Loading...
(a) All contracts between the City and shelter providers shall include provisions that require shelter providers to:
(1) treat all shelter clients equally, with respect and dignity, including in the application of shelter policies and the grievance process;
(2) provide shelter services in an environment that is safe and free of physical violence by ensuring that safety protocols are in place that include training to shelter staff regarding de-escalation techniques;
(3) provide liquid soap with a dispenser permanently mounted on the wall in the restrooms; shower stalls with working hot and cold water controls; small individual packets of liquid soap, or small bar soap for use by one individual only,;1
paper towels or hand towels, hand sanitizers, and at least one bath-size (at least 24 inches × 48 inches) towel to shelter clients and staff in each bathroom; if hand dryers are currently installed they shall be maintained in proper working condition; in addition, shelters shall provide toilet paper in each bathroom stall and hire janitorial staff to clean the shelters on a daily basis;
(4) provide feminine hygiene and incontinence supplies upon request;
(5) comply with current City policy set forth in the San Francisco Environment Code, including the requirements set forth in Chapter 3 (the Integrated Pest Management Code) and Chapter 2 (the Environmentally Preferable Purchasing Ordinance) to ensure that shelter operators use products that are least harmful to shelter clients, staff, and the environment;
(6) ensure that first aid kits, CPR masks, and disposable gloves are available to staff at all times and make Automatic External Defibrillators (AED) available to staff in compliance with all regulatory requirements of state and local law relating to the use and maintenance of AEDs;
(7) supply shelter clients with fresh cold or room temperature drinking water at all times during normal operating hours;
(8) provide shelter services in compliance with the Americans with Disabilities Act (ADA), including but not limited to:
(A) appropriate and secure storage of medication;
(B) the provision of accessible sleeping, bathing, and toileting facilities in previously designated ADA compliant shelters. Sleeping areas designated as accessible shall comply with Federal and State law requiring a minimum of 36 inches of passing space for any side of a sleeping unit that is not up against a wall or partition, and a sleeping surface height between 17-19 inches above the finished floor. In consultation with the contracting City department, and based on a history of previous usage, shelter providers shall designate an adequate number of accessible sleeping units to meet the needs of shelter clients requiring such facilities due to a mobility disability; and
(C) reasonable modifications to shelter policies, practices, and procedures.
(D) In addition, shelters shall provide orientation to new shelter clients that includes information on shelter rules and a referral to case management services and shall ensure case management services go to those shelter clients most in need of case management services. This information shall be made accessible to shelter clients with disabilities through the use of appropriate auxiliary aids and/or services, such as large print for clients with visual impairments or ASL interpreting for deaf or hard of hearing clients. The City shall provide equal access to shelter clients with disabilities without regard to whether they accept auxiliary aids;
(9) engage a nutritionist, who shall review and advise on all meal plans, including meal plans for children and pregnant women and post menus on a daily basis;
(10) make dietary modifications to accommodate requests from clients based on religious beliefs and practices, health, or disability reasons;
(11) comply with Article 19F of the San Francisco Health Code that prohibits smoking in homeless shelters;
(12) provide shelter clients with one clean blanket; two clean sheets, or, if clean sheets are unavailable, two clean blankets; and one pillow enclosed in a plastic or vinyl sleeve with a clean pillowcase; and to clean all sheets at least once per week and upon client turnover;
(13) make the shelter facility available to shelter clients for sleeping at least 8 hours per night;
(14) provide daytime access to beds in all 24-hour shelters;
(15) provide shelter clients with pest-free, secure property storage inside each shelter. Shelter staff shall provide closable plastic bags to clients for storage purposes. If storage inside a shelter is unavailable, the shelter provider may provide free, pest-free storage off-site as long as the off-site storage is available to the shelter client up until the time of evening bed check;
(16) provide shelter clients with access to electricity for charging their cell phones and other durable medical equipment for clients with disabilities;
(17) note in writing and post in a common area in the shelter when a maintenance problem will be repaired and note the status of the repair;
(18) provide access to free local calls during non-sleeping hours, including TTY access and amplified phones for clients who are deaf or hearing-impaired;
(19) provide a minimum of 22 inches between the sides of sleeping units, excluding designated ADA-accessible sleeping units and sleeping units separated by a wall or partition;
(20) provide all printed materials produced by the City and shelters in English and Spanish and other languages upon request and ensure that all written communications are provided to clients with sensory disabilities in alternate formats such as large print, Braille, etc. upon request;
(21) communicate with each client in the client’s primary language or provide professional translation services, including but not limited to American Sign Language interpretation; however, children or other clients may be asked to translate in emergency situations. Signage regarding the availability of translation services shall be posted in the language(s) spoken by a Substantial Number of Limited English-Speaking Persons, as required by Chapter 91 of the Administrative Code;
(22) provide at least one front line staff at each site that is bilingual in English and Spanish;
(23) ensure that each shelter has an emergency disaster plan that requires drills on a regular basis and that, in consultation with the Mayor’s Office on Disability, includes specific evacuation devices and procedures for people with disabilities;
(24) locate an alternative sleeping unit for a client who has been immediately denied shelter services after 5:00 p.m., unless the denial of service was for acts or threats of violence;
(25) require all shelter staff to wear a badge that identifies the staff person by name and position;
(26) ensure that all clients receive appropriate and ADA-compliant transportation services, to attend medical appointments, permanent housing appointments, substance abuse treatment, job-search appointments and job interviews, mental health services, and shelter services;
(27) provide public notification at least 24 hours in advance of on-site, community meetings;
(28) provide clients with access to free laundry services with hot water and a dryer that reaches a temperature between 120-130 degrees Fahrenheit, on or off site;
(29) agree to comply with the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal-OSHA) General Industry Safety Orders regarding Bloodborne Pathogens (8 CCR 5193, as amended from time to time) and its Injury and Illness Prevention Program (8 CCR 3203, as amended from time to time), including but not limited to applicable requirements regarding personal protective equipment, universal precautions, and the development of an exposure control plan, as defined therein; and,
(30) in consultation with the City, provide annual all-staff mandatory trainings, appropriate for each shelter position, that address Cal-OSHA regulatory requirements listed in subsection (29), above, as well as the following topics:
(i) hand washing requirements and other communicable disease prevention;
(ii) proper food handling and storage;
(iii) emergency procedures in case of disaster, fire, or other urgent health or safety risk, including but not limited to CPR requirements;
(iv) safe and appropriate intervention with violent or aggressive shelter clients, including training on the harm reduction model in dealing with substance abuse;
(v) safe and appropriate interaction with shelter clients who suffer from mental illness or substance abuse;
(vi) on-the-job burn-out prevention;
(vii) requirements under the ADA, in collaboration with the Mayor's Office on Disability and the City Attorney's Office;
(viii) policies and procedures explained in shelter training manuals; and
(ix) cultural humility, including sensitivity training regarding homelessness, the lesbian, bisexual, gay, and transgender communities, people with visible and invisible disabilities, youth, women, and trauma victims.
(b) In addition, every contract covered by this Article XIII shall contain a provision in which the shelter provider agrees:
(1) to be liable to the City for liquidated damages as provided in this Article;
(2) to be subject to the procedures governing enforcement of breaches of contracts based on violations of contract provisions required by this Article as set forth in this section;
(3) that the contractor's commitment to comply with contractual obligations that this Article imposes is a material element of the City's consideration for this contract; that the failure of the contractor to comply with such obligations will cause harm to the City and the public that is significant and substantial but extremely difficult to quantify; and that the assessment of liquidated damages of up to $250.00 made pursuant to the liquidated damages schedule referred to in section 20.406(b)(1) below for every unmitigated failure to comply with such obligations is a reasonable amount of damages to redress the harm to the City caused by such obligations;
(4) that the failure of contractors to comply with contract provisions that this Article requires may result in debarment and monetary penalties set forth in Sections 6.80 et seq. of the San Francisco Administrative Code, as well as any other remedies available under the contract or at law; and
(5) that in the event the City brings a civil action to recover liquidated damages for breach of a contract provision required by this Article and prevails, the contractor will be liable for the City's costs and reasonable attorneys fees.
(c) All contracts between the City and shelter providers shall include provisions for operational standards, which include but are not limited to the following:
(1) the extent of on-site management of the facility in terms of staff numbers 24 hours a day;
(2) a security plan that will be in place during the hours of operation;
(3) a sidewalk maintenance plan indicating that the facility staff will maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance with the Department of Public Works Streets and Sidewalk Maintenance Standards in Section 706 of the Public Works Code;
(4) a plan for signage indicating that the facility will display well-lit notices at all entrances to and exits from the establishment urging clients leaving the premises and neighborhood to do so in a quiet, peaceful and orderly fashion and to please not loiter or litter.
(d) The Board of Supervisors recognizes that amendments to this Article will have a material effect on the existing shelters whose contracts with the City require the City to pay the shelter providers a certain negotiated amount for services offered at each shelter. This legislation1
These amendments may reduce the number of beds available in some shelters. In addition this legislation will1
and/or impose obligations on shelter providers that exceed their obligations under their existing agreements with the City and therefore increase their operating costs. City officials and shelter providers base their budgetary assumptions and contracting decisions on factors that existed before this legislation existed1
upon existing requirements. Therefore, the Board of Supervisors authorizes each City department overseeing contracts affected by this legislation to negotiate amendments to existing contracts to reflect these changes so long as current contract amounts are not reduced.
CODIFICATION NOTE
1. So in Ord. 277-24.
(a) Each shelter shall provide client complaint forms in common areas of the shelter and shall make a complaint form available to a shelter client upon request. In addition, shelter staff must accept and investigate written client complaints from the Shelter Monitoring Committee. Shelter staff shall acknowledge receipt of the client complaints within two business days. Shelter staff shall review and respond to written client complaints within five business days. If the client is not satisfied with the response, the shelter provider shall refer the complaint to the program manager and to the Shelter Monitoring Committee. The Shelter Monitoring Committee shall investigate these complaints, if requested by the client, within 10 business days of the request and shall provide the shelter provider with an opportunity to respond to the allegations. The Shelter Monitoring Committee shall also forward the results of its investigation to the Director, who shall comply with Section 20.406(a) below within 45 days.
(b) The Director,1
may promulgate appropriate guidelines or rules for the enforcement of the shelter provider’s contractual obligations imposed pursuant to this Article XIII. Such guidelines or rules may establish procedures for ensuring fair, efficient, and cost-effective implementation of these obligations, including mechanisms to monitor contractor compliance and to determine whether a contractor has failed to comply with its contract obligations set forth in Section 20.404, above.
(c) Committee teams conducting site visits may initiate investigations into alleged violations of contractual obligations imposed by this Chapter and shall forward a request for a full investigation to the full Shelter Monitoring Committee.
(Added by Ord. 50-08, File No. 071518, App. 3/28/2008; Ord. 131-10, File no. 100437, App. 6/24/2010; amended by Ord. 277-24, File No. 240871, App. 12/12/2024, Eff. 1/12/2025)
CODIFICATION NOTE
(a) Where the Director, after providing the contractor with the opportunity to respond to the alleged violation, determines that a contractor failed to comply with the provisions of this Article XIII, the Director shall provide written notice to the contractor and the program manager as follows:
(1) the factual basis for the determination;
(2) the corrective action plan that the contractor must take to remedy the violation;
(3) the amount of liquidated damages that the Director has assessed for the contractor’s violation of this Article;
(4) notice that the contractor has 15 days to either follow the required corrective action plan, including payment of liquidated damages, or to file an appeal consistent with subsection (5), below;
(5) that the contractor has the right to appeal the Director’s final determination, including the assessment of liquidated damages and the amount assessed, to an arbitration panel appointed by the Director, but that the contractor must file any such appeal in writing with the arbitration panel within 15 days of the date of the issuance of the City’s determination and that a contractor’s failure to exhaust this administrative remedy will bar subsequent judicial action challenging the City’s determination;
(6) that if the contractor fails to follow the corrective action plan or file an appeal in writing with the arbitration panel within 15 days as set forth above, the Director’s determination shall be the City’s final and binding decision which the City may enforce in a court of law, and
(7) that the contractor must comply with the decision within 5 business days of the City’s decision becoming final, including payment of liquidated damages, if any, together with simple annual interest of 10% from the date that payment should have been made.
(b) (1) Liquidated damages in the maximum amount set forth in this Section 20.406 are a reasonable estimate of harm to the City caused by the contractor’s non-compliance with contract provisions required by this Article. The Director may determine that less than the full amount is warranted depending on the circumstances of each case. The Director shall adopt a schedule for liquidated damages based on the degree of harm that the violation causes, the number of days the violation occurs, and the number of shelter clients affected by the violation. In addition, the Director shall consider the following factors in determining the amount of liquidated damages, if any, to impose against a contractor who fails to comply with contract provisions required by this Article:
(A) the size of the contractor’s business;
(B) the contractor’s good faith efforts to comply with contract provisions required by this Article;
(C) the gravity of the violation;
(D) whether the contractor has a history of violations of contract provisions required by this Article;
(E) whether the contractor has failed to comply with recordkeeping requirements imposed by contract provisions under this Article; and
(F) whether the imposition of liquidated damages would undermine the purpose of this Article by imposing unreasonable financial burdens on the contractor, thereby imperiling the contractor’s ability to continue complying with contract provisions required by this Article.
(c) (1) 15 days after receiving an appeal from the Director’s final determination, the arbitration panel shall notify the Shelter Monitoring Committee, the program manager, the shelter provider, the Director, and/or their respective counsel or authorized representative of the appeal. The arbitration panel may assign a hearing officer within the panel to collect and review evidence and to make recommendations to the full arbitration panel, but the full arbitration panel must issue written findings and orders consistent with subsection (c)(4), below.
(2) The arbitration panel shall promptly set a date for a hearing. The hearing must commence within 45 days of the notification of the appeal to the arbitration panel and conclude within 75 days of such notification, not including the issuance of a decision, unless all parties agree to an extended period. If a contractor appeals the Director’s initial determination but fails to attend a hearing set under this subsection (c)(2), the Director’s initial determination shall become final.
(3) The Director shall have the burden of producing evidence demonstrating the contractor’s violation of contract provisions required by this Article and warranting imposition of liquidated damages. The contractor shall have the right to present evidence on its behalf in response to any alleged violation of contract provisions required by this Article.
(4) Within 30 days of the conclusion of the hearing, the arbitration panel shall issue a written decision affirming, modifying, or vacating the City’s determination relating to the violation of the contract obligations that this Article imposes, the corrective action that the contractor must take to remedy any violation, and the amount of liquidated damages to be assessed, if any. The arbitration panel’s decision shall consist of findings and a determination, which shall be the City’s final decision.
(5) The contractor shall comply with the arbitration panel’s decision, including the pay- ment of liquidated damages, within 5 business days of service of the decision. Service shall be made by first class mail to the contractor’s address of record. Failure to pay liquidated damages within the time specified in this ordinance shall result in interest on the unpaid damages at the simple annual interest rate of 10% from the day that such damages were due.
(6) The contractor may seek review of the arbitration panel’s decision only by filing in the San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, section 1094.5, as may be amended from time to time.
(7) When a contractor fails to take corrective action or pay damages within the time required by the provisions of this section, the City may immediately pursue all available remedies against the contractor for breach of contract, including debarment proceedings where applicable and filing a civil action to recover liquidated damages due under this Article.
(8) The failure of the City to comply with the time requirements of this section shall not cause the City or the arbitration panel to lose jurisdiction over an appeal from the City’s deter- mination filed under this section.
(d) Liquidated damages obtained pursuant to contract provisions required by this Article shall be deposited in the City’s general fund.
(Added by Ord. 50-08, File No. 071518, App. 3/28/2008; amended by Ord. 277-24, File No. 240871, App. 12/12/2024, Eff. 1/12/2025)
If any section, subsection, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court or federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Added by Ord. 50-08, File No. 071518, App. 3/28/2008)
In undertaking the adoption and enforcement of this Article, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its commissions, departments, officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 50-08, File No. 071518, App. 3/28/2008)
Title. | |
Definitions. | |
Annual Reports by Contractors. | |
Encouraged Reporting. | |
Annual Reports by Departments. | |
Incorporation by Reference. | |
Nondisclosure. | |
Enforcement. | |
No Conflict with Federal Law, State Law, Grants, or Subventions. | |
Loading...