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HomeMy WebLinkAbout40 Prado Amendment 5-26-2021AMENDMENT TO AGREEMENT NO. 1 THIS AMENDMENT TO AGREEMENT 1 is made and entered in the City of San Luis Obispo on __________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO COUNTY, INC., (hereinafter referred to as “Contractor” AND “CAPSLO”). WITNESSETH: WHEREAS, on June 2, 2020 the City entered into an Agreement with CAPSLO to assist with the funding and daily operations of the 40 Prado Homeless Services Center facility in order to support program activities for homelessness (Local Emergency Order and Regulation No. 4 (2020 Series)); (the “Agreement”), attached as Exhibit A, and: WHEREAS, the City and CAPSLO desire to amend the Agreement to increase overnight shelter capacity by 25% at the 40 Prado Homeless Services Center facility totaling 124 beds for use in the program and CAPSLO has submitted a proposal for this purpose that is acceptable to the City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. The Agreement is hereby amended to add $10,633.41 for two (2) months of service provision as set forth by the 12-month cost estimate listed in Exhibit B attached hereto. 2.All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above. CITY OF SAN LUIS OBISPO Contractor ____________________________________________________________________ Department Head AMENDED AGREEMENT FOR OPERATIONAL ASSISTANCE AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 Exhibit A SCOPE OF SERVICES _________________________________________________________________________ AGREEMENT FOR OPERATIONAL ASSISTANCE AND SAFE PARKING PROGRAM AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 THIS AGREEMENT is made and entered into in the City of San Luis Obispo on ____________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO COUNTY, INC., (hereinafter referred to as “Contractor” and “CAPSLO”). W I T N E S S E T H: WHEREAS, on June 2, 2020, the City approved its 2020-21 Financial Plan Supplement, allocating $157,000 in General Fund monies to CAPSLO for Fiscal Year 2020-21 to assist with funding and daily operations of the 40 Prado Homeless Services Center facility in order to support program activities for the homeless as described in Exhibit A (hereinafter referred to as the “Project”); and WHEREAS, on December 10, 2014, the Planning Commission approved Use Permit 0413-2014, described in Exhibit B, which allows Contractor to operate a safe parking program at the 40 Prado Homeless Services Center facility, including 7 spaces in the facility’s parking lot, as shown in Exhibit C; and WHEREAS, historically, the City has provided financial assistance to the Contractor to support program activities and safe parking programs for the homeless at the 40 Prado Homeless Services Center; and WHEREAS, the Contractor is qualified to perform this type of service and is the operator the 40 Prado Homeless Services Center; and NOW THEREFORE, it is mutually agreed between the parties hereto, as follows: 1.TERM. The term of this Agreement shall be from July 1, 2020 until June 30, 2021 unless extended by mutual agreement of the parties. 2.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay, and Contractor shall receive compensation in a total sum no t to exceed a total $157,000 for expenses and services associated with the 40 Prado Homeless Services Center in fiscal year 2020-21. The total amount is fixed and should not exceed the allocations described below: Safe Parking Program: $10,000 Warming Center: $10,000 Bus Tokens: $13,500 40 Prado Operational Support: $123,500 TOTAL: $157,000 EXHIBIT B Agreement – CAPSLO Operation of 40 Prado Homeless Services Center The City shall provide in-kind bus tokens, not to exceed 750 tokens per month for a total of 9,000 tokens per fiscal year or $13,500 in value, compensated by the General Fund, to the Contractor for use with client programs, i.e. transportation to the homeless shelter, medical appointments, social services, etc. If Contractor is in need of more than 750 tokens in any given month, written approval needs to be obtained from the City. Contractor understands the transfer of token values is based on monthly ridership and that funds are ineligible to be reallocated for other services. 3.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit D and the Neighborhood Relations Plan set forth in Exhibit E, attached hereto and incorporated into this Agreement. 4.AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only as expressly provided herein or upon written approval by the Community Development Director of the City of San Luis Obispo. 5.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 6.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Michael Codron, Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Contractor Elizabeth “Biz” Steinberg, Executive Director Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) 1030 Southwood Drive San Luis Obispo, CA 93401 Attn: Grace McIntosh, Deputy Director Any party may change such address by notice in writing to the other party and therefore notices shall be transmitted to the new address. Agreement – CAPSLO Operation of 40 Prado Homeless Services Center 7.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on beh alf of each party is a person duly author ized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CONTRACTOR By: _____________________________________ Grace McIntosh, Deputy Director CITY OF SAN LUIS OBISPO, A Municipal Corporation By: _____________________________________ Michael Codron, Community Development Director APPROVED AS TO FORM By: ________________________________ J.Christine Dietrick, City Attorney AGREEMENT FOR OPERATIONAL ASSISTANCE AND SAFE PARKING PROGRAM AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 Exhibit A SCOPE OF SERVICES 1.The Contractor shall carry out the Project to the satisfaction of the City. The Project shall consist of the following: a)Operation of the 40 Prado Homeless Services Center for 12 months, providing shelter, meals, bathrooms, showers, laundry facilities, medical care, and case management services for homeless persons. b)Assisting a daily average of at least 100 homeless persons. c)Scheduling and coordinating a weekly average of at least 20 hours of health care or other services for homeless persons provided by organizations other than the Contractor. d)Offering and managing a Safe Parking Program allowing homeless persons a safe and stable place to live while engaging in case management services to transition in housing. e)Providing bus tokens to homeless persons to enable clientele to meet healthcare and other social service programming needs. 2.During the term of this agreement, the Contractor shall submit quarterly progress and budget reports to the Community Development Department. Incremental payments, as specified in the agreement, shall be subject to receipt of the reports. Contractor shall digitally submit all invoices to the City’s Accounts Payable Department at ap@slocity.org. AGREEMENT FOR OPERATIONAL ASSISTANCE AND SAFE PARKING PROGRAM AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 Exhibit B USE PERMIT 0413-2014 Exhibit B: Use Permit 0413-2014 Page B-2 Exhibit B: Use Permit 0413-2014 Page B-3 Exhibit B: Use Permit 0413-2014 Page B-4 AGREEMENT FOR OPERATIONAL ASSISTANCE AND SAFE PARKING PROGRAM AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 Exhibit C LOCATION OF SAFE PARKING PROGRAM AGREEMENT FOR OPERATIONAL ASSISTANCE AND SAFE PARKING PROGRAM AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 Exhibit D CONTRACT PERFORMANCE TERMS 1. Use of Parking Lot. Subject to the terms set forth below, Contractor may use up to 7 parking spaces at the 40 Prado Homeless Services Center facility parking lot as shown in Exhibit C between the hours of 4:45 p.m. and 8:30 a.m. for overnight parking of designated Program Participants of Contractor. At no time may Contractor authorize more than 7 vehicles to park overnight in the 40 Prado Homeless Services Center facility parking lot during program hours. 2. Neighborhood Relations Plan. Contractor shall implement the Neighborhood Relations Plan for the Safe Parking Program as described in Exhibit E. Any changes to the Neighborhood Relations Plan shall be to the approval of the Community Development Director. 3. Monitoring and Oversight. Contractor shall provide live, overnight monitoring and oversight of the Safe Parking Area with the use of on-site security cameras. Video shall be viewed regularly throughout the night hours by CAPSLO staff. 4. Complaints. The provided Use Permit shall be reviewed at a Planning Commission hearing if the City receives substantiated written complaints from any citizen, Code Enforcement Office, or Police Department Employee, which includes information and/or evidence supporting a conclusion that a violation of the use permit, or of City ordinances or regulations applicable to the property or the operation of the business has occurred. At the time of the Use Permit review, to insure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. 5. Written Agreement with Program Participants Required. Only Program Participants who have entered into a written agreement as described herein shall be allowed to use parking spaces overnight. The form of the written agreement and any modifications thereto between Contractor and Program Participants must be approved by the City and must include the following terms and conditions: a. Program Participants must be enrolled in self-sufficiency programs to facilitate the transition to more permanent housing and paired with a case manager. b. Program Participants shall not use or possess any drugs or alcohol either on their person or their vehicle on City property. c. Program Participants shall not possess any weapons or firearms of any kind in program vehicles or used or possessed on City property at 40 Prado Road. d. No fires of any kind shall be permitted on City property. e. No music may be played that is audible outside Program Participants’ vehicles. f. No cooking or food preparation shall be performed outside of the Program Participants’ vehicles. g. Camping tarps or equipment beyond the top of the Program Participant’s vehicle are prohibited. h. Only one vehicle is allowed per Program Participant at the site. i. Overnight parking is limited to program hours between 4:45 p.m. and 8:30 a.m. j. At least one Program Participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. Contractor shall keep a copy of all three on record. k. Utilities such as water, electricity or gas shall not be connected with RVs or other vehicles. l. Vehicles may only be occupied by Program Participants and approved registered Exhibit D: Contract Performance Terms Page D-2 household members. Guests shall not be allowed. m. Program participants and all approved registered household members who are eighteen and older who reside in the vehicle must sign an indemnification and waiver indemnifying and waiving all claims or causes of action against the City, including relocation benefits. The City will provide a standard indemnification and waiver form. n. Program Participants shall keep barking dogs in their vehicles and dogs demonstrating aggressive behavior shall not be permitted to be maintained on City property. Pets shall be kept on a leash at all times on the property. Animal waste shall be picked up immediately and disposed of properly. o. Program Participants shall comply with all local, state, and federal laws, rules and regulations. p. Failure of Program Participants to follow all program rules will result in immediate termination from the Project. 6. Authorized Vehicles Only. Contractor shall ensure that only vehicles registered in the program are parked overnight during program hours. Contractor must supply a parking permit to be displayed in vehicle windows in a form to be approved by the City to Program Participants who are authorized to use the parking lot. 7. Removal of Vehicles. Subject to the California Vehicle Code, upon notification by the City, Contractor shall immediately remove any vehicle abandoned or inoperable from the parking lot. 8. Program Participant Information. At all times, Contractor shall maintain a roster of the names and vehicle license numbers of each Program Participant who is authorized to park overnight in the parking lot. 9. Reporting. Contractor shall submit an annual report, to the approval of the Community Development Director. Report shall identify: number and demographics of Program Participants served and data on incidents of non-compliance with program rules. 10. Business Tax & License. Contractor must have a valid City of San Luis Obispo business license & tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 11. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 12. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 13. Payment of Taxes. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 14. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 15. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. Exhibit D: Contract Performance Terms Page D-3 16. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 17. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 18. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 19. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 20. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 21. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor (Net 30). 22. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 23. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 24. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. Exhibit D: Contract Performance Terms Page D-4 25. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or Exhibit D: Contract Performance Terms Page D-5 more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d)The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 26.Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 27.Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the- shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 28.Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 29.Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. Exhibit D: Contract Performance Terms Page D-6 30.Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 31.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 32.Required Deliverable Products. Contractor will provide one copy of the quarterly report that addresses all elements of the workscope. Any documents or materials provided by Contractor will be reviewed by City staff and, where necessary, Contractor will respond to staff comments and make such changes as deemed appropriate. 33.Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at various meetings to present and discuss its program activities, as necessary. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 34.Funding for Additional Services. Funding of any programs, projects, or services beyond the term of this Contract, by any new agreement or amendment or extension of this Contract, has not been authorized and will depend upon the City’s determination of satisfactory performance of this Contract by the Contractor and upon the availability to the City of additional funds allocated for such purposes. Neither the City nor any employee of the City has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to the Contractor for the purpose of this Contract over and above the funds expressly allocated under the terms of this Contract. 35.Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or sub-contractors. a.Minimum scope of insurance. Coverage shall be at least as broad as: •Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001, or the exact equivalent). •Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). •Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. •Errors and Omissions Liability insurance as appropriate to Contractor’s profession. b.Minimum limits of insurance. Contractor shall maintain limits no less than: •General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply Exhibit D: Contract Performance Terms Page D-7 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. If contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. c. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless otherwise acceptable to the Risk Manager. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. AGREEMENT FOR OPERATIONAL ASSISTANCE AND SAFE PARKING PROGRAM AT 40 PRADO HOMELESS SERVICES CENTER DURING FISCAL YEAR 2020-21 Exhibit E CAPSLO NEIGHBORHOOD RELATIONS PLAN Exhibit E: CAPSLO Neighborhood Relations Plan Page E-2