HomeMy WebLinkAbout40 Prado 2023-24AGREEMENT FOR OPERATIONAL ASSISTANCE AT 40 PRADO HOMELESS
SERVICES CENTER DURING FISCAL YEAR 2023-2024
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”), collectively referred to as the “Parties.”
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 6, 2023, the City approved its 2023-25 Financial Plan, allocating $480,652 in General
Fund monies to CAPSLO for Fiscal Years 2023-24 and 2024-25 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 40 Prado
Safe Parking, as described in Exhibit “D” (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, the Contractor is qualified to perform this type of service and is the operator of the 40 Prado
Homeless Services Center; and
WHEREAS, the Parties wish to extend their partnership and execute a new agreement in light of the City’s
updated budget for Fiscal Year 2023-2024 and in contemplation of a modified scope of services.
NOW THEREFORE, it is mutually agreed between the parties hereto, as follows:
1. TERM. The term of this Agreement shall be from July 1, 2023, until June 30, 2024, unless extended
by mutual agreement of the parties.
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Agreement – CAPSLO Operation of 40 Prado Homeless Services Center
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 $238,826 for expenses and services
associated with the 40 Prado Homeless Services Center, including the 40 Prado capacity expansion, hotel voucher
program, safe parking program, and warming center in fiscal year 2023-2024; allocated as described below:
40 Prado Operational Support: $123,000
40 Prado Overnight Capacity Expansion: $63,826
40 Prado Hotel Voucher Program: $25,000
40 Prado Safe Parking Program: $17,000
Warming Center: $10,000
TOTAL: $238,826
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
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 St ates mail, postage
prepaid by registered or certified mail addressed as follows:
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Agreement – CAPSLO Operation of 40 Prado Homeless Services Center
City Timothea “Timmi” Tway, Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
C/O: Daisy Wiberg, Homelessness Response Manager
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.
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: _____________________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM:
By: ________________________________
J. Christine Dietrick, City Attorney
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Exhibit A: Scope of Services A | 1
Exhibit A
SCOPE OF SERVICES
1. The Contractor shall carry out the Project, which 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) Maintaining 128 shelter beds, including individual, family, emergency outreach, and recuperative
care beds.
d) 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.
e) Offering and managing the 40 Prado Safe Parking Program, allowing homeless persons a safe and
stable place to live while engaging in case management services to transition into housing.
f) Providing bus tokens to homeless persons to enable clientele to meet healthcare and other social
service programming needs.
g) Facilitating the hotel voucher program to provide individuals and families with hotel
accommodations and expand service capacity at 40 Prado Homeless Services Center.
2. During the term of this agreement, the Contractor shall submit quarterly progress and budget reports
to the Community Development Department, as set forth in Exhibit F. 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:
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.
3. During the term of this agreement, the Contractor shall develop a three-year operating plan that
includes a budget forecast, and, as resources allow, shall initiate a strategic planning process.
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Exhibit B: Use Permit 0413-2014 B | 1
Exhibit B
USE PERMIT 0413-2014
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Exhibit B: Use Permit 0413-2014 B | 2
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Exhibit B: Use Permit 0413-2014 B | 3
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Exhibit B: Use Permit 0413-2014 B | 4
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Exhibit C: Location of 40 Prado Safe Parking Program C | 1
Exhibit C
LOCATION OF 40 PRADO SAFE PARKING PROGRAM
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Exhibit D: Contract Performance Terms D | 1
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 40 Prado 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 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 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 household
members. Guests shall not be allowed.
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Exhibit D: Contract Performance Terms D | 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 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 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 F.
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.
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Exhibit D: Contract Performance Terms D | 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. Additionally, Contractor shall not deny or restrict access to
its facilities or services on the basis of race, religion, sex, sexual orientation, national origin or
ancestry, age, or physical or mental status of any person.
20. ADA Compliance. Contractor shall adopt policies and procedures, or maintain compliance with
existing policies and procedures, to provide reasonable accommodations pursuant to the Section
11135 of the Americans with Disabilities Act and the California Fair Employment and Housing
Act.
21. 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.
22. 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
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Exhibit D: Contract Performance Terms D | 4
23. 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.
24. 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.
25. 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.
26. 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) 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.
27. 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.
28. 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
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Exhibit D: Contract Performance Terms D | 5
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.
29. 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 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
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Exhibit D: Contract Performance Terms D | 6
35. 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.
36. 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
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
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Exhibit D: Contract Performance Terms D | 7
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.
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Exhibit E: CAPSLO Neighborhood Relations Plan E | 1
Exhibit E
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 40 Prado 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.
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• 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.
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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 as 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
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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.
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Exhibit F: Funding Report Template F | 3
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Exhibit F: Funding Report Template F | 4
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