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b. Contractor shall ensure that any equipment purchased with firnds pursuant to this Agreement, and utilized for and at the Homeless Navigation Center, will be disposed of in accordance with the direction of the City. In addition, all equipment furnished to the Contractor by the City and/or purchased by the Contractor with funds pursuant to this Agreement, will be limited to use within the activities outlined by this Agreement and will remain the property of the City. Upon termination of this Agreement, Contractor will immediately return all equipment to the City or dispose of it in accordance with the direction of the City. 2. TERM OF AGREEMENT This Agreement shall commence upon the date first written above ("Commencement Date"). Services shall be provided upon the completion of construction of the Homeless Navigation Center and issuance of a Certificate of Occupancy, or similar approval from the City's Building Department ("Effective Date"). The term of the Agreement shall continue for three (3) years from the Effective Date, with the option for the City to grant up to two (2), two (2) year renewals, exercisable by a writing executed by the City Manager and the City Attorney, for a potential total Term of seven (7) years ('Term") from the Effective Date, unless terminated earlier in accordance with Section 15, below. 3. COMPENSATION a. From and after the Effective Date, City shall pay Contractor an annual fee not to exceed $3,577,366.00 for operation of the Homeless Navigation Center with a capacity of up to 200 beds, as compensation for all Services rendered under this Agreement, with an annual Consumer Price Index adjustment of 1.5%, during the Term of the Agreement, as provided in Exhibit C attached hereto and incorporated herein by reference ("Operation Fee"). The Operation Fee will be based upon the actual occupancy count and incurred costs, as documented by the Contractor. The total number of beds available in the Homeless Navigation Center may be increased at the discretion of the City, which would require amendment of this Agreement to adjust the maximum annual Operation Fee to account for the increased capacity. An audit of expenses and occupancy count will be conducted on a semi-annual basis to reconcile any over or under -payment of expenses by the City. In the case of the former, Contractor shall credit the City the amount of over -payment in the immediate period. In the case of the latter, the City shall pay the Contractor the amount of the under -payment. b. Start-up costs in the first year of operation may total a not to exceed amount of $75,000.00 with documentation from Contractor. Start-up costs may include but are not limited to: miscellaneous kitchen items, padlocks, bedding, trash containers, laundry bags, hot box for bug treatment, and other furnishings and equipment, as approved by the City prior to purchase and use. C. The total sum to be expended under this Agreement shall not exceed $10,968,885.00. Page 2 of 11