SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“ Agreement”) is entered into this ___ day of _________, 2022 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and The Village of Love F oundation, a non-profit corporatio n, whose address is 490 43rd Stre et, Oakland, CA 94609 (“ Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: operation of the Day Center Overnight and Extended Hours and Safe Parking P rograms. Provider was selected on a sole source basis due to their expertise in providing services and previous successful operation of both programs.
C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. The City and Provider desire to enter into an agreement for ope ration of the Day Center Overnight and Extended Hours and Safe Parking Programs, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall retroactively commence on the 1st day of July, 2022, and shall terminate on the 31st day of December, 2022, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and ex pense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoic e for the total amount of work done the p revious month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit B and inc orporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid as set forth in Exhibit B.
b. The total compensation for this Agreement shall not exceed $273,885.
Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qua lified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s se rvices. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an em ployer-employee relationship from any compensation due to Pr ovider. Payments of the above i tems, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all re sponsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law tha t harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City emp loyee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemni fy, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) fro m and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under th is Agreement or out of the operations conducted by Provider even if the City is found to h ave been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or wi llful misconduct on the part of Provider, Provider sha ll have no right of r eimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful miscond uct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obliga tion to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnif y, defend and hold harmless In demnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement , Provider shall furnish the City’s Risk Manager with certificates showing the t ype, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (5) Such certificates, which do not limit P rovider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insuran ce covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ adva nce written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the perfor mance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a c urrent A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least B BB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the exp iration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Coun cil, boards, commissions, officials, employees, agents, and volunteers as additional insu red shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown abov e. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the f ollowing minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
As to commercial general liability and automobile liability in surance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider ag rees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogat ion in favor of the City for all work performed by Provider, its employees, agents and subcontractors.
d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to s ecure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, emp loyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be e ntitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of a n y l o s s , o r e x p e n s e o f a n y nature on this policy or any extension thereof. Any other insurance held by an additional i nsured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage unde r Provider’s policy shall be pr imary and non-contributory and will not seek contribution from the City’s insurance or self-in surance. Any available insurance proceeds broader than or in excess of the specified minimum ins urance coverage requirements and/or limits shall be available to the additional insured(s).
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) th e minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Pr ovider to perform the services required by this Agreement. Provider may be required to fill o ut a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or i ndirectly, by operation of law o r otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desire d transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any a ssignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer o r other disposition of any of t he issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of worker s’ compensation insurance and shall also be required to carry general, automobi le and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers s hall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and oth er document produced, prepared or caused to be prepared by Provider pursuan t to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any indiv idual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the C ity that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow insp ection of all proceedings and activities related to this Agreement. Such Records, together w ith supporting documents, shall be kept separate from other documents and records and shall be mai ntained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessar y due to concerns raised by the City’s preliminary examination or audit of record s, and the City’s supplemental examination or audit of the records discloses a failure to adhe re to appropriate internal financial c o n tr o ls , o r o th e r b r ea c h o f th is Ag r ee me n t o r f ailu r e to a c t in good faith, then Provider shall reimburse the City for all reas onable costs and expenses associ ated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with r eturn receipt requested or wi th delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or sam e day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlie r to occur of: (x) actual delivery or the date on wh ich delivery is refused; or (y ) three (3) days after notice is deposited in the U.S. mail or with a courier service in the man ner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Community Development Department
950 West Mall Square Suite 205
Alameda, CA 94501
ATTENTION: Lois Butler
Ph: (510) 747-6894 / Email: [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
The Village of Love Foundation
490 43rd Street
Oakland, CA 94303
ATTENTION: Joey Harrison, Executive Director
Ph: (510) 313-1974
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Community Development Department
950 West Mall Square Suite 205
Alameda, CA 94501
ATTENTION: Annie Cox
Ph: (510) 747-6893 / [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditio ns of all vehicles owned or operated by Provider, i ncluding the safety of all pers ons and property during performance of the services and tasks under this Agreement. Th is requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions i n conformance with U .S. Department of La bor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements w ill be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit t o the City a written report of all incidents that occur in connecti on with this Agreement. This r eport must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof.
b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effectiv e date of termination. The obl igation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of the bringing of any action or suit by a party h ereto against the other party by reason of any breach of any covenants, conditions, obl igation or provision arising out of this Agreement, the prevailing party shall be entitled to recov er from the non-prevailing party all of its costs and expenses of the action or suit, including reasonable attorney’s fees, experts’ fees, all court costs and other costs of action incurred by the preva iling party in connection with the prosecution or defense of such action and enforcing or establis hing its rights hereunder (whether or not such action is prosecuted to a judgment). For the purpo ses of this Agreement, reasonable fees of attorneys of the Alameda City Attorney’s office shall be based on the fees regularly charged by private attorneys with the equivalent number of years of exp erience in the subject matter area of the law for which the services were rendered who practice in Alameda County in law firms with approximately the same number of attorneys as employed by the Alameda City Attorney’s Office.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the Ci ty shall have the right to imp ose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provide r’s compliance with this Section. [See Certification of Compliance attached.]
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully in formed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any j urisdiction or authority over the same. Provider shall comply with all applicable laws, state an d federal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreeme nt and obligations of the par ties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisd iction over this Agreement (or the
successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or co ndition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Sec tion 30, the Recitals and exhibit s are a material part of this Agreement and are expressly incorporated herein. This Agreemen t represents the full and complete understanding of every kind or nature whatsoever betwe en the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or n ature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are no t a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherw ise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
30. NONDISCRIMINATION – F EDERAL REQUIREMENTS:
a. Provider certifies and agrees that it will not discriminate aga inst any employee or applicant for employment because of race, color, religion, nati onal origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F. R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to
ensure that qualified applicants are employed and that employee s are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recrui tment advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuous places in each of Provid er’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Provider shall, in all solicitations or advertisements for empl oyees placed by or on behalf of Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law. (iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other co ntract or understanding a notice advising the labor union or worke rs’ representative of Provider ’s commitments under this paragraph.
(iv) Provider certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to race, color, religion, na tional origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law. (v) In accordance with applicable state and federal law, Provider s hall allow duly authorized county, sta te and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider sha ll provide such other informati on and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon w hich the City may determine to cancel, terminate, or suspend this Agreement. The City reserve s the right to determine independently that the anti-discrimination provisions of this A greement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Co mmission that Provider has viola ted state and federal anti- discrimination laws shall constitute a finding by the City that Provider has violated the anti- discrimination provisions of Agreement.
c. The parties agree that in the event Provider violates any of th e anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
d. Provider hereby agrees that it w ill comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requiremen ts imposed by the applicable regulations, and all guidelines and interpretations issued purs uant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimina tion under any program or activity of Provider receiving Federal Financial Assistance. In additio n, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards. e. Provider’s attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, c olor, or national origin, be excluded from participation in, be denied the benefits of, or be subject ed to discrimination under any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. (iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of a ge under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning th e rights of otherwise qualified individuals with handicaps for equal partic ipation in, and benefit from federally assisted programs and activities, including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americans with Disabilities Act of 1 990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). The se regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housin g and Community Development A ct, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, con structed, or altered with federal
funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of Californ ia Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
(iv) In resolving any conflict between the accessibility standards cited in paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.
31. NONDISCRIMINATION – HUD REQUIREMENTS:
a. Provider certifies and agrees that it will not discriminate aga inst any employee or applicant for employment because of race, color, religion, nati onal origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F. R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employee s are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recrui tment advertising, layoff or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuous places in each of Provid er’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) Provider shall, in all solicitations or advertisements for empl oyees placed by or on behalf of Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law. (iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other co ntract or understanding a notice advising the labor union or worke rs’ representative of Provider ’s commitments under this paragraph.
(iv) Provider certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to race, color, religion, na tional origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law. (v) In accordance with applicable sta te and federal law, Provider s hall allow duly authorized county, sta te and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider sha ll provide such other informati on and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commi ssion or the Federal Equal Employment Opportunity Commission that Provider has violated st ate and federal anti- discrimination laws shall constitute a finding by the City that Provider has violated the anti- discrimination provisions of this Agreement.
c. The parties agree that in the event Provider violates any of th e anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.
d. Provider hereby agrees that it w ill comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requiremen ts imposed by the applicable regulations, and all guidelines and interpretations issued purs uant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimina tion under any program or activity of Provider receiving Federal Financial Assistance. In additio n, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards. e. Provider’s attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, c olor, or national origin, be excluded from participation in, be denied the benefits of, or be subject ed to discrimination under any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. (iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of a ge under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. EMPLOYMENT AND CONTRACTING OPPORTUNITIES
(i) Section 3. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Department and is subject to the requirements of Section 3 of
the Housing and Urban Developmen t Act of 1968, as amended, 12 U .S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered pro ject, and contracts for work in connection with the project be awarded to business concerns whi ch are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project. (ii) The parties to this Agreement will comply with the provisions o f said Section 3 and the regulations issued pursuant thereto by t he Secretary of the Housing and Urban Development set forth in 24 Part C.F.R. 135, and all appl icable rules and orders of the Department issued thereunder prio r to the execution of this Agr eement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
(iii) Provider will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of its commitments under this Section 3 clause and sh all post copies of the notice in conspicuous places available to employees and applicants for employment or training.
(iv) Provider will include this Section 3 clause in every subcontrac t for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. Provider will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R.
Part 135 and will not let any subcontract unless the subcontrac tor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (v) Compliance with the provisions of Section 3, the regulations se t forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, is a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient, its co ntractors and subcontractors, its successors, and assigns to those sanctions specified by the gra nt or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 C.F.R.
Part 135.
C. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning th e rights of otherwise qualified individuals with handicaps for equal partic ipation in, and benefit from federally assisted programs and activities including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americans with Disabilities Act of 1 990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). Thes e regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housin g and Community Development A ct, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, con structed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Require ments of the State of Californ ia Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
(iv) In resolving any conflict between the accessibility standards cited in paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.
32. RESTRICTIONS ON LOBBYIN G – FEDERAL REQUIREMENT:
This Agreement is subject to 24 C.F.R. 87 which prohibits the p ayment of Federal funds to any person for influencing or attempting to influence, any p u b l i c o f f i c e r o r e m p l o y e e i n connection with the award, making, entering into, extension, co ntinuation, renewal, amendment, or modification of any Federal contract, grant, loan, or agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
VILLAGE OF LOVE FOUNDATION
CITY OF ALAMEDA
a non-profit corporation a municipal corporation
Joey Harrison Dirk Brazil
Executive Director I n t e r i m City Manager
RECOMMENDED FOR APPROVAL
Jerri Forriest
Director of Operations
Lisa Maxwell
Community Development Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
Certification of Compliance
With the City of Alameda’s Vaccination Requirement
The City of Alameda (“City”) re quires all individuals who perfo rm work for the City to be fully vaccinated
1 against COVID-19. All service providers and contractors for t he City must sign the following statement certifying compliance with this requirement.
By signing below, I certify that all of our personnel who are performing work for the City are fully vaccinated against COVID-19. I also acknowledge that the City reserves the right to review any relevant records to demonstrate our compliance with this requirement.
I declare under penalty of perjury that the foregoing is true and correct.
THE VILLAGE OF LOVE FOUNDATION Date:______________________
__________________________________
By: Joey Harrison
Its Executive Director
1 For the purposes of this Certification of Compliance, an individual is considered to be fully vaccinated if two weeks have passed since their second dose in a 2-dose series (such as the Pfizer or Moderna vaccines) or if two weeks have passed since receiving their single-dose vaccine (such as Johnson & Johnson’s Janssen vaccine).
I. Definitions – DAY CENTER
Day Center: a safe, sanitary, secure and welcoming place for un housed individuals to relax, get information, connect to services, and be supported by staff and peers.
At-risk of Becoming Homeless: as defined by the federal Housing and Urban Development, include individuals and families that are in one or more of the followi ng situations:
xx Have moved because of economic reasons 2 or more times during t he 60 days immediately preceding the application for assistance
x Live in the home of another because of economic hardship x Have been notified that their right to occupy their current hou sing or living situation will be terminated within 21 days after the date of application for assistance x Live in a hotel or motel and the cost is not paid for by charit able organizations or by Federal, State, or local government programs for low-income ind ividuals x Live in a Single Room Occupancy or efficiency apartment unit in w h i c h t h e r e r e s i d e m o r e than 2 persons or lives in a larger housing unit in which there reside more than one and a half persons per room
x About to exit a publicly funded institution or system of care x Live in housing that has characteristics associated with instab ility and an increased risk of homelessness
HHAP: stands for the Homeless Housing, Assistance and Prevention Grant Program, a State of California grant program that helps counties address, respond to and prevent homelessness.
Homeless Individuals: is defined as someone who is unhoused and lives in a place that is not meant for human habitation.
A. DAY CENTER OVERNIGHT
PROVIDER shall implement the Day Center Overnight Services program serving homeless individuals, to complement the existing Day Center Program. Under this Agreement, PROVIDER will provide direct services to clients, coordinate programs and activities, and operate the Day Center during overnight hours from 9:00 pm to 8:00 am, seven days a week and including Federal Holidays. At the minimum PROVIDER will ensure that the following service components will be provided:
a. Serve up to 10 unduplicated individuals per week experiencing homelessness or at-risk of becoming homeless.
b. Enroll walk-in participants onsite for immediate services. Accept referrals from Alameda Police Department, Operation Dignity, 211, and Coordinated Entry. c. Provide sleeping arrangements.
d. Close Day Center and conduct cleaning and sanitizing and set up sleeping arrangements prior to open hours.
e. Take down bedding, clean and sanitize after open hours. f. Provide housing navigation services.
g. Connect participants with Case Management available at the Day Center during daytime hours. h. Develop, coordinate, implement, oversee, and evaluate Day Center Overnight Services operations, programs, and services in coordination with existing Day Center operations. Services many include, but are not limited to, the following: intake, meals, information and referral, case management, showers, access to computers, housing navigation, etc. ([KLELW$
i. Ensure that the Day Center follows all Alameda County COVID-19 and health and safety protocols.
j. PROVIDER agrees to implement and operate the program in accordance with the terms of this agreement and with the terms and conditions of the HHAP grant contracts with Alameda County (Attachment A).
k. PROVIDER agrees to implement and operate the program in accordance with the terms of this agreement the County of Alameda, and the United States Department of Treasury.
B. DAY CENTER EXTENDED HOURS
PROVIDER shall implement the Day Center Extended Hours program serving homeless individuals, to complement the existing Day Center Program. Under this Agreement, PROVIDER will provide direct services to clients, coordinate programs and activities, and operate the Day Center during overnight hours from 9:00 pm to 8:00 am, on weekends and 5:00 to 8:00 pm on weekdays, including Federal Holidays.
II. Definitions – SAFE PARKING
Safe Parking: provides individuals experiencing homelessness, who are living in their cars and vans, a place to legally park their vehicles in a safe, secure, sanitary and welcoming environment. The program is not available for people living in Recreational Vehicles.
Homeless Individuals: is defined as someone who is unhoused and lives in a place that is not meant for human habitation.
A. SAFE PARKING
PROVIDER shall implement the City of Alameda’s Safe Parking Ext ended Hours Program serving unhoused individuals living in their cars and vans. Under this Agreement, PROVIDER will assume fiscal agent responsibilities to provide direct services to clients, c oordinate programs and activities, and operate the Safe Parking Program from 7:00 pm to 7:00 am Monday through Friday. The PROVIDER will assume budget oversight, evaluation, and reporting responsibilities. At the minimum PROVIDER will ensure that the following service components will be provided:
a. Serve up to 25 cars or vans per day to support individuals experiencing homelessness who are living in their vehicles.
b. Adhere to the Core Principles (Attachment B) established for the program that prioritize a housing first model, harm reduction approach, trauma informed care, and cultural competency, racial equity, and inclusivity in all facets of governance, operation, management, and service provision.
c. Provide a welcoming, safe, sanitary, and inclusive environment for all participants and guests from all walks of life, regardless of race, creed, gender, gender identity, color, or religion. Any person in need: men, women, LGBTQ, is welcome to receive services without judgment. d. Develop, coordinate, implement, oversee, and evaluate Safe Parking Program operations, programs, and services. Services many include, but are not limited to, the following: intake, registration, light breakfast, bathroom and washing facility, peer support, information and referral, and care planning aimed at moving clients towards stable housing and self-sufficiency. e. Support participants with their health, mental health, housing, and social service needs by coordinating with community-based agencies serving the homeless population in Alameda and linking clients to programs and services that will help end their homelessness.
f. Maintain the safety, security, and accessibility of Safe Parking facilities, grounds, and surrounding areas. Site maintenance includes keeping grounds and facility free of trash, providing trash receptacles and dog waste bags, and pressure washing the lot weekly. g. Develop a clearly defined staffing plan and reporting responsibilities to support planned activities and programs.
h. Develop an outreach plan to inform potential clients about the availability of the program.
Operate the Develop processes for screening, assessing, and enr olling participants in the program. Ensure that participants understand, agree to, and sign the Safe Parking Onsite Code of Conduct and Expectations (Attachment C) and impose disciplinary action, including disenrollment from the program, as necessary.
i. Develop processes to register vehicles accessing the Safe Parking Program and to check-in and check-out participants utilizing the service during operating hours. j. Monitor vehicle occupants for any illegal activity. Any violation of rules and requirements will have clear consequences laid out.
k. Develop an outreach plan to promote the program to the target population. l. Record, track, and report client data and other metrics using the appropriate database, forms, and templates agreed upon between the PROVIDER and the CITY. m. Participate in the City of Alameda’s homeless initiatives and programs, including the Collaboration Advancing Resources, Efforts, and Supports for Alameda’s Homeless, Coordinated Outreach Team meetings and their activities, and other workgroups appropriate to the scope of the project.
n. PROVIDER agrees to implement and operate the program in accordance with the terms of this agreement and with the terms and conditions of the HHAP grant contracts with Alameda County (Attachment A).
o. Ensure timely and accurate submission of monthly, annual, and other reports requested by the City of Alameda, the County of Alameda, and the United States Department of Treasury. p. PROVIDER agrees to implement and operate the program in accordance with the terms of this agreement the County of Alameda, and the United States Department of Treasury.
Management Pay Rates Pay Break Allocation Holiday Pay @ 1 1/2 X P ay Rate x 4 Holidays Total Pay Be foe Taxes/Fees Payroll Taxes/Fee s @ 25% $23,108 Personnel Expenses: Pay Rates Pay Break Allocation Holiday Pay @ 1 1/2 X Pay Rate x 4 Holidays Total Pay Befoe Taxes/Fees Payroll Taxes/Fees @ 25% $246,730 Workers Comp $62.50 per 15 Employees Total Insurance Expenses: $938 Other Program Expenses: Total Other Program Expenses: $3,110 Total Proposed Budget 6 MONTHS $273,885
Personnel Expenses: Pay Rates Pay Break Allocation Holiday Pay @ 1 1/2 X Pay Rate x 6 Holidays Total Pay Befoe Taxes/Fees Payroll Taxes/Fees @ 25% $461,616.25 Workers Comp $125 per 9 Employees Total Insurance Expenses: $1,125.00 Other Program Expenses: Total Other Program Expenses: $46,422.42 Total Budget 12 MOS $509,163.67
Management Pay Rates Pay Break Allocation Holiday Pay @ 1 1/2 X P ay Rate x 4 Holidays Total Pay Befoe Taxes/Fees Payroll Taxes/Fee s @ 25% $23,107.50 Personnel Expenses: Pay Rates Pay Break Allocation Holiday Pay @ 1 1/2 X Pay Rate x 4 Holidays Total Pay Befoe Taxes/Fees Payroll Taxes/Fees @ 25% $246,729.75 Workers Comp Total Insurance Expenses: $937.50
Other Program Expenses: $3,110.00
TOTAL CONTRACT BUDGET $783,048.42
The Village of Love Foundation, with General Fund and PLHA funds, July 2022- June 2023 Day Center & Safe Parking Extended Hours The Village of Love Foundation, with General Fund and PLHA funds, January 2023 - June 2023 Day Center Overnight, Day Center Extended Hours & Safe Parking
EXHBIT B
The Village of Love Foundation, with HHAP Fund and General Funds, July 2022- December 2022- 6 Months
"UUBDINFOU"
Procurement Contract No. 23327
Master Contract No. 902012
EXHIBIT C
PAGE 1 OF 2
Procurement Contract No. 23327
Master Contract No. 902012
EXHIBIT C
PAGE 2 OF 2
Attachment B
Core Principles
Housing First
According to the webinar Core Principles of Housing First and Rapid Re-Housing issued by HUD and the Unites States Interagency Council on Homelessness (USICH), the Housing First approach is based on the following principles:
1. Housing is safe and affordable;
2. All people can achieve housing stability in permanent housing; supports may look different;
3. Everyone is “housing ready”; and
4. Improved quality of life, hea lth, mental health, and employme nt can be achieved through housing.
Harm Reduction
Harm reduction policies, procedur es, and practices aim to reduc e the negative consequences of behaviors that are detrimental to the participant’s health and well-being (i.e., abuse of drugs and/or alcohol, failure to be medicati on compliant, engaging in crimin al activity, prostitution, choosing to sleep outside, etc.). In housing settings, harm reduction is intended to preve nt a participant’s loss of housing and/or terminati on from the program based solel y on his or her inability to stop engaging in harmful behaviors.
Programs incorporating a harm reduction model must utilize all interventions possible, short of termination from the program, to enable the participant to reduce or minimize their risky behaviors, while at the same time assisting them to move into and become s tabilized in permanent housing.
Harm reduction is not intended to prevent the termination of a participant whose actions or behavior constitute a threat to the safety of other participants and staff. Organizations must develop a set of policies and procedures to be implemented in the event of such behavior on the part of a participant.
Trauma-Informed Care
Trauma-informed care requires th a t e v e r y p a r t o f t h e p r o g r a m ’ s design and operation be approached with an understanding of trauma and the impact it ha s on those receiving services.
Traumatic experiences can impact how clients receive services p rovided and the environment in which those services are delivered.
Establishing a safe and supportive environment are principal aspects of trauma-informed care. To do so, a program must ensure that all staff receive training on traumatic stress and its impact, as well as the relationship between trauma and mental health, subs tance use, and homelessness.
Training should detail how working with trauma survivors can impact staff, and how these issues can impact their work. Staff training in crisis management may include learning how to help clients identify triggers, express their feelings safely, use healthy c oping skills, in addition to helping clients develop safety and self-care plans prior to a crisis.
Cultural Competency, Racial Equity, and Inclusivity
This program must consider cultural and linguistic competency, racial equity, gender inclusivity,
and other intersecting factors in addressing the needs of popul ations to be served. Subpopulation identities may include, but are not limited to, race and ethnicity, gender and gender identity, sexual orientation, economic class, age, family status, language spoke n and understood, physical and mental disabilities, living situation, etc. Proposers must demonstrate the capacity to accommodate special populations within the proposer’s general population (i.e., youth, LGBT, disabled clients, veterans, victims of domestic vio lence) throughout all levels o f the organization, from organizational vision and mission statement, to policy implemen tation, and to service delivery procedures and philosophies. The Safe Parking Program requires, at a minimum, effective communication, including, among other things, the provision of service and information in appropriate language, at appropriate educational and literacy l evels, and in the context of the individual’s cultural identity.
ONSITE CODE OF CONDUCT AND EXPECTATIONS
SAFE PARKING PROGRAM AGREEMENT
The goal of the City of Alameda’s Safe Parking Community is to provide individuals experiencing homelessness who are living in their cars and vans a place to park their vehicles in a safe, secure, sanitary, and welcoming environment. All Safe Parking Program participants are asked to observe the following guidelines and code of conduct to maintain a safe and healthy space for everyone. All participants must read and have a signed agreement on file in order to participate in the Safe Parking Program.
x All participants must be registered with the Safe Parking Program service provider contracted by the City of Alameda. Registration will include an assessment of the participant’s needs and a plan to end their homelessness. A re-assessment must be conducted every 90 days. x Participants may be enrolled in the Safe Parking program for up to six months x All registered participants will be issued a registration card per vehicle that must be displayed on the dashboard of the vehicle at all times while parked in the Safe Parking area x All participants may park in the Safe Parking area only during operating hours x All vehicles must exit the Safe Parking area at the end of the program operating hours x No long-term parking is allowed
x No weapons are allowed
x No violence of any type is tolerated
x All conflicts must be resolved in a peaceful manner
x Degrading ethnic, racist, sexist, or homophobic remarks and act ions are not acceptable and are not tolerated
x No physical punishment, verbal abuse, or intimidation will be tolerated x No theft
x No loitering
x No public use of drugs or alcohol
x No distribution or sale of drugs or alcohol
x No open flames or other burners are allowed in and around the Safe Parking area
WITHIN THE NEIGHBORHOOD, WHICH INCLUDES ALAMEDA POINT, THE ALAM EDA
LANDING SHOPPING CENTER AREA, AND SURROUNDING NEIGHBORHOODS, TH E FOLLOWING GUIDELINES MUST BE FOLLOWED:
x No camping, curbside, or street living
x No loitering or trespassing
x No drug or alcohol dealing or using
x No dumpster diving
x No vandalism, defacing, or destruction of property
x No violation of parking rules
$WWDFKPHQW&
ONSITE CODE OF CONDUCT AND EXPECTATIONS
SAFE PARKING PROGRAM AGREEMENT
WITHIN THE SAFE PARKING COMMUNITY AREA, THE FOLLOWING GUIDELINES MUST BE FOLLOWED:
x Maintain a safe and clean site throughout the entire area:
o Immediately surrounding your vehicle
o Common areas
o Outside the Safe Parking zone
x Be able and willing to maintain personal hygiene
x Be able to use independently, clean-up after yourself, and main tain the cleanliness of common areas and hygiene facilities
x No personal belongings outside of the vehicle
x No urine bottles
x No smoking inside vehicles
x Exit and entry only through the Safe Parking main gate x All participants must sign in and out
x No visits or entry to neighboring vehicles without the permission of the occupant x No entry without staff permission to the following:
o Site Management office
o Common areas outside of hours of operation
PARTICIPANTS MUST ABIDE BY THE FOLLOWING VISITOR GUIDELINES:
x No visitors are allowed unless by invitation of or approved by the Site Manager. Visitors may include the participant’s case manager, law enforcement officer, and other approved personnel. x Visitors must be remain in the common/approved visiting areas o nly and must be accompanied by the participant at all times
x No guests are allowed in the vehicle
x No overnight guests are allowed
PARTICIPANTS WITH PETS MUST ABIDE BY THE FOLLOWING GUIDELINES:
x Pets must be in the owner’s control at all times
x Dogs may be taken for walks around the perimeter of the Safe Parking area x Owners must clean-up after their pets
COMMON AREAS MUST BE MAINTED AT ALL TIMES BY FOLLOWING THESE GUIDELINES:
x Clean-up after yourself
x Sanitize hands
x No propane, barbeques, open fires, or other burners are allowed
ONSITE CODE OF CONDUCT AND EXPECTATIONS
SAFE PARKING PROGRAM AGREEMENT
By signing below, I agree to participate in the City of Alameda’s Safe Parking Program and have read and agree to follow the guidelines and code of conduct set forth in this agreement. I understand that failure to comply with this agreement may result in my disenrollment or prohibition from participating in the Safe Parking Program. My participation in the program may be forfeited at any time due to failure to comply with the guidelines and code of conduct outlined in this agreement.
P a r t i c i p a n t N a m e ( p r i n t )
P a r t i c i p a n t S i g n a t u r e D a t e