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HomeMy WebLinkAbout07/19/1995, C-5 - HOMELESS SHELTER AGREEMENT WITH THE ECONOMIC OPPORTUNITY COMMISSION ���ry�� IIIVlllll���ll ►����I city of San 1wS OBISpo MEIINp 7175: COUNCIL AGENDA REPORT ITEM? =895 FROM: Ann Slate, Personnel Director l Prepared By: Jill Sylvain, Personnel Analyst SUBJECT: Homeless Shelter Agreement with the Economic Opportunity Commission CAO RECOMAIENDATION: Approve and authorize the Mayor to execute a two year agreement with the Economic Opportunity Commission in the amount of $240,000 ($120,000 each year) for homeless services during 1995-97. DISCUSSION: Homeless Shelter Contract In the 1995-97 Financial Plan Council approved$240,000 ($120,000 each year) to contract with the Economic Opportunity Commission (EOC) for the operation of the Homeless Shelter. Funding for this contract is provided through Community Development Block Grants (CDBG). In recognition of this action, staff with assistance from the Human Relations Commission, has negotiated a two year agreement with the EOC for the City Council's consideration. The negotiated agreement is similar to past year's agreements. Key provisions include: ■ The Contractor will continue to 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. ■ The Contractor will continue to provide sheltering services for up to 49 homeless persons per night in accordance with the City's use permit requirements. ■ The Contractor will continue to provide the City with quarterly progress reports that will include: (1) Administrator's Report (e.g., a brief synopsis of the major activities that took place at the Shelter during the reporting period - including neighborhood relations activities); (2) Financial Report (e.g., an itemized listing of all revenues collected and expenditures made during the period, along with thorough explanations o€-any shortfalls and overages); and (3) Statistical Survey (e.g., 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. These reports assist staff and the Human Relations Commission in their efforts to monitor the activities of the Homeless Shelter. ■ The Human Relations Commission will continue to review the EOC's quarterly reports and approve all contract payments. ■ 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: a listing of all �u�i ►�IIIII���Ii���U city of San tins OBISpo COUNCIL AGENDA REPORT Page 2 activities the Shelter plans 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. The neighborhood relations plan continues to play a very important role in maintaining good relations with the Shelter's neighbors. ■ 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 neighbors 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. In order for the Human Relations Commission to be effective in their role as liaison to the Shelter, they must be aware of all major changes in services that could potentially impact the clients or neighbors of the Shelter. ■ As this is a CDBG funded program, EOC recognizes their responsibility to conform with all applicable federal regulations and statutes, and that continued funding is contingent upon the City's continued receipt of CDBG funds. County Contribution Consistent with past practices, the County will also be contributing $120,000 in 1995-96 to homeless programs. Of this $120,000, $95,000 will go directly to the Homeless Shelter and $25,000 will go to the Salvation Army for homeless client case management services. FISCAL EWPACT: $240,000 has been included in the 1995-97 Financial Plan to fund the costs of the EOC's Homeless Shelter contract. Funding will come from Community Development Block Grant entitlement funds that the City began receiving in 1994-95. CONCURRENCES: The EOC and Human Relations Commission concur with this recommendation. ATTACHMENTS: Contract with EOC s�� 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 (1995-97 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. Whereas, the services provided by the contractor under this agreement are funded by the Community Development Block Grant Program (CDBG), and thus subject to all applicable federal regulations and statutes; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1 . PROGRAM COORDINATION A. Citv. 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. s- 5 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. Conies 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 C. s-� 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, 1995; November 15, 1995; February 1.5, 1996; May 15, 1996; August 15, 1996; November 15, 1996; February 15, 1997; and May 15, .1997. Payment of funds by the City to the Contractor is subject to the availability of funds from the U.S. Department of Housing and Urban Development (HUD) to the County of San Luis Obispo. 5. TIME FOR COMPLETION OF THE WORK Contractor will provide City with all services as described in Exhibit 1 from July 1, 1995 to June 30, 1997. 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 The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by e- s•S" Page 4 EOC Agreement 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 990 Palm Street San Luis Obispo, CA 93401-3249 Attention: Jill Sylvain, Personnel 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 no one who has or will have any financial interest under this agreement is an Page 5 EOC Agreement 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. Ow S' 7 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 Page 7 EOC Agreement No discrimination shall be made in the employment of persons under this 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. C� S Page 8 EOC Agreement ECONOMIC OPPORTUNITY COMMISSION BY CITY OF SAN LUIS OBISPO MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: WffrIgeeln, it'y orney I:eoc.agl 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 and/or 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, 1995; January 31, 1996; April 30, 1996; July 31, 1996; October 31, 1996; January 31, 1997; and April 30, 1997. 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. C- s-/J 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. 9. The Contractor shall provide access to the City, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records which are directly pertinent to this contract for the purposes of making audit, examination, excerpts, and transcriptions. All records shall be retained by the Contractor for a period of 3 years after the completion of this contract. I:eoc.ag2 Exhibit a 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. 1/87) 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 occuirence 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 in claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities perforated by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The 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 shall'not 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. S. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be suspended, voided,cancelled by eitber 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. 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 CoyeraPe 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 authorized 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 under 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. e. 14 LEISURE. CULTURE AND SOCIAL SERVICES PROGRAM: Housing Assistance OPERATION: Social Services DEPARTMENT: Personnel FUND: Community Development Block Program Costs 1993-94 1994-95 1995-96 1996-97 Actual Budgeted Approved Approved Contract Services $ 0 $ 0 $1201000 $120,000 Total 0 0 $120,000 $120,000 Program Description The San Luis Obispo Housing Authority conservatively estimates that at any given time there are approximately 2,000 homeless individuals in the City and County of San Luis Obispo. Because the City of San Luis Obispo serves as the County seat (where most County social services are dispensed), the City has become the recipient of the majority of the homeless population. In response to this situation, the City has made the provision of emergency shelter and transitional housing a priority in both the City's Housing Element and Community Housing Assistance Strategy (CHAS). In support of this goal, the City is requesting to continue to allocate $120,000 of our Community Development Block Grant (CDBG) entitlement monies to support the emergency shelter needs of the local homeless population. Specifically, the City is proposing to contribute $120,000 to the Economic Opportunity Commission's (EOC) Homeless Shelter Program which provides meals, overnight shelter, and counseling assistance to the homeless men, women, and children in the City. The City will continue to contract with the Economic Opportunity Commission (EOC) to achieve this objective. The EOC, founded in 1965 is a non-profit corporation which has had a successful Homeless Shelter Program in operation since 1989 at the current site. This program efficiently and effectively serves 49 homeless individuals per evening. Up to 75 individuals are provided with meals and showers each evening, but due to capacity limits, only 49 are provided with overnight shelter.