San Luis Obispo City Council
June 18, 2024

Participant 26
Unsheltered and warming center 1 7 Lack of jobs
Yes but not in contact
EBT, Shower the People, CHC GA & job training
Usually, other than occasional police presence
Job accessibility, easier GA process, another homeless shelter Computer, word of mouth, outreach workers, 40 Prado
Unemployed but intetested in employment 2/6 40 Prado
We need more funding for more resources. I asked {40 Prado} why they can't keep the warming center open every night, and they say "because there's no money, & with no money we dont have enough staff" Participant 27 40 Prado 2 0.5
COVID, job loss, incarcaration No
GA, EBT, CHC, Case Management (CAPSLO)
Expongement services/legal services Yes
Legal services, imporved mental health services, more shelters, more free showers, more recovery 40 Prado staff Starting new job at Target tomorrow, 2/7 2/6 40 Prado
Homelessness is not always a choice. Homelessness is as long as we make it.

Participant 28 40 Prado 1 0.15
Left toxic job which also provided housing No EBT, Medi-Cal, CHC Bus tokens for RTA Yes unless around aggressive people at the shelter
More bus routes, public wifi, more affordable grocery stores 40 Prado staff Yes; caregiver 2/6 40 Prado To not judge; just because someone isn't wearing nice clothes doesn't mean they are a bad person. I've met so many other homeless people who have been very nice to me.

Participant 29 40 Prado 2 unsure Financial No
SSDI, EBT, Shower the People
Free bus passes/rides to appts for homeless individuals Yes; SLO feels safe Improved Prado services - to help give people more direction and purpose "help people reach their potential" Word of mouth No; disabled 2/15 40 Prado To know the truth - some people are there for a reason, like trauma that happened to them Participant 30
40 Prado Safe Parking 2 0.5 Asked to leave housing Yes
EBT, SSA, Case Mgmt at Prado (Nathan), CHC
Low income housing; always told the list is full, etc. Yes More facilities for people with mental illness Case manager No; retired 2/15 40 Prado No everybody is irresponsible and a drug addict. Also, donations to Prado are always welcome Participant 31 40 Prado 2 11
Underemployed/cost of living No
Medical, EBT, Case Management N/A
Not really; drug use, mental illness, violence, etc makes me feel on edge at Prado - I would feel more safe if their was an enforcement of the rules Educational programs/vocational rehab for 55+ adults, weekly bus passes for homeless individuals Word of mouth Yes; currently on medical leave 2/15 40 Prado
A lot of people can't afford to not be homeless; we can't afford a house, food, insurance, etc.

Participant 32 40 Prado
unsure; on and
off 1 week
Domestic violence, rent/expenses, mental health No; Palm Springs Social Security, EBT N/A Mostly; most safe in my truck - a home would increase my feelings of safety More mental health and counseling 40 Prado No; interested 2/15 40 Prado Not all of us are drug or alcohol users. Some of us come from traumatic experiences and need compassion - we are human beings too.

Participant 33 40 Prado 1 0.75 Lost home/rental
No; in contact on and off Social Security, EBT, CHC Unsure Depends; I feel most safe when other people are around and its quiet/no commotion More awareness/more monitoring to increase safety at Prado Nobody No; retired 2/15 40 Prado What they see is what they get. People are in denial about the issue - give people a place to do what they want to do away from the public (i.e. campground) Participant 34
Unsheltered or 40 Prado (lottery bed) 1 2 Mental health, financial No; scattered children
SSDI, EBT, County Drug & Alcohol, County Mental Health
Yes - TMHA services but unable to due to waitlists for services No; least safe in Prado, most safe in my secret camping spot; feelings of safety would increase with housing or stricter policies Strengthened mental health services and law enforcement detanglement Word of Mouth Off and on; disabled 2/22 40 Prado How important housing is, how important a safe place to sleep is.

Participant 35 Unsheltered
unsure; on and
off 11
No family/support system, financial, like the transient lifestyle No EBT, GA N/A Sometimes; feel most safe alone
Gym membership for homeless individuals, a social club to meet new friends Word of mouth No; interested but no ID 2/22 40 Prado That I am homeless and I don’t want to be. Not ever homeless person is crazy, there are intellectial and employable homeless individuals.

Participant 36 Unsheltered
unsure; on and
off 5 Loss of housing, SUD No
Social Security, EBT, Shower the People
Housing; don’t know where to start
No; least safe around other homeless, most safe alone
Housing resources/navigation Word of mouth No; retired
3/19 Shower the People
That it's discriminating. You walk into a place and people assume things about you and treat you different. I don’t feel respected.

Participant 37 Unsheltered
unsure; on and
off 10 Loss of spouse, job loss No EBT Public bathrooms Yes; sanctioned overnight encampments would make me feel most safe Hot meals Other homeless, shower the people
No; yes but have medical conditions that make it hard
3/19 Shower the People
Some of us are honest people and just down on our luck
Participant 38 Unsheltered
unsure; on and
off 3 Domestic violence, financial
Yes but not in contact
Shower the People, Grassroots 2, Food not Bombs, EBT, GA, TMHA Case Management More information on housing availability Yes
Info on housing availability, info on how to get healthcare/MediCal Word of mouth, shower the people No; interested but still getting there 3/19 Shower the People Not all homeless are druggies or alcoholics. It's not an easy life, don't judge. There's a lot of ignorance.

Participant 39 Unsheltered
unsure; on and
off unsure Unsure
Yes; Aunt in Santa Maria EBT, Shower the People Medical No; police doing something about other dangerous transients N/A N/A N/A 3/20 In front of County building N/A
Participant 40 Tent
unsure; on and
off 16 Domestic violence No; family in Fresno SSI, EBT
Everything; most services are at prado and im scared of the people there No; nowhere feels safe; would feel most safe in a home
Security for the homeless, more housing, free bus passes I don’t No; on SSI 3/20 Transit Center
How scary it is, wherever you are. To be nicer to people.

Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
560 Higuera St Suite D The OWLs Den Barbershop 0
561 Higuera St Lifestyles Family Hair Care 0
563 & 565 Higuera St Captain Nemo Comics & Cheap Thrills 11/16/23 1 1 570 Higuera St #2 Bear & The Wren 0
570 Higuera St #101 Quesadilla Gorilla 2/1/24 1 1
570 Higuera St #103 Nite Creamery 0 0
570 Higuera St #104 Hellahot 2/1/24 1 1
570 Higuera St #105 Mistura 0
570 Higuera St #120 Picking Daisies 0
570 Higuera St #130 Mama's Meatball 2/1/24 1 1
570 Higuera St #135 Gold Land BBQ 2/1/24 1 1
570 Higuera St #140 Banshee Beauty 0
570 Higuera St #145 Club Bubbly 2/1/24 1 1
570 Higuera St #155 Japanese Restaurant Goshi 0
570 Higuera St #165 Trio Boutique 2/1/24 1 1
582 Higuera St Celia's Beauty Salon 1/11/24 1 1
586 Higuera St Sandy's Liquor 11/16/23 1 1
641 Higuera St #100 Patrick James Inc. 11/16/23 6 1
641 Higuera St #102 SMRT Industries 0
641 Higuera St #101 Epiphany of SLO LLC (bridal) 1/10/24 0 1 647 Higuera St BA Start Competitive Arcade 1/11/24 1 1
659 Higuera St Tigerlily Salon 1/10/24 1 1
670 Higuera St Suite B Old San Luis BBQ Co. 11/16/23 6 1 674 Higuera St B. Anthony & Co. Jewelers 1/10/24 1 1
673 Higuera St The Mark Bar and Restaurant 11/16/23 1 1 682 Higuera St Tom's Toys 1/10/24 1 1
685 Higuera St Kreuzberg Coffee Company 1/10/24 1 1
Attachment D - Downtown Business Outreach Overview
Higuera St

686 Higuera St F. McLintock's Saloon SLO 11/16/23
11 690 Higuera St Flour House SLO 1/10/2411
691 Higuera St Battle Axe 1/10/2411
698 Higuera St Burger Village SLO 1/10/2411
699 Higuera St Rocket Fizz San Luis Obispo 1/10/2411
705 Higuera St Blackwater 1/10/2411
710 Higuera St #1 Sports Forum 1/11/2411
712 Higuera St Central Coast Wines 1/11/2401
714 Higuera St West Coast Silver Co. Permanently Closed 0 715 Higuera St LOKUM 1/10/2411
716 Higuera St The Flip Flop Shop 1/11/2411
717 Higuera St Buffalo Pub & Grill 11/16/2311
718 Higuera St Rogers Jewelry Co. 1/11/2411
719 Higuera St Michael's Optical 1/10/2411
723 Higuera St The Library0
725 Higuera St Mother's Tavern 11/16/2311
726 Higuera St Novo Restaurant 1/10/2411
728 Higuera St Frog and Peach Pub 1/10/2411
733 Higuera St Nick The Greek SLO 1/10/2411
736 Higuera St The Carrisa by SLO Brew 2/1/2411
737 Higuera St Ambiance Clothing Boutique 1/10/2411
740 Higuera St Just Looking Gallery 1/11/2411
740 (Creekside) Higuera St The Secret Garden 1/11/2411
741 Higuera St The BladeRunner Salon & Spa 1/10/2411
745 Higuera St Tails Pet Boutique 1/10/2411
746 Higuera St #1 Mr. Michael's 1/10/2411
746 Higuera St #2 Idlewild Floral 1/10/2411
746 Higuera St #5 Roxanne's Birkenstock 1/10/2411
750 Higuera St Gaia's Gallery 1/10/2411
760 Higuera St Len Collective 1/10/2411
766 Higuera St Basalt Interiors 1/11/2401
767 Higuera St Cal Poly Downtown 11/29/2311
770 Higuera St Pippa & Ky 1/11/2411
777 Higuera St Hands Gallery 11/29/2311

778 Higuera St Suite A Proof & Gather 1/10/24
11 778 Higuera St Suite D Bliss Cafe 1/11/2411
778 Higuera St Suite E Mareh Couture Bridal0
779 Higuera St Hemp Shak (sister store) 11/29/2311
781 Higuera St Hemp Shak 11/29/2311
785 Higuera St HepKat Clothing & Beauty Parlor 11/29/2311 786 Higuera St Mayberries 1/11/2411
787 Higuera St The Ritual Barbering & Apparel0
790 Higuera St Buen Dia 1/11/2411
795 Higuera St SLO Swim 11/29/2311
796 Higuera St Avanti 1/11/2411
799 Higuera St Blue Harvest Apparel 11/29/2311
839 Higuera St The Habit Burger Grill 11/29/2311
842 Higuera St Bath & Body Works 11/29/2311
847 Higuera St Corazón Cafe 11/29/2311
850 Higuera St Super Silver San Luis Obispo 11/29/2311
852 Higuera St Wetzel's Pretzels 11/29/2311
853 Higuera St Vans #561 11/29/2311
857 Higuera St 201 Kitchen SLO0
858 Higuera St Under The Willow 11/29/2311
856 Higuera St Fanny Wrappers 11/29/2311
860 Higuera St SLO A La Mode 11/29/2311
864 Higuera St LuLu Luxe 11/29/2311
879 Higuera St Athleta #3404 11/29/2311
883 Higuera C-1 Sunglass Hut 11/29/2311
885 Higuera St Suite C Starbucks 11/29/2311
887 Higuera St Anthropologie 11/29/2311
891 Higuera St Antonia's Pizza 11/29/2311
893 Higuera St Sequoia Sandwich Company 11/29/2311
895 Higuera St Brixton 11/29/2311
897 Higuera St Brown Butter Cookie Company 11/29/2311
898 Higuera St Victoria's Secret #701 11/29/2311
899 Higuera St Apple Store Higuera Street 11/16/2311
949 Higuera St Bluemercury 11/16/2311

952 Higuera St Urbane Cafe 11/16/23 1 1
956 Higuera St SLO Froyo 'n Italian Ice 11/16/23 1 1
958 Higuera St SLO Olive 11/16/23 1 1
959 Higuera St Free People Movement 11/16/23 1 1
964 Higuera St Louisa's Place 11/16/23 1 1
990 Higuera St Banana Republic 11/16/23 1 1
1000 Higuera St Woodstock's Pizza 11/16/23 1 1
1001 Higuera St Suite A Firestone Grill 11/16/23 1 1
1001 Higuera St Suite E Urban Optics 11/16/23 1 1
1011 Higuera St Thai Classic 11/16/23 1 1
1021 Higuera St Saints Barrel 0
1043 Higuera St Beautique Hair and Makeup Salon 0
1065 Higuera St BlackHorse Espresso & Bakery 11/16/23 1 1 1074 Higuera St The Bridge Cafe 11/16/23 1 1
100 93
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
1015 Court St Thai Palace 12/14/23 1 1
1020 Court St SLO Sweets 12/14/23 1 1
1040 Court St seeds 12/14/23 1 1
1060 Court St Pottery Barn 11/16/23 1 1
1070 Court St Lush 11/16/23 1 1
1090 Court St Sephora 11/16/23 1 1
6 6
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
837 Monterey St Moondoggies Beach Club 12/14/23 1 1
840 Monterey St #B101 Lululemon 12/14/23 1 1
844 Monterey St #B102 Marine Layer 12/14/23 1 1
848 Monterey St Mint & Craft Permanently Closed 0
Court St
Monterey St

849 Monterey St Giuseppe's Cucina Rustica 12/14/23 1 1
857 Monterey St Finney's Crafthouse 12/14/23 1 1
863 Monterey St EcoBambino 12/14/23 1 1
864 Monterey St Williams Sonoma 0
868 Monterey St McConnell's Fine Ice Cream 12/14/23 1 1 870 Monterey St The Junk Girls 12/14/23 1 1
874 Monterey St #C102 Wildflower Women's Boutique 12/14/23 1 1 874 Monterey St #B104 Francesca's Collections 12/14/23 1 1 886 Monterey St #C101 H & M 12/14/23 1 1
888 Monterey St Stephen Patrick Design Permanently Closed 0 895 Monterey St SLO Chamber of Commerce 1 1
953 Monterey St Anderson Barber Shop 0
962 Monterey St Urban Outfitters Inc. 12/14/23 1 1
968 Monterey St Passport 12/14/23 1 1
969 Monterey St French Quarter 12/14/23 1 1
974 Monterey St HumanKind Fair Trade 12/14/23 1 1
978 Monterey St Boo Boo Records 12/14/23 1 1
982 Monterey St Central Coast Vintage 0
990 Monterey St Phoenix Books 12/14/23 1 1
998 Monterey St Koberl at Blue 12/14/23 1 1
1009 Monterey St Antigua Brewing Company 12/14/23 1 1
1023 Monterey St Shins Sushi 12/14/23 1 1
1035 Monterey St Fremont Theater 12/14/23 1 1
1037 Monterey St Buona Tavola 0
1050 Monterey St #228 Sasquatch Coffee House 0
22 22
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
525 Marsh St Pure Salon 0
575 Marsh St Parlour - A David Stewart Salon 0
578 Marsh St Apothecary Tattoo 0
583 Marsh St The Puzzle Effect 0
Marsh St

595 Marsh St Couch Potato Home Accents 0
600 Marsh St McCarthy's Irish Pub 11/16/23 1 1
640 Marsh St British Sports Cars 11/16/23 1 1
667 Marsh St Suite B The Switchback 1/11/24 1 1
667 Marsh St Suite C Arigato Sushi LLC 0
667 Marsh St Suite D The Mountain Air 1/11/24 1 1
668 Marsh St Takkens Shoes 1/11/24 5 1
692 Marsh St 7-Eleven 11/16/23 1 1
712 Marsh St Twig & Arrow Salon 1/11/24 1 1
717 Marsh St CVS/Pharmacy 11/16/23 1 1
720 Marsh St Retro Threads 1/11/24 1 1
722 Marsh St Sheila Kearns Chocolate 1/11/24 1 1
742 Marsh St Bluebird Salon 1/11/24 1 1
748 Marsh St The Cozy Patio 1/11/24 1 1
774 Marsh St #110 H&Co Hair Lounge 0
774 Marsh St #150 The Studio Hair & Nail Bar 0
777 Marsh St Habitat Home & Garden 2/1/24 1 1
778 Marsh St #110 Dr. Cain's Comics and Games 2/1/24 1 1 778 Marsh St #110 Wallflower Salon 2/1/24 1 1
785 Marsh St Suite A Cafe Crepes de SLO 2/1/24 1 1
790 Marsh St Culture Salon 2/1/24 1 1
837 Marsh St Shoe Palace 2/1/24 1 1
855 Marsh St Central Coast Surfboards 2/1/24 1 1
863 Marsh St Bricks & Minifigs 2/1/24 1 1
883 Marsh St Calico Trading Co. 2/1/24 1 1
890 Marsh St Jamba 2/1/24 1 1
892 Marsh St Tortilla Town SLO Permanently Closed 0
894 Marsh St Bldg G Barnes & Noble 2/1/24 1 1
1023 Marsh St Royal Car Wash & Detail Shop 0
27 23
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
Osos St

967 Osos St Edna Contemporary 0
1055 Osos St Open Air Flowers 12/14/23 1 1
1 1
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
1019 Morro St Anastasia Fine Jewelry 12/14/23 1 1
1021 Morro St Apropos Clothing Boutique 12/14/23 1 1
1023 Morro St Summerland Co 12/14/23 1 1
1126 Morro St Granada Hotel & Bistro 12/14/23 1 1
4 4
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
940 Chorro St Moon River Salon & Spa 0
942 Chorro St Healthy Crave SLO 2/1/24 1 1
950 Chorro St The Mercantile 2/1/24 1 1
952 Chorro St The Hat Bar 2/1/24 1 1
956 Chorro St Growing Grounds Downtown 2/1/24 5 1
964 Chorro St Yarns…at the Adobe 2/1/24 1 1
970 Chorro St Maison Marianne Permanently Closed 0
1023 Chorro St Luna Red 2/1/24 1 1
1028 Chorro St Ike's Love & Sandwiches 2/1/24 1 1
1032 Chorro St San Luis Taqueria 2/1/24 1 1
1033 Chorro St Barrelhouse Brewing Co. 2/1/24 1 1
1035 Chorro St Moe's Mediterranean 2/1/24 1 1
1040 Chorro St Bull's Tavern 2/1/24 1 1
1111 Chorro St The Sanctuary 2/1/24 1 1
1117 Chorro St Black Sheep Bar & Grill 2/1/24 1 1
1118 Chorro St Sweetie Cup Tea House 2/1/24 1 1
1122 Chorro St Taqueria El Guero 2/1/24 1 1
1127 Chorro St FedEx Office 2/1/24 1 1
Morro St
Chorro St

1141 Chorro St Eureka! San Luis Obispo 2/1/24 1 1
21 17
Address Business Name Date Distributed # of Pocket Guides Distributed
Business
Count
1040 Broad St SideCar SLO 11/16/23 1 1
1 1
TOTAL # of Pocket Guides
Distributed:

TOTAL # of Businesses
Contacted:

Broad St
182
167

City of San Luis Obispo
Homelessness Response
FY 22-23 Annual Field Team Data
Community Action Team (CAT)
Individuals Engaged 437
Family & Agency Reunifications 6
Local Permanent Housing Placements 11
Mental Health/Substance Abuse Treatment Referrals 215
Mobile Crisis Unit (MCU)
Individuals engaged 2021
Family & Agency Reunifications 85
Transports to Services 63
Dispatched Calls for Mental Health / Behavioral Health Crisis Intervention 308 Parks & Recreation Rangers
Encampments posted
Pounds of trash removed 41,276
Encampment cleanout costs $17,582.25
Public Works
Encampments posted 134
Pounds of trash removed 216,420
Encampment cleanout costs $86,263.25
Outreach & Cleanout Comprehensive Data
Individuals Engaged 2,458
Family & Agency Reunifications 91
Transports to Services 63
Dispatched Calls for Mental Health / Behavioral Health Crisis Intervention 308 Local Permanent Housing Placements 11
Mental Health/Substance Abuse Treatment Referrals 215
Encampments posted 134
Pounds of trash removed 257,696
Encampment cleanout costs $103,845.50

City of San Luis Obispo
Homelessness Response
FY23-24 Annual Field Team Data
Community Action Team (CAT)
Individuals Engaged 317
Family & Agency Reunifications 5
Local Permanent Housing Placements 1
Mental Health/Substance Abuse Treatment Referrals 165
Mobile Crisis Unit (MCU)
Individuals engaged 2076
Family & Agency Reunifications 78
Transports to Services 27
Dispatched Calls for Mental Health / Behavioral Health Crisis Intervention 104 Mental Health/Substance Abuse Treatment Referrals 3
Parks & Recreation Rangers
Encampments posted 13
Pounds of trash removed 15,160
Encampment cleanout costs $4,294.50
Public Works
Encampments posted 117
Pounds of trash removed 138,440
Encampment cleanout costs $54,116.50
Outreach & Encampment Cleanup Data
Individuals Engaged 2,393
Family & Agency Reunifications 83
Transports to Services 27
Dispatched Calls for Mental Health / Behavioral Health Crisis Intervention 104 Local Permanent Housing Placements 1
Mental Health/Substance Abuse Treatment Referrals 168
Encampments posted 130
Pounds of trash removed 153,600
Encampment cleanout costs $58,411.00

Attachment F – Homelessness Response Strategic Plan Policy Context The City’s 6
th Cycle General Plan Housing Element1
includes several policies and
programs that relate to the reduction of homelessness; specific goals and policies are listed below:

Goal 1: Safety – Provide safe, decent shelter for all residents.

Policy 1.1: Assist those citizens unable to obtain safe shelter on their own.

Policy 1.2: Support and inform the public about fair housing laws and programs that allow equal housing access for all City residents.

Program 1.7: Continue to support local and regional solutions to homelessness by funding supportive programs, services, and housing solutions.

Goal 3: Housing Conservation – Conserve existing housing and prevent the loss of safe housing and the displacement of current occupants.

Policy 3.3: Encourage the construction, preservation, rehabilitation or expansion of residential hotels, group homes, integrated community apartments, and single-room occupancy dwellings.

Policy 3.5: Encourage and support creative strategies for the rehabilitation and adaptation and reuse of residential, commercial, and industrial structures for housing.

Program 3.9: Work annually with non-profit organizations, faith-based organizations, or the Housing Authority of the City of San Luis Obispo to encourage rehabilitation of residential, commercial, or industrial buildings to expand extremely low, very-low-, low- or moderate-income rental housing opportunities.

Goal 8: Special Housing Needs – Encourage the creation and maintenance of housing for those with special housing needs.

Policy 8.1: Encourage housing development that meets a variety of special needs, including large families, single parents, disabled persons, the elderly, students, veterans, farmworkers, the homeless, or those seeking congregate care, group housing, singleroom occupancy, or cohousing accommodations, utilizing universal design.

Policy 8.8: Continue to support regional efforts to address homelessness.

Policy 8.10: Assist the homeless and those at risk of becoming homeless by supporting shelters, temporary housing, and transitional housing.
1 City of San Luis Obispo 6th Cycle Housing Element

Program 8.11: Continue to provide resources that support local and regional solutions to meet the needs of the homeless and continue to support, jointly with other agencies, shelters and programs, such as Housing First and Rapid Rehousing, for the homeless and for displaced individuals and families.

Program 8.19: Continue to look for partnership opportunities with non-profit housing developers and service providers to acquire four vacant, blighted, or underutilized properties (land, retail or commercial space, motels, apartments, housing units, mobile home parks) during the planning period for conversion into affordable permanent and supportive housing for homeless persons and families.

Program 8.21: Continue to coordinate monthly with the County Department of Social Services, Homeless Services Oversight Council (HSOC), social service providers, and non-profit organizations to identify, evaluate, and implement strategies to reduce the impacts of homelessness on the city.

Homelessness Response
Strategic Plan
2024–2026

Homelessness Response
Field Team
Community Action Team (CAT)
Community Service Officers (CSOs)
Mobile Crisis Unit (MCU)
Public Works Maintenance Staff
Ranger Services
Code Enforcement Staff
City Attorney’s Office
City Biologist
City Communications
Community Development Staff
Tyler Corey
Teresa McClish
Daisy Wiberg
Kyle Bell
Owen Goode
Sarah Cooper
David Amini
Design Consultant
Verdin Marketing
Photography
K. Donohue Photography
City Council
Erica A. Stewart, Mayor
Andy Pease, Vice Mayor
Jan Marx
Michelle Shoresman
Emily Francis
Community Partners
Community Action Partnership of
San Luis Obispo (CAPSLO)
County of San Luis Obispo,
Homeless Services Division
Downtown SLO
Faith Community Stakeholders
Housing Authority of San Luis
Obispo (HASLO)
People’s Self-Help Housing
Transitions-Mental Health
Association’
Homelessness Response
Steering Committee
Derek Johnson, City Manager
(former)
Christine Dietrick, City Attorney
Whitney McDonald, Assistant
City Manager
Rick Scott, Chief of Police
Todd Tuggle, Fire Chief
Timmi Tway, Director of Community
Development
Matt Horn, Director of Public Works
Greg Avakian, Director of Parks
and Recreation
Whitney Szentesi, Public
Communications Manager
Acknowledgments
Thank you to all the members of our community who contributed to the creation of the City of San Luis Obispo’s first Homelessness Response Strategic Plan. And thank you to all City staff and key stakeholders who are part of the ongoing implementation of the plan.

OVERVIEW 4
STRATEGIC VISION 5
HOMELESSNESS: THE BIG PICTURE 6
PUBLIC ENGAGEMENT 11
STRATEGIC FRAMEWORK 12
REGIONAL COLLABORATION & ENGAGEMENT 13
COMMUNICATIONS 15
DATA 17
PILOT PROGRAMS 19
FUNDING OPPORTUNITIES 21

APPENDIX
A. PLANNING PROCESS 23
B. METRICS 29
C. KEY STAKEHOLDER RECOMMENDATIONS 32
D. ONLINE SURVEY DATA 36
E. UNHOUSED & UNSHELTERED SURVEY DATA 39
F. GLOSSARY 42
Table of Contents

| Homelessness Response Strategic Plan 4
Overview
Period Covered by Plan:

July 1, 2024 – June 30, 2026
Adopted by City Council:

March 21, 2023 (Resolution No. 11403)
The City of San Luis Obispo has established preventing and addressing homelessness as a key priority in alignment with its Major City Goal for Housing and Homelessness and the San Luis Obispo Countywide Plan to Address Homelessness. The creation of the City’s first Strategic Plan for Homelessness Response, which was adopted by City Council on March 21, 2023, was central to the work program for the Major City Goal.

Considering the urgent need to address homelessness in the City, a continuous implementation methodology was adopted to allow staff to implement elements of the plan as it was being written. City Council provided direction to focus the strategic plan on five key components:

Photo credit: K. Donohue Photography

1. Regional Collaboration & Engagement

2. Communications

3. Data

4. Pilot Programs

5. Funding Opportunities

PROGRESS UPDATES
City staff will report on the progress of the
Homelessness Response Strategic Plan objectives,
key tasks, and outcome measures bi-annually and/
or through Major City Goal reporting.

PLAN UPDATES
The 2024–26 Strategic Plan includes minor
modifications to the objectives and key tasks outlined for each key component, as well as updates to the state and local priorities framework to ensure
the plan’s relevancy, as approved by City Council
on June 18, 2024.

| Homelessness Response Strategic Plan 5
All community members in
SLO City are empowered
to successfully prevent
and address concerns
related to homelessness
through equitable access
to a variety of resources.

Periods of unsheltered
homelessness within SLO
City are reduced due to
the regional capacity to
conduct timely outreach
and connect individuals
and families to a range of
housing options.

Strategic
Vision
The City’s strategic planning efforts
are guided by the following vision:

Photo credit: K. Donohue Photography

| Homelessness Response Strategic Plan 6
Homelessness: The Big Picture

NATIONAL FOCUS
According to the United States Interagency Council on Homelessness (USICH), homelessness has been rising nationwide since 2016. For the first time since such data collection began, the number of unsheltered individuals, or those living in spaces not intended for human habitation (such as public spaces, cars, and abandoned buildings), outnumbered the number of sheltered individuals experiencing homelessness nationwide in 2020. As a result, Federal and State funding has increased to address issues related to homelessness.

The federal government released All In: The Federal Strategic Plan to Prevent and End Homelessness1 in December 2022. All In sets an ambitious goal to reduce homelessness 25% by 2025 and encourages state and local governments to develop their own strategic plans and objectives using the federal plan as a framework.

The Federal Strategic Plan is built around three ‘foundational pillars’ — equity, data, and collaboration — and three ‘solution pillars’ — housing and supports, homelessness response, and prevention. Each pillar includes strategies the federal government will implement to increase ‘availability of and access to housing, economic security, health care, and stability for all Americans’.

The Federal Strategic Plan provides the following assessment on the rise of homelessness in the United States —
“After steady declines from 2010 to 2016, homelessness in America has been rising, and more individuals are experiencing it in unsheltered settings, such as encampments. This increase stems from decades of growing economic inequality exacerbated by a global pandemic, soaring housing costs, and housing supply shortfalls. It is further exacerbated by inequitable access to health care, including mental health and/or substance use disorder treatment; discrimination and exclusion of people of color, LGBTQI+ people, people with disabilities and older adults; as well as the consequences of mass incarceration. As our nation faces the growing threats of climate change, more Americans are being displaced from their homes and people experiencing unsheltered homelessness face even greater risk to their health and safety as a result of climaterelated crises like wildfires, floods, and hurricanes. Even as homelessness response systems are helping more people than ever exit homelessness, more people are entering or reentering homelessness.”

1. All In: The Federal Strategic Plan to Prevent and End Homelessness

| Homelessness Response Strategic Plan 7

STATE PRIORITIES
At the state level, Governor Newsom invested $7.3 billion in 2021 and an additional $10.2 billion in 2022 to address the state’s homelessness crisis.2 The State’s 2023-24 fiscal year budget only included $3.4 billion for homelessness and the Governor’s proposed budget for FY2024–251 includes cuts to programs that help address homelessness and provide affordable housing. The statewide budget shortfall may have significant local impacts on homeless services and programs.2 The California Interagency Council on Homelessness (Cal ICH) is responsible for overseeing the state’s coordinated response to homelessness and implementing accountability measures for homelessness resources that are distributed to local governments, including the Homeless Housing, Assistance and Prevention (HHAP) Program. The Governor’s 2024-25 budget eliminates nearly $300 million in previously budgeted HHAP bonus funds and does not include any new funding for an additional round of HHAP funding or a commitment to fund it on an ongoing basis.3 The California Department of Housing and Community Development administers Homekey, ‘a statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness.3 Homekey provides state, regional, and local public entities with the opportunity to develop a broad range of housing types, including converting hotels and motels to permanent or transitional housing for individuals and families experiencing homelessness. Three rounds of Homekey funds have been administered to date, with the City of San Luis Obispo and People’s Self-Help Housing being awarded a Homekey Round 3 grant for the Calle Joaquin Homekey Project.4

COUNTYWIDE PLAN
At the local level, the County of San Luis Obispo is tasked with leading regional homelessness response efforts. Unlike its constituent cities, the County receives dedicated Federal and State funding to staff and implement programs and services that address underlying issues related to homelessness such as Social Services, Public Health, Behavioral Health, and Drug & Alcohol Services.

In August 2022 the San Luis Obispo County Board of Supervisors approved the Countywide Plan to Address Homelessness, 2022–2027 (Countywide Plan)4. The County outlined six key lines of effort in the plan:

1. Create affordable and appropriately designed housing opportunities and shelter options for underserved populations.

2. Focus efforts to reduce or eliminate the barriers to housing stability for those experiencing homelessness or at risk of homelessness, including prevention, diversion, supportive services, and housing navigation efforts.

3. Improve and expand data management efforts through HMIS and coordinated entry system to strengthen data-driven operational guidance and strategic oversight.

4. Create, identify, and streamline funding and resources.

2. Governor’s Budget Summary — 2023–24

3. California Department of Housing and Community Development — Homekey

4. The San Luis Obispo Countywide Plan to Address Homelessness

| Homelessness Response Strategic Plan 8

5. Strengthen regional collaboration.

6. Build public engagement through information-sharing and partnership.

The figure above provides a visualization of how each of these entities engage and overlap on homelessness response efforts. The size of each sphere demonstrates its level of influence for homeless response:

As the county seat, the City of San Luis Obispo has extended beyond its traditional role of maintaining public health and safety through law enforcement and has employed staff and engaged non-profit partners to address homelessness more urgently by increasing outreach efforts to connect homeless individuals and families with needed services.

This strategic plan outlines the City’s role as a connector to regional services and a good-faith partner in developing scalable and replicable programs for Countywide implementation. The City’s overarching objective going forward is to align with the Countywide Plan to Address Homelessness.

The City views the County as the leader in regional homelessness response efforts, and wants to support the lines of effort outlined in their plan to reduce homelessness by 50% by 2027.

| Homelessness Response Strategic Plan 9

HOMELESSNESS IN SLO CITY
The central role that the County plays in implementing state programs, setting regional priorities, distributing federal and state funding resources, and delivering services such as behavioral health, public health, social services, and drug and alcohol services plays an integral role in the City’s homelessness response efforts.

According to the County of San Luis Obispo’s 2024 Point-in-Time Count data5, 1,175 individuals experiencing homelessness were identified in San Luis Obispo County. Overall, the County saw a drop in the number of people experiencing unsheltered homelessness and a rise in sheltered homelessness since 2022. In the City of San
Luis Obispo, the number of homeless individuals
counted decreased compared to 2013 numbers
and increased compared to 2022 numbers (see
chart above). While unsheltered homelessness
increased since 2022, sheltered homelessness
is at an all-time high in San Luis Obispo.

The City of SLO is encouraged by the trend of
more unhoused individuals being sheltered, but
the rise in SLO’s unsheltered homelessness
numbers confirms the need for a more robust
housing continuum and service capacity to
prevent and address homelessness.

Societally, homelessness has a broad ripple
effect. In November 2022, the City conducted a
public survey to inform this strategic plan. Of the
592 individuals surveyed, 88% stated that they
had never personally experienced homelessness;

5. 2022 San Luis Obispo County Homeless Count and
Survey Comprehensive Report
600
700
500
400
300
200
100
0 SLO City Point in Time Count Data

UNSHELTERED SHELTERED
2013
602
148
324
158
2015
194
189
2017
326
156
2019
248
137
2022
310
202
2024

| Homelessness Response Strategic Plan 10
However, 50% stated that they knew a friend or family member who has experienced homelessness and 87% stated that they observed people experiencing homelessness in the City of San Luis Obispo on a daily basis.

The experience of homelessness has detrimental effects on a person’s mental, physical, and emotional health. In these conditions, individuals experiencing long-term homelessness may resort to negative coping mechanisms (warming/cooking fires in areas of high vegetation, substance dependency, panhandling, etc.) which amplify the adverse impacts to the individual and compromises a broader sense of public safety and security. These problems are exacerbated when individuals who have preexisting mental health and/or substance abuse issues fall through cracks in the healthcare system and become homeless. As a result, homelessness prevention must be an important part of any strategy.

As mentioned in the Countywide Plan, the average rent in the County has increased by 46% since 2016. As of February 2022, the average rent in the County was $2,347 per month ($719 more than the national average). The County of SLO is the second least affordable small metro area in the entire nation, with cost of housing about 51.7% higher than the national average making it the fourth highest housing cost in the United States. Of all jurisdictions within the County, the City of San Luis Obispo has the highest percentage of renters that are spending over 30% of their income on rent.

This Homelessness Response Strategic Plan outlines the City’s role in implementing strategies to prevent homelessness and connect individuals experiencing homelessness to services and housing. The graphic below is a visual representation of the continuum of housing, and this strategic plan proposes expanding the continuum to meet the needs of key beneficiary groups who are experiencing homelessness in the City of San Luis Obispo.

The Housing Continuum

| Homelessness Response Strategic Plan 11
Public Engagement
Homelessness is an issue that touches every part of the community from personal wellbeing to public safety and environmental impact. As such, community feedback has been a vital component in shaping the City’s Strategic Plan.

Community feedback was collected through an online survey that was posted on the City’s Homelessness Prevention and Assistance webpage and shared across City communication channels. The survey was available to all City of San Luis Obispo community members from October 18 through November 19, 2022, and a total of 592 responses were received.

The City’s Homelessness Response Manager and Homelessness Response Coordinator also conducted individual surveys with unsheltered and unhoused individuals to incorporate their lived experience and valuable insight into the strategic plan. The individual surveys were administered onsite at Shower the People and BMW’s ‘Blessed to Serve’ BBQ on November 10, 2022.

In addition to those survey platforms, City staff also engaged key stakeholders in a series of feedback sessions. To encourage productive and honest discussion in the feedback sessions, staff identified six distinct stakeholder groups. This intentional format encouraged individuals and organizations to provide necessary feedback regardless of their relationship with the City (e.g. grant recipients, permit applicants, etc.). The stakeholder groups that were convened in the Fall of 2022 included:

1. Homeless Services Providers

2. Housing Services Providers

3. Healthcare Providers

4. Grassroots/Activists Groups

5. Business Community

6. Faith-Based Groups
A list of participating agencies and organizations, as well as a summary of the feedback that was received, are included in Appendices A and C.

San Luis Obispo community members attend the 2023 Community Forum on January 26, 2023

| Homelessness Response Strategic Plan 12
Strategic
Framework
The City of San Luis Obispo has identified the
following key components for its Homelessness
Response Strategic Plan, in alignment with
broader regional strategies and efforts:

The City’s implementation strategies for each
key component are outlined in the following
section. The framework includes overarching
goals, supporting objectives, actionable
key tasks, and an overview of how the City
will recognize success for each component.

Personal quotes from individuals currently
experiencing homelessness in San Luis Obispo
are included in each section to provide lived
experience perspectives.

1. Regional Collaboration
and Engagement

2. Communications

3. Data

4. Pilot programs

5. Funding Opportunities
Photo credit: K. Donohue Photography

| Homelessness Response Strategic Plan 13

1. REGIONAL COLLABORATION

AND ENGAGEMENT
“The veteran services application for section 8 housing is 80 pages long!” — UNSHELTERED INDIVIDUAL, SHOWER THE PEOPLE
“Being homeless, it takes a very long time to figure out how the resources can help us…You have to keep asking and asking and you connect with a lot of people. It’s a lot to coordinate and keep track of.” — UNSHELTERED INDIVIDUAL, BMW BLESSED TO SERVE BBQ

1.1 SUPPORTING ACTIONS
Objective 1: Work collaboratively with the County’s Homeless Services Division to establish and support regional priorities, equitable and transparent allocation of resources, and to implement strategies in alignment with shared regional goals.

Key Tasks

1. Advocate for policies and implement programs that are in alignment with the City and Countywide strategic plans, and regularly share progress with City Council and community members.

2. Promote best practices and advocate for consistent regional measures to gauge progress on connecting at-risk and unhoused individuals with services and housing opportunities.

Objective 2: Strengthen relationships with key stakeholders to create alignment, accountability, and opportunities for resource sharing and collaboration.

Key Tasks

1. Commit to regular community engagement with key stakeholder groups including homeless services providers, housing services providers, faith-based groups, health care providers, downtown business community, activists, and higher education institutions.

2. Identify and develop strategies to alleviate the priority concerns of key stakeholders within the framework of the City’s strategic plan.

3. Collaborate with Downtown SLO, SLOPD, SLOFD, and City outreach teams to enhance programs and services for downtown business community (e.g. Police bike officers, Police Community Service Officers, Fire Mobile Crisis Unit, Police Crime Prevention Through Environmental Design program, Downtown SLO Ambassadors).

GOAL: Collaborate with the County to engage regional partners in collaborative efforts to improve the effective use of resources and promote proven best practices.

| Homelessness Response Strategic Plan 14
Objective 3: Coordinate regional encampment and street outreach and cleanup efforts with the County, service providers, and regional partners.

Key Tasks

1. Work with the County to support transitional and permanent supportive housing options to reduce the number, size, and location of encampments.

2. Examine current challenges with City’s encampment outreach and cleanup efforts and develop consistent strategies and processes, in alignment with the City’s Compassionate Assistance, Mitigation and Prevention (CAMP) Standards.

3. Coordinate with County on encampment and street outreach to capitalize on windows of opportunity to connect unhoused individuals to services and shelter and avoid shuffling individuals between encampment locations and jurisdictions.

Objective 4: Expand hotel voucher program in collaboration with the County to ensure a bridge for temporary emergency shelter is in place as new transitional and permanent supportive housing opportunities are developed.

Key Tasks

1. Collaborate with the County and homeless services providers to expand hotel voucher program in coordination and alignment with the 2023–25 Financial Plan to provide hotel vouchers, up to a specified amount of annual funding, for unhoused individuals who are unable to receive shelter due to homeless service providers being at capacity.

1.2 OUTCOMES
We will recognize success when —

1. Regional priorities, strategies, and resources are established by the County and consistently communicated to regional agencies and evaluated to ensure effective implementation.

2. Identified key stakeholder groups are consistently and intentionally engaged.

3. The number of people inhabiting encampments and experiencing homelessness on City streets is reduced.

4. Encampment and street outreach, referral, and cleanup efforts are coordinated regionally.

5. The hotel voucher program expands service provider capacity to provide shelter for unhoused individuals while transitional and permanent supportive housing options are being developed.

| Homelessness Response Strategic Plan 15

2. COMMUNICATIONS
“There’s not enough awareness. People are sitting in their homes comfortably and not thinking about these issues”
— UNSHELTERED INDIVIDUAL, SHOWER THE PEOPLE
“With the warming centers, most of the time I don’t know if the center will be open.” — UNSHELTERED INDIVIDUAL, BMW BLESSED TO SERVE BBQ
“Service providers have enough going on and sometimes they don’t know where to refer us to. I started helping people who were lost and didn’t know where to go because people helped me.” — UNSHELTERED INDIVIDUAL, SHOWER THE PEOPLE

2.1 SUPPORTING OBJECTIVES
Objective 1: Increase homelessness response communications.

Key Tasks

1. Maintain and update SLO City’s Homelessness Response website with relevant resources including information for At-Risk Community Members, Unhoused or Unsheltered Community Members, Property Owners, and Helpers.6

2. Increase awareness of Ask SLO platform and streamline responses across homelessness response team.

3. Collaborate with service providers, the County, and other regional partners to co-facilitate an annual community forum focused on homelessness and local response resources.

4. Conduct annual survey to measure awareness of existing homeless services and incorporate relevant updates to survey questions and provide incentives (such as gift cards) to increase engagement and elicit more effective feedback.
7 5. Ensure that property owners are informed of their rights and available resources and actions that can be taken to prevent and address issues related to homelessness, including opportunities through the City’s Safe Housing Program and Cal Poly’s Educated Renter Program.

6. Update City’s Homeless Resources Pocket Guide annually and distribute to key stakeholders including service providers, regional partners, outreach staff, and unhoused and unsheltered community members to prevent and address issues related to homelessness.

6. The City of San Luis Obispo’s Homeless Response website has been updated with relevant resources and will be maintained and updated on an ongoing basis.

7. Initial community survey was conducted in the Fall of 2022, including individual surveys to unhoused and unsheltered individuals.

GOAL: Enable equitable access to resources and increase transparency so that all community members are aware of efforts to address gaps in service and know where/how/when to reach out for assistance to address concerns related to homelessness.

| Homelessness Response Strategic Plan 16
Objective 2: Communicate consistent homelessness response messaging across region.

Key Tasks

1. Collaborate with regional partners to develop and implement a communications strategy to inform residents, property owners, and the business community about individual and joint efforts to address homelessness, as well as strategies and resources to address and reduce adverse impacts.

2. Establish consistent web, print, and field outreach resources across the region for people vulnerable to or currently experiencing homelessness that are easily accessible and provide clear information on accessing needed services.

3. Update the City’s external communication portals (e.g., website) to include regional homelessness resources.

2.2 OUTCOMES
We will recognize success when —

1. Our community members know where to go for information and resources related to homelessness.

2. The County is widely recognized as the leader in regional homelessness response efforts.

3. Effective talking points are consistently shared across our City and Region.

4. At-risk community members and unhoused individuals are clear about service capacity and where to obtain services to prevent and address homelessness.

| Homelessness Response Strategic Plan 17

3. DATA
“Even I was shocked when I became homeless at how many other people were homeless. Once you are here it’s pretty hard to get out.”
— INDIVIDUAL EXPERIENCING HOMELESSNESS, BMW BLESSED TO SERVE BBQ “You think I’m out here because I want to be? I never thought I’d be here.” — UNSHELTERED INDIVIDUAL, SHOWER THE PEOPLE
“I’ve been homeless for close to a year… It’s been on and off for short periods of time.” — UNSHELTERED INDIVIDUAL, BMW BLESSED TO SERVE BBQ

3.1 SUPPORTING OBJECTIVES
Objective 1: Utilize a shared data platform.

Key Tasks

1. Develop and pilot a digital homeless encampment management tool to streamline field staff outreach, referral, and response efforts to connect unhoused individuals with needed services.8

2. Advocate for a shared data platform for City outreach staff utilization, including City participation in the Countywide HMIS.

Objective 2: Increase data sharing between agencies.

Key Tasks

1. Establish referral system for City staff to make referrals to service providers through the homeless encampment management tool to track outcomes and increase referrals for unhoused individuals.9

2. Coordinate with County to conduct on-site encampment visits and assess data needs and barriers to accessing services.

3. Work with SLO County Homeless Services Division and SLOCOG to advocate for countywide tracking of regional shelter beds and interim and supportive housing units.

8. The digital homeless encampment management tool (Survey123 GIS app) was launched in December 2022 and is being used by City field staff.

9. The digital homeless encampment management tool includes service provider referral capabilities.

GOAL: Streamline internal and external data collection processes to enable timely and effective coordination of homelessness response efforts and provide analysis to inform best practices.

| Homelessness Response Strategic Plan 18
Objective 3: Increase transparency of below market rate housing inventory and make data more accessible to service providers and regional partners.

Key Tasks

1. Utilize the City’s below market rate housing administrator data to connect individuals at risk of experiencing homelessness with housing opportunities.

2. Share information with the County and regional partners on upcoming affordable housing units.

3. Promote regional programs (e.g. Section 8 Voucher program) to property owners within the City.

3.2 OUTCOMES
We will recognize success when —

1. Information is shared more efficiently increasing the placement of unhoused individuals into temporary or permanent supportive housing.

2. Shared data resources make it easier for outreach professionals to routinely make successful referrals connecting unhoused individuals with services.

3. City staff and regional partners share a tool for data entry that ensures consistency and improves outcomes across the region.

4. Encampment cleanups and outreach efforts are coordinated regionally.

| Homelessness Response Strategic Plan 19

4. PILOT PROGRAMS
“A shower is one of the keys to keeping your dignity.”
— UNHOUSED INDIVIDUAL, SHOWER THE PEOPLE
“Unhoused individuals just need a place to lock up their stuff and feel safe sleeping at night.” — UNHOUSED INDIVIDUAL, SHOWER THE PEOPLE
“I used to use the Railroad Safe Parking, but the community complaints drove me away…I really do appreciate and respect the 40 Prado staff working that though.” — UNHOUSED INDIVIDUAL, SHOWER THE PEOPLE

4.1 SUPPORTING OBJECTIVES
Objective 1: Continue development of City-operated pilot programs and share best practices with County for potential regional implementation if proven effective.

Key Tasks

1. Continue development and operation of Community Action Team (CAT) and Mobile Crisis Unit (MCU) programs. Support CAT and MCU encampment outreach efforts to connect unhoused individuals with needed services by developing clear and effective policies and procedures.

2. Document successful outcomes for CAT and MCU deployment and share outcomes and best practices with the County.

3. Meet regularly with the County’s Homeless Services Department to evaluate the effectiveness of City-operated pilot programs and discuss long-term sustainability and implementation at the County level.10

4. Provide quantitative and qualitative data to County showing the impact of City pilot programs

5. Implement Behavioral Health Partnership with the County to provide Licensed Psychiatric Technicians to be paired with City CAT and MCU teams.

10. Bi-weekly meeting schedule implemented between City’s Homelessness Response staff and the County’s Homeless Services staff.

GOAL: Collaborate with the County to develop scalable and replicable programs to connect those experiencing homelessness to a variety of shelter and housing options through timely outreach, and advocate for County implementation of successful programs.

| Homelessness Response Strategic Plan 20
Objective 2: Coordinate with the County to identify, develop, and implement new pilot program opportunities to provide shelter and housing specifically for chronically homeless individuals, medically vulnerable individuals, and families.

Key Tasks

1. Establish partnerships with key stakeholder groups including housing providers, homeless services providers, and faith-based community organizations to provide new transitional and permanent supportive housing resources for individuals and families.

2. Research emergency and transitional shelter, and permanent supportive housing, programs that address target beneficiary populations and advocate for further development of small-scale pilot programs.

3. Pursue opportunities with the faith-based community to develop safe parking or tiny home placement initiatives.11

4. Proactively coordinate with the County to assess new pilot program models and determine feasibility.

5. Proceed to implement the Rotating Overnight Safe Parking Pilot Program.

6. Advocate for the County to implement a regional overnight safe parking model.

3.2 OUTCOMES
We will recognize success when —

1. City-operated pilot programs are proven effective and financially sustainable.

2. Pilot programs are developed and implemented in collaboration with the County and achieve long-term sustainability.

11. Follow up stakeholder meeting scheduled with faith-based community to discuss partnership and collaboration opportunities.

| Homelessness Response Strategic Plan 21

5. FUNDING OPPORTUNITIES
“It’s almost like California dares you to make it out here with the cost of living.” — UNSHELTERED INDIVIDUAL, BMW BLESSED TO SERVE BBQ
“I would write a grant for garbage collection services. People produce a lot of trash when they’re homeless. Mounds of garbage alienate people from the homeless.” — UNSHELTERED INDIVIDUAL, SHOWER THE PEOPLE

5.1 SUPPORTING ACTIONS
Objective 1: Strategically apply for funding opportunities for homelessness response in coordination with the County and non-profit partners to secure funding that may become available through Federal and State, and other sources.

Key Tasks

1. Collaborate with County and regional partners to strategically apply for ongoing and one-time homelessness response funding opportunities.

2. Track homelessness response grant opportunities as appropriate to meet City goals and objectives outlined in this strategic plan.

3. Establish partnerships with donor organizations with an interest in addressing homelessness through municipal government.

4. Identify and apply for funding opportunities in collaboration with the County that will increase outreach and case management services to provide unhoused individuals with needed resources and opportunities to engage in services.

5. Seek funding for homelessness prevention pilot programs.

Objective 2: Support efforts to establish emergency, transitional, and permanent supportive housing for key beneficiary groups including chronically homeless individuals, medically vulnerable individuals, and families.

Key Tasks

1. Establish partnerships with housing developers and homeless services providers to submit funding applications in coordination with the County (e.g. Homekey Grant Funding) that will provide new transitional and permanent supportive housing resources for families.

2. Collaborate with housing developers and homeless services providers to expand below market rate housing options and coordinate with the County to ensure inclusion of wrap around and support services.

3. Advocate for development of skilled nursing facilities and recuperative care facilities in San Luis Obispo County that can serve extremely low-income individuals.

GOAL: Proactively seek funding opportunities to meet localized needs as aligned with regional goals to prevent and address homelessness.

| Homelessness Response Strategic Plan 22
Objective 3: Engage in efforts to leverage resources to develop a more robust regional service delivery system.

Key Tasks

1. Participate on the Steering Committee for the Countywide Strategic Plan to Address Homelessness.12

2. Regularly participate in activities convened by the Homeless Services Oversight Council, Coordinated Entry System Lead Agencies, homelessness response provider agencies, and neighboring jurisdictions to identify opportunities to leverage funding resources.

3. Provide recommendations to the County of SLO Homelessness Accountability Commission and advocate for the formation of key metrics to monitor and improve resource allocation to effectively decrease homelessness.

4. Participate in and support the strategic planning process for CAPSLO and 40 Prado Homeless Services Center.

5.2 OUTCOMES
We will recognize success when —

1. The County uses it’s established metrics to guide actions and confirm the positive impact of regional efforts to reduce homelessness.

2. The City reaches key performance indicator (KPI) targets for below market rate housing production and implements successful transitional housing projects to help bridge the gap between emergency and permanent supportive housing solutions.

3. The City collaborates with County and regional partners on funding opportunities and receives funding for regional efforts.

12. Homelessness Response Manager participated in the Steering Committee for the Countywide Strategic Plan development process in 2022.

| Homelessness Response Strategic Plan Appendix | 23
APPENDIX A | PLANNING PROCESS
In December 2020, the City of San Luis Obispo allocated funding for its first Homelessness Response Manager who started work for the City in April 2021. Following the creation of the new position, City Council adopted the 2021–2023 Major City Goal for Housing and Homelessness.

The City’s first Homelessness Response Strategic Plan was a central component of the work program.

GAPS ASSESSMENT
The City’s Homelessness Response Manager conducted an extensive gaps assessment upon entering into the role on May 5, 2021 and presented findings to City Council on November 16, 2021.

KEY FINDINGS SUMMARIZED
Through regular meetings with City residents, elected officials, City departments, emergency services providers, County departments, continuum of care organizations, local nonprofits, healthcare providers, and local activists, the Homelessness Response Manager identified the following five key components as having the greatest potential for positive and lasting impact on homelessness in the City of San Luis Obispo:

1. Regional Collaboration and Engagement: The challenges associated with addressing homelessness do not always follow jurisdictional lines. This is particularly true with respect to the “continuum of shelter.” Each community cannot provide every type of shelter that is needed in the region, and resources are not equally available for jurisdictions to provide the full range of services needed. As a result, regional collaboration, advocacy work, and ongoing engagement with partners across the region are important aspects of the City’s strategic approach.

2. Communications: Many external communications materials related to homelessness — including printed notices, flyers, pamphlets, and web resources — were found to be outdated. This has led to a misalignment of community expectations and current City policies/law enforcement capacities. Clear, timely, and consistent communication is necessary to keep interdepartmental staff, as well as concerned members of the public, aware of ongoing homelessness response efforts and resources.

3. Data: Nearly every stakeholder group identified either a lack of data, or data sharing, as a key gap in existing services. While the City does not have authority over or access to service providers systems such as Coordinated Entry or the Homelessness Management Information System (HMIS), multiple City departments directly engage with the homeless population and participate in data collection on a daily basis. The ability to streamline City data and coordinate with service providers is critical to establishing data informed best practices.

4. Pilot Programs: While the City does not have dedicated funding streams for homelessness response programs, its practice of establishing pilot programs13, proving effectiveness, and advocating for county adoption has enabled the city to “lead by example”. This model presents many opportunities to address gaps in outreach services and contribute to the development of local shelter capacity/variety; however, the City must work in close coordination with the County to develop pilot program models that align with regional priorities to ensure programmatic implementation and sustainability.

13. Current City pilot programs include the Community Action Team and Mobile Crisis Unit.

| Homelessness Response Strategic Plan Appendix | 24

5. Funding Opportunities: As the Federal Government and State of California have recognized the urgency of the homeless crisis, more funding has become available. While it is not practical to pursue every available funding opportunity, the City will support the County in establishing clear regional priorities, collaborating on identified funding opportunities, and implementing all funding requirements that pertain to the City.

COORDINATION WITH COUNTY PLANNING EFFORT
In April 2021, the County of San Luis Obispo began a new strategic planning effort to address homelessness. Recognizing the County’s leadership role for regional homelessness response efforts and services, while also considering the urgent need to address homelessness within the City of San Luis Obispo, Council approved a continuous implementation methodology for the Strategic Plan.

This methodology allowed for continuous assessment and troubleshooting to address immediate needs, which in turn informed the City’s long-term strategy. In other words, the City has not waited for a written plan to start taking action.

As a result, the Homelessness Response Manager presented study session updates on the City’s strategic plan in a series of City Council Meetings on November 16, 2021, June 21, 2022, and September 20, 2022.

Following the Board of Supervisor’s adoption of a 5-Year Countywide Strategic Plan to Address Homelessness on August 9, 2022, the City of San Luis Obispo worked to formalize its own strategic plan in alignment with regional goals.

COMMUNITY ENGAGEMENT
To inform the Strategic Plan, the City reviewed data on homelessness within San Luis Obispo and the surrounding region, examined related City policies and planning documents, facilitated community feedback through an online survey, conducted feedback sessions with key stakeholder groups, and administered field surveys of people currently experiencing homelessness in the City of San Luis Obispo. These forums provided participants the opportunity to share feedback on the most pressing concerns related to homelessness, available resources, and opportunities for future efforts in each of the plan’s five key component areas.

Online Survey Methodology
Community feedback on the City’s Strategic Plan was collected through a 15-question online survey on the Open Town Hall platform. The survey was available to the public from October 18 to November 19, 2022.

The survey was distributed through various City communication channels, including the City website, social media channels, email outreach, local radio, and word of mouth awareness. The survey was accessed via the Homeless Response page on the City of SLO’s website, www.slocity. org/homelessness, and received a total of 592 responses.

| Homelessness Response Strategic Plan Appendix | 25
Stakeholder Feedback Methodology
In an effort to inform the Strategic Plan to Prevent and Address Homelessness, the City convened groups of similarly situated stakeholders to provide insights and recommendations. Six key stakeholder groups were identified: Homeless Services Providers, Housing Services Providers, Healthcare Providers, Activist Groups, Business Community, Faith-Based Community Groups.

A list of agencies and programs represented through the stakeholder engagement process is included in Table 1 below:

Table 1: Feedback Session Participating Agencies & Organizations Homeless Services Providers
40 Prado Homeless Services Center
5Cities Homeless Coalition
El Camino Homeless Organization
Family Care Network
Lumina Alliance
Restorative Partners
Shower the People
Transitions-Mental Health Association
Housing Services Providers
Habitat for Humanity
People's Self-Help Housing
The Housing Authority of the
City of San Luis Obispo
Healthcare Providers
CenCal Health
Community Health Center
County of San Luis Obispo Behavioral Health
Dignity Health / French Hospital Medical Center
Activist Groups
Diversity Coalition
Gala Pride and Diversity Center
Hope’s Village of SLO
Individual Community Activists
League of Women Voters
Save Our Downtown
SLO Street Medics

SLO YIMBY
Business Community
Downtown SLO
San Luis Obispo Business Owners
San Luis Obispo Chamber of Commerce
Faith-Based Groups
Calvary SLO
Congregation Beth David
Jewish Family Services
Mission San Luis Obispo de Tolosa
Mt Carmel SLO
Renovate Church
SLO United Church of Christ
SLO United Methodist Church
St. Stephen's Episcopal Church
Unitarian Universalists San Luis Obispo
United Way

| Homelessness Response Strategic Plan Appendix | 26
Outreach for each of the community feedback sessions was done by the Homelessness Response Manager and Homelessness Response Coordinator, with key stakeholders being identified and contacted via email.

The feedback sessions were held in person at various locations between November 1 and November 18, 2022.

Unhoused Field Survey Methodology
Individual surveys were administered to sheltered and unsheltered homeless individuals on November 10, 2022, at two different locations in San Luis Obispo. A total of 23 individuals participated in the survey, including 11 unsheltered individuals and and 12 individuals living out of their vehicles.

The first survey location was at Unitarian Universalist Church (2201 Lawton Avenue), where Shower the People provides showers to unhoused community members. The second survey location was at BMW of San Luis Obispo (1251 Calle Joaquin), where BMW provides a weekly ‘Blessed to Serve’ BBQ for unhoused community members.

Interviews were conducted with individuals while they waited or after they received their shower/ meal, and responses were documented on handwritten survey forms. All participants were provided with a gift card incentive for participating in the survey.

Data from the survey enabled a more comprehensive understanding of the experiences of unhoused individuals. To center the voices of those experiencing homelessness throughout this plan, quotes from these survey responses are featured at the beginning of each key component section.

STRATEGY DEVELOPMENT
Two-Year Time Frame
The City of San Luis Obispo developed a 2-year Homelessness Response Strategic Plan to implement a realistic, action-oriented plan per City Council’s guidance.

The 2-year framework was intentionally established to create accountability and allow for ongoing evaluation and adaptability to adjust objectives and strategies in response to the changing landscape of homelessness in San Luis Obispo.

Year 1 Focus: Establish priorities, align with newly adopted Countywide Plan, and amplify what is working.

Year 2 Focus: Develop new resources and partnerships in alignment the County and service providers to address ongoing gaps.

| Homelessness Response Strategic Plan Appendix | 27
While our initial 2-year plan aims to encompass the City and Region’s current priorities, other priorities and tasks will be included in future updates to the strategic plan, in continued alignment with the County and State programs and opportunities.

Alignment
Initiating this plan in FY 2022 allows for established goals to influence the City’s 2023–2025 Financial Plan. Renewal of the plan in 2-year intervals aligns with the City’s 2020–2028 Housing Element as well as its 2019–2028 Regional Housing Needs Allocation (RHNA). Moreover, the City’s 2-year cycle allows time to analyze lessons learned and best practices that can meaningfully contribute to an updated regional strategy following the current 2022–2027 Countywide Strategic Plan to Address Homelessness.

Based on findings from the information gathering and stakeholder engagement processes, the City of San Luis Obispo identified 2-year goals for each of the plan’s five key components: 1. Regional Collaboration and Engagement, 2. Communications, 3. Data, 4. Pilot Programs, 5. Funding Opportunities.

To support the successful attainment of each goal, the the City developed objectives, key tasks, and measures for recognizing success. In addition, the City also explored ways in which each goal may align with or enhance the impact of the 5-year Countywide Strategic Plan to Address Homelessness, as demonstrated in Table 2 of next page.

Photo credit: K. Donohue Photography

| Homelessness Response Strategic Plan Appendix | 28
Table 2: Alignment of Strategic Plan Goals
City-Level Key Components

1. REGIONAL COLLABORATION
& ENGAGEMENT
Engage regional partners in collaborative
efforts to improve the effective use of
resources.

2. COMMUNICATIONS
Enable equitable access to resources
and increase transparency so that all
community members are aware of efforts to
address gaps in service and know where/
how/when to reach out for assistance to
address concerns related to homelessness.

3. DATA
Streamline internal and external
data collection processes to enable
timely and effective coordination of
homelessness response efforts and
provide analysis to inform best practices.

4. PILOT PROGRAMS
Collaborate with the County to develop
scalable and replicable programs
to connect those experiencing
homelessness to a variety of shelter
and housing options through timely
outreach, and advocate for County
implementation of successful programs.

Countywide Lines of Effort
LINE OF EFFORT 5
Strengthen regional collaboration.

LINE OF EFFORT 6
Build public engagement through
information-sharing and partnership.

LINE OF EFFORT 3
Improve and expand data management
efforts through [countywide] HMIS and
coordinated entry system to strengthen datadriven operational guidance and strategic oversight.

LINE OF EFFORT 1
Create affordable and appropriately
designed housing opportunities and shelter
options for underserved populations.

LINE OF EFFORT 2
Focus efforts to reduce or eliminate the
barriers to housing stability for those
experiencing homelessness or at risk of
homelessness, including prevention, diversion,
supportive services, and housing navigation efforts.

LINE OF EFFORT 4
Create, identify, and streamline funding
and resources.

5. FUNDING OPPORTUNITIES
Proactively seek funding opportunities to
meet localized needs as aligned with regional
goals to prevent and address homelessness.

Appendix | 29
APPENDIX B | METRICS
The 2022–2024 implementation of the Homelessness Response Strategic Plan will help develop and define baseline data to be used for accountability and tracking. The following metrics are initial methods for measuring progress towards Strategic Plan goals, and may evolve during implementation of the 2-year Strategic Plan.

REGIONAL COLLABORATION & ENGAGEMENT
Metric 1: Number of engagement opportunities with key stakeholder groups, with the goal of three engagement opportunities per quarter.
• Data Sources: Internal data tracking for engagement opportunities • Timeline: Annually
• Internal Progress Management Lead: Homelessness Response Manager

COMMUNICATIONS
Metric 1: Number of individuals that are aware of available shelter and mental/physical health services compared to baseline numbers.
• Data Sources: Annual community surveys
• Timeline: Annually
• Internal Progress Management Lead: Homelessness Response Manager Metric 2: Community comments received during annual Homelessness Response Forum cofacilitated by the City, County, and regional partners. • Data Sources: Qualitative data from Homelessness Response Forum • Timeline: Annually
• Internal Progress Management Lead: Homelessness Response Manager Metric 3: Annual percentage increase in City homelessness prevention and assistance webpage views and engagement.
• Data Sources: City website metrics and analytics
• Timeline: Progress towards this goal will be evaluated in alignment with the release of updated resource information and tools on an annual basis
• Internal Progress Management Lead: City Communications Manager Metric 4: Number of Ask SLO requests related to transient encampments. • Data Sources: Ask SLO request data
• Timeline: Annually
• Internal Progress Management Lead: Homelessness Response Manager | Homelessness Response Strategic Plan Page 713 of 767
| Homelessness Response Strategic Plan Appendix | 30
DATA
Metric 1: Number of regional referrals that are made through the encampment management tool. • Data Sources: Encampment management tool referrals
• Timeline: Annually
• Internal Progress Management Lead: Administrative Specialist for Homelessness Response Metric 2: Number of transitional, permanent supportive, and below market rate housing units that are preserved or produced to connect individuals at risk of experiencing homelessness with housing opportunities.
• Data Sources: Housing Administrator Data Tracking
• Timeline: Annually
• Internal Progress Management Lead: Housing Coordinator Metric 3: Number of SLO Police Department and SLO Fire Department transient-related calls for service.
• Data Sources: SLOPD and SLO Fire Transient Incident Reports • Timeline: Annually
• Internal Progress Management Lead: Administrative Specialist for Homelessness Response Metric 4: Resources spent on environmental cleanup efforts related to homelessness response. • Data Sources: City department budgets
• Timeline: Annually
• Internal Progress Management Lead: Administrative Specialist for Homelessness Response Metric 5: Number of encampment cleanouts identified through encampment management tool. • Data Sources: Data points captured through encampment management tool • Timeline: Annually
• Internal Progress Management Lead: Administrative Specialist for Homelessness Response

PILOT PROGRAMS
Metric 1: Number of referrals made by City outreach staff for hotel voucher program. • Data Sources: Referrals tracked through Data Management App • Timeline: Quarterly
• Internal Progress Management Lead: Administrative Specialist for Homelessness Response Metric 2: Number of hotel vouchers distributed by homeless services providers. • Data Sources: Hotel voucher distribution data tracked by homeless services providers • Timeline: Quarterly
• Internal Progress Management Lead: Homelessness Response Manager

| Homelessness Response Strategic Plan Appendix | 31

FUNDING OPPORTUNITIES
Metric 1: Number of below market rate housing units secured through entitlements. • Data Sources: Key Performance Indicator (KPI) for Affordable Housing Production • Timeline: Annually
• Internal Progress Management Lead: Housing Coordinator Metric 2: Number of transitional and permanent supportive housing units secured. • Data Sources: Grant and/or restrictive housing agreements • Timeline: Annually
• Internal Progress Management Lead: Housing Coordinator

| Homelessness Response Strategic Plan Appendix | 32
APPENDIX C | KEY STAKEHOLDER RECOMMENDATIONS

| Homelessness Response Strategic Plan Page 717 of 767 Appendix | 33 | Homelessness Response Strategic Plan Page 718 of 767 Appendix | 34 | Homelessness Response Strategic Plan Page 719 of 767 Appendix | 35 | Homelessness Response Strategic Plan Appendix | 36
APPENDIX D | ONLINE SURVEY DATA
QUESTION 7
What would increase your likelihood of
volunteering with organizations that
assist the homeless population?
Count
353
SLO County
Outside SLO County
Not currently
employed

15.7%

6.3%

18.4%
93 SLO City 59.6%
37 109
QUESTION 1
Where is your place of residence?
QUESTION 2
Where is your place of employment?
QUESTION 3
Have you ever experienced homelessness?
QUESTION 4
Do you know a friend or family member
who has experienced homelessness?
QUESTION 5
How often do you observe people
experiencing homelessness in SLO City?
Count
69 No 88.3% 523
Yes 11.7%
Count

65.7%

32.1%

2.2%
389
190
13 SLO County
Outside SLO County
SLO City
Count
295
No 50% 297
Yes 49%
Count

87.3%

12.3%

0.3%
517
73 2
Often/Weekly
Occasionally/
Monthly
Frequently/Daily
QUESTION 6
Do you currently volunteer with local
organizations or groups that assist those
experiencing homelessness? (ex:40 Prado
Homeless Services Center, SLO Food Bank,
Shower the People, etc.)
Count
149
Weekend hours
Variety of tasks
Other

24.7%

47.2%

36.5%
106
Online sign up 34.7%
203
157
QUESTION 8
Please rank the following issues in order
of urgency as related to homelessness
in the City of San Luis Obispo:

1. Wellbeing of those experiencing homelessness

2. Availability of affordable housing for single adults

5. Negative coping mechanisms

4. Environmental impact

3. Private property/security
Rank by Issue
0%
5%
10%
15%
20%
25%
30%
35%
Percentage of Responses
1st 2nd 3rd 4th 5th

| Homelessness Response Strategic Plan Appendix | 37
Count
311
Call 911
Call non-emergency
dispatch
Other

5.9%

27.7%

13.9%
35 Walk away 52.5%
164
82 QUESTION 10
If you experience someone on the street
suffering from a mental health distress
(erratic behavior, verbal outburst,
unintentional physical exposure) but
not presenting an immediate danger to
themselves or others what would you do?
QUESTION 11
Where do you go to find information
or resources related to homelessness
response in SLO City?
Count
122
Google
SLO City Website
Local News Website

40.3%

26.1%

35.5%
233
N/A 21.1%
151
205
Other 13% 75
QUESTION 9
Which City-funded services
have you heard of?
40 Prado
Prado
Safe
Parking
RR
Safe
Parking
CATM None
of the
above
84%
61%
53%
40% 38%
10%
QUESTION 12
Rank the urgency of the
following data elements:

Data sharing platform to coordinate street/
encampment outreach
Information for all available low-income houseing
units and financialhousing assistance resources
Inventory of properties that may be developed for
emergency/transitional shelter
Rank by Issue
0%
10%
20%
30%
40%
50%
Percentage of Responses
1st 2nd 3rd
QUESTION 13
The City does not currently track the
following data. Rank the importance of
monitoring the following data points:

Rate of return to homelessness after placement in
shelter/housing and causes
Number of successful versus unsuccessful city
outreach referrals to shelter/housing
Average time enrolled in case
management before offer of housing
Cause of death amonth those
experiencing homelessness
Rank by Importance
0%
10%
20%
30%
40%
50%
60%
Percentage of Responses
1st 2nd 3rd 4th
MCU

| Homelessness Response Strategic Plan Appendix | 38
QUESTION 14
You’ve got 10 dots to ‘spend’. How would
you spend them on these services?
Safe parking spaces
Transitional housing
Emergency shelter
Safe sleeping spaces
Street outreach services
Other
22%
13%
16% 17%
21%
10%
QUESTION 15
Prioritize the following elements to
advocate for County engagement:

Rate of return to homelessness after placement in
shelter/housing and causes
Number of successful versus unsuccessful city
outreach referrals to shelter/housing
Average time enrolled in case
management before offer of housing
Cause of death amonth those
experiencing homelessness
Rank by Importance
0%
10%
20%
30%
40%
50%
60%
Percentage of Responses
1st 2nd 3rd 4th

APPENDIX E | UNHOUSED & UNSHELTERED SURVEY DATA
| Homelessness Response Strategic Plan Page 723 of 767 Appendix | 39 | Homelessness Response Strategic Plan
Appendix | 40

| Homelessness Response Strategic Plan Page 725 of 767 Appendix | 41 | Homelessness Response Strategic Plan Appendix | 42
APPENDIX F | GLOSSARY
Affordable Housing: Housing that is often procured through a voucher subsidy that pays the majority of the rental cost (e.g., Section 8 Voucher, Emergency Housing Voucher).

At Risk of Homelessness: A status given to individuals and their families who have unstable housing and inadequate income and resources.

Behavioral Health: The connection between a person’s behaviors and the health and well-being of the body and mind.

Below Market Rate Housing: Below Market Rate (BMR) means that the affordability level of a dwelling unit is below the cost of what the current market rate unit would be, and includes a deed restriction ensuring that the unit is affordable to extremely low-, very low-, low-, or moderate-income households. The income level is determined by the Area Median Income which is based on the median gross yearly income adjusted for assumed household size, in San Luis Obispo County.

The Area Median Income is determined by the Department of Housing and Urban Development (HUD). Below Market Rate units may be designated as rental units or provided for home ownership opportunities on a case-by-case basis.

Case Management: Assessment, planning, facilitation, care coordination, evaluation and advocacy with people experiencing homelessness. Staff work with individuals and families to address their comprehensive needs to help them exit homelessness and stay housed.

Chronically Homeless: A person who has been homeless for at least a year, either 12 months consecutively or over the course of at least 4 separate occasions in the past 3 years. To be chronically homeless, the individual or head of household must also have a disability.

Community Action Team (CAT): A City funded program that consists of one San Luis Obispo Police Department officer assigned to work with a social worker from Transitions Mental Health.

The Community Action Team connects individuals to services and resources to address housing, addiction counseling and services, food insecurity, mental health counseling and services, and family reunification. CAT identifies problems and crime trends that negatively impact the quality of life for residents, business owners and visitors to the City of San Luis Obispo. CAT works collaboratively with various organizations to address concerns and needs including other City departments, social service agencies, private businesses, and non-profits.

Community Development Block Grant (CDBG): A flexible program run by HUD that provides communities with resources to address a wide range of unique community development needs.

Coordinated Entry System: A system for accessing homeless housing and services that prioritizes the highest need, most vulnerable households in the community and that ensures the housing and supportive services in the system are used as efficiently and effectively as possible.

Diversion: A strategy that prevents homelessness for people seeking shelter by helping them identify immediate alternate housing arrangements and, if necessary, connecting them with supportive services and financial assistance to help them return to permanent housing.

| Homelessness Response Strategic Plan Appendix | 43
Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for homeless people. Shelter may include year-round emergency shelters, winter and warming shelters, navigation centers and transitional housing.

These types of shelter have varying hours, lengths of stay, food service, support services, and case management.

Encampment: An outdoor space that does not have amenities and is not intended for human habitation that is illegally inhabited with makeshift shelter (e.g., tent, tarps, scrap).

Geographic Information System (GIS): A computer system that captures, analyzes, and displays geographically referenced information. It uses data that is attached to a unique location.

Homekey Program: A statewide effort to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness. Homekey is an opportunity for state regional, and local public entities to develop a broad range of housing types, including but not limited to hotels, motels, hostels, single-family homes and multifamily apartments, adult residential facilities, and manufactured housing, and to convert commercial properties and other existing buildings to Permanent or Interim Housing for target populations.

Homeless: Homelessness is defined by HUD in four categories: (1) individuals and families who lack a fixed, regular, and adequate nighttime residence and includes a subset for an individual who resided in an emergency shelter or a place not meant for human habitation and who is exiting an institution where he or she temporarily resided; (2) individuals and families who will imminently lose their primary nighttime residence; (3) unaccompanied youth and families with children and youth who are defined as homeless under other federal statutes who do not otherwise qualify as homeless under this definition; and (4) individuals and families who are fleeing, or are attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member.

Homeless Management Information System (HMIS): A local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness.

Housing Choice Vouchers (HCVs): Formerly known as the Section 8 program, HCVs are longterm rental subsidies funded by HUD and administered by Public Housing Authorities that can be used to help pay for rent.

Key Performance Indicator (KPI): A quantifiable indicator of progress over time for a specific objective.

Market Rate Housing: Market Rate Housing means housing constructed in the principal project that is based on existing area market values or demand, Market Rate Housing is not subject to sales or rental restrictions.

Medically Vulnerable: A person over the age of 50 who experiences chronic medical conditions, including but not limited to lung disease, asthma, heart disease, liver or kidney disease, diabetes, and hypertension and/or has a compromised immune system such as from cancer, HIV, organ or bone marrow transplant, or as a side effect of medication or other conditions.

| Homelessness Response Strategic Plan Appendix | 44
Mobile Crisis Unit (MCU): A City funded program that consists of one City of San Luis Obispo Firefighter / Paramedic paired with a social worker from Transitions Mental Health to provide deescalation and relief to individuals experiencing a behavioral health crisis. Mobile crisis services include screening, assessment, stabilization, de-escalation, follow-up, and coordination with healthcare services and other support services.

Non-Congregate Shelter: Overnight sleeping accommodations with individual quarters, such as hotels, motels, and dormitories.

People with Lived Experience: Individuals who have lived through the experience of homelessness and have first-hand knowledge of what it is like to live unsheltered and/or to move through the homeless system of care.

Pilot Program: A small-scall, short-term experiment that incorporates best practices to help an organization implement a large-scale project.

Point-in-Time (PIT) Count: An annual process required of CoCs by HUD to count the number of people experiencing homelessness on a single night in January. The PIT count provides a snapshot of data available on the size and characteristics of the homeless population in a CoC over time.

Permanent Supportive Housing (PSH): Long-term housing with intensive supportive services for persons with disabilities. These programs typically target people with extensive experiences of homelessness and multiple vulnerabilities and needs who would not be able to retain housing without significant support.

Prevention: A strategy that targets financial resources and supportive services to people who are at imminent risk of homelessness (whereas Diversion usually targets people as they are initially trying to gain entry into shelter).

Recuperative Care: Short-term, post-hospital, residential care for individuals who no longer require hospitalization but still need to heal from an injury or illness (including behavioral health conditions), and whose condition would be exacerbated by an unstable living environment.

Regional Housing Needs Allocation (RHNA): A determination of a locality’s housing needs by the local Council of Government and based on State law, that takes into account various factors such as population growth, employment growth, vacancy rates, housing removals, and concentration of poverty.

Safe Parking: A parking program, operated on property located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. Shelter is provided in vehicles located in designated Safe Parking Areas for specified periods of time.

Street Outreach: Multi-disciplinary teams who work on the streets or in encampments to engage with people experiencing homelessness who may be disconnected or alienated from services and supports that are offered at an agency.

| Homelessness Response Strategic Plan Appendix | 45
Supportive Housing: The term Supportive Housing (per Government Code Section 65582[f], as may be amended) shall mean a dwelling unit occupied by a target population, with no limit on length of stay, that is linked to onsite or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions [W&I] Code Section 4500) and may include— among other populations—adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Supportive Services: Services offered (on a voluntary basis) to maximize housing stability and prevent returns to homelessness as opposed to addressing predetermined treatment goals prior to permanent housing entry. Services include assistance applying for benefits, mental health and substance use services, outpatient health services, information and referral services, child care, education, life skills training, employment assistance and job training, housing search and counseling services, legal services, outreach services, transportation, food assistance, risk assessment and safety planning (particularly for individuals and families experiencing domestic violence), and case management services such as counseling, finding and coordinating services, and monitoring and evaluating progress in a program.

Temporary Emergency Shelter: A designated outdoor space with minimal amenities (toilets, waste disposal, wash station) that allows participants to bring their own shelter for overnight use and must be vacated for daytime use by the general public.

Transient: A person who moves from place to place; a homeless person.

Transitional Housing: Non-congregate accommodation that is provided for up to 2 years while permanent housing is being identified and procured to meet an individual or family’s needs.

Unhoused: An individual without permanent physical accommodation or shelter, including individuals or families experiencing states of transitional or episodic homelessness (e.g. living out of a vehicle).

Unsheltered: An individual who is living in places not meant for human habitation; a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation.

Item 7c
Department: Information Technology
Cost Center: 1101
For Agenda of: 6/18/2024
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Josh Erquiaga, Information Technology Manager SUBJECT: APPROVE A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT FOR

BROADBAND SERVICES

RECOMMENDATION
Authorize the City Manager to execute a Public-Private Partnership Agreement for Broadband Services between the City of San Luis Obispo and Astound Broadband, LLC.

POLICY CONTEXT
The 2023-2025 Major City Goals call out specific tasks related to broadband.  Diversity, Equity, & Inclusion task
o 2.7a - Support the development and implementation of the Broadband Strategic Plan to ensure access is equitable and pursue funding to fill gaps.

The City Council adopted the Broadband Plan on June 20, 2023, to facilitate work to improve broadband access and affordability within the City. This public-private partnership agreement is necessary to acquire grant funding, which is a key component of the City’s Broadband Plan and delivery of broadband services in the City.

DISCUSSION
Background
As part of the adoption of the Broadband Plan on June 20, 2023, City staff recommended that the City Council authorize the release of an RFP for a Broadband Private Partner to work with the City to improve broadband access and affordability for City residents. The Broadband Plan relies on the City identifying a private partner that will operate last mile service to residents. Last mile services are the final connection between a provider network and the person subscribing to broadband services. Through this agreement, the provider will have the option to use the City backbone but will be responsible for building the connections to individual homes or businesses. A private partner is also a requirement of grant opportunities from the California Public Utilities Commissions (CPUC).

Item 7c
City staff released the RFP in June 2023. The RFP sought a private partner that could demonstrate experience and ability to perform the following roles:
 Retail network operations, maintenance, and management  Network construction & permitting
 Marketing & retail sales of symmetrical gigabit fiber-to-the-premises services  Financing and constructing service drops and laterals to subscribers  Customer services, billing, and retail network operations center (NOC) support  Technical field work, subscriber calls for service, and network repairs  Cash contributions toward match funding as required by various state and federal grant applications
 In-kind contributions of private broadband assets and/or services that would expand or enhance the City’s network
These roles are critical to a partner being able to operate and build retail services within the City which will improve access to broadband services for City residents. The City received proposals from three separate firms. Staff from the Public Works, Community Development, and Administration and IT evaluated each of the proposals and selected Astound Broadband as the best candidate to meet the City’s goals outlined in the Broadband Plan. Astound Broadband’s proposal demonstrated a clear understanding of the current state of fiber optic backbone deployment within the City and most closely aligned with the City’s proposed method of increasing broadband infrastructure within the City. Astound also committed to working with the City, including providing match funding when feasible, for grant opportunities to build out the remaining sections of the City’s fiber optic backbone. The two proposals which were not selected would have only operated the network once built and required the City to provide funding and construct all of the infrastructure to allow connections to individual neighborhoods and residences. Cost estimates for this work in these proposals ranged from $40 - $80 million dollars and did not include any private match. The proposals which were not selected also demonstrated a lack of understanding of current economic conditions within the City and the existing infrastructure available.

Staff has negotiated an agreement with Astound Broadband (Attachment A) with an initial term of 20 years and two optional five-year renewals. This is a reasonable term given the amount of time and planning involved in the installation of broadband infrastructure, and is consistent with other infrastructure agreements the City has made. Additionally, as part of the Broadband Plan staff and consultants created an analysis of likely operation costs for a Public/Private partnership model which indicates that the private partner will not see a return on investment until approximately year ten of an agreement. Given that the City desires to have sustainable infrastructure, a longer term is needed for the partnership to make business sense of a private partner. Staff believes that the agreement meets the goals set forth in the Broadband Plan as well as direction of City Council, including increasing access and affordability of broadband services for all residents of the City.

Some of the highlights of the agreement are:

Item 7c
- Grant partnership (including a private match for applicable grants when feasible) - Broadband pricing commitments (including subsidized rates for income qualified households)
- Measurable buildout of fiber backbone to increase access to services - Operation and maintenance of the City’s fiber backbone Grant Partnership
Astound has agreed to work with the City to secure grant funding for broadband infrastructure as part of the partnership, including providing matching grant funds or inkind contributions when feasible. Astound worked closely with the City to submit its Last Mile Federal Funding Account grant application in September of 2023 and committed to funding a 20% private match in the amount of $1,211,011 pending approval of this agreement. Many of the other grants that fund broadband infrastructure also require the City to have a private partner to apply for and receive grant funds which this agreement would formalize. Astound also has staff who are experienced in grant writing that will assist with these efforts.

Broadband Pricing Commitments
One of the key issues identified by the outreach conducted as part of the Broadband Plan was the cost of broadband services within the City. The Broadband Plan identified that City residents paid $0.32 per megabit (MB) on average, which is higher than the national average, particularly for urban/metro areas where competitive rates should be in the $0.15-0.25 per megabit range. Importantly, customers subscribing to plans providing less than 100 Mbps pay, on average, $1.19 per Mbps, while customers subscribing to higher speed plans pay, on average, $0.23 per Mbps.

As part of the Last Mile Federal Funding Account (FFA) grant application (administered by the California Public Utilities Commission), Astound committed to set pricing commitments for their Internet Services, and the City has extended that to this agreement.

Astound has agreed to provide services at costs not to exceed the following:
100 Mbps/100 Mbps $40/month
1 Gbps/1Gbps $80/month
At these pricing commitments, Astound’s 1Gbps/1Gbps service is $0.08 per Mbps, and its 100 Mbps/100 Mbps is $0.40 per Mbps, well below the average costs identified by the Broadband Plan outreach. While these not to exceed prices are important, it is also important to note that Astound’s current pricing is lower than these commitments (e.g. at time of publishing, the current price for 1 Gbps/1Gbps service is $45/month, or $0.045 per Mbps). Astound understands that they are moving into a competitive market, and endeavors to remain competitive amongst market incumbents. The pricing guarantees here are important to secure these services for City residents at an affordable rate for the long term.

Item 7c
In addition to this pricing, Astound has agreed to continue to provide their Internet First service, which provides a 50MB/50MB Internet connection for $10 per month for incomequalified households. This is especially important given the Federal Affordable Connectivity Program (ACP) ran out of funding at the end of April 2024 and has yet to be funded by Congress.

Measurable Buildout
As a partnership, both the City and Astound are committed to expansion of affordable broadband services within the City. Expansion of these services is an integral component of the City’s expectations of Astound over the course of the agreement. The partnership agreement lays out that Astound and the City will work together to create an initial set of expansion metrics to improve community access to broadband services within the first year of the agreement. Astound’s performance in meeting the agreed upon metrics will be reviewed (and the metrics updated if necessary) every two years for the duration of the agreement.

The Broadband Plan identified key areas of the City which the CPUC considers unserved or underserved. These areas were further refined as part of the City’s FFA grant. This provision for measurable build out gives the City the ability to ensure these areas are addressed as part of Astound’s expansion plans. City Staff expects that the first set of expansion metrics will be based on the FFA grant that the City and Astound filed together, should the CPUC award to the City. Should the City not be awarded FFA grant money, it will still have the opportunity to prioritize these areas while ensuring the total buildout is sustainable.

Operation and Maintenance of the City’s Fiber Backbone
Astound has agreed to assume operation and maintenance of the City’s existing fiber backbone and future build out per the Broadband Plan. One of the key responsibilities Astound will assume as part of operation and maintenance is fiber location. Currently, the City’s Utility locator position is responsible for locating all City fiber within the public right of way. While the Utilities department is able to backup other responsibilities of the Utility locator when they are unable to work (vacation, sick leave, etc.), there is currently no one on City staff who can do fiber location in their absence, which leaves the City fiber network vulnerable to accidental damage. Fiber location is part of the City’s responsibility to locate underground City assets in response to an 811 inquiry. Anyone doing underground excavation is encouraged to call 811 to have all Utilities marked to avoid damaging underground assets. Given the importance of the fiber backbone to both City and Astound operations, Astound assuming responsibility for fiber location will allow for consistent location of fiber optic assets, preventing possible damage. Astound also has the capability to perform repairs should accidental damage occur which will minimize service outages for both the City and customers of Astound. The Information Technology division currently pays only 5% of the cost of the Utility locator position ($4,173 in FY24 and $4,238 in FY25). Should this agreement be approved, that 5% share would be redistributed amongst the Utility departments that use the locators services.

Item 7c
Finally, Astound will also have the responsibility to operate retail services that are built off of the City’s fiber-optic backbone.

Additional Benefits to the City
As part of the agreement, the City will also retain access to leased dark fiber for connections Astound has previously built to serve various City facilities. (Dark fiber refers to fiber optic cable that is installed but unused, and is often leased by providers to third parties). These dark fiber licenses were part of an existing conduit license and use agreement between the City and Astound which will be superseded by the Private Partnership agreement. Incorporating these leases ensures that the City has uninterrupted use of existing connections. These are outlined in Exhibit C of the agreement. Astound will also provide a 10Gbps internet connection for the City’s internal business operations, and the ability to connect other City sites in the future as needed, if Astound has infrastructure in the area. Finally, Astound will be the City’s partner in operation of residential broadband services, which is a requirement of many of the grant opportunities the City is likely to pursue. It is important to note that this agreement gives Astound a non-exclusive right to City conduit and fiber, which allows the City to allow other providers access to City conduit if the seems deems that beneficial to the City and its residents, though it is unlikely that additional partners would come forward due to the economics of the broadband market.

Benefits to Astound
Astound will continue to be able to use City conduit that is already in use by Astound, as well as additional City conduit to help speed up deployment of broadband services at lower cost. The conduit that is currently in use by Astound is part of the City’s previous agreement with Astound which is superseded by the Private Partnership agreement. In total, Astound is currently using approximately 55,000 feet of City conduit. Astound will also have the option to use City dark fiber where it is available to increase backbone availability.

Next Steps
Completion of this agreement is key to the City being prepared to accept grant awards when they are announced. Currently, the City is awaiting the CPUC’s decision on its FFA grant. One of the provisions of the grant is that the City have a partner identified and contracted that has experience operating commercial broadband services. This agreement fulfills that requirement and gives the City an ideal partner in Astound.

The City is also in the process of awarding a contract for design and engineering services for the entirety of the Broadband Plan using existing American Rescue Plan Act (ARPA) funding. Staff expects to complete the contract award by mid-June. Taken together, this agreement and the contract for design and engineering services puts the City in an excellent position to accept grant funds, begin work quickly, and be prepared for future grant opportunities.

Item 7c
Previous Council Action
The City Council approved the Broadband Plan at the June 20, 2023 City Council meeting.

Public Engagement
This item is on the agenda for the June 18, 2024 City Council meeting and will follow all the required posting and notification. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

As part of the Broadband Plan preparation, City staff along with consultants from Magellan Broadband, conducted five stakeholder meetings with constituents from various sectors of the community: Business and Industry, Community-Based Non-Profit Organizations, Education and Social Services, Real Estate and Land Use, and Transportation and Utilities. A total of 31 different community groups participated in these meetings. In addition, the City surveyed residents and business through an online survey which received 283 responses. Key elements of the feedback received as a part of the outreach including increasing access and affordability are reflected in the proposed agreement.

CONCURRENCE
Staff from the Community Development Department, Public Works, City Attorneys Office, Economic Development, and Diversity, Equity, and Inclusion were part of setting the terms of the agreement and concur with the recommendation before Council.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “Project” under State CEQA Guidelines Section 15378.

FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $0 $ $
State
Federal
Fees
Other:

Total $ $ $ $

Item 7c
The agreement is structured in such a way that there is an exchange of services with a net zero fiscal impact. Under the terms of the agreement Astound would perform emergency repairs of the City’s fiber backbone. Generally, these repairs would be charged to the negligent party that caused the damage. In a situation where a negligent party can not be identified, the City would be responsible for the full cost of those repairs.

Under the agreement, there is a potential for unrealized savings within the term of the agreement due to the City and Astound splitting the cost of emergency repairs to infrastructure evenly. These types of repairs are generally rare occurrences, so staff is unable to provide a definitive estimate of cost savings to the City. It should be noted that additions to the City fiber backbone are dependent on grant funding as there is not an otherwise funded project in the City’s Capital Improvement Plan.

ALTERNATIVES

1. Council could decide not to approve the Broadband Private Partnership Agreement with Astound. Staff does not recommend this, as a private partner is required for most grant funding opportunities. In addition, City staff does not have the expertise to operate a residential broadband network and would be unable to do so without a private partner.

2. Council could provide additional input to staff and direct them to return at a later date with revisions to the agreement. Staff does not recommend this, as grant funding decisions are expected at the end of June 2024 and a private partnership will need to be in place to accept those grant funds.

ATTACHMENT
A - Public-Private Partnership Agreement for Broadband Services

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 1 City of San Luis Obispo / Astound Broadband, LLC

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES This PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES (the “Agreement”) is entered into as of the date of last signature below (the “Effective Date”), by and between the CITY OF SAN LUIS OBISPO, a California municipal corporation (the “City”), and ASTOUND BROADBAND, LLC, a Washington limited liability company, acting on behalf of itself and as agent for its Affiliates, d/b/a Astound Business Solutions (collectively, “Astound”). Each of the City and Astound may be referred to in this Agreement as a “Party,” and collectively as the “Parties.” With respect to either Party, the term “Affiliate” shall mean any person who directly or indirectly controls, is controlled by, or is under common control with that Party. Affiliates of Digital West Networks, Inc. include, but are not limited to (i) Wave Business Solutions, LLC, (ii) WaveDivision Holdings, LLC, and (iii) Astound Business Solutions, LLC.

RECITALS
A. The City and Digital West Networks, Inc. are the parties to that certain Agreement for Installation of Conduit and Conduit Use Agreement dated September 20, 2011, as subsequently amended by that certain First Amendment to Agreement for Installation of Conduit and Conduit Use dated April 15, 2015, and as amended by that certain Second Amendment to Agreement for Installation of Conduit and Conduit Use dated February 10, 2016 (as amended, the “Old Contract”).

B. Pursuant to the Old Contract, the City granted Digital West Networks, Inc. (“Digital West”, an Affiliate of Astound Broadband, LLC) a non-exclusive license to use portions of the City’s communications conduit for the installation of Digital West’s fiber optic cables and related network facilities. In exchange, Digital West provided the City with a variety of consideration, including, but not limited to, the performance of installation, maintenance and repair work related to the City’s conduit, the right to use certain fiber belonging to Digital West, the provision of certain hosted services to the City, and the payment of annual license fees, all as more fully described in the Old Contract.

C. In January of 2021, Digital West was acquired by the family of companies whose ultimate parent is Radiate Holdings, LP, and which does business under the name “Astound”.

D. Astound owns, operates, or otherwise has rights in and to a fiber optic and HFC communications network, which Astound uses to provide communications services, including Internet access, Ethernet transport, hosted voice, VoIP, IP transit, wavelengths, dark fiber, video and related services to its commercial, governmental and residential customers.

E. Astound is in the process of expanding its network infrastructure within the City and nearby communities. In connection with and to facilitate that network expansion, Astound and the City now desire to terminate the Old Contract and replace it with this Agreement.

F. Pertinent to this Agreement, the City owns approximately 35 miles of installed communications conduit together with associated vaults, manholes, hand holds and related facilities (collectively, the “Main City Conduit”). The approximate location of the City Conduit is depicted on Exhibit A to this Agreement.

G. Also pertinent to this Agreement, the City is the owner, by Easement Deed recorded May 17, 2024 (San Luis Obispo County Clerk Recorder Document No. 2024013311) (the “Easement Deed”) of certain communications conduit (the “Prado Road Conduit”) that is installed on the real property located at 600 Hopkins Lane, San Luis Obispo, California 93401, having San Luis Obispo County Assessor’s Parcel Nos. 053-431-002 and 053-431-003. Astound has communications facilities installed within the Prado Road Conduit, pursuant to the Old Contract. The City now wishes to grant to Astound a non-exclusive license to use the Prado Road Conduit in common with the City, for the purpose of installing, operating, maintaining, repairing, replacing and using Astound’s communications cables and related networking facilities and equipment pursuant to this Agreement, subject to all terms, conditions, and limitations of the Easement Deed. (The Main City Conduit and the Prado Road Conduit are referred to collectively as the “City Conduit”, and except where or to the extent the Agreement treats either the Main City Conduit or the Prado Road Conduit differently, the Parties’ right and obligations under this Agreement with respect to both the Main City Conduit and the Prado Road Conduit will be the same.) H. As of the Effective Date of this Agreement, and pursuant to the rights granted to Astound under the Old Contract, Astound has installed within portions of the City Conduit fiber optic cable and related networking facilities belonging to Astound (the “Existing Astound Fiber”). The approximate locations in which the Existing Astound Fiber is installed are shown on Exhibit B to this Agreement.

I. As of the Effective Date of this Agreement, and pursuant to the rights granted to the City under the Old Contract, the City is using certain dark fiber strands that constitute part of the Existing Astound Fiber to connect nine (9) City service sites along the routes

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 2 City of San Luis Obispo / Astound Broadband, LLC
set forth on Exhibit C to this Agreement (the “Licensed Dark Fibers”). The Licensed Dark Fibers form a part of the City’s internal communications network.

J. The City now desires to grant Astound a non-exclusive license to use the City Conduit in common with the City and any other persons authorized by the City (the “Authorized Users”), for the purposes of installing, maintaining, repairing, replacing, operating Astound’s network facilities, including, but not limited to, the Existing Astound Fiber.

K. In exchange for the conduit license, Astound now desires to provide the following to the City:
(i) The continued right to use the Licensed Dark Fiber; (ii) The right, in the future, as and when desired by the City, to expand the scope of the Licensed Dark Fibers to include additional fiber strands belonging to Astound that are located within the City Conduit; (iii) The performance of certain maintenance and repair activities with respect to City Conduit and Licensed Dark Fibers; and
(iv) Whenever Astound installs new, replacement or additional fiber within any portion of the City Conduit, Astound will, if desired by the City and at no charge to the City provide up to 24 fiber strands, unless the Parties agree otherwise in writing.
(v) A 10 gigabit Internet connection, terminated at 990 Palm St (“City Hall”) and 1135 Roundhouse (“Emergency Communications Center”). These terminations shall use geographically redundant paths.

L. The City and Astound now desire to enter into this Agreement to accomplish the foregoing, all as more fully described and in accordance with the terms and conditions set forth below.

AGREEMENT
Now, therefore, in consideration of the mutual promises set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1: TERMINATION OF THE OLD CONTRACT
As of the Effective Date of this Agreement, the Old Contract shall terminate and have no further force or effect. The Old Contract is replaced in all respects by the terms and conditions set forth in this Agreement.

ARTICLE 2: EQUIPMENT

2.1 Definition of Equipment. For purposes of this Agreement, the term “Equipment” means network infrastructure and components including, but not limited to, gateway or edge electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub, communications lines, cables and related facilities and software.

2.2 Astound Equipment. Any Equipment that is owned by or otherwise comprises a part of the Astound communications network, including any Equipment supplied by Astound in connection with using the City Conduit, shall be referred to as the “Astound Equipment.” Throughout the Term, the Astound Equipment shall remain the property of Astound and Astound shall be responsible for all maintenance and repair of the Astound Equipment. Neither City nor any third party acting under City’s authority will relocate, modify, tamper with, attempt to repair or otherwise interfere with the Astound Equipment.

2.3 City Equipment. Any Equipment that is owned by or otherwise comprises a part of the City communications network, including any Equipment supplied by the City in connection with using the Licensed Dark Fibers shall be referred to as the “City Equipment.” Throughout the Term, the City Equipment shall remain the property of the City and the City shall be responsible for all maintenance and repair of the City Equipment. Neither Astound nor any third party acting under Astound’s authority will relocate, modify, tamper with, attempt to repair or otherwise interfere with the City Equipment without City’s express authorization.

ARTICLE 3: CITY CONDUIT LICENSE

3.1 Grant of License.

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 3 City of San Luis Obispo / Astound Broadband, LLC
(a) Grant of License (Main City Conduit). Beginning on the Effective Date and continuing through the expiration or earlier termination of the Term (Main City Conduit) specified in Article 8.1, the City grants to Astound a non-exclusive license to use the Main City Conduit in common with the City and other Authorized Users (the “Conduit License (Main City Conduit)”) for purposes of installing Astound’s fiber optic cable and related networking facilities and Equipment (collectively, the “Astound Fiber”). While the term Astound Fiber includes the Existing Astound Fiber, the Parties expressly intend for the term to have a broader meaning that shall include any and all additional, substitute and/or replacement fiber optic cable and related networking facilities and Equipment that Astound installs within the City Conduit during the Term.
(b) Grant of License (Prado Road Conduit). Beginning on the Effective Date and continuing through the expiration or earlier termination of the Term (Prado Road Conduit) specified in Article 8.2, the City grants to Astound a nonexclusive license to use the Prado Road Conduit in common with the City (the “Conduit License (Prado Road Conduit)”) for the purpose of installing, operating, maintaining, repairing, replacing and using Astound Fiber, subject to all terms, conditions, and limitations of the Easement Deed. Astound covenants to the City that, in using the Prado Road Conduit, Astound shall coordinate and cooperate with the City to avoid disturbing the City Equipment or any of the communications facilities. The City covenants to Astound that the City shall not disturb the Astound Fiber installed within Prado Road Conduit.

3.2 Additional Access Points. Astound shall have the right, at any time and from time to time during the Term, to establish additional break-out points along the route of any segment of the Main City Conduit, at which Astound will then be able to access the Astound Fiber located within the City Conduit at issue. This right includes the right to install Astound-owned vaults, manholes, handholes and/or splice boxes at said break-out points, and to establish intersection points (using wye splitters or other similar means) at which Astound may interconnect the City Conduit with other communications conduit owned, operated or used by Astound so that Astound may splice other fiber strands into any one or more of the cables containing the Astound Fiber. Demarcation of ownership of break-out points shall be at the sidewalk, handhole, or pole attachment location (as is applicable). Astound shall provide the City with reasonable advance notice of Astound’s desire to establish a new break-out or interconnection point. The Parties shall cooperate in good faith to agree upon a design and implementation schedule for Astound’s new break-out or interconnection point that is acceptable to both Parties with the objective of reasonably minimizing any disruption to the City’s and other Authorized Parties’ use of the City Conduit at issue. Astound shall be responsible for obtaining, at Astound’s expense, any and all licenses, permits and/or other approvals needed in connection with Astound’s activities described in this Section 3.2.

3.3 Joint Use. Astound understands that there are no innerducts installed within the City Conduit. Thus, Astound is not receiving from the City the exclusive right to use a specific innerduct. Instead, Astound’s right to use the City Conduit is a right to use the City Conduit in common with the City and the other Authorized Users. Astound covenants to the City that, in using the City Conduit, Astound shall coordinate and cooperate with the City and any other Authorized Users to avoid disturbing any of the communications facilities belonging to the City or the Authorized Users. The City covenants to Astound that neither the City nor any of the Authorized Users shall disturb the Astound Fiber installed within the City Conduit.

ARTICLE 4: DARK FIBER LICENSE TO CITY

4.1 Grant of License. Beginning on the Effective Date and continuing through the expiration or earlier termination of the Term, Astound grants to the City an exclusive license to use the Licensed Dark Fibers specified on Exhibit C (the “Dark Fiber License”) by accessing same at the A Location and Z Location end points, as well as at any additional access points that may be specified in Exhibit C (collectively, the “Dark Fiber Access Points”). The City is not permitted to access the Licensed Dark Fibers at any location other than the Dark Fiber Access Points.

4.2 Additional Dark Fibers. At any time during the Term, the City shall have the right to add additional fibers to the Dark Fiber License. Specifically, the City may use up to four (4) strands of the Astound Fiber that is installed within any segment of the City Conduit for the purpose of connecting City service sites. If any lateral extension is required to connect the nearest access point of the Astound Fiber to any City service site, Astound shall install such lateral extension; provided that if the cost of installing any such lateral extension is in excess of Three Thousand and No/100 Dollars ($3,000.00), then the City shall reimburse Astound for its costs incurred in performing the installation work. To exercise its right to add new fibers to the Dark Fiber License, the City shall provide Astound with reasonable advance written notice of the service sites the City desires to connect using the Astound Fiber. The Parties shall work cooperatively to agree upon installation plans and an implementation timeline pursuant to which the new fiber(s) will be installed at the City’s service sites. Astound shall perform all splicing of the Astound Fibers at issue. Once the new fiber(s) have been delivered

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 4 City of San Luis Obispo / Astound Broadband, LLC
to the City by Astound, said fiber(s) shall constitute a part of the Licensed Dark Fibers, and the Parties shall amend Exhibit C to include the new fiber routes and the Dark Fiber Access Points for same.

4.3 Equipment. Astound shall have no obligation to provide the City with any optronics, electronics, cabling or other Equipment in connection with the Dark Fiber License. Instead, the City shall be responsible for providing, installing, operating and maintaining any and all Equipment needed in order for the City to make use of the Licensed Dark Fibers.

4.4 Use of Licensed Dark Fibers. The City may use the Licensed Dark Fibers as a part of the City’s internal communications network and for other governmental purposes. The Licensed Dark Fibers may not be used for any non-governmental purpose or use whatsoever, and in particular may not be leased, licensed, or otherwise in any form conveyed or permitted to be used by entities that provide communications services or facilities in competition with Astound. The City’s use of the Licensed Dark Fibers shall at all times comply with applicable law. Should the City violate the provisions of this Section 4.4, Astound shall give the City written notice it has done so and reasonable opportunity to cure (no less than thirty (30) days), and if the City fails to cure in that period, Astound shall have the right to immediately terminate the Dark Fiber License.

4.5 No Transfer or Sub-Licensing. The Licensed Dark Fibers provided to the City pursuant to this Agreement are for the sole benefit of the City. The City shall not grant to any third party the right to use any of the Licensed Dark Fibers, regardless of whether such grant were to take the form of a license, sublicense, lease, sublease, shared use agreement, services swap, or any other form.

Instead, the right to use the Licensed Dark Fibers is personal to the City and is not assignable, delegable, divisible or transferable.

Should the City violate the restrictions contained in this Section 4.5, Astound shall give the City written notice it has done so and reasonable opportunity to cure (no less than thirty (30) days), and if the City fails to cure in that period, Astound shall have the right to immediately terminate the Dark Fiber License.

4.6 Availability. At all times during the Term, Astound shall use commercially reasonable efforts in keeping with normal industry standards to ensure that the Licensed Dark Fibers are available to the City twenty-four (24) hours per day, seven (7) days per week, three hundred and sixty five (365) days a year. It is possible, however, that there will be interruptions in the availability of the Licensed Dark Fibers. The City understands and agrees that some or all of the Licensed Dark Fibers, may be unavailable from time to time either for scheduled or unscheduled maintenance, due to fiber cuts or other reasons beyond Astound’s reasonable control. Temporary interruptions in the availability of the Licensed Dark Fibers for such reasons, as well as interruptions or outages caused by the City, its agents and employees, or by Force Majeure Events, will not constitute failures by Astound to perform its obligations under this Agreement.

ARTICLE 4A: DARK FIBER LICENSE TO ASTOUND
4A.1 Grant of License. Beginning on the Effective Date and continuing through the expiration or earlier termination of the Term, the City grants to Astound the option to obtain an exclusive license to use City-owned Dark Fiber existing on the Effective Date (the “Existing City Dark Fiber License”) at no cost, as available, for non-wholesale subscribers. Should Astound sell to wholesale users, Astound shall pay to the City $65/strand mile MRC, or a price otherwise agreed upon in writing. Exhibit C shall be amended at such time or times as Astound leases from the City any City-owned Dark Fiber pursuant to this Section 4A.1. 4A.2 Use of Existing City Dark Fibers. Astound may use the Existing City Dark Fibers as a part of Astound’s backbone and/or internal communications network(s). Astound may convey use of the Existing City Dark Fibers according to the terms set forth in Section 4A.1 above. Astound’s use of the Existing City Dark Fibers shall at all times comply with applicable law. Should Astound violate the provisions of this Article 4A, the City shall give Astound written notice it has done so and reasonable opportunity to cure (no less than thirty (30) days), and if Astound fails to cure in that period, City shall have the right to immediately terminate the Existing City Dark Fiber License.
4A.3 Grant-Funded Dark Fibers. If at any time during the Term the City obtains grant-funded dark fiber (“Grant-Funded Fiber”), Astound shall (unless otherwise agreed upon by the Parties in connection with the grant request) be issued an IRU on 48 strands of the Grant-Funded Fiber for the full Term of the Agreement, including any extensions (the “Grant-Funded Fiber License.”) Astound’s use of Grant-Funded Fiber shall be in furtherance the purposes of the grant and shall comply with all terms, conditions, and limitations imposed by the grantor. The Grant-Funded Fibers provided to Astound pursuant to this Article 4A are for the sole use of fulfilling the grant purpose. Astound shall not grant to any third party the right to use any of the Grant-Funded Fiber, regardless of whether such grant were to take the form of a license, sublicense, lease, sublease, shared use agreement, services swap, or any other form. Instead, the right to use the Grant-Funded Fiber is personal to Astound and conditional upon compliance with this section 4A.3. Should Astound violate the restrictions contained in this Section 4A.3, the City shall give Astound written notice it has done so and reasonable

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 5 City of San Luis Obispo / Astound Broadband, LLC
opportunity to cure (no less than thirty (30) days), and if Astound fails to cure in that period, City shall have the right to immediately terminate the Grant-Funded Fiber License.

ARTICLE 5: ASTOUND’S MAINTENANCE AND REPAIR OBLIGATIONS

5.1 In General. During the Term, Astound shall be responsible for performing both routine scheduled maintenance and emergency maintenance with respect to: (i) City Conduit identified in Exhibit A (provided that Astound shall not be responsible for routine scheduled maintenance and emergency maintenance with respect to Fiber that has been licensed to or authorized by the City for use by any non-governmental agency); and (ii) the Licensed Dark Fibers.

5.2 Routine Scheduled Maintenance. During the Term, Astound shall perform the same type, frequency and quality of regular, routine scheduled maintenance and repair with respect to the City Conduit that Astound performs with respect to Astound’s own communications conduit systems, which shall not materially deviate from industry standards. Such routine maintenance shall include maintenance of a “call-before-you-dig” program and performance of all related locates associated with same.

5.3 Emergency Repairs. During the Term, Astound shall perform any necessary emergency or other unscheduled repairs with respect to the City Conduit and/or the Licensed Dark Fibers and/or Unlicensed Dark Fibers (see definition in Section 5.3(c) below).

Astound’s network operations center is staffed twenty-four (24) hours per day, seven (7) days per week to accept notifications from the City regarding any problems with the City Conduit and/or the Licensed Dark Fibers. (a) Emergency Repair of City Conduit. The Parties agree that Astound’s priority in the event of damage to the City Conduit is the repair of signal discontinuity in damaged or cut active fibers. Accordingly, if the City Conduit is damaged, but the fiber within the City Conduit is not damaged and is not in immediate danger of becoming damaged, Astound shall use commercially reasonable efforts to repair or replace the damaged City Conduit as soon as reasonably feasible, but such work may be performed during normal business hours and will receive a lower priority than maintenance or repair involving signal discontinuity. (b) Emergency Repair of Licensed Dark Fibers. If any one or more of the Licensed Dark Fibers is damaged or in imminent danger of suffering damage, Astound shall immediately commence repair and restoration of same and complete said repair and restoration as soon as possible. In the event of damage to the Licensed Dark Fibers, Astound shall use reasonable efforts to have its personnel at the site requiring emergency maintenance within four (4) hours after Astound becomes aware of the need for emergency maintenance. Astound shall use reasonable efforts to repair traffic-affecting fiber discontinuity within eight (8) hours after Astound’s maintenance personnel arrive at the problem site. Periods of Excused Outage shall be excluded from the timelines set forth above.

The term “Excused Outage” means any disruption to or unavailability of the Licensed Dark Fibers that is caused by or due to any one or more of the following: (i) Force Majeure Events, (ii) the acts or omissions of City personnel or the City’s agents, contractors, or end users, (iii) the failure or malfunction of Equipment not belonging to Astound, (iv) Astound’s inability, due to no fault on the part of Astound, to access the location of the fiber cut, or (v) other causes beyond the reasonable control of Astound. Astound shall provide the City with regular status updates during the restoration process. Restoration of inactive fibers not immediately required for service shall be completed on a mutually agreed-upon schedule. Astound’s representatives that are responsible for initial restoration of a cut fiber optic cable shall carry on their vehicles the typical appropriate equipment that would enable a temporary splice, with the objective of restoring operating capability in as little time as possible. (c) Repair of Dark Fiber that is not Licensed Fiber. If any one or more of the dark fibers that is not a Licensed Dark Fiber (each an “Unlicensed Dark Fiber”) is damaged or in imminent danger of suffering damage, Astound shall, immediately after receipt of notification from the City of the same, commence repair and restoration of same and complete said repair and restoration as soon as possible. In the event of damage to the Unlicensed Dark Fibers, Astound shall use reasonable efforts to have its personnel at the site requiring emergency maintenance within four (4) hours after Astound becomes aware of the need for emergency maintenance.

Astound shall use reasonable efforts to repair traffic-affecting fiber discontinuity within eight (8) hours after Astound’s maintenance personnel arrive at the problem site. Periods of Excused Outage shall be excluded from the timelines set forth above. The term “Excused Outage” means any disruption to or unavailability of the Unlicensed Dark Fibers that is caused by or due to any one or more of the following: (i) Force Majeure Events, (ii) the acts or omissions of City personnel or the City’s agents, contractors, or end users, (iii) the failure or malfunction of Equipment not belonging to Astound, (iv) Astound’s inability, due to no fault on the part of Astound, to access the location of the fiber cut, or (v) other causes beyond the reasonable control of Astound. Astound shall provide the City with regular status updates during the restoration process. Restoration of inactive fibers not immediately required for service shall be completed on a mutually agreed-upon schedule. Astound’s representatives that are responsible for initial restoration of a cut fiber optic cable shall carry on their vehicles the typical appropriate equipment that would enable a temporary splice, with the objective of restoring operating capability in as little time as possible. The City acknowledges and agrees that the obligations on Astound as set forth in this Section 5(c) will apply only to Unlicensed Dark Fiber that Astound has been able to inventory. The City will provide an

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 6 City of San Luis Obispo / Astound Broadband, LLC
inventory of existing Unlicensed Dark Fiber and a list of known faults or issues with the Unlicensed Dark Fiber.

5.4 Allocation of Repair Costs.
(a) Costs of Routine Scheduled Maintenance (City Conduit). Except for routine maintenance or repairs necessitated due to the City’s or another Authorized User’s negligence or intentional misconduct, for which the City shall reimburse Astound, the costs of routine, scheduled maintenance and repair (as described in Section 5.2 above) performed pursuant to this Article 5 shall be borne by Astound.
(b) Costs of Repairs (City Conduit). Except for the costs of repairs necessitated due to the negligence or intentional misconduct of a Party, for which that Party shall be solely responsible, the costs of repairs performed pursuant to Sections 5.3(a) will be divided evenly between Astound and the City.
(c) Costs of Repairs (Unlicensed Fiber). Except for the costs of repairs necessitated due to the negligence or intentional misconduct of a Party, for which that Party shall be solely responsible, the costs of repairs performed by Astound on Unlicensed Dark Fiber (regardless of the reason for the repair) will be borne solely by the City.

5.5 Manner of Performance. Astound will perform all construction, installation, maintenance and repair work under this Agreement in a safe manner consistent with generally accepted standards in the communications industry, and in such a way as to reasonably minimize interference with the operation and use of the property on which the City Conduit at issue is installed. Astound shall not allow any materialman’s or mechanic’s liens to attach to the City Conduit, any City Equipment, or any other property belonging to the City. Astound shall provide and install suitable safeguards, consistent with applicable industry practice and approved by the City, to protect City property from injury or damage. After completing any maintenance or repair work on the City Conduit, Astound shall repair and restore any damage caused by Astound to the property, street, sidewalk, curbs, landscaping or other impacted areas, to the condition existing immediately prior to Astound's maintenance or repair work, reasonable wear and tear excepted.

5.6 Use of Contractors. The City expressly understands and agrees that Astound may use contractors to perform some or all of the work described in this Agreement. Astound shall be fully liable for the actions of its contractors, and Astound shall require its contractors to agree to and abide by obligations substantially similar to those set forth in Section 5.5 above.

ARTICLE 6: CITY FIBER ALLOCATION
At all times during the Term, if Astound is planning to install fiber within a new portion of the City Conduit, Astound shall inform the City of the planned installation work. Astound may exercise its rights under this Article 6 in all City Conduit, and when doing so, Astound shall (unless Astound and the City have agreed otherwise with respect to specific installation or construction of new fiber) allocate to the City up to 24 fiber strands in every new conduit-span pull. The City and Astound will mutually agree to the fiber count to be allocated to the City up to 24 fibers prior to the installation of the Astound fiber cable. After completion of the installation of City-allocated fiber, Astound will ensure the fiber conforms to its applicable specifications as of the turn-up date of services Astound agrees to provide to the City.

ARTICLE 7: RELOCATION
The Parties recognize that, at one or more times during the Term, one or more portions of the City Conduit (as that term is defined in Section 5.1 above) may need to be relocated, under any of the following circumstances: (i) the City is required to relocate the conduit by a third party with the legal authority to so require; (ii) in the City’s reasonable judgment, relocation will be beneficial to the City or its citizens; or (iii) Astound and the City jointly desire to relocate. Should any of the foregoing occur with respect to City Conduit, Astound shall, unless otherwise directed by the City, perform the desired or required relocation. In the event of any such relocation, Astound and the City shall cooperate in good faith to minimize any service interruptions by or to either Party. In the event of relocation due to (i) or (iii) above, the City shall reimburse Astound for fifty percent (50%) of Astound’s costs incurred in performing the relocation. In the event of relocation due to (ii) above, the City shall reimburse Astound one hundred percent (100%) of Astound’s costs incurred in performing the relocation.

ARTICLE 7A: COMPLIANCE WITH LAW; PERMITTING
7A.1 Astound’s Compliance with Applicable Law. When performing its obligations under Articles 3, 5, 6, and 7 of this Agreement, Astound shall comply with all governmental laws, rules, regulations, codes, and ordinances applicable to such obligations, and shall obtain from the City any permits or permissions required from the City and applicable to such obligations (collectively, “City Permits”).

At all times during the term of this Agreement, Astound shall have in full force and effect, all licenses required of it by law for the

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performance of this Agreement. Astound’s failure to comply with applicable law, rules, regulations, codes, ordinances, and/or licensing requirements may constitute Default as defined in Section 9.1 below. 7A.2 City’s Cooperation in Permitting Process. In recognition of the benefits to both the City and Astound of Astound’s ability to perform its obligations under Articles 3, 5, 6, and 7 of this Agreement as quickly as possible and at the lowest cost, the City agrees that at all times during the Term, it shall: (i) use reasonable efforts to streamline the processes and procedures applicable to requesting and obtaining City Permits (and in particular to reduce the time and cost of obtaining City Permits); and (ii) cooperate with Astound during the process of Astound’s requesting and obtaining City Permits where necessary for performance of Astound’s obligations under Articles 3, 5, 6, and 7.
7A.3 Prevailing Wage. Where Applicable Law requires Astound to pay prevailing wage when performing its obligations under Articles 3, 5, 6, and 7 of this Agreement, Astound will do so. 7A.4 Payment of Taxes and Fees. Astound shall be responsible for payment of any applicable taxes and fees for Astound assets and Astound’s performance under this Agreement.

ARTICLE 7B: ASTOUND’S SERVICES; MARKETING
7B.1 VOIP Services. Astound affirms that its VOIP phone services that residents of the City may (but are not obliged) to purchase from Astound comply with requirements imposed on such services by the State of California and the FCC, including requirements for e911 calls.
7B.2 Marketing of Astound’s Services. Astound is solely responsible for marketing its services available to residential and business customers in the City (the “Astound Services”). In materials advertising or promoting the Astound Services, Astound may use the City’s name only where the City expressly gives Astound advance written permission to do so, and only in the manner authorized by the City. The City retains the right to modify or require withdrawal of any marketing campaign or message made or sent on behalf of the City.
7B.3 Community Benefit. For Astound Services available to residential customers in the City, Astound agrees to honor its pricing commitments outlined in the Last Mile FFA Grant application as set forth on Exhibit D of this Agreement. 7B.4 Broadband Expansion. The Parties recognize that, as of the Effective Date, it is infeasible to set metrics by which Astound must expand broadband availability within the City. However, because expansion of broadband availability is a material policy objective adopted by the City’s legislative body in approving this Agreement, the Parties agree to meet and confer in good faith one (1) year after the Effective Date, and every two (2) years thereafter for the duration of the Term, to evaluate Astound’s performance in expanding broadband availability. Should the City determine, in its reasonable discretion, that Astound is failing to meaningfully expand broadband availability within the City, the Parties will work together in good faith to agree upon metrics by which Astound must expand broadband availability (the “Broadband Expansion Metrics”). Astound will have one (1) year (or any other period agreed upon by the Parties) after the date the Broadband Expansion Metrics are agreed, to complete the broadband expansion, and if Astound fails to do so, the City may terminate this Agreement.

Upon Assignment pursuant to Article 16, Successor and the City shall meet and confer in good faith pursuant to this Section 7B.4 within six (6) months of Successor’s assumption of the Agreement, regardless of the date of the most recent conference between the Parties pursuant to this Section.

ARTICLE 7C: RESIDENTIAL NETWORK
Should the City and Astound submit a request for grant funding and should the City receive any grant funding that requires the City to partner with a private entity with experience in operating residential and/or business broadband networks, Astound shall be responsible for such operations for the City. Astound shall operate all grant-built facilities and shall be responsible for constructing any additional Central Office Facilities necessary to serve end-user customers as required by this Article 7C. (The obligations in this Article 7C will only apply where Astound and the City have partnered for the submission of the grant request.)

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ARTICLE 8: TERM OF AGREEMENT

8.1 Term (Main City Conduit).
(a) Initial Term (Main City Conduit). The initial term of this Agreement with respect to the Main City Conduit (the “Initial Term (Main City Conduit)”) shall be for twenty (20) years, beginning on the Effective Date and expiring on the date that is one day prior to the twentieth (20th) anniversary of the Effective Date (the “Initial Term Expiration Date (Main City Conduit)”).
(b) Renewal Terms. There shall be two (2) renewal options for this Agreement with respect to the Main City Conduit, each of which is for a renewal term of five (5) years (respectively, the “First Renewal Term (Main City Conduit)” and the “Second Renewal Term (Main City Conduit)”). Upon expiration of the Initial Term (Main City Conduit), unless either Party elects to forgo the First Renewal Term by delivering written notice of termination to the other Party no later than one hundred eighty (180) days prior to the Initial Term Expiration Date, this Agreement shall automatically renew for the First Renewal Term. The First Renewal Term (if any) shall expire on the date that is one day prior to the twenty-fifth (25th) anniversary of the Effective Date (the “First Renewal Term Expiration Date (Main City Conduit)”). Upon expiration of the First Renewal Term (Main City Conduit) (if any), unless either Party elects to forgo the Second Renewal Term by delivering written notice of termination to the other Party no later than one hundred eighty (180) days prior to the First Renewal Term Expiration Date (Main City Conduit), this Agreement shall automatically renew for the Second Renewal Term (Main City Conduit). This Agreement shall automatically expire on the date that is one day prior to the thirtieth (30th) anniversary of the Effective Date. The total period of time this Agreement is in effect with respect to the Main City Conduit shall be referred to as the “Term (Main City Conduit)”.

8.2 Term (Prado Road Conduit). The initial term (“Initial Term (Prado Road Conduit)”) of this Agreement with respect to the (Prado Road Conduit) shall be for thirty (30) years, beginning on the Effective Date. Upon the expiration of the Initial Term (Prado Road Conduit), with respect to the Prado Road Conduit, the Agreement will begin to renew automatically for successive periods of one (1) year (each, a “Renewal Term (Prado Road Conduit)”). During any Renewal Term (Prado Road Conduit), either Party may terminate the Agreement with respect to the Prado Road Conduit at the end of the then-current Renewal Term (Prado Road Conduit) by giving written notice of termination to the other Party not less than one-hundred-eighty (180) days prior to the end of the thencurrent Renewal Term (Prado Road Conduit). The total period of time this Agreement is in effect with respect to the Prado Road Conduit shall be referred to as the “Term (Prado Road Conduit)”).

8.3 Effect of Expiration. The total period of time this Agreement is in effect, comprising both the Term (Main City Conduit) and the Term (Prado Road Conduit), shall be referred to as the “Term” of this Agreement. Upon expiration or earlier termination of the Term, the Conduit License, the Dark Fiber License, the Existing City Dark Fiber License, and the Grant-Funded Fiber License shall automatically terminate. Astound shall have a period of one-hundred-eighty (180) days following the expiration or earlier termination of the Term (other than for default by Astound) in which Astound may remove all or any portion of the Astound Fiber and any associated Astound Equipment from the City Conduit. Any personal property belonging to Astound that remains in the City Conduit after that one-hundred-eighty (180) days period shall be deemed abandoned by Astound and title to same shall automatically transfer to and vest in the City. Upon expiration or earlier termination of the Term, where the City and Astound have partnered in the application for and receipt of grant funds to install conduit and/or fiber pursuant to this Agreement, title to all grant-built assets, if not already property of the City, shall automatically transfer to and vest in the City.

8.4 No Termination for Convenience. Neither Party may unilaterally terminate this Agreement, other than for Default as discussed in Article 9 below, with respect to the Main City Conduit or Prado Road Conduit during its respective initial term.

ARTICLE 9: DEFAULT

9.1 Definition. A “Default” shall be deemed to have occurred under this Agreement under the following circumstances:
(a) in the case of a failure to pay any amount when due under this Agreement, a Party fails to pay such amount within fifteen (15) days after written notice from the other Party specifying such breach; or (b) in the case of any other material breach of this Agreement, a Party fails to cure such breach within thirty (30) days after written notice from the other Party specifying such breach, provided that if the breach is of a nature that cannot reasonably be cured within said thirty (30) day time period, a Default shall not have occurred so long as the breaching Party has commenced cure within said thirty (30) day time period and thereafter diligently pursues cure to completion within ninety (90) days of receiving the original written notice regarding the breach.

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9.2 Remedies. In the event of any Default hereunder, the non-Defaulting Party may do any one or more of the following: (i) take such actions as it deems reasonably necessary to correct the Default and charge the costs to the Defaulting Party; (ii) terminate this Agreement by delivering written notice of termination to the Defaulting Party; and/or (iii) pursue any other remedies available to it under this Agreement, at law or in equity.

9.3 Disposition of Property Upon Default.
(a) Upon termination of the Agreement because of default by Astound, all Astound fiber cables within City conduit shall automatically become property of the City.
(b) Upon termination of the Agreement because of default by the City, Astound shall retain an IRU as to all existing dark fiber licenses and conduit occupancy rights granted to Astound pursuant to this Agreement, for the full Term of the Agreement.

9.4 No Waiver. A waiver by either Party at any time of any of its rights regarding a particular breach or Default of the other Party under this Agreement shall not be deemed a permanent waiver of such rights, nor shall any such waiver be deemed a waiver of any subsequent breach or Default.

ARTICLE 10: DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY COVENANTS, REPRESENTATIONS OR WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND/OR ANY

EXHIBIT(S) ATTACHED HERETO, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DESCRIPTION,

QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY OF THE SERVICES OR THE

CONDUIT OR RELATED FACILITIES PROVIDED PURSUANT TO THIS AGREEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

ARTICLE 11: INDEMNIFICATION BY ASTOUND
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Astound shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (collectively, “Claims”), to the extent arising out of (i) Astound’s failure to perform its obligations under this Agreement or (ii) Astound’s negligence or willful misconduct in the performance of its obligations or the conduct of its operations under this Agreement. In the event of a Claim, Astound shall provide a defense of and against such Claim to the City Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, as reasonably documented and actually incurred by the City in defense of such Claim.

ARTICLE 12: INSURANCE

12.1 Required Insurance. During the Term, each Party shall procure and maintain in force, at its own expense, insurance coverage in amounts that a reasonably prudent business person would maintain considering the obligations of the Parties hereunder, but in no event less than coverage of the types and limits detailed in Exhibit E:

12.2 Insurance Providers. Each Party shall maintain the required insurance coverage with insurers authorized to conduct business in the applicable jurisdiction(s) and having an AM Best Rating of A – /VII, or equivalent from another recognized rating agency, and each Party shall, upon request, provide the other Party with an insurance certificate confirming compliance with the requirements of this Article.

12.3 Failure to Carry. In the event either Party fails to maintain the required insurance coverage and a claim is made or suffered, such Party shall defend, indemnify and hold harmless the other Party from any and all claims for which the required insurance would have provided coverage.

ARTICLE 13: FORCE MAJEURE EVENTS
Neither Party shall be liable for any delay in or failure of performance hereunder due to causes beyond such Party’s reasonable control including, but not limited to, acts of God, fire, flood, earthquake, ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regional emergency, unavailability of rights-of-way, a governmental authority’s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or military

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governmental authority (each, a “Force Majeure Event”). This Article shall only excuse delay in or failure of performance if the Party seeking excuse provides a showing of impossibility of timely performance and the other Party agrees that such obligation can be excused or delayed because of a Force Majeure Event. The excused Party shall resume performance of the obligation at the conclusion of the Force Majeure Event.

ARTICLE 14: CONFIDENTIALITY

14.1 Definition of Confidential Information. “Confidential Information” shall mean all information regarding the telecommunications systems and business operations of the Parties which is disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), to the extent that such information is marked or identified as confidential or proprietary or would be reasonably deemed confidential or proprietary given the circumstances surrounding its disclosure. Notwithstanding the foregoing, all written or oral negotiations between the Parties shall be deemed Confidential Information, whether or not so designated. Information shall not be deemed Confidential Information if (i) it is independently developed by or for the Receiving Party, (ii) it is lawfully received by the Receiving Party free of any obligation to keep it confidential, (iii) it becomes generally available to the public other than by breach of this Agreement, or (iv) it was known to the Receiving Party prior to the Disclosing Party’s disclosure of same.

14.2 Protection of Confidential Information. Confidential Information is the property of the Disclosing Party and shall be returned to the Disclosing Party upon request. Receiving Party, including its officers, directors, employees, partners, affiliates, agents and representatives, shall hold all Confidential Information in confidence. The Receiving Party: (i) shall use such Confidential Information only for the purposes of performing its obligations and/or enforcing its rights under this Agreement; (ii) shall reproduce such Confidential Information only to the extent necessary for such purposes; (iii) shall restrict disclosure of such Confidential Information to employees or contractors that have a need to know for such purposes (with disclosure to contractors being limited to contractors that have signed a non-disclosure agreement to protect the Confidential Information of third parties); (iv) shall not disclose Confidential Information to any third party without prior written approval of the Disclosing Party except as expressly provided in this Agreement or as required by law, by court order, by administrative order of an agency having jurisdiction, or in the enforcement of its rights under this Agreement; and (v) shall use at least the same degree of care (in no event less than reasonable care) as it uses with regard to its own proprietary or confidential information to prevent the disclosure, unauthorized use or publication of Confidential Information. Neither Party shall take any action, including intentional memorization of the other Party’s Confidential Information, with the intent or purpose of evading obligations contained in this Article 14. In the event a Receiving Party is required to disclose Confidential Information of the Disclosing Party pursuant to law, court order or administrative order of an agency having jurisdiction, the Receiving Party will, if such notice is permitted by law, notify the Disclosing Party of the required disclosure with sufficient time for the Disclosing Party to seek judicial relief from the required disclosure, and reasonably cooperate with the Disclosing Party in any efforts the Disclosing Party may take to obtain protective measures in respect to the required disclosure. The Parties agree that breach of this Article 14 may cause irreparable injury for which monetary damages are not an adequate remedy; accordingly, each Party may seek injunctive relief and any other available equitable remedies to enforce the provisions of this Article 14.

14.3 California Public Records Act. Notwithstanding anything to the contrary contained elsewhere in this Article 14, the Parties understand and acknowledge that the City is a governmental entity, and that California law limits the ability of the City to shield from public disclosure any information given to the City. In the event that the City receives a request pursuant to the Public Records Act (or other similar law) to disclose Confidential Information belonging to Astound, the City’s sole obligations to Astound shall be: (i) to promptly notify Astound; and (ii) to refrain from disclosing such records for a period of up to ten (10) business days to allow Astound an opportunity to seek legal protection against disclosure from a court of competent jurisdiction. The City will not be required to withhold requested records beyond the ten (10) business days unless it may do so based on good faith reliance upon an exception to disclosure under the Public Records Act, or unless the City is ordered to withhold disclosure by the order of a court having competent jurisdiction. The City may, but shall not be required, to join in any legal proceedings relating to the requested disclosure. In the event that Astound initiates legal proceedings, or the City initiates legal proceedings or withholds requested records at Astound’s request, Astound shall indemnify and hold the City harmless from and against all costs, attorneys’ fees, expenses, liabilities, damages or other liabilities the City may incur due to the legal proceedings initiated at and/or the City’s withholding of records at Astound’s request.

The City shall not be liable to Astound for any loss, cost or expense relating to the disclosure of requested records if Astound fails to obtain legal protection against disclosure and the City releases the records in good faith.

ARTICLE 15: DISPUTE RESOLUTION

15.1 Good Faith Negotiations. Except for actions seeking a temporary restraining order or injunction, in the event any controversy, disagreement or dispute (each, a “Dispute”) arises between the Parties in connection with this Agreement, the Parties shall use good

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faith efforts to resolve the Dispute through negotiation. In the event of a Dispute, either Party may give the other Party written notice of the Dispute (each, a “Dispute Notice”). The parties will meet and attempt to resolve the Dispute within ninety (90) days of the date on which the Dispute Notice is delivered. All discussions occurring and documents exchanged during negotiations under this Section are confidential and inadmissible for any purpose in any legal proceeding involving the Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation process. If the Parties do not resolve the Dispute within the ninety (90) day period, either of the Parties may pursue any remedy available to it under this Agreement, at law or in equity.

15.2 Governing Law. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.

ARTICLE 16: ASSIGNMENT
Neither Party shall assign its rights under this Agreement; provided, however, that Astound may, after providing notice to the City, assign its interest in and to this Agreement to any entity acquiring Astound, either in whole or in part (a “Successor”) or to an Affiliate of Astound that has the rights and powers necessary to carry out Astound’s obligations under the Agreement or in the event of a change in control. Any Successor will be required to assume in writing all terms of this Agreement.

ARTICLE 17: REPRESENTATIONS AND COVENANTS
Each Party represents and covenants to the other Party as follows: (i) the execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized; (ii) this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms; (iii) it has the power and authority to grant the rights it purports to grant and perform the obligations it undertakes to perform pursuant to this Agreement; (iv) to the best of its knowledge and belief, it is in material compliance with all laws, rules and regulations and court and governmental orders related to its operations; and (v) it shall comply with all applicable laws and regulations when exercising its rights and performing its obligations under this Agreement.

ARTICLE 18: NOTICES
Notices under this Agreement shall be in writing and transmitted to the Party’s addresses specified below, or such other addresses as the Party may specify by written notice, and will be considered given (i) when delivered in person to the recipient; (ii) five (5) days after being deposited in either registered or certified U.S. Mail, return receipt requested, postage prepaid; (iii) when delivered by a nationally recognized courier service; or (iv) when receipt of email delivery is confirmed by the recipient:

If to the City:

City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
ATTN: Information Technology Manager
Email: [email protected]
If to Astound:

Astound Broadband, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Business Solutions
With a Copy to:

ATTN:

Email:

With a Copy to:

Astound Broadband, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Legal Department
A Party may change its address and point of contact by notifying the other Party in writing in accordance with this Article.

ARTICLE 19: GENERAL PROVISIONS

19.1 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she has been duly authorized to execute this Agreement on behalf of the Party for whom he or she purports to sign this Agreement, and that this Agreement is binding

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on such Party in accordance with its terms.

19.2 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. Any amendment, modification, or variation from the terms of this Agreement and/or to Exhibit C shall be in writing and shall be effective only upon mutual, written agreement of the parties. The City Manager shall have authority to approve such amendments on behalf of the City.

19.3 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders.

19.4 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law.

19.5 No Joint Venture. The relationship between Astound and the City shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The personnel performing this Agreement on behalf of Astound shall at all times be under Astound’s exclusive direction and control and shall at no time be considered an employee of the City. Neither Party shall incur nor have the power to incur any debt, obligation, or liability whatsoever against the other Party, or bind the other Party in any manner.

19.6 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of Astound and the City. No third party shall be deemed to have any rights under this Agreement; there are no third party beneficiaries to this Agreement.

19.7 Survival. Those provisions of this Agreement that by their nature and import must survive the expiration or earlier termination of this Agreement in order to be given their full force and effect shall so survive.

19.8 Standard of Performance. All actions, activities, consents, approvals and other undertakings of the Parties in this Agreement shall be performed in a reasonable and timely manner. Except as specifically set forth herein, for the purpose of this Agreement the standards and practices of performance within the telecommunications industry in the relevant market shall be the measure of a Party’s performance.

19.9 Exhibits. The following Exhibits are attached to this Agreement and incorporated herein by this reference:

EXHIBIT A - Map Depicting Approximate Location of City Conduit EXHIBIT B - Map Depicting Approximate Location of Existing Astound Fiber EXHIBIT C - Description of Licensed Dark Fibers
EXHIBIT D - Last Mile FFA Grant Application
EXHIBIT E - Insurance Requirements

19.10 Execution in Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. Any executed documents sent to the other Parties in portable document format (pdf) images via email will be considered the same as an original document. The Parties consent to the use of electronic signatures

19.11 Nondiscrimination. In the performance of this Agreement, Astound agrees that it will not engage in, nor permit such contractors as it may employ, to engage in discrimination in employment or in services offered against persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

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IN WITNESS WHEREOF, the City and Astound, intending to be legally bound hereby, have duly executed this Agreement as of the dates set forth below.

CITY:

City of San Luis Obispo, a California municipal corporation By
Name:

Title:

Date:

ASTOUND:

Astound Broadband, LLC, a Washington limited liability company By
Name:

Title:

Date:
[The remainder of this page is intentionally left blank.]

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EXHIBIT A to PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Map Depicting Approximate Location of City Conduit
Hold for map depicting approximate location of City conduit.

Withheld from public disclosure under California Government Code §§ 7922.000 and 7929.200. [The remainder of this page is intentionally left blank.]

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EXHIBIT B to PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Map Depicting Approximate Location of Existing Astound Fiber within City Conduit Hold for map depicting approximate location of existing Astound Fiber within City conduit.

Withheld from public disclosure under California Government Code §§ 7922.000 and 7929.200. [The remainder of this page is intentionally left blank.]

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 16 City of San Luis Obispo / Astound Broadband, LLC
EXHIBIT C to PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Description of Licensed Dark Fibers
As of the Effective Date, the Licensed Dark Fibers consist of the following fiber routes:

Name of
Segment
A Location
End Point
Z Location
End Point
Description of
Fiber
Approx.

Distance
Segment 1
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

Police Station
1042 Walnut
SLO, CA 93401
Lat: 35.28603572971857
Long: -120.66338778923841
2 strands single
mode dark fiber approx. ___ km
Segment 2
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

Senior Center
1455 Santa Rosa
SLO, CA 93401
Lat: 35.27914120054818
Long: -120.65702747342957
2 strands single
mode dark fiber approx. ___ km
Segment 3
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

Fire Station 4
1395 Madonna
SLO, CA 93401
Lat: 35.25738850802565
Long: -120.69020788833546
2 strands single
mode dark fiber approx. ___ km
Segment 4
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

Fire Station 3
1280 Laurel Lane
SLO, CA 93401
Lat: 35.266943295627414
Long: -120.63979881575827
2 strands single
mode dark fiber approx. ___ km
Segment 5
SLO Swim Center
900 Southwood Drive
SLO, CA 93401
Lat: 35.26672143468056
Long: -120.64523990677016
Fire Station 3
1280 Laurel Lane
SLO, CA 93401
Lat: 35.266943295627414
Long: -120.63979881575827
2 strands single
mode dark fiber
approx.

1.5 km
Segment 6
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

City Hall Annex
880 Palm Street
SLO, CA 93401
Lat: 35.28267295102646
Long: -120.66313229802573
2 strands single
mode dark fiber approx. ___ km
Segment 7
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

City Hall
990 Palm St
SLO, CA 93401
Lat: 35.28302327349759
Long: -120.66276751760837
2 strands single
mode dark fiber approx. ___ km
Segment 8 [NAME OF BUILDING] Human Resources 2 strands single approx. ___ km

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 17 City of San Luis Obispo / Astound Broadband, LLC
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:
994 Mill Street
Ste 200
SLO, CA 93401
Lat: 35.28380706670408
Long: -120.66319947569666
mode dark fiber
Segment 9
Parking Offices
1260 Chorro Street
SLO, CA 93401
Lat: 35.27870613353161
Long: -120.66152847336923
County Datacenter
976 Osos St
Fourth Floor
SLO, CA 93401
Lat: 35.28328297282323
Long: -120.66245931575781
24 strands single
mode dark fiber
approx.
1 km
Segment 9
[NAME OF BUILDING]
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

PD Annex
1106 Walnut St.

SLO, CA 93401
Lat:

Long:
__ strands single
mode dark fiber approx. ___ km
Additional Access Points:

In addition to accessing the accessing the Dark Fiber at the End Points set forth above, the City shall also have the right to access the Licensed Dark Fibers at the additional access points listed below:

Name of Segment Additional Access Point #1 Additional Access Point #2 Segment 1
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

N/A
Segment 2
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

N/A
Segment 3
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

N/A
Segment 4
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

Long:

N/A
Segment 5
[STREET ADDRESS 1]
[STREET ADDRESS 2]
[CITY, STATE ZIP]
Lat:

N/A

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 18 City of San Luis Obispo / Astound Broadband, LLC
Long:
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PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 19 City of San Luis Obispo / Astound Broadband, LLC
EXHIBIT D to PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES City of San Luis Obispo Last Mile Federal Funding Grant Application

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 20 City of San Luis Obispo / Astound Broadband, LLC Page 758 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 21 City of San Luis Obispo / Astound Broadband, LLC Page 759 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 22 City of San Luis Obispo / Astound Broadband, LLC Page 760 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 23 City of San Luis Obispo / Astound Broadband, LLC Page 761 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 24 City of San Luis Obispo / Astound Broadband, LLC Page 762 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 25 City of San Luis Obispo / Astound Broadband, LLC Page 763 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 26 City of San Luis Obispo / Astound Broadband, LLC Page 764 of 767 PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 27 City of San Luis Obispo / Astound Broadband, LLC
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PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 28 City of San Luis Obispo / Astound Broadband, LLC
EXHIBIT E to PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Insurance Requirements
Without limiting Astound’s indemnification of City, Astound shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type, amounts and characteristics described below and in a form satisfactory to the City.

Workers’ Compensation Insurance as required by applicable law(s); Astound shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Employer’s Liability Insurance with minimum limits of $1,000,000 each accident; Astound shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Commercial General Liability Insurance including with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage related to (i) premises/operations, (ii) independent contractors, (iii) products/completed operations, (iv) personal injury, (v) contractual liability, and (vi) explosion, collapse and underground hazards. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance with minimum limits of $1,000,000 each accident; and Excess or Umbrella Liability Insurance, applicable to items (b), (c) and (d), with minimum limits of $5,000,000, per occurrence.

Proof of insurance. Astound shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require certificates of insurance as evidence that Astound has in place all required insurance policies, at any time.

Duration of coverage. Astound shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with performance by Astound, their agents, representatives, employees, or subconsultants.

Primary/noncontributing. Coverage provided by Astound shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Astound maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Astound. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Astound agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of Astound’s insurers are unwilling to provide such notice, then Astound shall have the

PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Page 29 City of San Luis Obispo / Astound Broadband, LLC
responsibility of notifying the City immediately in the event of Astound’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Astound’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass-through clause. Astound agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Astound (hereinafter collectively “subcontractor”), provide the substantially the same minimum insurance coverage and endorsements required of Astound. Astound agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Astound’s subcontractor cannot comply with this requirement, which proof must be submitted to the City, Astound shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of Astound, but in all other terms consistent with Astound’s requirements under this agreement.

This provision does not relieve Astound of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Astound with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Astound under this agreement given the limited scope of work or services provided by the subcontractor.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Astound shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Astound’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Astound shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection. Astound’s personal property, fixtures, equipment, inventory, and vehicles are not insured by City against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.
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