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HomeMy WebLinkAbout40 Prado - 2023AGREEMENT FOR OPERATIONAL ASSISTANCE AT 40 PRADO HOMELESS SERVICES CENTER AND SAFE PARKING PROGRAMS DURING FISCAL YEAR 2022-2023 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, historically, the City has provided financial assistance to the Contractor to support program activities and safe parking programs for homeless individuals receiving services at the 40 Prado Homeless Services Center; and WHEREAS, on June 1, 2021, the City approved its 2021-23 Financial Plan, allocating $207,326 in General Fund monies to CAPSLO for Fiscal Years 2021-22 and 2022-2023 to assist with funding and daily operations of the 40 Prado Homeless Services Center facility in order to support program activities for the homeless, including safe parking, as described in Exhibit “F” (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 homeless shelter and safe parking program at the 40 Prado Homeless Services Center facility, including 7 spaces in the facility’s parking lot for safe parking, as shown in Exhibit “C”; and WHEREAS, An August 18, 2020, the City Council adopted Resolution No. 11149 aff irming actions of the Emergency Services Director by Emergency Services Director Proclamation No. 5, which was adopted on August 7, and finding that emergency measures were necessary to support and facilitate the expansion of safe parking facilities for unhoused persons to minimize exposure of COVID-19 and protect the public health, safety and welfare, and subsequently allowed for the Community Development Director to establish expanded safe parking for 35 parking spaces on the Railroad Corridor at 950 High Street and 1940 Santa Barbara Street, as shown in Exhibit “D” and programed in conjunction with the safe parking spaces at 40 Prado as shown in Exhibit “E” and “F”; and WHEREAS, the Contractor is qualified to perform this type of service and is the operator of the 40 Prado Homeless Services Center; and NOW THEREFORE, it is mutually agreed between the parties hereto, as follows: DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 2/27/2023 | 4:54 PM PST Agreement – CAPSLO Operation of 40 Prado Homeless Services Center 1. TERM. The term of this Agreement shall be from July 1, 2022 until June 30, 2023 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 not to exceed a total of $207,326 for expenses and services associated with the 40 Prado Homeless Services Center, including safe parking programs, in fiscal year 2022-2023; allocated as described below: 40 Prado Operational Support: $123,500 40 Prado Overnight Capacity Expansion: $63,826 40 Prado Safe Parking Program: $10,000 Warming Center: $10,000 TOTAL: $ $207,326 The City shall also provide in-kind bus tokens, not to exceed 750 tokens per month for a total of 9,000 tokens per fiscal year or $14,000 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. 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Agreement – CAPSLO Operation of 40 Prado Homeless Services Center performance terms as set forth in Exhibit E and the Neighborhood Relations Plan set forth in Exhibit G, 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 Contactor Elizabeth “Biz” Steinberg, Chief Executive Officer Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) 1030 Southwood Drive San Luis Obispo, CA 93401 Attn: Lawren Ramos, Community Services Program 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. 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Agreement – CAPSLO Operation of 40 Prado Homeless Services Center IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CONTRACTOR By: _____________________________________ Elizabeth “Biz” Steinberg, Chief Executive Officer CITY OF SAN LUIS OBISPO, A Municipal Corporation By: _____________________________________ Michael Codron, Community Development Director APPROVED AS TO FORM: By: ________________________________ J. Christine Dietrick, City Attorney DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit A: Scope of Services A | 1 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, case management, and overnight 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 Safe Parking Programs at 40 Prado and Railroad Square, allowing homeless persons a safe and stable place to live while engaging in case management services to transition into 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. Reports shall be submitted via email by the 15th of the month on the following annual schedule: October (Quarter 1), January (Quarter 2), April (Quarter 3), July (Quarter 4). Quarterly reports shall include the following information (template included as Exhibit H): a) Budget Overview – provide data on the quarterly budget, expenses, and balance remaining. b) Participant Data – provide data on the total participants served, total new participants, and total housing offers made each quarter. c) Accomplishments – list completed tasks, milestones, and other deliverables including date or date range when accomplishment was reached. d) Barriers & Corrective Actions – list any barriers encountered and the corrective actions that were taken or are planned to be taken. e) Other Notes & Updates – provide any other applicable notes or updates that impact the quarterly objectives. f) Quarterly Expenses – summary of quarterly expenses, including program allocations for 40 Prado Homeless Services Center and 40 Prado Safe Parking Program. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit B: Use Permit 0413-2014 B | 1 Exhibit B USE PERMIT 0413-2014 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit B: Use Permit 0413-2014 B | 2 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit B: Use Permit 0413-2014 B | 3 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit B: Use Permit 0413-2014 B | 4 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit C: Location of 40 Prado Safe Parking Program C | 1 Exhibit C LOCATION OF 40 PRADO SAFE PARKING PROGRAM DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit D: Location of Railroad Safe Parking Program D | 1 Exhibit D LOCATION OF RAILROAD SAFE PARKING PROGRAM DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 1 Exhibit E 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-1 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 40 Prado Safe Parking Program as described in Exhibit G. 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 40 Prado 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 ensure 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 40 Prado Safe Parking 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 includ e 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 household members. Guests shall not be allowed. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 2 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 immed iately 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 40 Prado Homeless Services parking lot. 8. Program Participant Information. At all times, Contractor shall maintain a roster of the names and vehicle license numbers of each 40 Prado Safe Parking Program Participant who is authorized to park overnight in the parking lot. 9. Reporting. Contractor shall include 40 Prado Safe Parking Program data on the quarterly reports submitted to the Homelessness Response Manager, in conjunction with all other quarterly reporting requirements. Report shall identify: number of Program Participants served and data on incidents of non-compliance with program rules. Quarterly reports shall be submitted via email by the 15th of the month on the following annual schedule: October (Quarter 1), January (Quarter 2), April (Quarter 3), July (Quarter 4). Reporting template included as Exhibit H. 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. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 3 15. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 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). Invoices shall be submitted to the City’s Homelessness Response Manager within the Community Development Department for approval by the 15th of each month for services provided in the preceding month. Once approved, the City’s Community Development Department will submit invoices for payment. a. Withholding Payment i. The City shall have the right to withhold payment to Contractor under any of the following conditions, until the condition(s) have been resolved: ii. A disputed charge on an invoice submitted by Contractor iii. Contractor has failed or refused to furnish information requested in reporting requirements by the agreed upon due date iv. Contractor has failed to sufficiently document a payment request or invoice by the agreed upon due date 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. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 4 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. 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 5 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 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 6 shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall work scope. 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. 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 work scope. 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 work scope 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 work scope 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). DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 7 • 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 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. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit E: Contract Performance Terms E | 8 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. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 1 Exhibit F RAILROAD SAFE PARKING PROGRAM CONTRACT PERFORMANCE TERMS 1. Use of Parking Lot. Subject to the terms set forth below, Contractor may use up to 20 parking spaces at the San Luis Obispo Railroad Museum parking lot located at 1940 Santa Barbara Ave, San Luis Obispo, CA 93401, as shown in Exhibit D The parking will be designated for Railroad Safe Parking Program use between the hours of 7:00 p.m. and 7:00 a.m. for overnight parking of designated Program Participants of Contractor. At no time may Contractor authorize more than 20 vehicles to park overnight in the Railroad Safe Parking Program parking lot during program hours. 2. Neighborhood Relations Plan. Contractor shall implement the Neighborhood Relations Plan for the Railroad 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 Railroad 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 ensure on-going compatibility of the uses on the project site, conditions of approval may be added, de leted, modified, or the Use Permit may be revoked. 5. Written Agreement with Program Participants Required. Only Railroad Safe Parking 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 sign the Good Neighbor Policy rules at check-in. Case management is not required. Proof of insurance/registration is not necessary immediately but if a participant is accepted into the program they will need to work to obtain registration/insurance within a certain timeframe. Funding support is available to help obtain registration/insurance. Cars and oversized vehicles, including RVs, are allowed. b. Program Participants shall not use or possess any drugs or alcohol either on their person or their vehicle on Railroad Safe Parking Program property. c. Program Participants shall not possess any weapons or firearms of any kind in program vehicles or used or possessed at Railroad Safe Parking Program parking lot. 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 7:00 p.m. and 7:00 a.m. j. At least one Program Participant per vehicle shall possess a current driver’s license, vehicle DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 2 registration, and insurance for the vehicle that will be parked overnight. If program participant does not possess any or all of the required documents, steps must be taken to obtain those documents to continue participation in the program. 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 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 Railroad Safe Parking Program 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. Contractor shall notify City of any vehicle that is abandoned or inoperable in the Railroad Safe Parking Program lot. 8. Program Participant Information. At all times, Contractor shall maintain a roster of the names and vehicle license numbers of each Railroad Safe Parking Program Participant who is authorized to park overnight in the parking lot. 9. Reporting. Contractor shall include Railroad Safe Parking Program data on the quarterly reports submitted to the Homelessness Response Manager, in conjunction with all other quarterly reporting requirements. Report shall identify: number of Program Participants served and data on incidents of non-compliance with program rules. Quarterly reports shall be submitted via email by the 15 th of the month on the following annual schedule: October (Quarter 1), January (Quarter 2), April (Quarter 3), July (Quarter 4). Reporting template included as Exhibit H. 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 3 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. 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). Invoices shall be submitted to the City’s Homelessness Response Manager within the Community Development Department for approval by the 10th of each month for services provided in the preceding month. Once approved, the City’s Community Development Department will submit invoices for payment. a. Withholding Payment i. The City shall have the right to withhold payment to Contractor under any of the following conditions, until the condition(s) have been resolved: ii. A disputed charge on an invoice submitted by Contractor iii. Contractor has failed or refused to furnish information requested in reporting requirements by the agreed upon due date iv. Contractor has failed to sufficiently document a payment request or invoice by the agreed upon due date 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 4 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. 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 5 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 fr om 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 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 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 6 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 work scope. 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. 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 pr ovide 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 work scope. 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 work scope 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 work scope 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, employe es 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). DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 7 • 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 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, reduce d 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. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit F: Railroad Safe Parking Program Contract Performance Terms F | 8 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. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit G: CAPSLO Neighborhood Relations Plan G | 1 Exhibit G CAPSLO NEIGHBORHOOD RELATIONS PLAN GOOD NEIGHBOR POLICY Between Homeless Services Center And The Community of San Luis Obispo Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO), which operates the Homeless Services Center (HSC) located at 3451 South Higuera Street, San Luis Obispo, is a non-profit organization that provides comprehensive housing and supportive services for homeless and formerly homeless people in the county of San Luis Obispo. The goal of CAPSLO’s HSC is to provide a place that is safe and engaging while at the same time is not enabling of long-term homelessness. 1. Definitions Community of San Luis Obispo- sometimes referred to herein just as “community”, consists of residents, businesses and other community members who live, work, or visit the area. Immediate neighborhood- residences and businesses roughly within a half mile radius surrounding the HSC. Community Collaboration Partnership- the intentional, regular and ongoing communication between the community, City of San Luis Obispo, including, but not limited to, its Police and Fire Departments, the County of San Luis Obispo, including, but not limited to, its Health and Human Services Department and Sherriff’s Department, and HSC staff. The synergistic dialogue between the listed agencies, departments and community will significantly increase HSC’s ability to appropriately respond to clients who breach the HSC’s Code of Conduct, set forth below, or are engaged in illegal activity within the immediate neighborhood and/or community. 2. Mutual Goals All parties in this agreement share common goals, which include: • Maintaining a peaceful, safe, and clean neighborhood and community. • Sharing open and honest communication. • Helping each other address concerns and solve problems. • Offering public service for the benefit of the neighborhood and community. • Respecting others and their property. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit G: CAPSLO Neighborhood Relations Plan G | 2 • Being a partner that actively works to help sustain the overall surroundings and economic environment of the immediate neighborhood. In order to accomplish these goals, all parties are united in support of the commitments described below. 3. Safety Safety and security are essential for residents to live peacefully and free from harm, and for neighborhoods to remain desirable and attractive. In order to promote safety and security for all residents of the immediate neighborhood and community: HSC Staff will: • Ensure an HSC contact is available twenty-four (24) hours a day and seven (7) days a week to address community issues as they occur. This will provide connectivity between immediate neighborhood and community members and HSC staff. All calls and the method used to resolve issues will be documented. The 24/7 hotline number will be publicized. • Promptly investigate all concerns regarding client behavior expressed by neighbors or community members. • Establish a block watch program in conjunction with the neighbors, the City Police Department and other neighboring business and residents. • Prohibit clients from engaging in loitering, alcohol or drug use and pan handling within the immediate neighborhood and community. • Strictly enforce the Code of Conduct/Behavior with all clients. • Contact the San Luis Obispo Police or Fire Department immediately in all emergencies. 4. Property In order to respect the immediate neighborhood and maintain the property at the highest possible values: HSC staff will: • Maintain the building and grounds in good condition at all time. • Keep the building, property, landscaping and adjacent public rights-of-way neat and free from trash and debris at all times. • Maintain an unobtrusive well lit and secure facility and grounds as required by the City of San Luis Obispo Conditional Use Permit. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit G: CAPSLO Neighborhood Relations Plan G | 3 5. Code of Conduct Conduct that is respectful of others contributes to the peaceful enjoyment of life in the community. Individuals have the freedom to act as they please, so long a s those actions are lawful, and do not harm others or infringe upon their rights. The Code of Conduct (“Code”), set forth below, will be displayed and provided to the immediate neighborhood. It is understood that enforcement of the Code will be a collaborative effort between the Community Collaboration Partnership and the HSC, especially when violations of the Code occur offsite, in the immediate neighborhood and/or community. The HSC staff is responsible for informing all of its clients of the Code. Violations of the Code will result in consequences ranging from written warnings to suspension from program services. • Clients shall enter into a contract (“client contract”) committing to adhere to this Code and transition into permanent housing. • Clients will adhere to program rules that encourage respect for others and prescribe lawful behavior for program clients. • Clients shall not engage in illegal behaviors in the immediate neighborhood or community. Engagement in illegal behaviors in the immediate neighborhood or community will result in consequences ranging from written warnings to suspension from program services. • Clients shall not engage in loitering, aggressive pan handling or camping in the immediate neighborhood or community. • Clients shall not illegally park vehicles of any type, including bicycles, in the immediate neighborhood or community. • Clients shall not litter in and around the HSC. Meals provided at HSC may not be taken off the HSC property by clients. • All clients suspended from services, dependent on the nature of their suspension, shall be referred to appropriate services (i.e. County Health and Human Services) • Clients who violate the Code or client contract shall receive the appropriate consequences set forth in the client contract. 6. Communication It is important to develop and maintain good communication and a positive relationship between HSC and the immediate neighborhood and community. In order to promote communication between the HSC, the immediate neighborhood and community, the HSC staff will: • Meet with neighbors quarterly, on a regularly scheduled basis to review HSC the resolution process set forth below, programs, outcomes, policies, procedures, progress reports, and written responses regarding resolution of DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit G: CAPSLO Neighborhood Relations Plan G | 4 repeated issues, problems, or patterns of behavior that cause the immediate neighborhood or community. The regularly scheduled meeting time, day of the week and week of the month will be posted on the HSC’s website and the HSC will provide an email list serve that will send out meeting reminders to all interested neighbors. • Respond promptly to all concerns expressed by neighbors and community members in the following manner: • Provide neighbors with a contact person from HSC/CAPSLO for communication. (1) upon notification of a concern, HSC staff will first determine if the concern is an emergency (defined as a grave or imminent threat to the health or safety of any person), in which case, law enforcement or rescue services will be contacted as appropriate, as well as the HSC supervisor on call; (2) staff will then notify the concerned community member of the initial plan for response and a suggested time frame for follow-up; (3) if HSC staff determines the concern is not an emergency, HSC staff will contact an HSC supervisor within twenty-four (24) hours to discuss the concern; (4) the HSC supervisor will review the issue, interview all persons involved, and gather additional information as needed to develop a plan to resolve the concern within five business days; and, (5) the HSC supervisor will then follow-up with the concerned community member and involved parties as necessary within five (5) business days (sooner if possible), and advise all parties of the resolution plan and/or status of the investigation to resolve the issue, within the boundaries of confidentiality. • Meet regularly with Community Collaboration Partners to review reports, issues and policies. • Document all complaints and concerns, including responses to problems and outcomes to responses, and provide a summary report to the neighbors, in aggregate data; and • Notify the neighbors of major changes proposed to the program or facility, and seek advice with regard to implementation. 7. Changes to Agreement This agreement may be changed or modified from time to time upon mutual agreement of CAPSLO and a public process with its neighbors. DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit H: Funding Report Template H | 1 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit H: Funding Report Template H | 2 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit H: Funding Report Template H | 3 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26 Exhibit H: Funding Report Template H | 4 DocuSign Envelope ID: 08BCF152-6D6E-4075-9896-81991C73AA26