lead: Authored and project managed licensing application and process.

HERO CITY at DRAPER UNIVERSITY
San Mateo, CA
Managing Director
2013 to 2015
Hired to lead strategic direction and manage property / incubator operations serving 16 companies and 5 venture capital firms for 50,000 square foot co-working facility. Reported to the COO.

PARK TREE INVESTMENTS, LLC
San Francisco, CA
In-House Counsel and Chief of Staff
2009 to 2013
Managed legal and operational matters for a boutique hedge fund with mortgage and real property assets in 36 U.S. states and Puerto Rico. Reported to the CEO, and led in his absence.

Legal Counsel:
• Compliance: Launched and managed 4-member loss mitigation team in Canton, OH, ensuring compliance with Fair Debt Collections Practices Act, Truth-in-Lending-Act and licensing requirements. • Acquisition Management: Directed 4-member due diligence team on title underwriting, and property valuation. Helped negotiate and draft buy- and sell-side note sale agreements. • Transactions & Litigation Matters: Oversaw national network of 50+ foreclosure attorneys; drafted loan modifications and agreements (transfer, purchase / sale, operating), promissory notes and documents for recordation. Managed contested foreclosures, title claims, and bankruptcies.

Operations:
• Revenue Growth & Portfolio Performance: Helped raise $12M in capital and managed $26M in mortgage assets as firm grew from 2 to 8 employees and 12 investors. Included growth from $0 to $3.2M (2009-2012) and portfolio performance increase from 73% to 43% default rate. • Policy & Procedures Development: Authored 60-page process and procedures manual and employee handbook, and researched / established new benefits and administration policy.

LAW OFFICES of SUSANNE BERG
San Francisco, CA
Attorney
2005 to 2009

BINGHAM MCCUTCHEN
Walnut Creek, CA
Associate
2004 to 2005
CISCO SYSTEMS, INC.

San Jose, CA
Government Affairs Coordinator
2000 to 2001
CALIFORNIANS for GRAY DAVIS
San Francisco and Sacramento, CA
Deputy Finance Director (fundraising)
1998 to 2000
EDUCATION:

U.C. Berkeley, Boalt Hall School of Law, Juris Doctor, 2004 University of the Pacific, Bachelor of Arts, English, 1998 – with honors CIPP/US and CIPP/E, 2017 & 2018
California State Bar, 2005
Park and Recreation Commission Bylaws

PARK AND RECREATION COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Park and Recreation Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission is to assist the City Council in developing and implementing the long-range plans for City parks and recreation facilities; monitor current service levels and community needs; review the performance of City partnerships with community groups in the utilization of facilities and production of programs; and review and advise on general policies and procedures in the delivery of park, recreation, child care and cultural services.

Section 1.3. Committee Responsibility. The Commission’s authority is advisory only.

The Commission has no power to act on behalf of the City of San Rafael or any other entity.

Subject to the direction and control of the City Council, as provided in Section 2.04.030 of the San Rafael Municipal Code, the powers and duties of the Commission shall be:

1. To assist in the preparation and adoption of a review annually and revise as necessary a long-range plan for parks including neighborhood parks, communitywide parks, special use facilities and open space lands;

2. To focus public attention upon the need for adequate parks and healthful and creative year-round supervised recreation for all age groups;

3. To assist in promoting the public recreation programs;

4. To solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein;

5. To assist the Parks and Recreation Director in establishing general policies and procedures in respect to park usage;

6. To receive periodic reports from the department head concerning the general operations and functions of the department;
To perform such other duties as may be prescribed by the council.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of five (5) members, one of whom may be a Councilmember.

Park and Recreation Commission Bylaws

Section 2.2. Eligibility. Committee members shall reside in City limits.

Section 2.3. Term Limits. Members of the Committee shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commission members may be eligible for reappointment to the Commission.

Section 2.5. Compensation. Commissioners shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

The Commission shall meet once per month, on a consistent day of the month, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: 1.c
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: PICKLEWEED ADVISORY COMMITTEE INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE APPOINTMENTS TO FILL TWO UNEXPIRED FOUR-YEAR TERMS THROUGH THE END OF APRIL 2027

ON THE PICKLEWEED ADVISORY COMMITTEE, DUE TO THE

VOLUNTARY RESIGNATION OF TERMS OF NANCY PALACIOS AND

JAIRO CEBALLOS
RECOMMENDATION:

Interview the following applicants and make appointments to fill two unexpired four-year terms through the end of April 2027 on the Pickleweed Advisory Committee due to the voluntary resignation of Nancy Palacios and Jairo Ceballos.

Name
Braydan Young
Darlin Ruiz (Canal resident)
Floridalma Rodas (Canal resident)
Sergio Campos
BACKGROUND:

The terms of Nancy Palacios was set to expire at the end of April 2025 and the term of Jairo Ceballos was set to expire at the end of April 2027, but both Members missed more than two consecutive meetings without notification to Staff. The City Clerk’s office received six applications; but two withdrew from the application process The Pickleweed Advisory Committee provides valuable input in representing and advocating for the Canal area resident’s needs and wishes for programs and services; and is a primary public networking resource between the Canal residents, representatives from governmental and non-profit agencies, and others. The Pickleweed Advisory Committee works in conjunction with the City of San Rafael. Meetings are held on the first Wednesday of every other month at 6:00 p.m. at the Al Boro Community Center.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The terms of Nancy Palacios was set to expire at the end of April 2025 and the term of Jairo Ceballos was set to expire at the end of April 2027, but both Members missed more than two consecutive meetings without notification to Staff. Per the Pickleweed Advisory Committee Bylaws Section 2.6, an unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission; Staff did attempt contact with no success.

Nancy Palacios served as a non-Canal resident on the Pickleweed Advisory Committee, and Jairo Ceballos was a Canal resident. Staff recommends appointing one Canal resident and one non-Canal resident to serve on the Pickleweed Advisory Committee to the end of April 2027.

The City Clerk’s office recruited for the Pickleweed Advisory Committee vacancies and received six (6) applications; however, two applicants withdrew. Staff recommends the City Council interview the four (4) eligible applicants and make appointments to fill the two terms.

FISCAL IMPACT: There is no fiscal impact associated with this item.

COMMUNITY OUTREACH:

The call for applications for the Pickleweed Advisory Committee was advertised through mass email notification, the City website, social media platforms, Marin IJ, and physically posted at City facilities.

ATTACHMENT:

1. Four (4) Applications
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Braydan Young
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 2/Western / Distrito 2/Oeste
Q3
How long have you lived in San Rafael?
6 years
Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
City Manager's Newsletter
#73

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, July 17, 2024 9:24:39 AM
Last Modified: Wednesday, July 17, 2024 9:26:56 AM
Time Spent: 00:02:17
IP Address: 73.70.81.124

Boards, Commissions & Committees Application
2 / 3
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Bicycle and Pedestrian Advisory Committee,
Marin County Hazardous & Solid Waste Management
JPA Local Task Force Advisory Member
,
Park and Recreation Commission,
Pickleweed Advisory Committee,
Planning Commission,
Public Art Review Board,
Police Advisory & Accountability Committee
Q18
Do you participate in any civic activities? If so, what are they? I do not, but I used before I have a family. Would love to get re involved.

Q19
List any civic organizations of which you are a member:

Chico State Board of Trustees currently
Q20
Education:

Chico State BS in Business
Q21
Why are you interested in serving on a board or commission? Would love to get involved in my community.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

NA
Q23
Upload your resume.

Respondent skipped this question

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?

Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Darlin Ruiz
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 1/Southern / Distrito 1/Sur
Q3
How long have you lived in San Rafael?
22 years
Q4
Business Information
Company Ruiz Cleaning
Address
City/Town San Rafael
ZIP/Postal Code 94901
#91

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, October 08, 2024 5:21:04 PM
Last Modified: Tuesday, October 08, 2024 5:43:45 PM
Time Spent: 00:22:41
IP Address: 67.180.77.247

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
City Council Agenda
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Pickleweed Advisory Committee
Q18
Do you participate in any civic activities? If so, what are they? Yes I’m participating in the PAAC Committee, and I love to be part of discussions and decisions.

Q19
List any civic organizations of which you are a member:

PAAC
Q20
Education:

Middle school
Q21
Why are you interested in serving on a board or commission? I’m part of the board, but I can vote
Q22
Describe possible areas in which you may have a conflict of interest with the City:

I don’t have a conflict and always I love to be volunteer for my community.

Q23
Upload your resume.

Respondent skipped this question

Boards, Commissions & Committees Application
3 / 3
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Floridalma Rodas Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94901
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 1/Southern / Distrito 1/Sur,
In the Canal
Other (please specify)Otros (especifique):

Q3
How long have you lived in San Rafael?
22 Q4
Business Information
Respondent skipped this question
Q5
How did you hear about this vacant position?
Other (please specify):

Canal Alliance (Voces de Canal)
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Park and Recreation Commission,
Pickleweed Advisory Committee
#106

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, March 06, 2024 12:02:46 PM
Last Modified: Wednesday, March 06, 2024 12:17:00 PM
Time Spent: 00:14:13
IP Address: 24.130.216.210

Boards, Commissions & Committees Application
2 / 3
Q18
Do you participate in any civic activities? If so, what are they? Yo participo en Canal Alliance en las actividades cívicas que tienen.

Q19
List any civic organizations of which you are a member:

Academia de liderazgo
Q20
Education:

Preparatoria
Q21
Why are you interested in serving on a board or commission? Quiero estar involucrada en las diferentes necesidades de mi comunidad.

Q22
Describe possible areas in which you may have a conflict of interest with the City:

N/A
Q23
Upload your resume.

Respondent skipped this question
Q24
Ethnicity / Raza/etnia:

Boards, Commissions & Committees Application
3 / 3
Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Boards, Commissions & Committees Application
1 / 3
Q1
Contact Information / Información del contacto
First and Last Name / Nombre y Apellido Sergio Campos
Address / Dirección
City / Ciudad San Rafael
State / estado CA
ZIP/Postal Code / Código postal 94903
Email Address / Dirección de correo electrónico
Phone Number / Número de teléfono
Q2
What district do you currently live in?¿En qué distrito vive actualmente?
District 4/Northern / Distrito 4/Norte
Q3
How long have you lived in San Rafael?
1 week
Q4
Business Information
Company Employer: Relevant Wealth
Address
City/Town Mill Valley
ZIP/Postal Code 94941
#67

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Tuesday, June 11, 2024 9:24:56 AM
Last Modified: Tuesday, June 11, 2024 9:46:33 AM
Time Spent: 00:21:36
IP Address: 96.68.163.193

Boards, Commissions & Committees Application
2 / 3
Q5
How did you hear about this vacant position?
Other (please specify):

City of San Rafael site
Q6
What Board would you like to apply to?¿A cuál te gustaría aplicar?
Pickleweed Advisory Committee
Q18
Do you participate in any civic activities? If so, what are they? I have served on the Cal Trans District 10 bicycle pedestrian advisory committee for 2 years https://dot.ca.gov/caltrans-nearme/district-10/district-10-programs/district-10-bpac I have also served on my rental condo's HOA board in San Francisco for 1 year (term expires this month) I have volunteered many hours/days over the last few years at schools, salvation army, second harvest, my local library Q19
List any civic organizations of which you are a member:

Active member of the Cal Trans District 10 Bicycle Pedestrian Advisory Committee. You may contact the committee chair Charles to confirm [email protected]
I also serve on the 766 Harrison Street, San Francisco, CA HOA board (term expiring this month).

Q20
Education:

Bachelor's of Science Degree in Economics from San Jose State Certificate in Personal Financial Planning from UC Berkeley Extension Q21
Why are you interested in serving on a board or commission? I would like to contribute to improving the standard of living in minority underrepresented communities. The canal district reminds me of the westside neighborhood I grew up in Modesto, California. My mother was first generation US citizen, raised me and my two brothers on her own, we also lived off of financial assistance.

Boards, Commissions & Committees Application
3 / 3
Q22
Describe possible areas in which you may have a conflict of interest with the City:

To my knowledge, I have no conflicts of interest.

Q23
Upload your resume.

Respondent skipped this question
Q24
Ethnicity / Raza/etnia:

Q25
To which gender do you most identify?¿Con qué género se identifica más?
Q26
How old are you?¿Cuántos años tienes?
Minutes subject to approval at the 11/04/24 City Council Meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 21, 2024
SPECIAL MEETING AT 4:00 P.M.

REGULAR MEETING AT 6:00 P.M.

This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

SPECIAL MEETING AT 4:00 P.M.

San Rafael Third Floor Conference Room
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/sm-2024-10-21 Listen by phone: (669) 900-9128
ID: 864-1778-9735#
One Tap Mobile: +16699009128,,86417789735# US

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: None
Also Present: City Manager Cristine Alilovich
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 4:02 p.m. and invited public comment; however, there was none.

INTERVIEWS:

1. Interviews
a. Planning Commission Interviews
Interview Applicants and Make One Appointment to Fill One Unexpired Four-Year Term Through the End of October 2027 on the Planning Commission Due to the Resignation of Shingai Samudzi (CC)
The City Council interviewed the following applicants: Leslie Stone, Danielle O’Leary, Matthew Landry and Alexander Vollmer. Raoul McDuff and Gianna Scotto did not attend. 2 After discussion, Vice Mayor Eli Hill moved and Councilmember Llorens Gulati seconded to appoint Danielle O’Leary to the Planning Commission to the end of October 2027 and to recommend staff return with an action to appoint Leslie Stone as the Alternate Member at a future City Council meeting, if she is interested.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Mayor Kate adjourned to Closed Session at 4:49 p.m.

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:45 P.M.

2. Mayor Kate announced Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:45 P.M.

3. Closed Session:
a. Public Employee Performance Evaluation – City Manager (Government Code Section 54957(b)(1))

REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-10-21 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Councilmember Llorens Gulati
Mayor Kate

Absent: None
Also Present: City Manager Cristine Alilovich
City Attorney Rob Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:02 p.m. and invited City Clerk Lindsay Lara to call the roll and all members of the City Council were present.

City Attorney Robert Epstein announced that no reportable action was taken in either Closed Session held before the meeting and after the Special City Council meeting on October 7, 2024.

Mayor Kate provided opening remarks which included gratitude to City Staff, an announcement of the Team of the 2nd Quarter (Pickleweed Library Team), Election Day on November 5, 2024 and a land acknowledgment.
3 City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

4. City Manager and Councilmember Reports:

City Manager Cristine Alilovich reported on:
• The Homelessness Solutions Working Group and invited those interested to apply to join • County of Marin to fill two open spots to represent San Rafael on their Priority Setting Committee
• Northgate Mall Project Public Hearing to be held at the Planning Commission meeting on Tuesday, October 29 at 7 p.m.
• San Rafael’s Treat Walk event to be held at B Street Community Center on Friday, October 25th from 4-6 p.m.
• 36th Day of the Dead Celebration to be held at Al Boro Community Center on Saturday, November 2nd from 3-9 p.m.
• Grand Opening of Alex’s Playground and Discovery Garden to be held at Niven Park on Saturday, November 2nd from 10 a.m. to 2 p.m.

City Councilmember Reports:
• Vice Mayor Hill reported on the West End Neighborhood Association annual picnic, a monthly Marin County Council of Mayors and Councilmembers (MCCMC) meeting where he is presiding as president, an Economic Development Subcommittee meeting, an Evening of Remembrance to commemorate one year since the October 7th attack and the Canal Alliance Grand Opening/Ribbon Cutting.
• Councilmember Kertz reported on the Fire Department pinning ceremony, the Homeless Policy Steering Committee meeting and Subcommittee meeting for older adults, the Marin Community Clinic’s ribbon cutting, the Canal Alliance Grand Opening, a Marin Environmental Housing Collaborative (MEHC) community grouping meeting, the Marinwood Development open house, an AARP Livable Communities Workshop, a Marin Wildfire Prevention Authority board meeting and China Camp Heritage Day. • Councilmember Bushey reported on a San Rafael Sanitation board meeting, a Montecito Area Residents Association (MARA) meeting and Marin Transit. • Councilmember Llorens Gulati reported on a Pickleweed art project launch, a Bahia Vista Hispanic Fiesta, the downtown 4th Annual Hops and Vines Stroll, a Voces del Canal and Police Department meeting, a (MCCMC) meeting, a Task Force for Parking meeting involving a possibility for Canal permit parking, a Transportation Authority of Marin (TAM) meeting, Community Conversations in Canal with Supervisor Dennis Rodoni, a Bicycle and Pedestrian Advisory Committee (BPAC) meeting, the Community Choice Aggregation (CCA) Conference in Washington D.C. (through Marin Clean Energy), the Cal Cities Conference, a Nuestro Canal, Nuestro Futuro (Our Canal, Our Future) community event and the Dia De Los Muertos car parade.
• Mayor Kate reported on the Fire Department badge pinning and welcoming Fire Chief Abraham Roman, a Homelessness webinar, a meeting with San Rafael High School AP government class students, Sonoma Marin Area Rail Transit (SMART), Transportation Authority of Marin (TAM) and SF Bay Conservation & Development (BCDC).

Mayor Kate invited public comment; however, there was none. 4 CONSENT CALENDAR:

Mayor Kate invited public comment; however, there was none.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar. Councilmember Bushey and Councilmember Llorens Gulati abstained from Agenda Item

5.a due to their absence from that meeting.

5. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Special City Council Meeting of October 7, 2024 (CC) Approved minutes as submitted
AYES: Councilmembers: Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Bushey & Llorens Gulati
b. Legal Services Agreement
Professional Services Agreement with Burke, Williams & Sorensen, LLP for General Municipal Legal Services, in an Amount Not to Exceed $420,000 (CA) Authorized the City Manager to negotiate and enter into a professional services agreement with Burke, Williams & Sorensen, LLP for general municipal legal services, in an amount not to exceed $420,000
c. On-Call Building Plan Review and Inspection Consulting Services Agreement Professional Services agreement with 4LEAF, Inc. for On-Call Building Plan Review and Inspection Consulting Services in an Amount Not to Exceed $100,000 (CED) Authorized the City Manager to enter into a Professional Services Agreement with 4LEAF, Inc., for on-call building plan review and inspection consulting services in an amount not to exceed $100,000
d. On-Call Building Plan Review and Inspection Consulting Services Agreement Professional Services Agreement with Coastland Engineering, LLP for On-Call Building Plan Review and Inspection Consulting Services in an Amount Not to Exceed $200,000 (CED)
Authorized the City Manager to enter into a Professional Services Agreement with Coastland Engineering, LLP, for on-call building plan review and inspection consulting services in an amount not to exceed $200,000
e. On-Call Building Plan Review and Inspection Consulting Services Agreement Professional Services Agreement with Interwest Consulting Group for On-call Building Plan Review and Inspection Consulting Services in an Amount Not to Exceed $150,000 (CED)
Authorized the City Manager to enter into a Professional Services Agreement with Interwest Consulting Group for on-call building plan review and inspection consulting services in an amount not to exceed $150,000
f. California State Preschool Program Continued Funding Application and Renewal of Contract for Fiscal Year 2025-26
5 Resolution Authorizing the City of San Rafael to Apply for Continued Funding and Renewal of California State Preschool Program Contract with the California Department of Education (LR)
Resolution 15350 - Resolution Authorizing the City of San Rafael to Apply for Continued Funding and Renewal of California State Preschool Program Contract with the California Department of Education
g. Proclamations
Proclamations Supporting Disability Employment Awareness Month, National First Responders’ Day and Code Enforcement Officer Appreciation Week Received and Filed
h. San Quentin Pump Station Reconstruction
Authorize and Award Agreements for San Quentin Pump Station Reconstruction Project, Including (PW):
i. A Second Amendment to Professional Services Agreement with Alpha CM, Inc. for Additional Construction Management, Inspection, and Testing Services, In an Additional Amount of $167,247, Increasing the Total Not-To-Exceed Amount of the Agreement to $950,174.88
Authorized the City Manager to enter into a Second Amendment to Professional Services Agreement with Alpha CM, Inc. for additional construction management, inspection, and testing services, in an additional amount of $167,247, increasing the total not-to-exceed amount of the agreement to $950,174.88
ii. A Fourth Amendment to Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group for Additional Construction Support Services, In an Additional Amount of $24,273, Increasing the Total Not-To-Exceed Amount of the Agreement to $548,153
Authorized the City Manager to enter into a Fourth Amendment to Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group for additional construction support services, in an additional amount of $24,273, increasing the total not-to-exceed amount of the agreement to $548,153
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None

SPECIAL PRESENTATIONS

6. Special Presentations:

Mayor Kate invited public comment; however, there was none. a. Presentation from MarinMOCA Regarding Their Relocation to San Rafael and Upcoming Events
Executive Director of MarinMOCA Jodi Roberts gave a presentation.

PUBLIC HEARINGS

7. Public Hearings:
a. Request to Amend the City of San Rafael’s Downtown Precise Plan 6 Resolution Approving an Amendment to The Downtown Precise Plan to Remove All References that Designate 1030 Third Street as an Eligible Historic Resource (CED) Community & Economic Development Director Micah Hinkle presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment; however, there was none.

Vice Mayor Hill moved and Councilmember Kertz seconded to adopt the resolution approving an amendment to the Downtown Precise Plan to remove all references that designate 1030 Third Street as an Eligible Historic Resource.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15351 - Resolution Approving an Amendment to The Downtown Precise Plan to Remove All References that designate 1030 Third Street as an Eligible Historic Resource.

Schedule
b. Dominican Valley (REMOVED FROM AGENDA)
The Appeal of an Incompleteness Determination regarding a Development Application for Dominican Valley Housing Development including Conceptual Design Review, Environmental and Design Review, Tentative Subdivision Map Application and Density Bonus Application (APN 015-163-03) (CED)
***Removed from Agenda***

OTHER AGENDA ITEMS

8. Other Agenda Items:
a. Marin Transit Potential Land Use in the Canal Neighborhood Informational Report on Marin Transit Request for General Plan 2040 Conformance Determination and Potential Land Use in the Canal Neighborhood (CED) Community & Economic Development Director Micah Hinkle presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment
Speaker: Ross Bishop
Staff responded to questions raised during public comment.

Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Bushey seconded to accept the informational report on Marin Transit request for General Plan 2040 conformance determination and potential land use in the Canal neighborhood. 7 AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: Kertz
ABSENT: Councilmembers: None
Accepted report

OPEN TIME FOR PUBLIC EXPRESSION
• Name Withheld, Riviera Apartments Homeowners Association, regarding upcoming election and ballot issues
ADJOURNMENT:

Mayor Kate adjourned the meeting at 7:48 p.m.
__________________________
LINDSAY LARA, City Clerk

APPROVED THIS _____DAY OF____________, 2024

_____________________________________
KATE COLIN, Mayor
City of San Rafael
Proclamation in Recognition of

NATIONAL VETERANS & MILITARY FAMILIES MONTH
November 2024
WHEREAS, Veterans & Military Families Month was established in 1996 by the Armed Services YMCA, and each November, the President signs a proclamation declaring November National Veterans & Military Families Month; and
WHEREAS, National Veterans & Military Families Month honors not only our veterans but also the strength and support of their families who stand alongside them; and
WHEREAS, the City of San Rafael is proud to join the nation in honoring the service and sacrifice of the brave men and women who have worn the uniform of the United States Armed Forces; and
WHEREAS, the sacrifices made by veterans and their families deserve our deepest gratitude, for their unwavering dedication and commitment to defending the freedoms and values we hold dear; and
WHEREAS, military families provide a foundation of love, support, and resilience to those in service, often facing their own challenges of separation, relocation, and uncertainty; and
WHEREAS, We honor the stalwart courage and resolve of veteran families caring for their loved ones when their service in uniform concludes, and grieve alongside the families of the fallen; and
WHEREAS, the City of San Rafael is committed to supporting veterans and military families to ensure they have access to the resources and opportunities they need to thrive.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim November 2024, as National Veterans & Military Families Month, and encourages all community members to join in expressing appreciation to our veterans, service members, and their families for their selfless service and commitment to our country.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.c
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez, Human
Resources Director
City Manager Approval: ______________
TOPIC: FIRST RESPONDER COUNSELING PROFESSIONAL SERVICES AGREEMENT FOR FISCAL YEARS 2024-2028
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PUBLIC SAFETY FAMILY COUNSELING GROUP, INC., FROM FISCAL YEARS 2024-2028, IN THE AMOUNT NOT TO EXCEED $220,000.

RECOMMENDATION:

1. Authorize the City Manager to enter into a Professional Services Agreement with Public Safety Family Counseling Group, Inc. for first responder counseling services from fiscal years 2024-2028 in an amount not to exceed $220,000.

2. Authorize a budget appropriation from the Employee Benefits Fund (Fund 604).

BACKGROUND:

In 2022, the City entered into a Professional Services Agreement (PSA) with the Public Safety Family Counseling Group, Inc., to provide specialized professional wellness resources and to perform services for San Rafael Police and Fire Department first responders to aid in managing job-related stressors and to support them in successful performing their jobs.

On July 14, 2023, a First Amendment was made to the PSA, extending the agreement term by one additional year for an amount not to exceed $60,000 and increasing the total not to exceed under the agreement to $120,000.

On May 6, 2024, the City Council approved a Second Amendment to the PSA, extending the agreement term for an additional six months, terminating on June 30, 2024, for an amount not to exceed $30,000 and increasing the total not to exceed under the agreement to $150,000.

Based on a review of the services and positive employee feedback, the City has negotiated a new fouryear agreement from July 1, 2024, to June 30, 2028, for a not-to-exceed amount of $220,000. The City will continue evaluating the services provided, employee usage, and feedback when considering any future agreements.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The City desires to provide first responders with the emotional, mental, and wellness support they need to successfully conduct their demanding and often dangerous jobs. The specialized resources provided by Public Safety Family Counseling Group, Inc., are integral to fulfilling this need. Public Safety Family Counseling Group, Inc. is a local service provider with the requisite experience in public safety counseling and wellness. The services provided under this agreement complement the Employee Assistance Program (EAP) services available to all City of San Rafael employees.

The agreement offers a full range of services, including crisis response and stabilization services for groups and individuals; individual crisis intervention and counseling services; in-house training services for policy development and review; and a variety of additional relevant support for line, supervisory, and management first responders. The City’s first responders have utilized these specialized services on various occasions. Specific examples include comprehensive onboarding wellness training for new employees and their families, confidential counseling for first responders and their families, regular and ongoing training for new and existing peer support members, all line-level staff, supervisors, and command staff, and elevated crisis response and counseling to manage close calls and line-of-duty death situations.

FISCAL IMPACT:

Approval of the staff recommendation would authorize expenditures not-to-exceed $220,000 over the four-year term of the contract. Funding to support the annual costs of this agreement is provided in the approved fiscal year (FY) 2024-25 budget, within the Employee Benefits Fund (Fund 604). Appropriations covering costs beyond the current fiscal year will be incorporated within the baseline budget through the annual budget process.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to enter into a Professional Services Agreement with Public Safety Family Counseling Group, Inc. for first responder counseling services from fiscal years 2024-2028 in an amount not to exceed $220,000.

2. Do not authorize the City Manager to enter into the Professional Services Agreement and provide further direction to staff.

RECOMMENDED ACTION:

1. Authorize the City Manager to enter into a Professional Services Agreement with Public Safety Family Counseling Group, Inc. for first responder counseling services from fiscal years 2024-2028 in an amount not to exceed $220,000.

2. Authorize a budget appropriation from the Employee Benefits Fund (Fund 604).

ATTACHMENTS:

1. PSFCG Professional Services Agreement for Counseling Services 2024-2028

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.d
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez, Human Resources
Director
City Manager Approval: ______________
TOPIC: EMPLOYEE RELATIONS LEGAL SERVICES PROFESSIONAL SERVICES AGREEMENT FISCAL YEARS 2024-2026
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES

AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR EMPLOYEE RELATIONS LEGAL SERVICES, IN AN AMOUNT NOT TO EXCEED $150,000, FOR FISCAL YEARS 2024-2026.

RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP, for employee relations legal services, in an amount not to exceed $150,000, for fiscal years 2024-2026.

BACKGROUND:

This agreement is to engage in employee relations legal services from attorneys with the law firm Burke, Williams & Sorensen, LLP, covering fiscal years 2024-2025 and 2025-2026. The agreement is provided in Attachment 1 to this report.

The City of San Rafael understands the critical function of employee relations in the effective functioning of the City and wants to maintain legal and best practices when faced with various challenges and issues related to workforce management, employee relations, and compliance with employment laws. Engaging with a law firm specializing in employee relations will provide valuable support in navigating these complexities. The Human Resources Department wants to ensure that there is a proactive investment in the City’s workforce by leveraging legal expertise to maintain fair, compliant, and productive work environments, benefitting both the workforce and the community served.

ANALYSIS:

Staff recommends that the City continue partnering with the legal firm Burke, Williams & Sorensen, LLP, for employee relation legal services.

This agreement provides a full range of services, consultation services, policy review and development, trainings and workshops, investigation support, compliance audit, dispute resolution, regulatory updates, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
litigation support, and support and advisory for a myriad of issues or concerns that may arise and need legal review or input.

FISCAL IMPACT:

The cost for services under this agreement will not exceed $150,000 over the term of the contract.

Funding to cover current-year costs is available in the fiscal year (FY) 2024-25 Human Resources – General Fund budget for contractual services.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to enter into a professional services agreement with Burke, Williams & Sorensen, LLP for employee relations legal services, in an amount not to exceed $150,000, for fiscal years 2024-2026.

2. Do not authorize the City Manager to enter into the Professional Services Agreement and provide further direction to staff.

RECOMMENDED ACTION:

Authorize the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for employee relations legal services, in the amount not to exceed $150,000, for fiscal years 2024-2026.

ATTACHMENTS:

1. BWS Employee Relations Professional Services Agreement 2024-2026

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.e
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Marissa Sanchez, Human Resources
Director
City Manager Approval: ______________
TOPIC: LABOR RELATIONS LEGAL SERVICES PROFESSIONAL SERVICES AGREEMENT FISCAL YEARS 2024-2026
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES

AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LABOR RELATIONS LEGAL SERVICES, IN AN AMOUNT NOT TO EXCEED $150,000, FOR FISCAL YEARS 2024-2026.

RECOMMENDATION:

Authorize the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for labor relations legal services, in an amount not to exceed $150,000, for fiscal years 2024-2026.

BACKGROUND:

This agreement is to engage in labor relations legal services from attorneys with the law firm Burke, Williams & Sorensen, LLP, covering fiscal years 2024-2025 and 2025-2026. The agreement is provided in Attachment 1 of this report.

The City of San Rafael successfully negotiated seven labor agreements, which took effect July 1, 2024.

After labor negotiations have concluded, throughout the year, there is a need for clarification of Memorandums of Understanding and Resolution language, analysis and guidance on labor relations issues that arise, and advice to the Human Resources Department on legal and best practices for labor relations legal matters.

The City has used experienced, independent professionals as legal advisors for many years and has contracted with Burke, Williams & Sorenson, LLP, for labor relations and negotiation services since December 2017. This model helps staff maintain cooperative relationships with bargaining unit representatives and avoids potential conflicts of interest that could arise if only internal staff were involved in negotiations and conversations throughout the year.

ANALYSIS:

Staff recommends that the City continue partnering with the legal firm Burke, Williams & Sorensen, LLP, for labor relations legal services.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
This agreement provides a full range of services, including meeting preparation, appropriate legal review of bargaining group contracts, counseling for City staff on labor relation issues, and coordination with the City’s resource team. In addition, services will include time for interaction with the City Council, necessary technical research, and legal services that may be required for issues outside of the actual labor negotiation process.

FISCAL IMPACT:

The cost for services under this agreement will not exceed $150,000 over the term of the contract.

Funding to cover current-year costs is available in the fiscal year (FY) 2024-25 Human Resources – General Fund budget for contractual services.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to enter into a professional services agreement with Burke, Williams & Sorensen, LLP for labor relations legal services, in an amount not to exceed $150,000, for fiscal years 2024-2026.

2. Do not authorize the City Manager to enter into the Professional Services Agreement and provide further direction to staff.

RECOMMENDED ACTION:

Authorize the City Manager to enter into a Professional Services Agreement with Burke, Williams & Sorensen, LLP for labor relations legal services in an amount not to exceed $150,000 for fiscal years 2024-2026.

ATTACHMENTS:

1. BWS Labor Relations Professional Services Agreement 2024-2026

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.f
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Abraham Roman, Fire Chief
Thomas Wong, Senior
Management Analyst
City Manager Approval: ______________
TOPIC: MEDI-CAL TRANSPORTATION INTERGOVERNMENTAL TRANSFER PROGRAM FOR CALENDAR YEAR 2025
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CERTIFICATION FORM FOR

THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN

INTERGOVERNMENTAL TRANSFER (IGT) WITH THE CALIFORNIA DEPARTMENT

OF HEALTH CARE SERVICES (DHCS) FOR REIMBURSEMENT OF PUBLIC

PROVIDER GROUND EMERGENCY MEDICAL TRANSPORTATION (PP-GEMT) SERVICES FOR THE SERVICE PERIOD OF JANUARY 1, 2025, THROUGH DECEMBER 31, 2025, AND TRANSFERS TO DHCS NOT TO EXCEED $700,000.

RECOMMENDATION:

Authorize the City Manager to execute a certification form for the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California Department of Health Care Services (DHCS) for reimbursement of Provider Ground Emergency Medical Transportation (PP-GEMT) services for the service period of January 1, 2025, through December 31, 2025, and make transfers not to exceed $700,000.

BACKGROUND:

In accordance with California Assembly Bill 1705 (Chapter 544, Statues of 2019), DHCS developed the PP-GEMT program to reimburse emergency medical transports by eligible emergency medical transportation providers for costs associated with serving individuals covered by Medi-Cal. This is the third year that the City has participated, with 2023 being the inaugural year of the program. This program starts on January 1, 2025. The PP-GEMT program assists the City in recovering costs associated with the provision of Emergency Medical Services (EMS) to individuals who are covered by Medi-Cal.

ANALYSIS:

Participation in the PP-GEMT program is mandatory for public provider agencies like the City. The program provides an important opportunity for the City to collect additional ambulance transport fees that would otherwise be unavailable. This mandatory participation requires the City to collect and receive these additional ambulance transport fees for each Medi-Cal transport the City provides.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
While the PP-GEMT program is mandatory, cities, counties, and other public providers in the State may optionally transfer funds to the State to support the program. This optional transfer is highly encouraged as it allows the PP-GEMT program to secure Federal matching funds that are the basis for providing higher reimbursement rates for each Medi-Cal patient transported. The State would not have adequate funds to receive the full Federal match without enough transfers from public providers. This would lead to the elimination of the existing program. While the transfer is optional, staff recommends the City provide it to ensure ongoing revenues associated with PP-GEMT continue.

FISCAL IMPACT:

Yearly costs and benefits from the program to the City depend on the number of Medi-Cal transports the City provides in a calendar year and the number of contributing agencies. Using 2024’s Medi-Cal transport data, the City’s 2025 IGT transfer to the State is estimated to be $636,000, which includes a 10% administrative fee. The City estimates that the revenues from the PP-GEMT program will total $1,363,922 in increased Medi-Cal payments for each Medi-Cal transport that the City provides. This will result in an estimated net new funds of $728,000. The total proposed funds to be transferred to the State will be allocated from the Department’s Paramedic Tax Service Fund (210) and disbursed in four tranches per the PP-GEMT program’s requirements. The Paramedic Tax Service Fund is used for emergency medical services, including ambulances and paramedics at San Rafael Fire Stations.

Time Period Funding
Source
Estimated
Transfer Amount
to DHCS
Estimated Funds
Returned to City
Estimated Net
New Funds
Calendar Year
2025 Fund 210 $636,000 $ 1,364,000 $728,000
Staff recommends that the City Council authorize total transfers not to exceed $700,000, which would account for a 10% contingency. This contingency would cover cost increases if fewer agencies participate or the Fire Department transports additional Medi-Cal patients, which would result in higher transfers than expected.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to execute the Certification Form.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

Authorize the City Manager to execute a certification form for the San Rafael Fire Department to participate in a Medi-Cal Intergovernmental Transfer (IGT) program with the California Department of Health Care Services (DHCS) for reimbursement of Provider Ground Emergency Medical Transportation (PP-GEMT) services for the service period of January 1, 2025, through December 31, 2025, and make transfers not to exceed $700,000.

ATTACHMENTS:

1. Calendar Year 2025 Draft PP-GEMT Certification Form

DEPARTMENT OF HEALTH CARE SERVICES

PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR

GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2025
I, the undersigned, hereby declare and certify on behalf of ______________________ (the “Public Entity”) as follows:

1. As a public administrator, a public officer, or other public individual, I am duly authorized to make this certification.

2. The Public Entity elects to make this intergovernmental transfer (IGT) to the Department of Health Care Service (DHCS) as a voluntary contribution to the non-federal share (NFS) of Medi-Cal expenditures for purposes of Assembly Bill 1705 (2019) pursuant to Sections 14105.94, 14105.945, 14129, 14129.3, and 14164 of the Welfare and Institutions (W&I) Code. All funds transferred pursuant to this certification qualify for federal financial participation (FFP) pursuant to Section 1903(w) of the Social Security Act and Title 42 of the Code of Federal Regulations, Section 433 Subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as the NFS, impermissible health care-related taxes, or non-bona fide providerrelated donations.

3. Voluntary contributions attributable to the period of January 1, 2025, through December 31, 2025, will be made via recurring transfers as indicated on the invoices provided to the Public Entity by DHCS. The voluntary contributions made by the Public Entity may also include fee-for-service (FFS) adjustments related to the calendar year (CY) 2023 and managed care (MC) adjustments related to the CY 2024 rating period’s NFS reconciliation as described in paragraph seven below. Please note, the total IGT amount at the bottom of this IGT certification will continue to be itemized on your invoice which is sent to you along with this IGT certification form 45-days in advance of the IGT contribution due date. The Public Entity acknowledges that any transfers made pursuant to this certification during this time period are considered an elective IGT made pursuant to W&I Code sections 14105.945 and 14164, to be used by DHCS, subject to paragraph four herein, exclusively as the source for the NFS of ground emergency medical transport public provider supplemental payments in both Medi-Cal FFS payments and the portion of the risk-based capitation rate to MediCal managed care health plans associated with reimbursement made in accordance with Section 14105.945, subdivision (h)(1) (hereafter, the AB 1705 Public Provider Ground Emergency Medical Transportation (PP-GEMT) Program, and DHCS costs associated with administering the PP-GEMT Program.

4. DHCS may accept this voluntary contribution to the extent it is able to obtain FFP for the PP-GEMT Program as permitted by federal law. In the event DHCS is unable to obtain FFP for the PP-GEMT Program, or the full payments cannot otherwise be made to and retained by eligible public providers, and, therefore, all

DEPARTMENT OF HEALTH CARE SERVICES

PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR

GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2025
or a portion of the transferred amount cannot be used as the NFS of payments, DHCS will notify the Public Entity via e-mail and return the applicable portion of the unused IGT amount.

5. The Public Entity acknowledges that, in accordance with W&I Code section 14105.945, subdivision (h)(2), DHCS shall assess a ten percent (10%) fee on each transfer of public funds to the state to pay for health care coverage and to reimburse DHCS its costs associated with administering the PP-GEMT Program.

6. The Public Entity acknowledges that the IGT is to be used by DHCS for the filing of a claim with the federal government for federal funds and understands that any misrepresentation regarding the IGT may violate federal and state law.

7. The amount voluntarily transferred to DHCS is based on the estimated Medi-Cal FFS and Medi-Cal MC NFS of ground emergency medical transport payments, as referenced in paragraph three herein. The amounts to be voluntarily transferred to DHCS will be based on an estimate, the Public Entity acknowledges that a reconciliation of the voluntary NFS contributions to the actual NFS expenditures will occur. To the degree necessary to fund the NFS for the PP-GEMT Program, amounts due to or owed by the Public Entity as a result of the reconciliation may be offset against, or added to, future transfers as applicable and as determined by DHCS. DHCS may accept a voluntary contribution to the extent it is able to obtain FFP for PP-GEMT payments as permitted by federal law.

8. The Public Entity acknowledges that all records of funds transferred are subject to review and audit upon DHCS’ request. The Public Entity will maintain documentation supporting the allowable funding source of the IGTs.

9. Upon notice from the federal government of a disallowance or deferral related to this IGT, the Public Entity responsible for this IGT shall be the entity responsible for the federal portion of that expenditure.

I hereby declare under penalty of perjury under the law of the United States that the foregoing is true and correct to the best of my knowledge. I further understand that the known filing of a false or fraudulent claim, or making false statements in support of a claim, may violate the Federal False Claims Act or other applicable statute and federal law and may be punishable thereunder.

DEPARTMENT OF HEALTH CARE SERVICES

PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM FOR

GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES
CERTIFICATION FORM FOR STATE CALENDAR YEAR 2025
Executed on this ______ day of _________, 20XX at __________________, California.

Signature of Authorized Person: __________________________________________ Name of Authorized Person: _____________________________________________ Title of Authorized Person: ______________________________________________ Name of Public Entity: _______________________________________________ NPI of Public Entity: _______________________________________________ Amount of IGT: $X.XX
# # #
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.g
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Abraham Roman, Fire Chief
Thomas Wong, Senior
Management Analyst
City Manager Approval: ______________
TOPIC: EMERGENCY MEDICAL SERVICES (EMS) BILLING AND COLLECTION SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES

AGREEMENT WITH WITTMAN ENTERPRISES, LLC (WITTMAN) FOR EMERGENCY

MEDICAL SERVICES (EMS) BILLING AND COLLECTION SERVICES IN AN AMOUNT NOT TO EXCEED $825,000 FOR FIVE YEARS WITH AN OPTION FOR AN ADDITIONAL 5-YEAR EXTENSION.

RECOMMENDATION:

Authorize the City Manager to negotiate a Professional Services Agreement (PSA) with Wittman Enterprises, LLC (Wittman) for Emergency Medical Services (EMS) billing and collection services in an amount not to exceed $825,000 for five years with an option for an additional 5-year extension.

BACKGROUND:

The San Rafael Fire Department (SRFD) provides Emergency Medical Services (EMS) to San Rafael, Marinwood Community Services District, County Service Area (CSA) 13, and County Service Area 19.

SRFD staffs two full-time ambulances with two paramedics each to respond to EMS incidents. SRFD responds to approximately 10,300 calls for service a year. Of these, approximately 7,100 calls were EMS incidents, and approximately 5,100 required a patient to be transported.

Residential and commercial properties within the City of San Rafael pay for most of the costs of responding to EMS incidents via a paramedic service tax. This tax, which was first adopted in 1979, is currently set at a rate of $108 per year for each living unit and $0.14 per square foot of non-residential space. Marinwood, CSA-13, and CSA-19 property owners also pay the paramedic service tax.

Additionally, San Rafael’s Master Fee Schedule includes an Ambulance Billing Fee, which is assessed by a patient’s medical insurance provider as reimbursement for medical and transport services provided by the Fire Department. The Emergency Ambulance Response Reimbursement is a collection of six different fees: Advanced Life Support (ALS) Bundled Base Rate, Basic Life Support (BLS) Bundled Base Rate, First Responder Charge, Oxygen, Mileage/mile, and Treat/Non-Transport. San Rafael, Marinwood, CSA-13, and CSA-19 residents do not pay the Ambulance Billing Fee directly; however, non-residents may be assessed a portion of the fee if they do not have an insurance provider or if the provider does not pay the amount requested.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Since 2017, the City has utilized Wittman Enterprises, LLC, to provide billing and collection services.

On behalf of the City, Wittman collected $3,876,561 in EMS billing revenue in (FY) 2023-24.

ANALYSIS:

EMS billing and collections are time-consuming and complex, requiring compliance with laws and regulations regarding healthcare delivery, insurance, and privacy. It encompasses a variety of tasks, from gathering a patient’s insurance information to working with Medical and Medicare to collecting revenue. Customer service is also important, as patients often have questions about their bills.

Importantly, Wittman employs a team of specialists who can provide over-the-phone customer service in languages including English, Spanish, Cantonese, and Vietnamese. If a patient speaks a language that is not offered, they utilize a language line service to ensure they can provide equal service to all.

EMS billing requires strict adherence to state and federal laws, including compliance with the Health Insurance Portability and Accountability Act (HIPAA). Wittman employs certified Ambulance Coders and Documentation Specialists as well as Compliance, Financial, and Privacy officers.

Since transitioning to Wittman in 2017, the City has received excellent service from Wittman. Prior to contracting with Wittman, the City billed and collected payments in-house. The transition to Wittman has resulted in significant cost savings over the past seven years from the reduced staffing needs.

Wittman currently serves nearly 100 California public EMS clients and has an excellent reputation among municipalities for optimizing revenue collection. They process over 880,000 incidents a year and collect nearly $500,000,000 on behalf of their clients.

Wittman has not raised its rate of $19.50 per EMS Incident since 2017. This new contract proposes a rate of $22 per incident for year one, rising $1 per year each year after, with a price of $26 per incident in year 5. This represents a 12.8% increase over the seven (7) years since the 2017 contract - substantially lower than the 28% inflation rate over that same period.

Table 1. Proposed rate per incident
Contract Year Rate per Incident
2017 to Current $19.50
Year 1 $22.00
Year 2 $23.00
Year 3 $24.00
Year 4 $25.00
Year 5 $26.00
The contract allows the City to terminate it with 90 days’ notice, which affords the City flexibility in the event circumstances change or the service provided does not meet the City’s standards.

FISCAL IMPACT:

Staff projects that fees paid to Wittman would range from $145,000 for year one to $172,000 in year five, depending upon the actual volume of billable services. This would be an increase of about $16,500 over the current rate for year one and an additional $6,600 increase for each year thereafter.

Funding for this service is already provided in the Paramedic Tax Fund (Fund 210), and funds are currently appropriated in the FY 2024-25 budget for the increased amount this FY. Appropriations beyond FY 2024-25 will be included in the regular budgeting process for each subsequent fiscal year.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to enter into the agreement as recommended.

2. Do not authorize the City Manager to enter into the agreement as recommended and provide further direction to staff.

RECOMMENDED ACTION:

Authorize the City Manager to negotiate a Professional Services Agreement (PSA) with Wittman Enterprises, LLC (Wittman) for Emergency Medical Services (EMS) billing and collection services in an amount not to exceed $825,000 for five years with an option for an additional 5-year extension.

ATTACHMENTS:

1. Wittman Proposal – October 1, 2024
Setting the Standard for MS Billin
West Metro Fire Protection District: RFP No. 2023-001 | Ambulance Billing Services October 1, 2024
City of San Rafael
RFI Response/Proposal
Wittman Enterprises, LLC
11093 Sun Center Drive
Rancho Cordova, California 95670
www.webillems.com
RFP Contact: Russ Harms
Executive Director Of Business
Development
(916) 669-4628 Direct Line
[email protected]
Setting the Standard for EMS Billing
City of San Rafael: EMS Billing and Collection Services | 1 wittmanenterprises EMS I MC

TABLE OF CONTENTS
About Wittman Enterprises
Message from our CEO .......................................................................................... 2 Statement of Qualifications ................................................................................... 3 California Strong ..................................................................................................... 3 California EMS/Fire Partners (Proprietary and Confidential) ............................... 3 Project Approach
EMS Partner Satisfaction ....................................................................................... 4 Workload Accomplishment ................................................................................... 4 Regulation and Compliance ................................................................................... 4 Multilingual Staff .................................................................................................... 5 Billing to Payment Cycle ........................................................................................ 6 Electronic Access to Records
Complete Portal System ........................................................................................ 7 Cost Proposal
Superior Performance ............................................................................................ 8 EMS Billing Program Renewal: Proposed Fees .................................................... 8 City of San Rafael: EMS Billing and Collection Services | 2 wittmanenterprises EMS I MC
About Wittman Enterprises
Message from our CEO
June 27, 2024
Thank you for the opportunity to provide our response to your Request for Information and Proposal for the City of San Rafael's EMS Billing program. Since 1991 Wittman Enterprises, LLC has provided our clients complete fire and ambulance billing services in compliance with current local, state, and federal laws and statutes. We serve more than 140 EMS/Fire clients (130 of those in California) and are the largest California-based billing company with the client base, patient database, and experience with California fire departments (and multiple California government and insurance payers) for the most effective EMS billing and cost recovery programs possible.

As an extension of your EMS program since 2017, Wittman Enterprises has maintained a strong customer service accountability platform, providing your team real access to all management staff starting with myself. Specialized staff are already assigned to your team so that the Department and City have direct access to the person(s) on our team who can most help with whatever situation may arise. Our Client Liaison team is always available to help provide/identify key resources you may use to get the results you need. We use every resource necessary to provide the best in customer service and collect the most for our clients. Our ultimate focus is on, and has always been based on, the best business and client services, billing results (accurate and legal billing and the highest cost recovery), and transparency (Client Portal, Reporting, Month-EndReporting, KPls, etc.).

I look forward to continuing our services for the City of San Rafael and nurturing that longstanding partnership. Thank you for the chance to re-introduce our qualifications and commitment to your department and your city.

My best,
Corinne Wittman-Wong, CEO
Wittman Enterprises, LLC (established 1991)
11093 Sun Center Drive, Rancho Cordova, CA 95670
916.669.4608 direct I 855.611.0056 toll free I cwittmanwong @webillems.com City of San Rafael: EMS Billing and Collection Services | 3 wittmanenterprises EMS I MC
Statement of Qualifications
Wittman Enterprises has customized service innovations for our partners in the EMS and Fire industry since 1991. Our superior staff specializes in EMS billing and continually audits our work to ensure the highest quality of billing services. We have extensive experience in the invoicing, categorizing, recording, monitoring, supervising, and managing of ambulance billing and EMS cost recovery systems and services. Wittman bills approximately 880,000 claims annually and collect more than $485,000,000 each year for our clients.

California Strong
We do not believe that any California-based biller will provide as much in actual reimbursement or complete customer service as Wittman Enterprises has historically demonstrated. We have a proven record of collecting 10-20% more than our competitors.

Out-of-state billing companies will not be able to arrive at these reimbursements either, due to their lack of billing and collection experience in California and inexperience with the multitude of California payers.

California EMS/Fire Partners (Proprietary and Confidential) Wittman Enterprises conducts all of our work and coordinates all of our services from our single location in the Sacramento, CA area. All production and patient services activities are conducted at 11093 Sun Center Drive in Rancho Cordova, California.

City of San Rafael: EMS Billing and Collection Services | 4 wittmanenterprises EMS I MC
Project Approach
EMS Partner Satisfaction
The City of San Rafael will continue to count on Wittman Enterprises to conduct diligent, regular, and uninterrupted billing and collection services in a professional, businesslike manner. Our personal approach and higher levels of service greatly exceed industry standards. Yours and your patients' expectations and overall satisfaction are attained through ongoing and regular training, continuous improvement, and our comprehensive auditing program. We maintain the industry-leading lowest claims-per-staff ratio (generally 30% lower than our competitors) based on upholding the standard of practice our clients expect. Our thorough and ongoing training program allows us to continue to improve the business activities that we conduct for our clients and ensure that each of them receive the maximum legal reimbursement possible. We do not strive to be the largest EMS billing company but expect to be the best.

Workload Accomplishment
Our EMS billing and collection success is tied directly to the ratio of PCRs to the number of quality people assigned to your project. We believe that our people are the key to our success. Wittman innovates by fully embracing automated and technological advances while wholly recognizing that our quality service is reliant upon our talented people providing you the best level of service. As a result of our lowest claims-per-employeeratio, we generally collect 10-20% more than our competitors for our clients . . 110
r.r. G. 2. 2.
10-20% - Higher Collection
- Rates Than Our
Competitors *****
------------
LOWEST

CLAIMS-PER-EMPLOYEE RATIO
Regulation and Compliance
Now that Wittman Enterprises is part of EMSIMC, we have an even more robust consulting division, PWW Advisory Group (PWWIAG), which assesses and drives transformational change and adopts best practices to better serve patients and their communities. Our entire team brings a deep understanding of the industry and its complexities because we've been in it for decades. With our insight and the expertise of City of San Rafael: EMS Billing and Collection Services | 5 




wittmanenterprises EMS I MC
our advisory and compliance group, we help you navigate compliance and operational challenges.

Through PWWIAG, our clients gain access to industry-leading, National Academy of Ambulance Compliance (NAAC), accredited education and training on topics affecting the EMS and mobile healthcare industry. All Wittman Enterprises EMSIMC billing and coding staff are NAAC-certified professionals and maintain their competency through annual continuing education requirements. NAAC provides and accredits a wide range of continuing education programs throughout the year, both in classroom and online offerings. Wittman and the entire EMSIMC group comply with all applicable federal, state, and local laws/regulations as they apply to the services being provided: including maintaining confidentiality for all medical and patient information in accordance with HIPAA rules.

Certified Ambulance Coder (CAC)
Certified Ambulance Documentation Specialist (CADS)
Certified Ambulance Compliance Officer (CACO)
Certified Ambulance Financial Officer (CAFO)
Certified Ambulance Privacy Officer (CAPO)
Multilingual Staff
Wittman Enterprises employs several Spanish, Chinese, and Vietnamese-speaking customer service representatives in management and non-management positions. Such valuable resources provide your patients with the highest quality of service possible. On rare occasions, if a patient speaks a language we are not staffed to service, we utilize Language Line Services to assist those customers effectively.

City of San Rafael: EMS Billing and Collection Services | 6 wittmanenterprises EMS I MC
Billing to Payment Cycle
Cash '
Receipts ,,,,, , _. -
~/~ • ~ Payments Posted I
I
I
(WITHIN 24 HOURS)
I
I
I
~
Electronics
Claims
Department
Import and Claim
Entry (DAILY)
I
I
Insurance and Private
Pay Follow-Up
IIHlllJIRV CMPUAIICE
~
Claim Review, Coding
and QA/ QC (1-3 DAYS)
I
\
\
·• ----.- Customer ',
Service ,
Department ',
' '
~--.. ....

Electronic Claim Submission
To All Payors (DAILY)
--
0 Transmission
Department
... .....
---
Billing
Department
City of San Rafael: EMS Billing and Collection Services | 7 wittmanenterprises EMS I MC
Electronic Access to Records
Complete Portal Solutions
Wittman offers secured internet access to our billing system via our Complete Portal System, 24 hours a day. The system includes:

Client Portal/Electronic Dashboard
■ No additional software is required for the City and Fire Department to access Portal/Dashboard information through our secured server. ■ A password protected, secure login is required to access. ■ Information is in real time, allowing authorized City and Fire personnel to view each cla im wherever it is in the billing and collection process.

Patient Portal
■ Provides patients with Patient Portal Access.

Each invoice, statement, and letter to patients provide a website link for them to access, login, provide insurance information, leave an email and/ or simply inquire about their bill.

Credit Card Payment Portal
■ We provide credit card payment options for your patients who wish to process their bills this way.
■ Patients are informed through our correspondences and our customer service staff how to make credit card payments {if accepted by client). ■ We can provide seamless links to virtual merchant terminals that can be followed from our Portal and from client websites, allowing patients to pay their invoices in one location, using approved credit cards.
■ Like all of our services, this is customizable to fit the needs of your City and your program.

Collections Portal
■ This Portal provides the most commonly requested items from third-party collection agencies, based on client approval.
■ It provides: reviewing accounts electronically, printing invoices, printing patient care reports, and printing 1500 billing forms.

City of San Rafael: EMS Billing and Collection Services | 8 wittmanenterprises EMS I MC
Cost Proposal
Superior Performance
We are committed to competitive fees for our clients; however, we are not typically the "cheapest". We have chosen as part of our business model to charge a fair market rate that will still allow us to maintain a superior level of service with a staffing level that provides both exceptional collection results and unmatched customer service. Reducing fees to "beat" the competition would mean that we cannot provide the level of customer service and performance on which our company is built.

EMS Billing Program Renewal: Proposed Fees
Wittman Enterprises, LLC is pleased to offer the City of San Rafael all billing, collections, financial reporting, and accounts receivable management described in our previous contract and in this RFI Response/Proposal based on the following schedule. A minimal increase to our charged fees may be applied if any insurance reimbursement rate is reduced at any time during our contract term. Both pricing options assume one (1) 5-year contract term plus (1) optional 5-year contract extension.

Price per processed incident
Contract Year 1 $22
Contract Year 2 $23
Contract Year 3 $24
Contract Year 4 $25
Contract Year 5 $26
Note: Wittman Enterprises, LLC provides complementary annual revenue enhancement training for EMS and financial staff as requested. This includes (4) hours of teleconference, webinar, or ZOOM-facilitated training for San Rafael general staff, and (6) hours for EMS/EMS Management. Additional and/or onsite training as requested by the City of San Rafael will be at the contracted rate of $125 per hour (personnel rate) plus associated travel expenses.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 5.h
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Police Lieutenant City Manager Approval: ______________ TOPIC: OFFICE OF TRAFFIC SAFETY GRANT ACCEPTANCE
SUBJECT: RESOLUTION APPROVING THE ACCEPTANCE AND APPROPRIATION OF STATE

OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $92,000 FOR THE “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM” (“STEP”) GRANT FROM OCTOBER 1, 2024, THROUGH SEPTEMBER 30, 2025, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT.

RECOMMENDATION:

Adopt the resolution approving the acceptance and appropriation of State of California Office of Traffic Safety grant funds in the amount of $92,000 for the “Selective Traffic Enforcement Program” (STEP) grant covering the period from October 1, 2024, to September 30, 2025, and authorizing the City Manager to execute the grant agreement and any other documents related to the grant.

BACKGROUND:

Over the last twenty years, the Office of Traffic Safety (OTS) of the State of California has awarded over two million dollars in traffic safety grants to the City of San Rafael. These grants have included the Marin County “Avoid the Marin 13” Driving Under the Influence (DUI)/ Driver’s License (DL) campaign, “Click it or Ticket” grants, DUI mini-grants, DUI Enforcement and Awareness grants, and STEP grants. Each grant has provided critical traffic enforcement and education operations by funding the deployment of officers for DUI / DL checkpoints, DUI saturation patrols, red light and speed enforcement, seat belt enforcement, and distracted driving enforcement. Currently, the only available funding is through the STEP grant program.

In recent years, the San Rafael Police Department (SRPD) has staffed two full-time Traffic Enforcement Officers and one Traffic Sergeant. Due to staffing constraints, the two full-time traffic officers have been reassigned to patrol teams to ensure minimum staffing requirements. With recent increases in staffing levels, the San Rafael Police Department intends to re-staff the Traffic Unit before January 2025. Until then, the Traffic Sergeant will remain in the traffic unit and perform collateral administrative duties. During staffing constraints, the SRPD has encouraged patrol officers to conduct enforcement focused on reducing alcohol and speed-related collisions and increasing pedestrian and bicycle safety. The SRPD community outreach and social media teams regularly disseminate traffic safety information in a bilingual format.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The City of San Rafael has been awarded a $92,000 grant by the Office of Traffic Safety (OTS) to improve traffic safety in the community. The primary objective of this grant is to reduce fatalities and injuries caused by traffic collisions. Key areas of focus include collisions involving alcohol and drugs, as well as other primary causes of traffic incidents.

Should the City Council approve acceptance of this grant, the San Rafael Police Department (SRPD) will have the necessary funds to enhance its enforcement efforts by launching safety awareness campaigns, conducting targeted operations against impaired and distracted driving, conducting targeted operations against impaired and distracted driving, and implementing initiatives to improve pedestrian and cyclist safety. The SRPD will implement evidence-based strategies aimed at addressing these issues through education and enforcement. The grant also supports specialized training for officers to address these specific areas, and operations funded by the grant are scheduled to occur from October 1, 2024, to September 30, 2025.

FISCAL IMPACT:

The grant funding will be received into the Grant Fund – Safety (Fund #281) and will be appropriated for operational expenses such as overtime costs, travel, and training associated with the focused enforcement of traffic safety, up to the total grant proceeds of $92,000.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the resolution as presented.

2. Adopt the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt the resolution approving the acceptance and appropriation of State of California Office of Traffic Safety grant funds in the amount of $92,000 for the “Selective Traffic Enforcement Program” (STEP) grant covering the period from October 1, 2024, to September 30, 2025, and authorizing the City Manager to execute the grant agreement and any other documents related to the grant.

ATTACHMENTS:

1. Resolution

2. Year 2024/2025 California Office of Traffic Safety Selective Traffic Enforcement Program Grant.

RESOLUTION NO.

RESOLUTION APPROVING THE ACCEPTANCE AND APPROPRIATION OF STATE

OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $92,000.00 FOR THE “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM”

GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT

AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT
WHEREAS, the State of California, Office of Traffic Safety has tentatively approved a grant to the City of San Rafael in the amount of $92,000.00; and WHEREAS the grant funds may be spent to pay overtime costs, travel and equipment purchase associated with the Selective Traffic Enforcement Program (“STEP”) Grant Program to mitigate traffic safety program deficiencies and expand ongoing enforcement and education activity; and
WHEREAS, to improve traffic safety, the San Rafael Police Department will use the STEP Grant funds for education campaigns, DUI saturation patrols and enforcement, DUI repeat offender identification, distracted driving enforcement, traffic safety educational presentations, pedestrian/bicycle enforcement operations; and WHEREAS the Police Department will use the STEP Grant funds for overtime personnel costs of Captains, Lieutenants, Sergeants, Corporals, Officers, Community Service Officers, Dispatchers and Cadets incurred in connection with the enforcement activities, including training and travel and expenses related to enforcement activities; and NOW, THEREFORE BE IT RESOLVED, that the City Council approves the acceptance and appropriation of $92,000.00 in State of California Office of Traffic Safety Selective Traffic Enforcement Program funds to be appropriated in the Grant Fund #281; and authorizes the City Manager to execute a Grant Agreement and any documents related to the Grant in a form approved by the City Attorney.

I, Lindsay Lara, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 4th day of November 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk
9/27/2024 3:11:26 PM Page 1 of 22
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25063

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Rafael From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
San Rafael Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with the community members.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $92,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Scott Ingels
Sergeant
[email protected]
(415) 485-3034
1400 Fifth Avenue
San Rafael, CA 94901
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Cristine Alilovich
City Manager
[email protected]
(415) 485-3070
1400 Fifth Avenue
San Rafael, CA 94901
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Beth Minka
Police Business Office Administrator
[email protected]
(415) 485-3040
1375 Fifth Avenue
San Rafael, CA 94901
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
9/27/2024 3:11:26 PM Page 2 of 22

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $7,535.00 1906-25.1 20.611 0521-0890-101 2023 12/23 BA/23 $431.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $11,841.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $27,465.00 1906-25 20.611 0521-0890-101 2024 22/24 BA/24 $1,569.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $43,159.00

AGREEMENT
TOTAL $92,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$92,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $92,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

CRDWQSJB4AR1
1400 Fifth Ave, Room 2004
San Rafael
94901-1943
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
9/27/2024 3:11:26 PM Page 3 of 22
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25063

1. PROBLEM STATEMENT
The San Rafael Police Department serves the people that live and work in the City of San Rafael. San Rafael serves as the seat of Marin County and has a population of approximately 61,271 residents (US Census 2020). San Rafael also has ten of the top fifteen employers in Marin County.

Business and commerce bring people and traffic into San Rafael from other areas of the San Francisco Bay Area. The service population of San Rafael during the day swells to well over 100,000 people. The US-101 Freeway and Interstate 580 intersect in San Rafael, providing a substantial volume of traffic during morning and evening commute hours along with steady traffic flow during non-commute hours. As in other parts of the San Francisco Bay Area, the traditional commute hours start earlier and conclude well into the evening. Additionally, I-580 serves as an alternate route for commuters when State Route 37 is closed due to flooding or crashes and an alternate route for the San Francisco Bay Bridge when it faces similar circumstances. These frequent events significantly increase traffic volumes far beyond our surface streets' engineered capabilities.

Much of the traffic is concentrated in the downtown area, which is further congested by on-ramps and offramps connecting northbound and southbound US-101, plus eastbound/westbound I-580. The surrounding streets have an arterial effect, serving commuters from two neighboring cities and communities on the west side of Marin County. San Rafael's Downtown surface streets serve as arterial thoroughfares for the cities and communities of San Anselmo, Ross, Fairfax, and West Marin. San Rafael has served as a service hub and stopping point between the Wine Country to the north and San Francisco to the south for restaurants, gas stations, services, supplies, and other amenities.

San Rafael has additional arterial thoroughfares that have some of the highest traffic volumes in Marin County. These streets include Lincoln Avenue, which runs from the Terra Linda neighborhoods in northern San Rafael to downtown. Manuel T. Freitas Parkway and Las Gallinas Avenue that service the Terra Linda Neighborhoods and provide access to three major shopping centers/malls as well as provide routes to most residences in northern San Rafael. Francisco Boulevard East, Andersen Drive, and Bellam Boulevard all provide routes from Central San Rafael to the city's industrial, commercial, and additional high-density residential complexes. These three streets also provide alternate access in and around the US-101 and Interstate 580 Junction. Francisco Boulevard East is a primary route for pedestrians and bicycles that use the San Rafael Richmond Bridge and commute into Central San Rafael. It is also an alternative route for motorists when Interstate 580 is impacted by crashes or heavy traffic.

The San Rafael Transit Center, the largest transit center in the County and the North Bay Area, is in Downtown San Rafael. The San Rafael Transit Center is serviced by several transit authorities and transportation companies, such as Golden Gate Transit, Marin Transit, Sonoma County Transit, Sonoma Marin Area Rail Transit (SMART Train), Whistle Stop Wheels, Greyhound, Marin Airporter, Sonoma County Airport Express, various taxi services, rideshare, app-based ride services, and many others. Due to the significant volume of traffic through and around the transit has prompted local, county, state, and transportation authorities to look at expanding and moving the transit center within San Rafael's downtown to increase its service capability. While this project is in the early planning stages, it is not expected to resolve or reduce traffic congestion impacts necessarily. The transit center will remain in the busiest portion of downtown, somewhere along Heatherton Street, which parallels the US-101 freeway.

The downtown SMART train station, the San Rafael Transit Center, the US-101 ramps into downtown San Rafael, and the arterial streets of Second Street and Third Street that provide routes to neighboring cities and communities have caused significant congestion with vehicle, bicycle, and pedestrian traffic. Additionally, all these identified locations are within a block of each other. The proximity of these specific points has made the intersections that border them the busiest in the city. It has also been the area of a significant amount of injury pedestrian, bicycle, and vehicle crashes. 9/27/2024 3:11:26 PM Page 4 of 22
One of those is the intersection of Third Street and Hetherton Street. During the previous year, this intersection was redesigned to help facilitate vehicle, pedestrian, bicycle, and transit traffic. The intersection of Third Street and Heatherton Street had been identified as one of the more dangerous intersections of San Rafael. It had been the scene of numerous fatal and injury crashes over the years. Based on the studies of these hazardous conditions, San Rafael's Department of Public Works Traffic Engineering Division moved crosswalks, expanded high visibility traffic signaling, implemented an all-red program (allowing pedestrians to have initial access to crosswalks while vehicle traffic remained stopped), and additional signage. The police department and traffic engineers continue to work together on this intersection through task force safety improvement meetings, public education, and enforcement.

In addition, San Rafael High School and Davidson Middle School are located within 0.5 miles of the transit center. Most of the student population from both schools walk to the transit center to take public transit or walk through the downtown area.

Our traffic engineering team also identified the top busiest routes in San Rafael. The study showed that the #1 route continued to be the east-west running Second and Third Streets, which provide access between downtown and the neighboring cities of San Anselmo, Fairfax, and the smaller unincorporated communities in West Marin. Second and Third Streets had a daily average count of 42,000+ vehicles combined. It should be noted that Second Street and Third Street are three-lane one-way streets. The #2 route was Bellam Boulevard between Francisco Boulevard East and Andersen Drive (located in the southeast portion of the city), with a daily average vehicle count of 30,000 vehicles.

In November 2019, the Richmond-San Rafael Bridge bike/pedestrian path opened. We have experienced a significant increase in commuter bicycling that runs from San Rafael's west-end, through downtown, and onto the east-end where the San Rafael Richmond Bridge is located. This increase in bicycle traffic has created the opportunity to add dedicated bicycle lanes and re-route traditional bicycle routes to streets and thoroughfares currently under construction to accommodate the new volume of bicyclists. Additional infrastructure improvement projects are planned well into 2024. These improvements and changes will task the Traffic Engineering Division and the Police Department with new efforts aimed at public education, outreach, and high-visibility traffic enforcement.

The city's customer service satisfaction surveys continue to show the public's concern is traffic congestion and safety. Traffic safety concerns mostly revolve around speed, red-light running, vehicles violating the pedestrian right of way, DUI, and reckless driving. San Rafael's elected officials, leaders, and responsible departments work together, with limited resources, to address these issues collaboratively through community outreach and education, infrastructure improvement projects, and enforcement.

In addition to the concerns expressed in the satisfaction surveys, ongoing community traffic complaints have focused on speeding concerns in four consistently identified locations. Those locations have been identified as Point San Pedro Road in the city's east end, the Miracle Mile (eastbound Fourth and Second Streets) in the west end, Third Street and Mission Street at San Rafael High School, and Nova Albion Way at Terra Linda High School. These traffic complaint locations have also received the attention of our City Council and city leadership. City Council members and leaders have partnered with the police department to conduct community outreach through neighborhood organizations/homeowners' associations to generate community awareness that holds citizens and neighbors accountable to each other.

To further assist with outreach and enforcement, our Motor/Traffic Unit currently uses its three RADAR feedback trailers full-time between these top four complaint locations and other problematic sites. While this has been beneficial for the most highly complained about locations, it still is not the cure. The need for additional outreach and enforcement continues in these and many other problematic areas.

Crash data from 2021 through 2023 indicated that most of the city's crashes occur due to unsafe turns, excessive/unsafe speed, red-light violations, and driving under the influence. For 2023 specifically, we saw that the primary crash factor of driving under the influence remains in the top #3 position. This statistic further supports the need for additional partnerships, education, and enforcement.

The community and the police department has also struggled for several years to reduce fatal and injury crashes involving pedestrians and bicyclists. According to the 2021 OTS Crash Ranking Results, San 9/27/2024 3:11:26 PM Page 5 of 22
Rafael was ranked 45 of 105 for total fatal and injury crashes, 8 of 105 for crashes involving bicyclists, 8 of 105 for crashes involving pedestrians, and 12 of 105 for crashes involving pedestrians age 65+. A preliminary review of our local records indicate a modest increase across all types of crashes since the 2021.

The data reveals significant increases across various traffic safety metrics between 2021 and 2023, underscoring growing concerns that the police department is committed to addressing. Total crashes increased by 8.05% from 2021 to 2022 and by an additional 15.69% from 2022 to 2023. Notably, crashes with fatalities rose from zero in 2022 to five in 2023, while total fatalities increased from zero in 2022 to six in 2023. Injury crashes also saw a significant rise, with a 26.32% increase from 2021 to 2022 and an 11.46% increase from 2022 to 2023, highlighting the growing risks to our community. DUI-related incidents showed a concerning upward trend as well, with DUI crashes rising from 56 in 2021 to 79 in 2022 (a 41.07% increase) and further to 84 in 2023 (a 6.33% increase). Fatal DUI crashes remained stable at zero from 2021 to 2022 but increased to one in 2023. Injury DUI crashes saw a significant rise from 12 in 2021 to 22 in 2022 (an

83.33% increase), although there was a slight decline to 19 in 2023.

These trends underscore the urgent need for the police department to enhance DUI education and enforcement programs to raise awareness about the dangers of impaired driving and reduce the prevalence of driving under the influence, along with the dangers it poses. The department aims to prevent further incidents, protect the community, and ensure that the roads remain safe for all.

The data shows a troubling rise in bicycle and pedestrian crashes between 2021 and 2023, highlighting the growing vulnerability of these community members. Bicycle crashes, while slightly decreasing from 30 in 2021 to 28 in 2022, surged to 38 in 2023, reflecting a significant 35.71% increase in just one year.

Pedestrian crashes have also escalated sharply, increasing from 36 in 2021 to 49 in 2022 — a 36.11% rise — followed by another 18.37% increase to 58 in 2023. These trends emphasize the urgent need for targeted safety initiatives and enforcement efforts aimed at protecting cyclists and pedestrians, who are particularly at risk in our community.

As a result, the police department will continue additional community outreach, education, and high-visibility well-publicized enforcement operations. It is also recognized that partnerships maintained with other city departments and allied agencies, such as the city's Department of Public Works Traffic Engineering Division, the Office of Traffic Safety (OTS), the California Highway Patrol (CHP), and other Marin County Law Enforcement Agencies are vital in addressing these identified problem areas. SRPD is currently collaborating with the CHP and other Marin County Law Enforcement Agencies to conduct traffic enforcement operations in shared jurisdictions and other locations where similar problems have been identified.

Through recent statistics, education, and press releases, it has been well established that California, its counties, and local jurisdictions have all seen a significant increase in fatal and injury crashes in the years that followed the COVID-19 Pandemic. The CHP has been reporting a record number of citations issued for speeds in excess of 100 MPH. Additionally, many statistics show that speed is becoming a significant factor in recent crash data throughout the state. This is why the San Rafael Police Department recognizes the need for collaborative efforts between city departments and our regional law enforcement partners for all identified problems; it is not just a local jurisdiction problem.

SRPD has, in the past, planned joint traffic enforcement operations with the CHP on Point San Pedro Road and along the US-101 corridor. We have also communicated with our Marin County Law Enforcement agencies that we have OTS STEP Grant funding to assist them with their identified traffic enforcement needs. SRPD has been conducting regular traffic safety task force meetings, monthly, with our traffic engineers to identify and mitigate traffic safety issues through infrastructure upgrades and collaborative review of future capital improvement projects.

Unexpectedly in 2022 and again in 2023, San Rafael became a meeting point for two covertly organized street racing and sideshow events connected to Cinco de Mayo (May 5) and Guatemalan Independence Day (September 15). The event on May 5 impacted the Canal Neighborhood with several sideshows into the night and strained police resources. The event on September 15 involved over 100 vehicles and had over 1000 spectators. The participants began at the Northgate Mall. Once the event left the mall, it moved 9/27/2024 3:11:26 PM Page 6 of 22
into the Canal Neighborhood, where it forced the closure of streets and impacted emergency response to calls for service unrelated to the sideshow. Mutual aid resources responded and seemed to have minimal effect on lawless behavior. SRPD fielded numerous complaints from residents. Based on this event and the increase throughout the San Francisco Bay Area with street racing and sideshows, SRPD is planning for similar events in 2024 and will need the resources from its partners to better intelligence gathering and enforcement efforts.

Based on the events and statistics from 2021 through 2023, the police department has set a goal to expand and/or maintain its pedestrian/bicycle enforcement, general traffic enforcement, and DUI enforcement operations. We have also identified that to keep these goals; we must strive to keep our personnel numbers at full staffing authorization levels. We also recognize that much of our traffic and DUI enforcement efforts will need to be done through extra-duty assignments since current resource priorities must be directed to 9- 1-1 emergency calls, calls for service, and case investigations.

With our limited resources, Police Department leadership have directed patrol officers to reduce DUIs, red signal light violations, and speed-related crashes and increase pedestrian and bicyclist safety enforcement when available during their shifts. Statistical information and analysis have been provided to police personnel to show where enforcement deployments should occur. SRPD maintains a traffic information board that shows where the top crash intersection are, what the top PCFs are, where the most traffic safety complaints are occurring, where DUI incidents and arrests are occurring, posting DMV DUI Offender Hot List, and by posting the Marin County Adult Probation Department DUI Top Offender List.

Our sworn personnel availability has significantly diminished due to the city budget, injuries, retirements, and resignations. At SRPD's peak staffing in 2007, the police department had eight officers assigned to the motor/traffic unit. After the economic downturn in 2008, the motor/traffic unit was cut to just two positions when there was no authorization to backfill police department staffing due to attrition. Today we are still at post-2008 authorized staffing levels, however, due to unanticipated employee departures, the traffic unit is only staffed with a Sergeant. The traffic sergeant has most recently been tasked with acting as a field training officer. All previously qualified motor officers have been returned to patrol to cover staffing deficiencies. The SRPD anticipates an increase in staffing levels during the 2025 calendar year, however expected retirements and other long-term leaves of absence may delay efforts to re-establish a dedicated traffic unit.

Most newly hired officers face a learning curve, especially in traffic safety and DUI investigations. The ongoing ability to send officers to SFST/ARIDE DUI classes and RADAR/LIDAR classes will be essential to meeting the goals of DUI enforcement and traffic enforcement operations.

There is currently one Traffic Sergeant assigned to the Traffic Unit. Police Chief David C. Spiller has assessed current department staffing and the ability to match the demand for services that are important to the community and determined that the department needs to add eight to fifteen additional sworn personnel over the next two years. One of the main priorities for the added personnel would be to increase the traffic/motor officer unit with four additional personnel. However, budget constraints may limit the ability for additional personnel to be added to the police department at this time.

The current option for the police department to expand traffic, pedestrian, bicycle, and DUI enforcement operations is to provide extra-duty overtime assignments and shifts. Since every police department's priority is to respond to 9-1-1 emergency calls, crimes-in-progress, and investigate criminal cases, this limits free and available time with minimal staff to work proactively on specific and important issues, such as trafficrelated enforcement programs.

The utilization of NHTSA/OTS STEP Grant funds and resources significantly improves the police department's resources and ability to reduce injury and fatal crashes and commit to traffic and DUI enforcement operations, community outreach, and public education.

With California's "Freedom to Walk Act" being enacted in 2023, SRPD and our traffic engineering division are concerned that we will see an increase in pedestrian-related crashes. While this law takes effect, we also see an alarming statistic from the Governor's Highway Safety Association that shows pedestrian injuries and fatalities also went up nationwide. This increase was stated to be occurring at faster rates than 9/27/2024 3:11:26 PM Page 7 of 22
the increases in all other traffic fatalities. This is why SRPD would like to focus further enforcement efforts on reducing pedestrian and bicycle crashes. SRPD will conduct highly publicized pedestrian operations that involve crosswalk stings, vehicle/pedestrian saturation patrols, community outreach, education, media campaigns, partner with the Transportation Authority of Marin, and continue to work with our traffic engineers on improving current infrastructure to discourage dangerous behavior by pedestrians, bicycles, and motorists.

Since unsafe speed was ranked as a significant primary cause of crashes in 2021, 2022 and 2023, the police department identified that it needed to continue to deploy its tools and equipment to conduct these focused traffic enforcement operations. Sworn personnel have access to and use seven LIDAR units thanks to prior and current OTS STEP Grants. Additionally, SRPD regularly deploys speed feedback trailers. All three trailers will be kept in service year-round as a tool for speed reduction and community awareness.

Additionally, SRPD is committed to the ongoing training of officers to be certified in using LIDAR/RADAR. In 2024, we anticipate more officers will be sent to POST-certified RADAR/LIDAR as part of the department's advanced officer training program.

The police department has observed that DUI saturation patrol operations and DUI checkpoints are effective in locating and apprehending DUI drivers and being an educational outreach tool. The police department has used press releases and social media platforms to highly publicize the DUI checkpoints and DUI saturation patrol operations to raise awareness about DUI with the public. While SRPD had significant staffing issues that occurred due to required training, long-term injuries, and separations, which caused the cancellation and/or delay of several DUI saturation patrols during 2023, we still made efforts to complete a majority of the operations granted to us.

The San Rafael Police Department is focused and will continue its focus on pedestrian/bicycle enforcement operations, traffic enforcement operations specifically directed at reducing excessive/unsafe speed, red light running, distracted driving violations, and DUI enforcement campaigns.

The police department is looking to promote community awareness and education. In fact, in 2024, SRPD has already expanded its outreach with more community engagement programs, at least one scheduled community member police academies in both Spanish and English, and expanded its social media team for more frequent postings, outreach, and education.

We have planned and will continue to plan more aggressive enforcement strategies to reduce the number of pedestrians and bicyclists injured and killed by conducting highly publicized crosswalk enforcement stings, pedestrian enforcement saturation patrols, bicycle enforcement saturation patrols, and engagement with our local bicycle coalition, neighborhood groups, and neighborhood associations. We have committed to continuing our traffic safety task force partnership with our city traffic engineers to improve infrastructure that increases pedestrian/vehicle visibility and safety.

In closing, the Selective Traffic Enforcement Program (STEP) grant will significantly increase the police department's ability to employ its enforcement strategies to reduce persons killed or injured in traffic crashes. With a focused enforcement plan designed through the STEP program, the department will be more successful in curbing the identified and statistically supported problems associated with intoxicated drivers, excessive/unsafe speeding vehicles, red-light running, vehicle/pedestrian right-of-way violations, distracted driving, and other aggressive driving behaviors.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes. 9/27/2024 3:11:26 PM Page 8 of 22

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 8. Conduct DUI Saturation Patrol operation(s). 12

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
13 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
6 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 9/27/2024 3:11:26 PM Page 9 of 22

13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative Traffic Enforcement operations. 2

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 16. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval 9/27/2024 3:11:26 PM Page 10 of 22
and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
9/27/2024 3:11:26 PM Page 11 of 22
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25063

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
1906-25 20.611 Racial Profiling Prohibition Grants $2,000.00 402PT-25 20.600 State and Community Highway
Safety
$35,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$55,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $13,202.68 2 $26,405.00
DUI Saturation Patrols 164AL-25 $2,080.00 12 $24,960.00 Benefits for 164AL OT @ 1.45% 164AL-25 $51,365.56 1 $745.00 Traffic Enforcement 402PT-25 $1,040.00 13 $13,520.00
Distracted Driving 402PT-25 $1,040.00 6 $6,240.00
Motorcycle Safety 402PT-25 $1,040.00 3 $3,120.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,040.00 3 $3,120.00 Traffic Safety Educational Presentations 402PT-25 $1,040.00 2 $2,080.00 Collaborative Traffic Enforcement 402PT-25 $1,040.00 2 $2,080.00 Benefits for 402PT OT @ 1.45% 402PT-25 $32,131.41 1 $466.00 Community Collaboration Engagement 1906-25 $985.50 2 $1,971.00 Benefits for 1906 OT @ 1.45% 1906-25 $1,971.41 1 $29.00 Category Sub-Total $84,736.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $4,374.09 1 $4,374.00
$0.00
Category Sub-Total $4,374.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $2,889.84 1 $2,890.00
Category Sub-Total $2,890.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $92,000.00
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9/27/2024 3:11:26 PM Page 14 of 22
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25063

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 164AL OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Benefit breakdown:

1.45% Medicare
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Benefit breakdown:

1.45% Medicare
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.

Benefits for 1906 OT @ 1.45% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Benefit breakdown:

1.45% Medicare

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
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-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 9/27/2024 3:11:26 PM Page 16 of 22
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25063
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 9/27/2024 3:11:26 PM Page 18 of 22
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9/27/2024 3:11:26 PM Page 19 of 22

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 9/27/2024 3:11:26 PM Page 20 of 22
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 9/27/2024 3:11:26 PM Page 21 of 22
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
9/27/2024 3:11:26 PM Page 22 of 22

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 5.i
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________ TOPIC: SPECIAL EVENT STREET CLOSURE IN SAN RAFAEL - 43RD ANNUAL HOLIDAY OF

LIGHTS AND WINTER WONDERLAND
SUBJECT: RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF DOWNTOWN

STREETS IN SAN RAFAEL FOR A SPECIAL EVENT
RECOMMENDATION:

Adopt a resolution authorizing the temporary closure of designated sections of Fourth Street, Cijos Street, and Lootens Place in San Rafael for Downtown San Rafael's 43rd Annual Holiday of Lights and Winter Wonderland event.

BACKGROUND:

The San Rafael Police Department has received a special event application for Downtown San Rafael's 43rd Annual Holiday of Lights and Winter Wonderland, which would require street closure and parking restrictions.

ANALYSIS:

The Police Department reviewed the special event application for the San Rafael Winter Wonderland event.

The applicant has submitted a complete special event application, fulfilled insurance requirements indemnifying the City from liability associated with the event, and provided detailed information regarding operation, logistics, and a street closure diagram. Additionally, the applicant is notifying all residences and businesses within the proposed closure. If approval is granted for the stated street closure, City staff will finalize the event application.

The Police Chief can approve special event permits if the applicants meet all the above obligations. The Police Chief recommends the adoption of the attached resolution authorizing the temporary road closures. The special event street closure details are as follows:

Event: Downtown San Rafael’s 43rd Annual Holiday of Lights and Winter Wonderland SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Date(s): November 30, 2024 (Saturday)
Closure
Location(s): Fourth Street: A Street to Lincoln Avenue
Lootens Place: Fourth Street to Commercial Place
Cijos Street: Fourth Street to Commercial Place
Event Time: 11:00 a.m. – 6:00 p.m.

Closure Time: 7:00 a.m. – 9:00 p.m.

COMMUNITY OUTREACH:

The applicant must notify all residents and business owners within the closure area. In addition, the Police Department will utilize its social media accounts to notify the general public of street closures.

FISCAL IMPACT:

The City’s Economic Development Division will sponsor this event in the amount of $10,000. The Police Department will provide one officer for the duration of the event at no cost to the event producer at a total cost of approximately $1,050. In accordance with City policy, all other event-related costs incurred by the City will be assessed and paid for by the event organizer.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the resolution authorizing the specified special event temporary street closure.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt a resolution authorizing the temporary closure of designated sections of Fourth Street, Cijos Street, and Lootens Place in San Rafael for Downtown San Rafael’s 43rd Annual Holiday of Lights and Winter Wonderland event.

ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE TEMPORARY CLOSURE

OF DESIGNATED SECTIONS OF FOURTH STREET, LOOTENS PLACE, AND CIJOS STREET IN SAN RAFAEL.

WHEREAS, the San Rafael City Council has determined that it is in the best interests of the public health and safety to implement a modified Traffic Plan and Road Closure for all a special event in San Rafael; and
WHEREAS, after reviewing plans for the event and the traffic patterns, City staff has determined and recommended that, in the interest of the safety and welfare of pedestrian and auto traffic in the area, the street should be temporarily closed to through traffic for the date, time, and location as specified in the Staff Report; and
WHEREAS, the specific time periods for the temporary closure are described in the Staff Report shall be as determined by the City staff in consultation with the Police Department, and staff shall ensure timely notice is given to the public of those time periods by signage and/or other appropriate means.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES:

1. That all the above findings are true and correct; and

2. For the safety and protection of persons, both pedestrians and vehicle drivers, the City Council hereby authorizes the temporary closure of the listed street for the locations and date described in the Staff Report accompanying this Resolution.

I, Lindsay Lara, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 4th day of November 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Lindsay Lara, City Clerk
City of San Rafael
Proclamation in Recognition of
NATIVE AMERICAN HERITAGE MONTH, 2024
WHEREAS, Native American Heritage Month is a time to celebrate the vibrant and diverse cultures, histories, and traditions of Native Americans, honoring their significant contributions, and their enduring sacrifices; and WHEREAS, this month serves as an opportunity to raise awareness about the challenges faced by Native Americans both historically and in the present day and according to the U.S. Census Bureau, over 9.7 million people in the U.S. identified as American Indian or Alaska Native in the 2020 Census, reflecting a growing recognition of Indigenous identities and the importance of their voices; and
WHEREAS, the City of San Rafael acknowledges the Federated Indians of Graton Rancheria as a sovereign nation, consisting of Coast Miwok and Southern Pomo peoples, and the only federally recognized Tribe whose ancestral territory encompasses Marin County and the City of San Rafael, and that the Tribe maintains a partnership with government agencies and local municipalities, with whom they collaborate on matters of education, cultural resource protection, land management, environmental justice, and social welfare; and
WHEREAS, during the month of November, we honor the Federated Indians of Graton Rancheria their ancestral home, and appreciate their continued contributions in strengthening the diversity of our society through sharing traditions of dance, music, worship, sports, and through their service in the military and government; and
WHEREAS, we invite all members of our community to deepen their understanding of the original inhabitants of this Nation, and particularly our County and City as we take a moment to reflect on the past, present, and future, recognizing the ongoing efforts of the Federated Indians of Graton Rancheria to preserve and protect Tribal sovereignty and social justice.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim November 2024, as Native American Heritage Month, and encourages all citizens to join in observing and recognizing the accomplishments, contributions, and sacrifices of the Federated Indians of Graton Rancheria and all Native Americans, here in our local community and throughout the United States.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 7.a
Meeting Date: November 4, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: John Stefanski,
Assistant City Manager
Mel Burnette,
Homelessness and Housing Analyst
City Manager Approval: ______________
TOPIC: ENCAMPMENT RESOLUTION FUND ROUND 3 (ERF-3) AND STATE OF

CALIFORNIA/STATE SENATOR MCGUIRE FUNDING AGREEMENTS, AND

COLLABORATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF

SAN RAFAEL
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES

AGREEMENTS WITH THE COUNTY OF MARIN RELATED TO THE ENCAMPMENT RESOLUTION FUND ROUND 3 (ERF-3) AND STATE OF CALIFORNIA/STATE

SENATOR MCGUIRE FUNDING, AND AUTHORIZE THE CITY MANAGER TO

EXCECUTE THE COLLABORATION AGREEMENT BETWEEN THE COUNTY OF

MARIN AND CITY OF SAN RAFAEL
RECOMMENDATIONS:

1. Authorize the City Manager to execute professional services agreements with the County of Marin related to the Encampment Resolution Fund Round 3 and State of California/State Senator McGuire funding.

2. Authorize the City Manager to execute (and amend as needed) the collaboration agreement between the County of Marin and City of San Rafael for Encampment Resolution Fund Round Three (ERF-3) grant funds, the State of California/Senator McGuire funds. and the 50/50 match for housing-based case manager.

BACKGROUND:

Encampment Resolution Fund 3 Joint Grant Application & Award The California Interagency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding (now managed by the Department of Housing and Community Development (HCD), Third Round (Encampment Resolution Fund-Round 3 (ERF-3) program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Helping local jurisdictions ensure the wellness and safety of people experiencing homelessness in encampments;
• Providing encampment resolution grants to local jurisdictions and continuums of care to support efforts to resolve critical encampment concerns and to support individuals in accessing safe and stable housing, using Housing First approaches; and
• Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments.

The City and County of Marin jointly applied for ERF-3 funds, proposing to serve 65 individuals at the Mahon Creek Path Area (MCA) encampment. On April 18, 2024, Cal ICH announced its intent to award $5,999,242 in funding to the County of Marin as the lead agency on the application. Additionally, oversight of the ERF-3 program will be transferred to the California Department of Housing and Community Development (HCD) during the grant period.

The Mahon Creek Area (MCA) has been the largest encampment in San Rafael, including three contiguous areas, and at the time of grant application, had a census of 65 people, who are disproportionately Latinx and Black/African American in comparison to the general Marin County population. The site’s proximity to roadways and a drainage culvert presents an imminent danger that cannot be easily remedied with onsite solutions. The ERF-3-R grant award of $5,999,242 addresses the safety and sheltering needs of people at this site through the provision of housing-based case management, interim shelter supports, sanitation services, and rapid rehousing funds, among other supportive services.

City-County 50/50 Funded Housing Based Case Manager
The County offers a 50 percent County matching program for City-run homeless service programs aimed at improving conditions at homeless encampments and efforts to move individuals along the continuum of care to a permanent housing destination, consistent with Housing First Principles.

As part of this program initiative, the City of San Rafael has contributed, from available state and/or local resources to funding 50% of a Full-Time Equivalent (FTE) dedicated Housing Based Case Manager position. The individual hired into this position will be a County of Marin employee who is dedicated to specifically serving individuals experiencing homelessness in San Rafael over a two-year period. The County of Marin will fund the remaining 50% from available state and/or local funding.

In this collaborative approach, the County will partner with the City of San Rafael in a Housing-Based Case Management initiative directed toward supporting individuals experiencing homelessness within San Rafael with a priority on those residing in unsanctioned encampments within the City consistent with Housing First Principles.

ANALYSIS:

The ERF-3 program was co-developed with the County of Marin, and the grant proposal was informed by direct feedback from encampment residents via a December 2023 survey. The Mahon Creek Area program, which provides resources for individuals experiencing homelessness in these encampments, directly addresses inequities by attending to their short-term and long-term needs through a path to safe and stable permanent housing.

In October, the City opened the Sanctioned Camping Area along the northern section of the Mahon Creek Path. The proposed sanctioned camping area is open to individuals identified as residing in the Mahon Creek Area encampment before January 31, 2024 (the submission date of the ERF-3 grant application) and includes 50 tent sites for enrolled participants. City staff anticipates the sanctioned camping area will operate for approximately 12-18 months. The goal of the program is to support these individuals on their SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
path to housing. More information regarding this program can be found in the August 19, 2024, City Council Comprehensive Homelessness Update.

This program is also being funded by the ERF-3 grant and $1,000,000 in one-time funding from the State of California/State Senator Mike McGuire and the County of Marin. The County of Marin worked with Senator McGuire and successfully secured this $500,000 funding appropriation from the State of California and is matching it with an additional $500,000.

The scope of work and budget for the McGuire/County match funds are required by the State of California to operate under the following three eligible uses:

1. The purchase or rehabilitation of housing, including the purchase of land for housing for homeless residents.

2. Operations associated with an emergency encampment, including emergency housing.

3. Direct assistance programs or services for homeless residents.

The City and County are planning to utilize the funds for categories 2 and 3 above.

Since the County of Marin is the lead agency on the grant application, they will serve as the fiduciary agent for the ERF3 grant award and Senator McGuire Funds. As such, the City needs to enter into two professional service agreements:

1. Professional services agreement (Attachment 1) with the County of Marin in the amount of $3,587,776, to receive the funds and provide the City’s activities as contemplated in the grant application.

2. Professional services agreement (Attachment 2) with the County of Marin in the amount of $1,000,000 to receive the funds and provide the City’s activities and services related to the Sanctioned Camping Area, and other homeless response services.

At its August 19, 2024, meeting, the City Council approved five agreements with D-Block Security, FS Global, WeHope Showers, Downtown Streets Team, and The Other Junk Company. Those vendors are providing the services for the security and operations of the Sanctioned Camping Area, as well as additional homeless response services for individuals experiencing homelessness in all areas of the City.

Over the last four months, the City and County have been collaborating together to develop a framework and formal partnership that enhances interagency cooperation to better address the needs of those experiencing homelessness. The result of these efforts is a Collaborative Agreement (Agreement) (Attachment 3), which establishes roles and responsibilities regarding grant implementation to facilitate coordination and achievement of the grant objectives.

Under the agreement, The County & City shall jointly serve to ensure the success of the ERF-3 implementation. The following are activities that the County and City shall conduct in collaboration together:
• Collaborate on making changes to the budget or implementation strategy as needed to ensure expenditure and encumbrance deadlines are met, as defined by the grant. • Collaborate on scope development, oversight, and implementation for outreach and housingbased case management ERF-3 funded services. • Coordinate with service providers/vendors selected to serve the sanctioned camping program and the housing-based interim shelter site on program implementation. • Collaborate regarding any potential future temporary/interim shelter projects.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
• Co-lead and participate in bi-weekly case conferencing meetings to review the status of all clients and report to partners on aggregated housing progress.
• Jointly chair a monthly ERF-3 operations and strategy meeting for the purpose of collaborating on strategy and ongoing implementation of the program, overall grant monitoring, coordination of services and supports, and ongoing tracking/reporting of data/progress. • Collaborate on all external communications and community engagement for ERF-3 to ensure timely, accurate, and informative messaging is being provided to the community.

Services & Supports
• Conduct outreach in the encampment, provide social services and support when needed, resolve community concerns, work with direct service provider staff, and offer crisis intervention support to the program.
• Manage the client flex funds, ensuring that they are spent in alignment with the grant objectives and that appropriate expenditure justification documentation is collected and maintained. • Co-manage the Rapid Rehousing and rental assistance supports provided to clients through contracts, including implementing best practices, following regulations, and collecting and maintaining appropriate documentation. Collaborate regarding operations of the City’s sanctioned camping program, including establishing policies and procedures, attending to urgent client issues, and other activities associated with site management as needed. • Collect lived experience qualitative and quantitative data to inform ongoing process improvement. • Develop and implement a plan to return the Mahon Creek Area to its original intended public use.

The agreement also details the individual activities of the County and the City. Under the agreement, the City’s primary role is establishing and managing the sanctioned camping area and related contractors during this phase of the project. The County of Marin’s ERF3 activities are funded through the remaining $2,411,466, out of the total grant award of $5,999,242 (e.g. outreach workers, case managers, rental assistance, etc.).

Next Steps
The County of Marin Board of Supervisors will consider these same agreements at its November 19, 2024, meeting. The ERF-3 grant award represents an opportunity for the City and County to utilize this framework and to set the stage for future, ongoing collaborations regarding homelessness response.

FISCAL IMPACT:

There is no fiscal impact to the City’s budget associated with this request. The $3,587,776, in ERF-3-R funding and the $1,000,000 in McGuire/County Match Funds are all provided by state and local grant funding sources and have no local matching requirements beyond “leveraged” services already provided by the City and funded through the FY 2024-25 General Fund Budget.

There is no fiscal impact associated with the request for the City-County 50/50 Funded Housing Based Case Manager. The total cost for this position is $127,500, split equally between the County of Marin and the City of San Rafael. The City’s portion, amounting to $63,750, is funded by ERF-2 funds, with no impact on the FY 2024-25 General Fund Budget.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Authorize the City Manager to execute the agreements.

2. Authorize the City Manager to execute the agreements with modifications.

3. Direct staff to return with more information.

4. Take no action.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
RECOMMENDED ACTIONS:

1. Authorize the City Manager to execute professional services agreements with the County of Marin related to the Encampment Resolution Fund Round 3 and State of California/State Senator McGuire funding.

2. Authorize the City Manager to execute (and amend as needed) the collaboration agreement between the County of Marin and City of San Rafael for Encampment Resolution Fund Round Three (ERF-3) grant funds, the State of California/Senator McGuire funds, and the 50/50 match for housing-based case manager.

ATTACHMENTS:

1. Professional Services Agreement between the County of Marin and the City of San Rafael for the Mahon Creek Path Area (MCA) Encampment Operations, ERF-3

2. Professional Services Agreement between the County of Marin and the City of San Rafael for the Mahon Creek Path Area (MCA) Emergency Encampment Operations, McGuire Funds

3. County of Marin and the City of San Rafael Collaboration Agreement on Programming of ERF-3 Funds, Senator McGuire Funds, and the 50/50 match for housing-based case manager.

CAO Contract Log #_______________ COUNTY OF MARIN

PROFESSIONAL SERVICES CONTRACT
2015 - Edition 1
THIS CONTRACT is made and entered into this day of , 2024, by and between the COUNTY OF MARIN, hereinafter referred to as "County" and City of San Rafael, hereinafter referred to as "Contractor.” RECITALS:

WHEREAS, County desires to retain a person or firm to provide the following service: Mahon Creek Path Area (MCA) Encampment Operations, ERF3 ; and
WHEREAS, Contractor warrants that it is qualified and competent to render the aforesaid services; NOW, THEREFORE, for and in consideration of the Contract made, and the payments to be made by County, the parties agree to the following:

1. SCOPE OF SERVICES:

Contractor agrees to provide all of the services described in Exhibit A attached hereto and by this reference made a part hereof.

2. FURNISHED SERVICES:

The County agrees to:

A. Guarantee access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work.

B. Make available all pertinent data and records for review.

C. Provide general bid and Contract forms and special provisions format when needed.

3. FEES AND PAYMENT SCHEDULE:

The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide County with his/her/its Federal Tax I.D. number prior to submitting the first invoice.

4. MAXIMUM COST TO COUNTY:

In no event will the cost to County for the services to be provided herein exceed the maximum sum of $3,587,776.00 including direct non-salary expenses. As set forth in section 14 of this Contract, should the funding source for this Contract be reduced, Contractor agrees that this maximum cost to County may be amended by written notice from County to reflect that reduction.

5. TIME OF CONTRACT:

This Contract shall commence on July 1, 2024, and shall terminate on July 31, 2027. Certificate(s) of Insurance must be current on day Contract commences and if scheduled to lapse prior to termination date, must be automatically updated before final payment may be made to Contractor. The final invoice must be submitted within 30 days of completion of the stated scope of services.

6. INSURANCE:

Commercial General Liability:

The Contractor shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). The County shall be named as an additional insured on the commercial general liability policy.

Commercial Automobile Liability:

Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor, Contractor shall provide comprehensive business or commercial automobile liability coverage, including non-owned and hired automobile liability, in the amount of $1,000,000.00.

Workers’ Compensation:

The Contractor acknowledges the State of California requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Contractor has employees, a copy of the certificate evidencing such insurance, a letter of self-insurance, or a copy of the Certificate of Consent to Self-Insure shall be provided to County prior to commencement of work.

Errors and Omissions, Professional Liability or Malpractice Insurance.

Contractor may be required to carry errors and omissions, professional liability or malpractice insurance.

All policies shall remain in force through the life of this Contract and shall be payable on a "per occurrence" basis unless County specifically consents to a "claims made" basis. The insurer shall supply County adequate proof of insurance and/or a certificate of insurance evidencing coverages and limits prior to commencement of work. Should any of the required insurance policies in this Contract be cancelled or non-renewed, it is the Contractor’s duty to notify the County immediately upon receipt of the notice of cancellation or non-renewal.

If Contractor does not carry a required insurance coverage and/or does not meet the required limits, the coverage limits and deductibles shall be set forth on a waiver, Exhibit C, attached hereto.

Failure to provide and maintain the insurance required by this Contract will constitute a material breach of this Contract. In addition to any other available remedies, County may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage.

7. ANTI DISCRIMINATION AND ANTI HARASSMENT:

Contractor and/or any subcontractor shall not unlawfully discriminate against or harass any individual including, but not limited to, any employee or volunteer of the County of Marin based on race, color, religion, nationality, sex, sexual orientation, age or condition of disability. Contractor and/or any subcontractor understands and agrees that Contractor and/or any subcontractor is bound by and will comply with the anti discrimination and anti harassment mandates of all Federal, State and local statutes, regulations and ordinances including, but not limited to, County of Marin Personnel Management Regulation (PMR) 21.

8. SUBCONTRACTING:

The Contractor shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the County except for any subcontract work identified herein. If Contractor hires a subcontractor under this Contract, Contractor shall require subcontractor to provide and maintain insurance coverage(s) identical to what is required of Contractor under this Contract and shall require subcontractor to name Contractor and County of Marin as an additional insured under this Contract for general liability. It shall be Contractor’s responsibility to collect and maintain current evidence of insurance provided by its subcontractors and shall forward to the County evidence of same.

9. ASSIGNMENT:

The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the County.

10. LICENSING AND PERMITS:

The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein.

11. BOOKS OF RECORD AND AUDIT PROVISION:

Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this Contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Contractor will permit County to audit all books, accounts or records relating to this Contract or all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. Any audit may be conducted on Contractor's premises or, at County's option, Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from County. Contractor shall refund any monies erroneously charged.

12. WORK PRODUCT/PRE-EXISTING WORK PRODUCT OF CONTRACTOR:

Any and all work product resulting from this Contract is commissioned by the County of Marin as a work for hire. The County of Marin shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative use of, the work product or otherwise grant others limited rights to use the work product.

To the extent Contractor incorporates into the work product any pre-existing work product owned by Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be transferred to the County of Marin.

13. TERMINATION:

A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five (5) calendar days written notice to the party involved.

B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control.

C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of termination shall be by written notice to the other parties and be sent by registered mail.

D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s).

14. APPROPRIATIONS:

The County's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Marin County Board of Supervisors, the State of California or other third party. Should the funds not be appropriated County may terminate this Contract with respect to those payments for which such funds are not appropriated. County will give Contractor thirty (30) days’ written notice of such termination. All obligations of County to make payments after the termination date will cease.

Where the funding source for this Contract is contingent upon an annual appropriation or grant from the Marin County Board of Supervisors, the State of California or other third party, County's performance and obligation to pay under this Contract is limited by the availability of those funds. Should the funding source for this Contract be eliminated or reduced, upon written notice to Contractor, County may reduce the Maximum Cost to County identified in section 4 to reflect that elimination or reduction.

15. RELATIONSHIP BETWEEN THE PARTIES:

It is expressly understood that in the performance of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent Contractor and not as officers, employees or agents of the County. Contractor shall be solely responsible to pay all required taxes, including but not limited to, all withholding social security, and workers’ compensation.

16. AMENDMENT:

This Contract may be amended or modified only by written Contract of all parties.

17. ASSIGNMENT OF PERSONNEL:

The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to County, as is evidenced in writing.

18. JURISDICTION AND VENUE:

This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California.

19. INDEMNIFICATION:

Contractor agrees to indemnify, defend, and hold County, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney’s fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Contractor’s negligence, recklessness or willful misconduct in the performance of this Contract.

20. COMPLIANCE WITH APPLICABLE LAWS:

The Contractor shall comply with any and all Federal, State and local laws and resolutions: including, but not limited to the County of Marin Nuclear Free Zone, Living Wage Ordinance, and Board of Supervisors Resolution #2005-97 prohibiting the off-shoring of professional services involving employee/retiree medical and financial data affecting services covered by this Contract. Copies of any of the above-referenced local laws and resolutions may be secured from the Contract Manager referenced in section 21. In addition, the following NOTICES may apply:

1. Pursuant to California Franchise Tax Board regulations, County will automatically withhold 7% from all payments made to vendors who are non-residents of California.

2. Contractor agrees to meet all applicable program access and physical accessibility requirements under State and Federal laws as may apply to services, programs or activities for the benefit of the public.

3. For Contracts involving any State or Federal grant funds, Exhibit D must be attached. Exhibit D shall consist of the printout results obtained by search of the System for Award Management at www.sam.gov.

Exhibit D - Debarment Certification
By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below.
 The certification in this clause is a material representation of fact relied upon by County.  The Contractor shall provide immediate written notice to County if at any time the Contractor learns that its certification was erroneous or has become erroneous by reason of changed circumstances.  Contractor certifies that none of its principals, affiliates, agents, representatives or contractors are excluded, disqualified or ineligible for the award of contracts by any Federal agency and Contractor further certifies to the best of its knowledge and belief, that it and its principals:
 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency;
 Have not been convicted within the preceding three-years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against it for one of those offenses within that time period;  Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses listed in 2 CFR 180.800(a);  Have not had one or more public transactions (Federal, State, or Local) terminated within the preceding three-years for cause or default.
 The Contractor agrees by signing this Contract that it will not knowingly enter into any subcontract or covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.

 Any subcontractor will provide a debarment certification that includes the debarment clause as noted in preceding bullets above, without modification.

21. NOTICES:

This Contract shall be managed and administered on County’s behalf by the Department Contract Manager named below.

All invoices shall be submitted and approved by this Department and all notices shall be given to County at the following location:

Contract Manager:

Gary Naja-Riese
Homelesness & Coordinated Care Division
Dept./Location:
1177 Francisco Blvd E. Ste B
San Rafael, CA 94901
Telephone No.: 415-473-6265 [email protected] Notices shall be given to Contractor at the following address:

Contractor: City of San Rafael
Address:
1400 Fifth Ave
San Rafael, CA 94901
Telephone No.: [email protected]

22. ACKNOWLEDGEMENT OF EXHIBITS
Check applicable Exhibits CONTRACTOR’S

INITIALS
EXHIBIT A. Scope of Services
EXHIBIT B. Fees and Payment
EXHIBIT C. Insurance Reduction/Waiver
EXHIBIT D. Contractor’s Debarment Certification
EXHIBIT E. Subcontractor’s Debarment Certification

OTHER REQUIRED

EXHIBITS (HHS

USE ONLY)
IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written.

CONTRACTOR: APPROVED BY
COUNTY OF MARIN:

By: __________________________________
Name: _______________________________
Title: ________________________________ By:__________________________________ Dennis Rodoni, President, Board of Supervisors
COUNTY COUNSEL REVIEW AND APPROVAL (required if template content has been modified) County Counsel: _______________________________________ Date: ____________________________________

EXHIBIT A

SCOPE OF WORK
07/01/24 – 06/30/2027
Mahon Creek Path Area (MCA) Encampment
Introduction:

On April 18, 2024, Marin County Department of Health and Human Services (Marin HHS) was awarded Encampment Resolution Funds (ERF) round 3 grant from the California Interagency Council on Homelessness (Cal ICH), now managed by the Department of Housing and Community Development (HCD).

Overview
The Encampment Resolution Funding (ERF) Program is a four-year grant program that includes three rounds of funding. The third round, ERF-3-R, was authorized in 2022 through Senate Bill 197 (Chapter 70, Statutes of 2022), enacted under Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 502520 et seq.) Per the ERF-3 Notice of Funding Availability, ERF funding is intended to increase collaboration between California Department of Housing and Community Development (HCD), local jurisdictions, and Continuums of Care (CoC) for the following purposes:
• Help local jurisdictions ensure the safety and wellness of people experiencing homelessness in encampments.
• Provide funds to resolve critical encampment concerns and transition individuals to safe and stable housing.
• Encourage a data-informed, coordinated approach to address encampment concerns.

The City of San Rafael and the County of Marin submitted a joint application for ERF-3 funds under application window 1 with a proposal to address the Mahon Creek Path Area (MCA) encampment and received a Notice of Intent to Award this funding ($5.9M) from the State on April 18, 2024.

Grant Activities
Interim Sheltering Strategies
• Establish and manage the MCA sanctioned site, including site preparation activities, establishment of policies and procedures on the site, monitoring safety, attending to urgent site issues, and other activities associated with site management (i.e., security). • City expects to contract many of these services to third parties, while informing the County and collaborating with County staff on contractor selection. • The City and County will collaborate regarding the operations of the sanctioned camping program, including the establishment of policies and procedures, attending to urgent client issues, and other activities associated with site management as needed.

Street Outreach
• Manage replacement and implementation of a mobile shower vehicle with multiple showers, is ADA accessible, and with laundry facilities. This replaces existing outdated vehicle (2002 model)
• Subcontract with Downtown Streets Team for employment training and readiness; outreach; case mgt services.

Systems Support
• Maintenance of toilet and handwashing stations, with twice weekly service, inclusive of dumping and refill, cleaning, maintenance, and placement of units • Maintenance of clean up service twice weekly, inclusive of dumping fees, staffing, hazmat, storage of belongings in line with SRPD storage policy Required Policies
All contractors under the Division of Homelessness and Coordinated care are required to abide by the following in accordance with U.S. Department of Housing and Urban Development (HUD), State of California, and Count of Marin Housing First requirements.

A. Underlying philosophies
The following four philosophies underlie the program’s design and must be central to all services delivered:

Housing First
Evidence from communities across the country indicate that the most effective solution to homelessness is to place people in permanent housing without preconditions, and then provide the wraparound services necessary for them to stabilize. This philosophy is called “housing first” and is applicable to not just permanent housing, but also to outreach, shelter, and services programs. (https://endhomelessness.org/resource/housing-first/) Trauma-Informed Care
Trauma-informed care realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in clients, families, staff, and others involved in the system; responds by fully integrating knowledge about trauma into policies, procedures, and practices, and seeks to actively resist re-traumatization. (https://www.samhsa.gov/nctic/trauma-interventions)
Person-Focused Care
A person-focused approach decentralizes and integrates services across the spectrum of care, to cross-train staff from different agencies to implement shared strategies, and to simplify and redesign work while increasing enrollees’ involvement in their care. The priority is to design and align systems to reach and serve the client and communities, rather than requiring target populations to overcome systemic structural or cultural barriers.

Social Determinants of Health
Contractor will universally screen enrollees for the non-clinical barriers that may be interfering with their ability to lead healthy, productive lives. (https://www.cdc.gov/socialdeterminants/) B. Cultural competency
• Contractor agrees to comply with HHS’s Equity Strategic Plan (https://www.marinhhs.org/sites/default/files/libraries/2019_02/mc_hhs.stratplan18_v7.p df)
• https://www.marinhhs.org/sites/default/files/equity_progress_report_2022.pdf). • Contractor shall be responsible for providing services that incorporate the cultural background of the client, including the language, family structure, religion and belief system of the client.
• Contractor shall ensure that the quality of care provided to non-English-speaking individuals or to individuals with Limited English Proficiency (LEP), meets the same standards and is not substandard to the care provided to English-speaking clients. • Contractor shall take all steps necessary to develop and maintain an appropriate capability for communicating, including providing sufficient qualified translators or translation service, in any necessary second language, including American Sign Language. • Contractor shall be responsible for providing services to non-English/LEP speaking individuals in their own language. Contractor will have staff that are linguistically proficient in the threshold language(s) at key points of contact and during regular operating hours. • All necessary steps will be taken to provide services in any language which is the primary language of at least 5 percent (5%) of either the community potentially served by the contractor or contractor’s client population. Spanish is currently the only threshold language for Marin.

All staff used to carry out the reimbursable services in this contract must be trained and/or experienced in the delivery of housing first oriented, trauma informed, culturally competent services.

C. Definitions
Contractors shall be familiar with HUD definitions of homelessness and associated recordkeeping requirements for documenting if clients meet the definition. At a Glance Criteria and Recordkeeping Requirements for Definition of Homeless (hudexchange.info) D. Equity Statement
The COUNTY is committed to achieving diversity, inclusion and racial equity for all. To that end, COUNTY requires its CONTRACTORS to include efforts aimed at achieving equity.

CONTRACTOR’s Scope of Services shall include at least one (1) outcome that focuses on advancing equity. CONTRACTOR’s reporting system shall include monitoring of equity outcomes.

Some examples of racial equity outcomes might include: • Changes in underlying conditions that promote equity (i.e., increase access to food security, etc.) • Improvements in health outcomes by race, determining if there is a gap between different racial groups, and taking actions to decrease the gap. • Improvements in service outcomes by primary language spoken, determining if there is a gap between services according to language, and taking steps to decrease the gaps in those services (e.g., is it harder for patients of one language to get an appointment) Eliminating barriers that unfairly impact communities of color (i.e., housing, education, etc.) E. Program Fees
This program may not charge program fees to participants.

F. Non-discrimination
This program must adhere to policies that ensure Non-Discrimination in all program operations.

Consistent with the policies of the Marin Continuum of Care, this program shall not tolerate discrimination on the basis of any protected class (including actual or perceived race, color, religion, national origin, sex, age, familial status, disability, sexual orientation, gender identity, medical condition, genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law).

Contractor will shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 – 11139.5).

All aspects of the outreach services will comply with all Federal, State, and local Fair Housing laws and regulations. Participants will not be “steered” toward any particular housing facility or neighborhood because of race, color, national origin, religion, sex, disability, or the presence of children.

G. Coordination with WPC providers
Contractor is required to:
• Participate in standardized onboarding training to ensure consistency in care coordination, data sharing, and reporting processes.
• Provide ongoing training to new staff to ensure services are appropriate and to promote continuous quality improvement.
• Participate in surveys, interviews, and reports.
• Participate in the governance committees, including the Advisory and Steering Committees, as well as committee workgroups as necessary.

All Contractors shall:
• Share data (e.g., on caseload progress and outcomes) subject to state and federal laws regarding confidentiality of health information.
• Participate in case conferencing among their Care Provider Team partners and between Care Provider Teams to not only engage in care planning, but to also share best practices and procedures; identify challenges and barriers; and develop shared philosophies and approaches.
• Participate in quality improvement testing.
• Track and document implementation progress.
• Adopt best practices developed for addressing the needs of the target population. • Communicate on-going technical assistance needs that can be addressed with training and consulting resources.

H. Digital accessibility
Vendor will engage in good faith with open and effective communication with County of Marin to solve and address accessibility issues. County of Marin will collaborate with vendor around accessibility, understanding that it is the vendor's responsibility to conduct accessibility testing and create accessible deliverables. Vendor shall ensure that all digital content and deliverables shall meet the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines (WCAG), Version 2.1, level AA or most recent version. Vendor is responsible for addressing accessibility problems in any implementation, configuration, or documentation delivered or performed by Vendor, and in any software, documents, videos, and/or trainings given and published by Vendor and delivered under this contract. Applicable laws include but are not limited to Americans with Disabilities Act (ADA), 21st Century Communications and Video Accessibility Act (CVAA), and California Government Code Sections 7405 and 11135.

Vendor will engage in good faith with open and effective communication with County of Marin to solve and address accessibility issues. County of Marin will collaborate with vendor around accessibility, understanding that it is the vendor's responsibility to conduct accessibility testing and create accessible deliverables.

I. County of Marin Accessibility Requirements for Delegated Direct Services The Americans with Disabilities Act of 1990 requires that all of the County of Marin’s programs, services, and activities be accessible to and usable by individuals with disabilities. This law also stipulates that we may not delegate away our responsibility to ensure people with disabilities have equitable access. This means that not only must the programs and services administered by the County be accessible, but also those administered on behalf of the County by third party agencies. All entities receiving County funding which provide direct services to the public must also comply with the accessibility requirements set forth in the ADA, and other applicable laws and regulations. This guide has been created to assist agencies under contract with the County of Marin to ensure that they comply with accessibility requirements. Inquiries related to the content herein can be directed to:

County of Marin
Disability Access Program
(415) 473-4381 (voice)
(415) 473-3232 TTY
[email protected]
J. Programs and Services
Every aspect of the service you provide is considered part of your program, and therefore it must be accessible to individuals with disabilities. This includes parking lots, service counters and spaces, transportation (shuttles, etc.), agendas, flyers, emails, online services, phone calls, meetings, celebrations, classes, recreational activities and more. The guidance in this document is primarily intended to help you provide accessible programs by providing you with the tools to:
▪ survey facilities and identify common architectural barriers for people with disabilities; ▪ identify common ADA compliance problems in your communications and activities; and ▪ remove barriers and fix common ADA compliance problems in these areas.

ADA Technical Assistance Materials
ADA Update
Your programs can be broken into three main categories, (Communications, Facilities, and Activities) which will be covered in more detail below.

Vendor shall ensure that all digital content and deliverables shall meet the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines (WCAG), Version 2.1, level AA or most recent version. Vendor is responsible for addressing accessibility problems in any implementation, configuration, or documentation delivered or performed by Vendor, and in any software, documents, videos, and/or trainings given and published by Vendor and delivered under this contract. Applicable laws include but are not limited to Americans with Disabilities Act (ADA), 21st Century Communications and Video Accessibility Act (CVAA), and California Government Code Sections 7405 and 11135.

Vendor will engage in good faith with open and effective communication with County of Marin to solve and address accessibility issues. County of Marin will collaborate with vendor around accessibility, understanding that it is the vendor's responsibility to conduct accessibility testing and create accessible deliverables.

Communications
All the communications within your program must be accessible. This means any documents you provide must be made available in alternative formats, upon request. Brochures, agendas, schedules, and lists all may be requested by a client to be provided in alternative formats.

Alternative formats can include Braille, large font, or documents on a thumb drive. You do not need to have all formats on hand at all times, but you must have a plan in place to provide them in a reasonable amount of time. Some clients may require professional support from providers such as sign language interpreters. Requests for these accommodations must be addressed in a timely manner as well.

The following is a list of resources and tools you may find helpful when ensuring the accessibility of your communications:

ADA Requirements: Effective Communications
General Effective Communication Requirements under Title II of the ADA US Access Board Guidelines and Standards: Communications Facilities
If you are bringing clients into your facilities, or providing facilities for their use (recreation, program participation, housing, etc.) these facilities must meet accessibility requirements. In California, the best source of information on accessibility requirements for facilities is the California Building Code (CBC). The accessibility requirements contained in the CBC are compatible with the Federal requirements adopted by the United States Access Board. What is most important to remember about facilities is that your clients with disabilities need to be able to arrive, enter, conduct business, and interact with your program in the same way that clients without disabilities can. This generally means you must provide accessible parking, path of travel, meeting and workspaces, restrooms, and communal areas. All areas of your facility where clients will visit must be accessible. Please note there are different requirements for different types of facilities, so please review the requirements carefully.

The best way to determine if your facility is accessible and to determine what remediation may be necessary to bring your facility into compliance is to conduct a survey. You can either do this yourself, with the help of the tools provided below, or you can hire a Certified Access Specialist (CASp) to perform a survey for you and compile the findings. A list of CASp certified individuals can be found on the California Department of General Services Website. This list includes both public and private specialist, many of whom are available to work with publicly contracted service providers.

The following is a list of resources and tools you may find helpful when trying to assess the accessibility of
your facilities:

US Access Board ADA Requirements
US Access Board Guidelines and Standards: Buildings and Sites California Building Code, Chapter 11B – Accessibility ADA Checklist for Existing Facilities
Overview of Title II ADA Requirements for Buildings and Facilities Activities
Meetings, company outings, fundraising events, counseling sessions, classes and trainings are all examples of some activities your organization may provide. Any interaction between your agency and the client must be accessible to clients and/or employees with disabilities. Many accessibility issues surrounding activities will be remediated through ensuring your facilities and communications are accessible; however, there are other areas you must consider. For example, course content may need to be modified for a client with a developmental disability, accessible transportation may need to be provided to an event site with no public transit access, etc.

The following is a list of resources and tools you may find helpful when trying to assess the accessibility of your activities:

A Planning Guide for Making Temporary Events Accessible to People with Disabilities Accessible Events: Planning and Preparation are Key Website Accessibility under Title II of the
ADA
ADA Guidelines for Recreational
Facilities
US Access Board Guidelines and Standards: Recreation Facilities, Streets and Sidewalks, Transportation,
Health Care
K. Confidentiality Requirements

1. Confidentiality. The Contractor and any employees and/or volunteers performing services at its direction shall maintain the confidentiality of any confidential or proprietary information and records made available or that Contractor is given access to in accordance with all applicable State and Federal laws relating to confidentiality. For purposes of this Contract, Confidential Information includes but is not limited to:
a. Health Information: Includes medical information, which means any individually identifiable information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
b. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history.

2. Nondisclosure. Contractor and its employees, agents, or subcontractors shall protect Confidential Information from inappropriate and unauthorized access, use, disclosure. To the extent Contractor accesses Confidential Information in the course of its performance of this Contract, Contractor shall not use Confidential Information for any purpose and shall not disclose, any Confidential Information except if disclosure is required or permitted under State or Federal law.

3. Safeguards. Contractor shall implement appropriate and reasonable administrative, technical, and physical safeguards to protect the security, confidentiality and integrity of Confidential Information that it may access, including training all employees who perform work on this Contract on Confidential Information and the need to protect Confidential Information. Contractors that participate in AB210 Multi-Disciplinary Teams shall also sign and implement the Participating Agency Agreement and Confidentiality Statement for itself and its employees. Contractor and its employees will comply with the pertinent data sharing policies and procedures.

L. Grievances
Contractor shall notify the County of any grievances filed against the contractor.

M. CoC Participating Entity
As a participating entity of the Marin County Coordinated Entry System, the Contractor shall follow the Marin Coordinated Entry System Policies & Procedures (CEP&P) (Exhibit #). Where there is a disagreement between the CEP&P and other language in this contract, the Contractor shall communicate with the Marin County team and jointly discuss which of the two statements is most appropriate for the work being done under this contract.

N. Laws
Contractor shall follow all applicable federal, state, and local laws relating to providing this service not mentioned above, including, but not limited to, maintaining a drug-free workplace.

O. Data Collection Requirements:

1. Staff responsible for conducing outreach or housing-based case management will:
a. Complete training on HMIS and/or WIZARD within the first 30 days of the contract term.
b. Document contacts with clients and the resulting outcomes. c. Participate in a Mahon Creek Path Area (MCA) Encampment specific case conference on a monthly basis to discuss and review client needs and steps toward a housing pathway.
d. Participate in and share data/information with existing Continuum of Care groups/meetings.

P. Reporting Requirements and Schedule

1. City of San Rafael will document progress on grant objectives and provide to HCC on a quarterly basis for reporting to HCD.

2. Documented contacts with clients will be provided manually on a monthly basis until training in HMIS and/or WIZARD is complete.

Q. Administrative Responsibilities:
a. Contractor will ensure funding is utilized according to funding requirements. b. Contractor will maintain an up-to-date HMIS record keeping system to track entries and exits to the program, input data in accordance with HMIS policy, comply with data standard requirements, and provide a timely response to requests for data. Data will be updated in HMIS within three days of client contact. All client records will be current on HMIS prior to submitting monthly invoice.
c. Contractor will submit reports as outlined below and meet with HHS staff to review outcomes, data and evaluate progress in meeting contract requirements, at a minimum interval of 6 and 12 months from contract execution.
d. Contractor agrees to participate in the development of program eligibility and selection criteria that will be developed for the Marin County Continuum of Care in accordance with U.S. Department of Housing and Urban Development Guidelines.

EXHIBIT B

FEES AND PAYMENT SCHEDULE
07/01/24 – 06/30/2027
Mahon Creek Path Area (MCA) Encampment
B.1 Total Contract Amount: County shall pay Contractor a contract amount not to exceed THREE MILLION FIVE HUNDRED EIGHTY-SEVEN THOUSAND SEVEN HUNDRED SEVENTYSIX DOLLARS AND ZERO CENTS ($3,587,776.00). In no event shall total compensation paid to Contractor exceed $3,587,776.00 without an amendment to this contract approved by the County of Marin.

B.2 Authorization Required: Services performed by Contractor and not authorized in this contract shall not be paid for by County. Payment for additional services shall be made to Contractor by County if, and only if, this contract is amended by both parties in advance of performing additional services.

B.3 Contractor will submit a monthly invoice to County for work performed during the month.

Invoice will detail expenses including number of hours, hourly rate, and explanation of other costs incurred. Payment of an invoice deemed acceptable by County will be made by County in accordance with its Net 30 payment terms.
• Invoices must include contract number that will be given once contract is approved.
• Please submit invoices to [email protected] B.4 Contractor will bill on a cost basis.

B.5 Contract Term: July 1, 2024 – June 30, 2027.

B.6 Summary of Fees and Payments
Total: $3,587,776.00
Budget Detail
Activity ERF3 Budget
Interim Shelter 3,004,200.00
Street Outreach 357,976.00
Systems Support 225,600.00
Total ERF3 Grant Funding 3,587,776.00
Eligible Use
Category Description AgencyUNIT RATE Monthstotal ERF3 Exp long description Interim
Sheltering
Interim
Sheltering
strategies for
23 individuals CSR 65

2,716,200.00
Various IH strategies will be
employed. Calculation based
on:
8 IH units, 33 months,
$2300/mo FMR ($607,200)
27 motel units, $100/night/
18 months ($1,485,000)
Lease $7000/mo for 24 mo
($84,000) of IH site
Purchase of 30 pallet shelters
@18K/ea ($540,000)
Source of leverage: earmark
from state surplus funding
(500K); county match (500K)
Interim
Sheltering
Security
Contractor
for IH
programs CSR 1

12,000 24

288,000.00
Provide mobile overnight
safety and support to IH sites
$400 daily total: 24-month IH
operations
Street
Outreach
Purchase and
operation of
mobile
shower
vehicle - CSR CSR 3

2,333 24

317,976.00
Mobile shower vehicle
($150,000) would have 3
showers (one of which is ADA
accessible) and laundry
facilities; replaces existing
outdated vehicle (2002 model)
Source of leverage:

Community Homeless Fund.

Operating cost all-inclusive of
staff, insurance, fuel, tolls,
dumping/refill
Street
Outreach
Downtown
Streets Team
cleanup
assistance CSR 1

3,333 36

40,000.00
City contract for employment
training and readiness;
outreach; case mgt; 4x
/month. Source of leverage:

City of San Rafael General
Fund. Provides supported
employment to
currently/formerly homeless
individuals in cleaning up the
City, with one day/week in the
encampment
Systems
Support
6 toilets (2
ADA) and
handwashing
stations CSR 1

3,400 24

81,600.00
Twice weekly service, inclusive
of dumping and refill, cleaning,
maintenance, and placement
of units
Systems
Support
Encampment
cleanup
contractor CSR 1

12,000 12

144,000.00
Avg $3K/wk; Twice weekly
service, inclusive of dumping
fees, staffing, hazmat, storage
of belongings in line with SRPD
storage policy
Fiscal Monitoring and Reporting
• Contractor is subject to annual fiscal monitoring by the County or the County’s qualified designee.
• A Cost Report and all supporting documentation must be submitted within sixty (60) days of the expiration date of this agreement. Supporting documentation may include but is not limited to trial balance, general ledger, and revenue and expenditure report.

As required by the State, the Cost Report shall be based on actual costs and will be used by the County for management information and planning purposes. Contractor should be prepared to provide documentation of costs, including justifying indirect/overhead costs.
• Contractor will be asked to provide a complete set of latest annual audited financial statements.

EXHIBIT D

DEBARMENT CERTIFICATION
07/01/24 – 06/30/2027
Mahon Creek Path Area (MCA) Encampment