HomeMy WebLinkAbout05/16/1995, C-1 - CHANGES TO HOMELESS SHELTER AGREEMENT WITH THE ECONOMIC OPPORTUNITY COMMISSION (EOC) ��II��IINIVNI�II���� IIIIIIII � MEDATE
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Ken Hampian, Assistant City Administrative Officer w/
Prepared By: Deb Hossli, Administration W
SUBJECT: Changes to Homeless Shelter Agreement with the Economic Opportunity
Commission (EOC)
CAO RECOMMENDATION: Approve and authorize the Mayor to execute an amended
agreement with the EOC for homeless shelter services.
DISCUSSION:
The County recently advised the City that it will be necessary to make minor amendments to the
City's contract with the EOC for homeless shelter services. The changes are necessary to
accommodate U.S. Department of Housing and Urban Development (HUD) regulations. Now
that the City uses Community Development Block (CDBG) monies to fund the City's
contribution to the homeless shelter, we must comply with HUD regulations. The changes are
minor and merely clarify:
■ that the EOC will comply with HUD records management requirements.
■ that funding for the EOC is contingent upon receiving CDBG monies from the Federal
Government.
■ that the City's contribution to the homeless shelter is funded with monies from the CDBG
Program.
These changes have been incorporated into a new agreement with the EOC (See Attachment 1 -
0 proposed changes have been shaded).
CONCURRENCES:
The EOC concurs with the changes to the agreement as requested.by the County.
FISCAL IMPACT:
There is no fiscal impact associated with this request.
ATTACHMENTS:
1 - Agreement with EOC
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PROFESSIONAL SERVICES AGREEMENT
WITH THE ECONOMIC OPPORTUNITY COMMISSION
FOR HOMELESS SHELTER SERVICES
This agreement, made this _ day of , 1995 by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and
ECONOMIC OPPORTUNITY COMMISSION (hereinafter referred to as "Contractor").
WITNESSETH:
Whereas,the City desires to have shelter services available to homeless persons in our
community; and
Whereas, the City has committed to providing $120,000 per year over the next two
years (1993-95 Financial Plan) toward insuring that shelter services are available to
homeless persons in our community; and
Whereas, the contractor has demonstrated that it is capable of efficiently and
effectively providing shelter services to homeless in our community.
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NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto
agree as follows:
1. PROGRAM COORDINATION
A. City. The City Administrative Officer or his designated representative,
shall be the Project Manager representing the City for all purposes under
this agreement. He shall supervise the progress and execution of this
agreement.
B. Contractor. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for
Contractor. Gwen Guyre is hereby designated as the Project Manager
for Contractor. Should circumstances or conditions subsequent to the
execution of this agreement require a substitute Project Manager for any
reason,the Project Manager designee shall be subject to the prior written
acceptance and approval by City Project Manager.
2. DUTIES OF CONTRACTOR
A. Services to be furnished.
Page 2
EOC Agreement
1. The Contractor will provide the services as described in Exhibit 1
of this document.
B. Laws to be observed by Contractor.
1 . Procure all permits and licenses, pay all charges and fees, and give
all notices which may be necessary and incidental to the due and
lawful prosecution of the services to be performed by Contractor
under this agreement.
2. Keep itself fully informed of all existing and proposed federal,
state and local laws, ordinances, regulations, orders, and decrees
which may affect those engaged or employed under this
agreement, any materials used in Contractor's performance under
this agreement, or the conduct of the services under this
agreement.
3. At all times observe and comply with, and cause all of its
employees to observe and comply with all of said laws,
ordinances, regulations, orders, and decrees mentioned above.
4. Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to
any plans, drawings, specifications, or provisions of this
agreement.
C. Copies of reports and information. If City requests additional copies of
reports or any other materials in addition to what the Contractor is
required to furnish in limited quantities as part of this agreement,
Contractor shall provide such additional copies as are requested, and City
shall compensate Contractor for the costs of duplicating of such copies
at Contractor's direct expense.
D. Qualifications of Contractor. Contractor represents that it is qualified to
furnish the services described under this agreement.
E. Notwithstanding any representations, oral or written, between parties,
including any and all agents or representatives thereof, Contractor at all
times covered by the terms of this agreement is acting as a free and
independent contractor, not as any agent of the City.. Any and all
supervision and direction by any City official, department or body shall
Page 3
EOC Agreement
be only that necessary to provide broad general outlines, and Contractor
will use its own initiative and discretion in performing the details of work
herein.
F. All services provided by the Contractor listed within this agreement are
in addition and beyond those of any and all other contracts currently held
between the City and Contractor.
3. DUTIES OF CITY
City agrees to cooperate with Contractor and to perform work described hereto
and incorporated by this reference.
4. COMPENSATION
City shall pay to CONTRACTOR OF A TOTAL OF $240,000 for providing
services described in Exhibit "1". City shall provide funding in quarterly
installments of $30,000 on August 30, 1993; November 15, 1993; February
15, 1994; May 15, 1994; August 15, 1994; November 15, 1994; February
15, 1995; and May 15, 1995.
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5. TIME FOR COMPLETION OF THE WORK
Contractor will provide City with all services as described in Exhibit 1 from July
1, 1993 to June 30, 1995.
6. TEMPORARY SUSPENSION
The City Project Manager shall have the authority to suspend this agreement
wholly or in part, for such period as he deems necessary due to unfavorable
conditions or to the failure on the part of the contractor to perform any
provision of this agreement. Contractor will be paid the compensation due and
payable to the date of temporary suspension.
7. SUSPENSION; TERMINATION
A. Right to suspend or terminate. The City retains the right to terminate
this agreement for any reason by notifying Contractor in writing sixty
Page 4
EOC Agreement
(60) days prior to termination and by paying the compensation due and
payable to the date of termination; if this agreement is terminated for
fault of Contractor, City shall be obligated to compensate Contractor
only for that portion of Contractor services which are of benefit to City.
Said compensation is to be arrived at by mutual agreement of the City
and
Contractor and should they fail to agree, then an independent arbitrator is to
be appointed by mutual agreement and his decision shall be binding upon the
parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for City o
ascertain that the services of Contractor are being performed in accordance
with the requirements and intentions of this agreement. All work done and all
materials furnished, if any, shall be subject to the City's Project Manager's
inspection and approval. The inspection of such work shall not relieve
Contractor of any of its obligations to fulfill its agreement as prescribed.
9. NOTICE
All notices hereunder shall be given in writing and mailed, postage prepaid, by
Certified Mail, addressed as follows:
To Contractor: Economic Opportunity Commission
880 Industrial Way
San Luis Obispo, CA 93401
- Attention: Gwen Guyre
To City: City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Deb Hossli, Administrative Analyst
10. INTEREST OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not acquire any
interest direct or indirect financial or otherwise, which would conflict in any
manner or degree with the performance of the services hereunder. Contractor
further covenants that, in the performance of this agreement, no subcontractor
or person having such an interest shall be employed. Contractor certifies that
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Page 5
EOC Agreement
no one who has or will have any financial interest under this agreement is an
officer or employee of the City. It is hereby expressly agreed that, in the
performance of the services hereunder, Contractor shall at all times be deemed
- an independent contractor and not an agent or employee of the City.
11 . INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its officers,
agents, and employees:
A. Any and all claims and demands which may be made against City, its
officers, agents or employees by reason of any injury to or death of any
person or corporation caused by any negligent act or omission of
Contractor under this agreement or of Contractor's employees or agents;
B. Any and all damage to or destruction of the property of City, its officers,
agents, or employees, occupied or used by or in the care, custody, or
control of Contractor, or in proximity to the site of Contractor's work,
caused by any negligent act or omission of Contractor under this
agreement or of Contractor;
C. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death of or
damage suffered or sustained by any employee or agent of Contractor
under this agreement, however caused, excepting, however, any such
claims and demands which are the result of the negligence or willful
misconduct of City, its officers, agents, or employees;
D. Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any
permit, when said violation of any law or regulation or of any term or
condition of any permit is due to negligence on the part of the
Contractor.
Contractor, at its own costs, expense, and risk, shall defend any and all suits,
actions, or other legal proceedings that may be brought against or for
employees on any such claim or demand of such third persons, or to enforce
any such penalty, and pay and satisfy any judgement or decree that may be
rendered against City, its officers, agents, or employees in any such suit, action
or other legal proceeding, when same were due to negligence of the
Contractor.
Page 6
EOC Agreement
12. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor Code of the
State of California, which require every employer to be insured against liability
for workers compensation or to undertake self-insurance in accordance with the
provisions of that code, and it certifies that it will comply with such provisions
before commencing the performance of the work of this agreement.
13. INSURANCE
Contractor shall provide proof of insurance in accordance with Insurance
Requirements for Consultants as described in Exhibit "2" attached hereto and
incorporated herein by reference as though here fully set forth.
14. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall
bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
15. WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or
condition of this agreement or of any provision, ordinance, or law shall not be
deemed to be a waiver of any subsequent breach of violation of the same or of
any other term, covenant, condition, ordinance, or law. The subsequent
acceptance by either party of any fee or other money which may become due
hereunder shall not be deemed to be a waiver of any preceding breach or
violation by the other party of. any term, covenant, or condition of this
agreement or of any applicable law or ordinance.
16. COSTS AND ATTORNEY FEES
The prevailing party in any action between the parties to this agreement
brought to enforce the terms of this agreement or arising out of this agreement
may recover its reasonable costs and attorney's fees expended in connection
with such an action from the other party.
17. DISCRIMINATION
No discrimination shall be made in the employment of persons under this
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EOC Agreement
agreement because of the race, color, national origin, ancestry, religion, sexual
orientation, or sex of such person.
If Contractor is found in violation of the nondiscrimination provisions of the
State of California Fair Employment Practices Act or similar provisions of federal
law or executive order in the performance of this agreement, it shall thereby be
found in material breach of this agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to deduct
from the amount payable to Contractor the sum of Twenty-Five Dollars ($25)
for each person for each calendar day during which such person was
discriminated against, as damages for said breach of contract, or both. Only
a finding of the State of California Fair Employment Practices Commission or
the California Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of contract under this
paragraph.
If Contractor is found in violation of the nondiscrimination provisions of this
agreement or the applicable affirmative action guidelines pertaining to this
agreement, Contractor shall be found in material breach of the agreement.
Thereupon, City shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to Contractor the sum
of Two hundred Fifty Dollars ($250) for each calendar day during which
Contractor is found to have been in such noncompliance as damages for said
breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City
and Contractor and supersedes all prior negotiations, representatives, or
agreements either written or oral. This document may be amended only by
written instrument, signed by both City and Contractor. All provisions of this
agreement are expressly made conditions. This agreement shall be governed
by the laws of the State of California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day
and year first above written.
ECONOMIC OPPORTUNITY COMMISSION
BY
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EOC Agreement
CITY OF SAN LUIS OBISPO
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
WjrgesejniLty eorney
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EXHIBIT "1"
1. The Contractor will provide a fully staffed shelter for homeless persons that will
be open seven days per week, 52 weeks per year throughout the term of this
agreement.
2. The Contractor will provide sheltering services for up to 49 homeless persons
per night in accordance with the City's use permit requirements.
3. The Contractor will provide the sheltering services at 750 Orcutt Road in San
Luis Obispo unless an alternative location acceptable to the City and the
Contractor is identified and mutually agreed upon by both parties.
4. The Contractor will comply with all Federal, State, City an County
ordinances and regulations while providing sheltering services.
5. The Contractor will provide the City with quarterly progress reports that will be
due on October 31, 1993; January 31, 1994; April 30, 1994; July 31, 1994;
October 31, 1994; January 31, 1995; and April 30, 1995. The reports will
include the following information:
■ Administrator's Report
This report will provide a brief synopsis of the major activities that took
place at the Shelter during the reporting period (including neighborhood
relations activities). The Administrator's Report will also provide
information on any significant changes to services provided at the
Shelter during the reporting period or any projected significant changes
to services expected to take place in future reporting periods.
■ Financial Report
This report will include a financial statement for the reporting period that
includes an itemized listing of all revenues collected and expenditures
made during the period, along with thorough explanations of any
shortfalls and overages.
■ Statistical Survey
This report will include information on the number of clients served, their
cities of origin, the type of services provided, and the number of days
each client received services.
The quarterly progress reports will be presented to the Human Relations
Commission for review at the first regularly scheduled meeting following
the receipt of the report. Quarterly contract payments as set out in
section 4 of the agreement will not be released until the Human Relations
Commission has approved'the quarterly progress report.
6. The Contractor will advise the City in writing of any significant changes to
services provided at the Shelter that will affect the City or the neighborhoods
surrounding the Shelter (e.g., changes to Shelter hours of operation, the
addition or deletion of services provided at the Shelter, changes to Shelter
admittance policies, etc.) prior to implementing the change in service.
7. The Contractor will prepare an annual neighborhood relations plan due to the
City on September 1 of each year that sets out the steps the Contractor will
take to insure good relations with the neighbors of the Shelter. This plan will
include: an annual schedule for the quarterly neighborhood meetings; a listing
of all activities the Shelter plan throughout the year to maintain good relations;
and the method the Shelter will use to advise the neighbors of any significant
events taking place at the Shelter. The plan will be approved by the Human
Relations Commission.
8. The Contractor will assist the City in complying with all reporting needs
associated with the Federal Government's Community Development Block
Grant Program should the City choose to use these monies to fund Shelter
operations during the term of the agreement.
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Exhibit Z
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scooe of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less,than:
1. 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 occufreoce limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. -
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 the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Previsions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions
1. Tie 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 the Contractor, produce and completed
operations of the Contractor, premises owned,occupied or used by the Contractor, or automobiles owned
leased, hired or borrowed by the Contractor. Tie coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the 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 the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shallnot affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The 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.
5. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be
suspended, voided,cancelled by either parry, 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. The endorsements are
to be signed by a person authorised by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
Subcontractors
Contractor shall include all subcontractors as insured trader its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein. ,
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