COUNTY OF SANTA CRUZ

0137
COUNTY OF SANTA CRUZ
PLANNING DEPARTMENT
701 OCEAN STREET, 4TH FLOOR, SANTA CRUZ, CA 95060
(831)454-2580 FAX: (831)454-2131 Too: (831)454-2123
KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR
October 29, 2013
AGENDA:
November 5, 2013
BOARD OF SUPERVISORS
County of Santa Cruz
701 Ocean Street
Santa Cruz CA 95060
SUBJECT: REPORT ON THE 2013-14 EMERGENCY WINTER SHELTER PROGRAM AND
APPROVE NORTH COUNTY AGREEMENTS
Dear Board Members:
As you know, the Emergency Winter Shelter (EWS) Program provides shelter to homeless individuals
and families in our community during the cold and rainy months of the year under the auspices of the
Homeless Action Partnership (HAP). This year, as in past years, EWS in North County will be provided
through collaboration between the Homeless Services Center (HSC) and the National Guard Armory.
The Armory provides sheltered housing and the HSC manages the program. Contracts are proposed
for your Board's approval today for the North County Program. The South County EWS Program is not
proposing contracts at this time.
Status of Winter Shelter Program for 2013-14
The HAP is the affiliation of jurisdictions and homeless housing and services providers that operates as
the US Department of Housing and Urban Development (HUD) mandated Continuum of Care (CoC) in
Santa Cruz County. The HAP jurisdictions allocate the costs of providing emergency winter shelter
based on population, with the northern cities and the north part of the unincorporated area funding the
EWC at the Armory, and Watsonville and the south part of the unincorporated area funding the EWC
for South County.
The EWS Program in Northern Santa Cruz County will operate, as in previous years, at the Santa Cruz
Armory. The Santa Cruz program is anticipated to run for 152 nights from November 15, 2013 through
April 15, 2014. The cost of the Armory has increased incrementally over the years, and this year there
is once again an increase of $5 per night, for a total new rate of $435 per night for the 2013-14 season.
the 2013-14 North County EWS Program totals $225,472 and will be shared by the North
County jurisdictions proportional to population as follows: City of Santa Cruz $79,704, City of Capitola
$14,656, City of Scotts Valley $16,617 and the County $114,495. As in previous years, the County
directly assumes responsibility for the use of the Armory, including payment to the State of California
Military Department. In order to operate the EWS Program for fiscal year 2013-14, it is necessary to
execute a license agreement with the Military Department for the use of the Santa Cruz Armory for
winter shelter, as well as a contract with the Homeless Services Center to operate the shelter program
in North County.
The cost of
26
Winter Shelter Program 2013-14
Board of Supervisors Agenda: November 5, 2013
0138
Page 2 of 2
These agreements include:
· A license agreement (Attachment 1) with the State of California Military Department for use of
the Santa Cruz Armory at a rate of $435 per night not to exceed $63,945.
· A contract with the Homeless Services Center (Attachment 2) in an amount not to exceed
$161,527.
The necessary expenditures as well as the reimbursements from the cities' share of cost for EWS was
included in the In- Lieu Fund's budget for FY 13-14.
.
As was the case last year, EWS program services will be provided by Pajaro Rescue Mission (Mission),
and this provider does not utilize HAP funding. HUD requires that CoC EWS Programs collect certain
data about clients that utilize these services; therefore, the HAP is working with the City of Watsonville,
the Pajaro Valley Shelter Services, and the Mission to ensure that the data collection requirements are
met. The San Francisco Office of the Salvation Army (SA) is consulting with the Watsonville office on
developing a small emergency winter shelter program for families with children at the Corner House, a
location adjacent to SA's Grant Street office. If that program becomes viable, staff would expect the SA
to submit a proposal for funding for 2013-14 to the HAP.
At this time, staff is proposing agreements to operate the North County Emergency Winter Shelter
Program and will return to your Board to allocate funds for an additional South County program at a
later date pending submittal of a proposaL.
It is therefore RECOMMENDED that your Board:
1. Authorize the Planning Director to execute a license agreement with the State of California
Military Department for use of the Santa Cruz Armory for fiscal year 2013-14 in an amount not
to exceed $63, 945 (Attachment 1); and
2. Authorize the Planning Director to execute a contract with the Homeless Services Center for the
provision of winter shelter services for fiscal year 2013-14 in an amount not to exceed $161,527
(Attachment 2).
~ED
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Kathleen M. Previsich
Planning Director
NAMÛJRIELLO
County Administrative Officer
KP:JMC:PW
cc:
County Administrative Officer
Auditor/Controller
Homeless Action Partnership
City of Watsonville
City of Scotts Valley
State of California Military Department
Homeless Services Center
City of Santa Cruz
City of Capitola
Attachments:
Attachment 1 - License to Use State Military Facility
Attachment 2 - Homeless Services Center Agreement
t
16
ATIACHMENT 1 ~
0139
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9800 Goethe Rd, Sacramento, CA 95826
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4. Anlpte Cot Is $ 63 ! 945
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136155
(Index)
3975
(Sub object)
NOTE: IF APPROPRITIONS ARE INSUFFIOENT, ATIACHED COMPLETD AUD-74 OR AIJD-60
Contract No:
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Apprpriations ~. available and~...... encumbered.
Date: lcjf1ß
Prl and acconting detil reewed and apprve. It is recmended that the Board of Superviso approve tte agreement an authrie
(Det/Agenc Head) to execute on behalf of the
Planning
(Dertment/ Agenc)
Date:
By:
Count Aóministrative Office
Disbutln:
Board of Supervrs - White
State of califoia
Audit Cotrlle - canary
Aultor-ctrle - Pink
Deartent - Gold
County of santa Crz
I ex-offio CierI; of th Bord of Supeisors of th County of santa Cr.
State of califoia. do hereby certify tht the foeging reuest for appral of agreeen was àppred by said Board of Supervisors as recmmended by the County Administrative Ofe by an
ordr duly entere in the minutes of said Board on 20_
ADM - 29 (8/01)
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26
ATIACHMENT i
0140
LICENSE NO. 13000314
LICENSE TO USE STATE MILITARY FACILITY
2013 by and between the Military
THIS AGREEMENT, made and entered into this _ day of
Department, State of California, for the armory located at:
301 Armory Road Santa Cruz, CA 95065-2101
(Address) (City)
acting on behalf of the Adjutant General pursuant to Section 431 and 432 Military and Veterans Code, Military
Department, State of California and
County of Santa Cruz Planning Department, ATTN: Julie Conway, 701 Ocean Street, 4th Floor, Santa Cruz, CA 95060
(Name and Address of Licensee)
hereinafter called the LICENSEE:
WITNESSETH
That the MILITARY DEPARTMENT, STATE OF CALIFORNIA in consideration of
the payment by the Licensee of
the
usage as shown below, hereby authorizes and permits the LICENSEE to use the
hereinafter described area of said facility during the times and or the purposes specified.
TOTAL LICENSE FEE per night of
A. Dates and times of use: The armory facility will be available for use as an Emergency Shelter nightly between the
hours of 6:00 p.m. through 7:00 a.m., October 15,2013 through April 15,2014, EXCEPT: during any period that any
organization of the State Militia or of the Ared Forces of the United States is conducting drils or other military
training or activity at the armory (or during any period that the armories have been designated by the Governor or the
Adjutant General for use appropriate to a condition of emergency).
the Califörnia Government Codes, the
Emergency Shelter Prograi (ESP) is an emergency response operation in order to prevent the "loss of life" of
homeless persons during winter weather conditions.
B. Purposes (in detail): In accordance with Section 15301-15301.6 of
C. Facilty area to be used: Dril Floor / Latrines / Showers / Fire Marshal approved Kitchens/ Motor Park for
placement of storage containers (IF REQUIRED).
D. Basic rental rates: $435.00/ per day x number of days (Personnel and utility costs are included). A surcharge will
be accessed in the event utility usage exceeds the amount allocated in the program budget.
E. The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
Licensee
Licensee Address and Phone Number
Care Provider
Care Provider Address and Phone Number
Approved:
Emergency Shelter Program Manager
CAL NG Form 210-29 (Aug 11)
Approved by the Attorney General
26
0141
ArrACHMENT 1
It Is Mutually Agreed as Follows:
1. That the LICENSEE shall comply with all applicable statutes, laws, ordinances and rules and regulations adopted by
the Federal, State or any City, City and County, County
or other body politic and which pertains to the said use of said
premises or any provisions of the License.
2. That the LICENSEE shall not drive any nails, tacks, pins, or other objects into the floor, walls, ceilings, partitions,
windows, woodwork, or other part of said premises, nor change in any manner or move any fixture on said premises,
the LOCAL SENIOR ARMORY
9r make any alterations or changes in said premises without the written consent of
SUPERVISOR,
this license, LICENSEE will surrender to the MILITARY DEPARTMENT, STATE OF
CALIFORNIA the premises with its appurtenances and fixtures in good order, condition, and repair, reasonable use
and wear thereof; Acts of God exempted.
3. That upon expiration of
4. That this agreement shall not be assigned or sublet, in whole or in part, without the written consent of the MILITARY
DEPARTMENT, STATE OF CALIFORNIA.
5. That the LICENSEE is responsible for providing temporary emergency exit lighting that meets all State, County and
City codes unless the facility is so equipped.
6. That upon completion of the use of said premises, the LICENSEE shall promptly remove all decorations, displays,
and equipment used on the premises by the Licensee.
7. That the LICENSEE shall comply with such reasonable rules and regulations as may be prescribed by the MILITARY
DEPARTMENT, STATE OF CALIFORNIA, for the use and occupation of State Facilities. Note: Some Facilities
contracted for use are not ADA compliant due to the construction age of the facility.
said
8. That the MILITARY DEPARTMENT, STATE OF CALIFORNIA shall supply normal utilities for the use of
premises.
9. That the LICENSEE shall not permit any intoxicating beverage to be sold, offered for sale, stored, given away or
otherwise disposed of or consumed in or on any part of said premises.
10. That the LICENSEE shall not permit any use of tobacco products in any part of said premises or within 20 feet of
entrance/exit doorways; when permitted, smoking will be in a controlled area and under LICENSEE supervision.
11. That the LICENSEE shall indemnify and save harmless the MILITARY DEPARTMENT, STATE OF
loss,
damage, injury or liability that may be suffered or incurred by the MILITARY DEPARTMENT, STATE OF
CALIFORNIA, the Adjutant General, the State, or their officers, agents or employees caused by, arising out of, or in
any way connected with the use by LICENSEE of the above premises or any part thereof or the exercise of the rights
or privileges herein granted.
CALIFORNIA, the Adjutant General, the State and their offcers, agents and employees against any and all
12. That this license shall not extend past the period of
October 15 - April 15 unless expressly provided herein.
13. That the LICENSEE shall incur additional and increased costs for operating the Emergency Shelter Program at
LICENSEE chosen armories for regionally declared emergencies.
14. ADDENDUM: Any attached addendum and provisions constitute a part of
this license.
26
ATTACHMENT I'
0142
!ADDENDUM TO CAL NG FORM 210-29
LICENSE TO USE STATE MILITARY FACILITY
In addition to the standard conditions contained in the License Agreement, the Licensee agrees to
the following terms and conditions:
California law, Government Code Section 15301-15301.6,
the armory wil be available as a homeless shelter between October 15, 2013 and April
15,2014.
1. In accordance with State of
2. Each day, the arory facility wil be available for use as a homeless shelter between the
hours of6:00 p.m. and 7:00 a.m.
3. The arory wil not be available during state or federal emergencies, unit activations, or
Friday and Saturday nights when required for National Guard training.
4. The contracting County/City is responsible for the operation of
the homeless shelter, but
may provide on-site management through a non-profit organization.
5. The County/City shall provide security for the homeless shelter operation by employing a
uniformed/easily identifiable security offcer with a current and valid security guard card,
who will be on the premises of
the arory one hour before the shelter opens until one
hour after lights out. The security officer shall have access to a telephone, provided by
the care provider, for calling the appropriate law enforcement agency, should it become
necessary. Prior to leaving the armory they wil advise the military arory supervisor, or
in the case where one is not assigned, the provider wil contact the Area Coordinator or
Facilities and Engineering Department.
6. The County/City shall take whatever steps necessary to ensure that clients of the shelter
are not on the premises or, in the immediate vicinity of
the armory outside of
the hours of
shelter operation. If at any time the National Guard is dissatisfied with the efforts of the
County/City, in this regard, the County / City shall meet with the National Guard to
explore additional steps to comply with this condition; which may include busing of
clients from other location to and from the arory.
7. The armory is subject to unannounced periodic visits by staff
members of
the Emergency
Shelter Program and/or the State of California, Facilities and Engineering staff for
inspection, repair or maintenance as authorized by The Adjutant General during seasonal
operations.
8. The County/City shall provide janitorial service for the restrooms, showers, and dril
floor by a licensed contractor or qualified civil service employee. The armory wil be
cleaned and sanitized according to the standards set forth in Exhibit "A" to this
addendum.
9. The County/City shall supply sanitary items and paper products necessary for the
operation ofthe Emergency Shelter Program, to include, but not limited to: Cleaning /
sanitizing supplies and equipment, liquid soap, paper towel, and toilet paper.
26
ATIACHMENT 1
0143
10. The County Health Deparment shall provide periodic health screenings and consultation
on issues pertaining to sanitation if requested.
11. The County/City shall not use the arory kitchen unless it is first inspected by the State
Fire Marshall and meets all applicable fire codes. It is, however, permissible to use the
kitchen for temporary food storage, providing that all food wil be removed and surfaces
cleaned on a daily basis when the shelter operation is underway.
12. Funding will be the responsibility of each County / City agency. Payment for arory
rental is required no later than 30 days after receipt of invoice.
13. The County/City shall ensure repairs caused by the use ofthe armory as a homeless
shelter are completed by a qualified and licensed repairman in a timely maner.
14. The County/City is public entities, which are self-insured. The County/City wil be
responsible for any damage caused to the armory by its use as a homeless shelter. In
addition, they shall indemnifY the National Guard for any injuries caused by the use of
the armory as a homeless shelter.
the County/City should find an alternative location for the shelter, they have the
exclusive right to discontinue use of the armory and bear no additional expense.
15. If
16. Basic rental rate is $435.00 per night.
17. Personnel and utility charges are included in the basic rental costs. However, in the event
of an unforeseen and significant spike/increase in utility costs, a corresponding increase
in rental costs may occur.
18. County/City shall ensure that shelter clients demonstrate valid vehicle registration and
insurance to be allowed to park their vehicle inside the Arory compound.
19. Pets of clients participating in services provided by the Shelter Program are prohibited,
with the exception of registered service animals with current documentation.
20. County/City shall incur additional and increased costs for operating the Emergency
Shelter Program at chosen arories for regionally declared emergencies.
21. No alteration or variation of the terms of this license shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding or agreement not incorporated
herein, shall be binding on any of
the parties hereto.
IN WITNESS WHEREOF, the paries have hereunto set their hands the day and year first above
written.
Licensee
Licensee Address and Phone Number
Care Provider
Care Provider Address and Phone Number
Approved:
Emergency Shelter Program Manager
26
AITACHMENT 1
0144
EXHIBIT "A" -JANITORIAL AND CLEANUP
DAILY
Restrooms:
. Fil and clean all dispensers, to include soap, paper towels and toilet paper products
. Empty, clean, and disinfect all waste receptacles and insert new liners
. Clean and disinfect all wash basins, counters, and fixtures with non-abrasive cleaner
. Clean all chrome, stainless steel, and polish to a shine
· Wash and disinfect all urinals and toilets, removing stains, and cleaning under rims and flush
holes
. Clean and disinfect toilet seats, fixtures and outside surfaces of
urinals and toilets
. Dust and spot clean with detergent all partitions, walls, doors, and other surfaces
Shower/locker rooms:
. Fil and clean all dispensers
. Empty, clean, and disinfect all waste receptacles and insert liners
. Scrub and disinfect with anti-fungal cleanser, all shower areas and fixtures. (All surfaces shall be
free of soap scum, body oils, mineral deposits, stains, and orders)
. Sweep and damp mop floors with disinfectant
. Dust and spot clean lockers and benches. (Benches shall be left dry)
. Dust and spot clean all doors, walls, partitions, mirrors and other surfaces
. Clean floor drains of
hair, soap and all other materials
. Scrub entrances and walkways with deck scrub brush and disinfectant cleanser
Entr Wavs/Lobbies/Hallways/Corridors/Traffic Areas/Stairs:
. Dust mop floors
. Damp mop floors
. Empty and clean wastebaskets, central recycling bins, and trash barrels, including those outside
entrances, and replace liners. (Wastebaskets and trash cans shall be free of stains and odors)
. Clean doors, door glass, frames, and kick-plates on both sides
. Sweep and damp mop staiiways, damp wipe handrails
· Dust and wipe clean with damp or treated cloth: partitions, walls, baseboards, counters, cabinets
and all other horizontal surfaces
. Sweep outside entryays
. Empty and clean ashtrays, screen all san urns. (Replenish sand as needed)
Other Services:
. Collect and discard debris in exterior areas that are accessible by clients, to include randomly
discarded cigarette butts and paper trash (not located within fenced portion of property)
. Sweep all exterior entrances and patios, empty and replace liners, clean garbage cans and
cigarette urns, clean exterior furniture as needed
· Janitorial closets and storage spaces shall be kept clean, neat, and orderly
. Spot clean walls
. Clean phone booths and fixtures
. Clean, sanitize, and polish drinking fountains
26
ATIACHMENT 1
o i 45
WEEKLY
Restrooms:
. Clean urinals and toilets with liquid toilet bowl cleaner to remove and prevent build-up of stains
and deposits
. Pour a large pail of
water down floor drains
. Washing and disinfect walls, partitions, frames, and doors
Shower/locker rooms:
. Clean and disinfect exterior of all lockers. (Do not allow water to drip into lockers)
. Clean and disinfect all doors, walls, partitions, and benches. (Leave benches completely dry)
Other Services:
. Damp wipe all doors, walls, frames, sils, counters, baseboards, etc.
. Remove all cobwebs
MONTHLY
. Spray buff resilient and hard surface floors
. Clean window blinds
. Scrub clean all surfaces in showers
QUARTERLY
. Scrub, reseal and buff resilient and hard surface floors
Licensee signature and date
Care Provider signature and date
ESP Operations and date
Printed Name and Phone number
Printed Name and Phone number
Printed Name and Phone number
26
ATIACHMENT 2
0146
COUNT OF SANTA CRUZ
RE UES FOR APPROVAL OF AGREEME
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(DeAg)
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(NamAc)
~ Homeless Services Center, 115 Coral Street, Santa Cruz. CA 95060
2. TI~twiipreEmergency Winter Shelter
to
3. Pe of th agrt Is fr 11 /15 / 2013
4. Anlpte Cot Is $ 1 6 1, 527
06/30/2014
Annual Ra ~ Not to Exce
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5. Deil: 0 On Continuing Agts li fo FY _-_' Page CC-_ Contrac No:
o 5en n No Bord le reir, WILL be liste und Item 8
o 5eon m .Bo le reuir
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3975
136155
(Sub object)
6. Approiations/Revnues are available and are budgeted iii (Index)
NOTE: IF APPROPRITIONS ARE INSUFFIOENT, ATIACHED COMPLffD AUD-74 OR AIJD-60
@ ll. Contract No: c...r3L.o ¿l-
~ Auditor-Co lIer 'tv 7
A¡tio ~ av.'lable~. nd, ~:"be"" '" GltJ -- Dat: ltjrlt3
Prl and acconting detil reewed and apprve. It is recmended that the Board of Superviso approve tte agreement and authrie
Planning Director
(Dept/Agenc Head) to execute on behalf of the Planning
(Deitment/Agenc)
Date:
By:
Count Administrative Office
Disbutin:
Board of Supervrs - White
State of Califoia
Audit Cotrlle - canary
Auditor-Ctrle - Pink
County of santa Crz
I ex-officio CierI. ot th Bord of Supeisrs of th County of Santa Cr,
Dertent - Gold
State of califoia, do hereby certify tht the foeging reuest for appral of agreeen was appred by said Bord of Supervisors as recmmended by the County Administrtive O1e by an
ordr duly enterelri the minutes of said Board on 20_
ADM - 29 (8/01)
lltl I, 5e 300 Pr Ma
By: Deput Cle\1
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ATTACHMENT 2
0147
Contract No.
INDEPENDENT CONTRACTOR AGREEMENT
This Contract is entered into this _day of 2013, by and between the COUNTY
OF SANTA CRUZ, hereinafter called COUNTY, and THE HOMELESS SERVICES CENTER,
hereinafter called CONTRACTOR. The parties agree as follows:
1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following
results: Provide Emergency Winter Shelter services as described in "Attachment A" (Scope of Services),
"Attachment B" (FY 2013-2014 Contract Scope of Services-Outcomes) attached hereto for the County of
Santa Cruz Plannng Department.
2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,
COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $161,527, as described in
"Attachment C" (Budget) attached hereto, processed for payment in five monthly installments as
described in Attachment C, upon receipt of invoice, and approval of proj ect manager.
3. TERM. The term of
this Contract shall be: November 15, 2013 through June 30,2014.
4. EARY TERMINATION. Either party hereto may termnate this Contract at any time
by giving thirty (30) days written notice to the other party.
5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmess COUNTY (which for the purpose
of paragraphs 5 and 6 shall include, without limitation, its offcers, agents, employees and volunteers)
from and against:
A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or
nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of
persons, or damage to property as a result of, arsing out of, or in any manner connected with the
this Contract, excepting any liability arising out of
CONTRACTOR'S performance under the terms of
the
sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or
property(ies) of CONTRACTOR and third persons.
B. Any and all Federal, State and Local taxes, charges, fees, or contributions required to be
paid with respect to CONTRACTOR and CONTRACTOR'S offcers, employees and agents engaged in
the performance of this Contract (including, without limitation, unemployment insurance, social securty
and payroll tax withholding).
6. INSURCE. CONTRACTOR, at its sole cost and expense, for the full term of this
the
following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as
respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in
Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of
excess of CONTRACTOR'S insurance coverage and shall not contribute to it. If CONTRACTOR
normlly carries insurance in an amount greater than the minimum amount required by the COUNY for
this Contract, that greater amount shall become the minimum required amount of insurance for purposes
of
this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances
Page i
26
AITACHMENT 2
0148
carred by it shall be deemed liability coverage for any and all actions it performs in connection with this
Contract.
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract,
CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as to each subcontractor
or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required
of CONTRACTOR in this contract, unless CONTRACTOR and COUNTY both initial here _/
A. Types of Insurance and Minimum Limits
(1) Worker's Compensation in the minimum statutorily required coverage amounts.
This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to
this fact by initialing here
(2) Automobile Liability Insurance for each of CONTRACTOR'S vehicles used in
the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR'S
employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per
occurrence for bodily injury and property damage. This insurance coverage is required unless the
CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract
and CONTRACTOR and COUNTY both certify to this fact by initialing here _/ _'
(3) Comprehensive or Commercial General Liability Insurance coverage in the
minimum amount of $1,000,000 combined single limt, including coverage for: (a) bodily injury, (b)
personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
/-
(4) Professional Liability Insurance in the minimum amount of$
combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNY
B. Other Insurance Provisions
(1) If any insurance coverage required in this Contract is provided on a "Claims
Made" rather than "Occurence" form, CONTRACTOR agrees to maintain the required coverage for a
period of three (3) years after the expiration of this Contract (hereinafter "post Contract coverage") and
any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or
purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being
both available and reasonably affordable in relation to the coverage provided durng the term of this
Contract. For puroses of interpreting this requirement, a cost not exceeding 100% of the last annual
policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post
Contract coverage shall be deemed to be reasonable.
(2) All required Automobile and Comprehensive or Commercial General Liability
Insurance shall be endorsed to contain the following clause:
"The County of Santa Cru, its offcials, employees, agents and volunteers are added as
an additional insured as respects the operations and activities of, and on behalf of, the named insured's
performance under its/his/her/their contract with the County of Santa Cruz."
(3) All required insurance policies shall be endorsed to contain the following clause:
"This insurance shall not be canceled until after thirty (30) days prior written notice has been given to:
i
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Page 2
ATTACHMENT 2
0149
Santa Cruz County
Planning Department
Attn: Fiscal
701 Ocean Street, 418
Santa Cruz, CA 95060
(4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of
these insurance provisions and provide COUNTY on or before the effective date of this Contract with
Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or
sent to:
Santa Cruz County
Planning Department
Attn: Fiscal
701 Ocean Street, 418
Santa Cruz, CA 95060
7. EQUAL EMPLOYMENT OPPORTUNITY.
During and in relation to the
performance of this Contract, CONTRACTOR agrees as follows:
A. The CONTRACTOR shall not discriirnate against any employee or applicant for
employment because of race, color, religion, national origin, ancestry, physical or mental disability,
medical condition (cancer related), marital status, sexual orientation, age (over i 8), veteran status, gender,
pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be
liirted to, the following: recruitment, advertising, layoff or termnation, rates of payor other forms of
compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or
transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and
this non-discriirnation clause.
applicants for employment, notice setting forth the provisions of
B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if
CONTRACTOR employees fifteen (15) or more employees, the following requirements shall apply:
(1) The CONTRACTOR shall, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified applicants wil receive consideration
for employment without regard to race, color, religion, national origin, ancestry, physical or mental
disability, medical condition (cancer related), marital status, sexual orientation, age (over 18), veteran
status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include,
but not be liirted to, the following: recruitment; advertising, layoff or termnation, rates of payor other
forms of compensation, selection for training (including apprenticeship), employment, upgrading,
demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider
Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR'S solicitation of goods and
services. Defintions for Minority/Women/Disabled Business Enterprises are available from the
COUNTY General Services Purchasing Division.
(2) In the event of the CONTRACTOR'S non-compliance with the non-
discriirnation clauses of this Contract or with any of the said rules, regulations, or orders said
CONTRACTOR may be declared ineligible for further contracts with the COUNTY.
(3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs
7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a
subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided
Page 3
26
ArrACHMENT 2
or raw materials. 0 150
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies
8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have
reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is
an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all
insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is
not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to
control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the
manner and means of accomplishing the result contracted for.
SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may
exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a
distinct occupation or business; ( c) In the locality, the work to be done by CONTRACTOR is usually
done by a specialist without supervision, rather than under the direction of an employer; (d) The skill
required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than
the COUNTY supplies the instrumentalities, tools and work place; (t) The length of time for which
CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of
CONTRACTOR is by the job rather than by the time; (h) The work is par of a special or permssive
activity, program, or project, rather than part of the regular business of COUNY; (i) CONTRACTOR
and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (j) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary factors that
indicate that CONTRACTOR is an independent contractor.
By their signatues on this Contract, each of the undersigned certifies that it is his or her
considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent
contractor.
9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior
written consent of the COUNTY.
10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and
literature that the Santa Cruz County Board of Supervisors has provided fuding to the CONTRACTOR.
11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records
pertinent to this Contract for a period of not less than five (5) years after final payment under this
Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR
hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of Californa, or the designee of either for a period of five (5) years after
final payment under this Contract.
12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims
arising out of or related to this Contract shall be made in accordance with the provisions contained in
Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13. ATTACHMENTS. This Contract includes the following attachments:
Attacluent A -Scope of Work
Page
26
4
Attachment B --Contract Outcomes
Attachment C-Budget
14. LIVING WAGE.
ATIACHMENT 2
0151
This Contract is covered under Living Wage provisions if this
section is initialed by COUNTY
If Item # 14 above is initialed by the COUNTY, then this Contract is subject to the provisions of
Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees
(per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate
requirement of this chapter, but are not exempt from, and must adhere to, the "non-wage" related
County Code Chapter 2.122.100,2.122.130, and 2.122.140, as well as all other applicable
portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the
requirements of
term of the Contract wil be considered a material breach, and may result in termnation of the Contract
and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.
15. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The
following requirements shall be met, in addition to any other requirements of this Contract:
A. WEB LINKS - If a non-profit CONTRACTOR has an organizational web site, it
shall be a requirement of this Contract to provide links to the HelpSCC
(www.helpscc.org), Santa Cruz County Governent (www.co.santa-cruz.ca.us),
and Workforce Santa Cruz County (www.workforcescc.com) web sites.
16. MONITORIG PROGRA FOR 50l(c)(3) NONPROFIT AGENCIES. Each of
the
following requirements shall be met, in addition to any other requirements of this Contract.
the CONTRACTOR'S fiscal years occurng
the end of each of
during the term of this Contract, the CONTRACTOR shall provide the Contract
Admnistrator with two copies of Financial Statements relating to the entirety of the
CONTRACTOR'S operations. Financial statements normally include: (1) a Statement of
Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of
Functional
Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of
the financial statements
Expenses. The Contract Admnistrator wil forward one copy of
to the Auditor-Controller.
A. Within 180 days of
(1) For the puroses of
this paragraph, "CONTRACTOR'S fiscal year" shall be that
period the CONTRACTOR utilizes for its anual budget cycle.
(2) The Contract Administrator with concurence of the County Auditor-Controller may
agree to extend the deadline for the Financial Statements required by this paragraph.
the County, the requirements ofthis paragraph may be exempted
where the Contract Administrator and the County Auditor-Controller ascertain that such
reporting is not essential, and both certify to its inapplicability by initialing here
B. In the sole discretion of
(Aud); _ (CA).
C. The CONTRACTOR shall make a good faith effort to provide the Contract Admnistrator
with timely notice of any event or circumstance that materially impairs the
CONTRACTOR'S financial position or substantially interferes with the
CONTRACTOR'S ability to offer the services it has agreed to provide as set forth in this
Page 5
26
ATTACHMENT 2
Contract. The Contract Admnistrator shall notify the Auditor-Controller of any
impairment upon being notified by the contractor. 0152
the Auditor-Controller refer to the paragraph on "Retention and
D. For audit authority of
Audit of
Records."
17. MISCELLANEOUS. This written Contract, along with any attachments, is the full and
complete integration of the parties' agreement formng the basis for this Contract. The parties agree that
this written Contract supersedes any previous written or oral agreements between the parties, and any
modifications to this Contract must be made in a written document signed by all parties. Any arbitration,
mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz,
notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa
Cruz.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
3. COUNTY OF SANTA CRUZ
1. HOMELESS SliV..1 CE~ CENTER
By: f!- f/ ~
By:
SIGNED
SIGNED
Monica Marinez
PRINTED
PRITED
Homeless Services Center
115 Coral Street
Santa Cruz, CA 95060
Telephone: 831-458-6020
Fax: (831) 316-5010
Email: [email protected]
APPROVED AS TO INSURCE:
2.
4.
DISTRIUTION:
. Plannng Department
. Auditor-Controller
. Risk Management
. Homeless Services Center
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26
AITACHMENT 2
0153
Attachment A
Scope of Work
1. The Homeless Services Center (CONTRACTOR) will operate and
administer a program providing emergency shelter service to homeless
persons throughout Santa Cruz County throughout northern Santa Cruz
County using chari9table organizations and the Santa Cruz Armory. The
coordination of and transportation fo these services will be the
responsibility of the CONTRACTOR. CONTRACTOR will provide shelter
beds at local churches, the Paul Lee loft, the Live Oak Grange and the
Santa Cruz National Guard Armory. Contingent upon the availability of
shelter facilities and funding, the Winter Shelter Program will be in
operation seven nights per week from November 15, 2013 through April
15,2013.
2. CONTRACTOR agrees to adhere to the following provisions:
a. CONTRACTOR will provide supervision and security with a ratio of
at least 1 security/maintenance person to each 30 guests at all
sites.
b. CONTRACTOR will provide each shelter guest with a copy of
program rules and regulations, and will post these at each site.
c. CONTRACTOR will provide training and supervision to all
personneL.
d. CONTRACTOR will ensure that the specified guest capacity for
each site is not exceeded and will move guests to other sites as
needed.
e. CONTRACTOR will act as lead agency and primary contact with
the California National Guard and shall be responsible for
compliance with all terms of the license to use the Santa Cruz
Armory.
f. CONTRACTOR will invoice COUNTY for costs as specified in
Attachment A- Budget.
g. COUNTY shall review and evaluate CONTRACTOR's compliance
with contract provisions on an as-needed basis. CONTRACTOR
agrees to cooperate with any monitoring activities deemed
necessary by the Planning Department.
26
ATIACHMENT 2 l
0154
Attachment B
Contract Scope of Services-Outcomes
Units of Service
Homeless Services
Quality of Service
Homeless Services
Center will provide a
Center will provide clients
a safe, warm and secure
environment. HSC
safe, warm and secure
environment for an
average of 75 homeless
clients for 152 nights
during the season of
cold/wet weather
provides mats and
blankets.
Client Outcomes
Homeless Services
Center provides a safe,
clean environment for
clients to sleep, thereby
reducing illness, infection
and the detrimental
effects of sleep
deprivation. 100% of
clients will be safe and
comfortable for the period
of Winter Shelter
programming.
26
ATIACHMENT 2 i
0155
ATTACHMENT C: BUDGET
Homeless Services Center
Winter Shelter Expenses for FY 2013.2014
Cost Category
Contract Amount
Janitorial
$16,480
Transportation
$50,000
Personnel
$76,765
Other non-personnel
$17,032
$1,250
Grange Rental
Total Contract Amount
$161,527
Payment Schedule
Reimbursement to be made in arrears monthly beginning 12/15/13 upon
submission of invoice and approval of Housing Coordinator:
$32,306
$32,306
$32,305
$32,305
$32,305
due on 12/15/13
due on 1/15/14
due on 2/15/14
due on 3/15/14
due on 4/15/14
26