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HomeMy WebLinkAboutItem 5f - Fleet Surplus Disposal Authorization Item 5f Department: Public Works Cost Center: 5008 For Agenda of: 8/24/2021 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Greg Cruce, Interim Maintenance Operations Manager SUBJECT: FLEET SURPLUS DISPOSAL AUTHORIZATION RECOMMENDATION Authorize the designation and disposal of surplus items in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Sections 405-L, 480-A, and 480-B. DISCUSSION Background Staff has identified 16 vehicles and pieces of equipment meeting the criteria for surplus designation, in accordance with the City’s Financial Management Manual Sections 405- L, 480-A, and 480-B. The vehicles and equipment units listed below have been replaced and are ready to be designated as surplus. These vehicles have an estimated value in excess of $1,000 each and therefore require City Council approval before they can be sold. No. Asset No. Description Program 1 0125 Electronic Signboard Streets Maintenance 2 1103 Slurry Seal Tank Streets Maintenance 3 N/A Slide-in Asphalt Patcher Streets Maintenance 4 0127 Toyota Rav 4 Community Development 5 0316 Ford Ranger Parks & Recreation 6 0704 Chevrolet S-10 Utilities 7 1011 Dodge Dakota Utilities 8 1305 Ford Explorer Police 9 1306 Ford Explorer Police 10 1308 Ford Explorer Police 11 1403 Westward Industries GO-4 Parking 12 1506 Ford Explorer Police 13 1536 Ford Explorer Police 14 1617 Honda Motorcycle Frame Police 15 N/A Truck Mounted Air Compressor Public Works 16 N/A Stormwater rumble strips Public Works/Utilities Page 149 of 271 Item 5f The vehicles and equipment listed above have been removed from the active fleet record per the City’s vehicle replacement plan and are therefore ready to be auctioned. It is important that these vehicles are sold as soon as possible due to on-going depreciation and the cost associated with maintaining the vehicles in a condition adequate for sale. Policy Context Upon the approval of City Council, auctioning of these vehicles and equipment will comply with the Financial Management Manual sections 405-L, 480-A, and 480-B. Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. CONCURRENCE The Finance Department concurs with staff recommendations. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the sale of surplus property is not a “project” as defined by CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: No Budget Year: 2021-22 Funding Identified: N/A Fiscal Analysis: Staff anticipates the sale of these surplus items will generate approximately $50,000 in revenue after any associated advertising or auction fees. Funds generated by the sale of these surplus items which were General Fund supported will be returned to the Fleet Replacement Fund balance to support future purchases of replacement vehicles and equipment. Funds generated by the sale of surplus items supported by enterprise funds will be returned to the applicable enterprise fund. Page 150 of 271 Item 5f Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A $ $ $ N/A State Federal Fees Other: Total $ $ $ $ N/A ALTERNATIVES Deny Surplus designation and sale. The City Council could reject the surplus designation request and direct staff to pursue vehicle rehabilitation and repairs. Staff does not recommend this option because these vehicles have been replaced and currently serve no purpose. If these assets are not sold, the City will continue to incur costs associated with maintenance and depreciation. ATTACHMENTS A – Financial Management Manual, Section 405-L B – Financial Management Manual, Section 480-A C – Financial Management Manual, Section 480 -B Page 151 of 271 Page 152 of 271 Page 153 of 271 Page 154 of 271 Section 480-A SURPLUS PERSONAL AND UNCLAIMED PROPERTY POLICY OVERVIEW This policy addresses the procedures for the disposal of surplus personal property, unclaimed property, consumable supplies, and junk. The policies and procedures for the disposal or sale of surplus real property, abandoned property and resale inventory are provided in other policy documents. In preparing this policy, not all issues or exceptions could be anticipated. Accordingly, the guidance given in this policy does not relieve Staff from exercising good judgment in their stewardship of the City's property resources. Whenever there is a question or doubt between the guidance provided in this policy and the good judgment expected of a prudent person, good judgment should always be the prevailing standard, with this policy as a minimum standard. LEGISLATIVE POLICY A. Surplus Property Section 906 of the City Charter provides that the Council must approve the sale of surplus property (real or personal) with an estimated value greater than $1,000. B. Unclaimed Property 1. Chapter 3.32 of the City Municipal Code provides for the disposal of unclaimed property by the Chief of Police. This property must be held for a minimum of four months and notice of sale must be given at least five days prior to sale by publication in a newspaper of general circulation. Property not sold may be destroyed by the Police Department after public auction. 2. Sections 2080.4 and 2080.6 of the Civil Code requires any person finding property valued at $10.00 or more to turn the property over to the Police Department within a reasonable time, stating when and where the property was found and providing a description of the property. If the property was saved, a statement is required from the "finder" describing: a. From what and how it was saved. b. Whether the owner of the property is known to the "finder". c. That the property has not been secreted, withheld, or partially disposed. 480-1 Page 155 of 271 Surplus Personal and Unclaimed Property Policy ADMINISTRATIVE POLICY A. The Director of Finance & Information Technology (IT) is authorized to declare as surplus those items of personal property and consumable supplies estimated to be less than $1,000 in value; Council approval is required to declare personal and consumable supplies as surplus with a value of $1,000. B. Department Heads are authorized to approve the disposal of property that is essentially without value due to technical obsolescence or its unrepairable (or economically unrepairable) condition. Department Heads may dispose of such junk property in the manner they deem most appropriate, consistent with other rules, regulations, and the City's ethics policy. C. Generally, estimating the value of surplus property is made by the Department Head or designated representative. In unique and unusual cases, Finance will assist Departments in estimating the value of property by using the City's auction firm to provide a professional estimate. However, in all cases, the Department Head must approve in writing the estimated value of the property to be sold or otherwise disposed. D. The Director of Finance & IT is authorized to sell, transfer, trade, or otherwise dispose of surplus personal property, consumable supplies, or unclaimed property in the most cost effective manner. Normally the sale of this property will be at auction with a firm contracted to provide the following services: 1. Sell and dispose of personal property, consumable supplies and unclaimed property at auction. 2. Provide professional estimates as to the value of personal property and consumable supplies when required. 3. Assist in the sale of unique or special property and consumable supplies that requires the use of a "specialty house" to sell or dispose of the property. 4. Dispose of unsaleable property, supplies and equipment at an approved disposal site. E. The Director of Finance & IT may dispose of surplus property and supplies by transfer to another local government agency or non-profit organization based on the recommendation of a Department Head. Although there may be circumstances where it is appropriate to make such transfer without compensation, cash or in-kind services should generally be received in an amount equal to or greater than the estimated value provided by the City's auction firm or the Department Head. In the case of vehicles, "low blue book value" may also be considered. F. When it is a normal business practice, trade value should be obtained to determine the most cost effective method of disposal and as a standard by which to evaluate the services 480-2 Page 156 of 271 Surplus Personal and Unclaimed Property Policy of the City's auction firm. There may be circumstances when trade value of property may exceed auction value, in which case the Director of Finance & IT may authorize the trade of surplus property versus sale at auction based on the recommendation of the appropriate Department head. G. Advertising the sale of the City's property and unclaimed property will be made by the City's auction firm in accordance with these procedures, the Auction Services Agreement, and legislative policy. Accordingly, the advertising must disclose that the property for sale at auction is either the surplus property of the City of San Luis Obispo or is unclaimed property in the possession of the City and it must state the date and time of sale. Property sold at auction will be advertised at least five days in a newspaper of general circulation in the City of San Luis Obispo. H. Property determined to be unclaimed by the Chief of Police may be sold at public auction in accordance with these policies and procedures under the following conditions: 1. It is a thing which is commonly the subject of sale. 2. The owner cannot (with reasonable diligence) be found. 3. The owner, if identified, refuses to pay the reasonable charges incurred by the City for storing and safeguarding of the property. PROCEDURES A. Surplus Personal Property and Consumable Supplies 1. Department Heads will identify personal property and supplies that are surplus to their needs and notify the Director of Finance & IT by Memorandum to sell or dispose of property identified, in accordance with City policy and procedures. The property to be declared surplus will be listed and include the City Asset Number (if applicable), a descriptive name of the property, quantity, pickup location, estimated value, and name of the contract person with their extension number. Separate memorandums must be prepared for property estimated to exceed $1,000 in value and for property estimated to be less than $1,000 in value. The memorandum (or listing) must indicate why the property is no longer required. 2. Department Heads may request that Finance assist them in estimating the value of personal property and consumable supplies. In such instances, Finance may request the services of the City's auction firm in estimating these values. However, these services are limited and should not be used except for unique and unusual property. 3. Special handling will be required for the disposal of toxic and hazardous materials, and should be coordinated with the City's Fire Department. 480-3 Page 157 of 271 Surplus Personal and Unclaimed Property Policy 4.After receipt of a request to dispose of personal property and consumable supplies from a Department Head, Finance will circulate the list of property to other City Departments as an advisory memorandum. The property listed may be claimed by other Departments on a first come first serve basis. After 10 days from the date of the advisory memorandum, this listing will be forwarded to the Housing Authority, San Luis Coastal Unified School District, and United Way for their information. If none of these agencies expresses interest in the remaining property items within 10 days of receiving the listing, then the property will be consigned to the City's auction firm for sale or other method of disposal as determined by the Director of Finance & IT. Except in unusual circumstances, surplus property will generally remain on site pending its final disposition. This means that it is the responsibility of the interested party to make arrangements with the disposing department to view the property, discuss its condition, and coordinate any terms of transfer such as price, timing, and transportation. 5.For property with a value of $1,000 or more, the Director of Finance & IT will prepare an Agenda Report for Council approval to declare the property as surplus after review by the operating departments as described above and prior to the consignment of property to the City's auction firm. B. Evidence The provisions of this policy do not address the disposal of property which is classified as evidence. Evidence is governed by the provisions of the penal code and must be dealt with accordingly. For example, evidence may be returned to the owner, subjected to lien, or classed as contraband and accordingly destroyed. However, evidence may also be determined by the Chief of Police to be unclaimed property and, in that event, will be processed in accordance with the policies and procedures provided below. C. Unclaimed Property Unclaimed property received by the City will be processed as follows: 1.The Police Department is required to receive, hold, and safekeep all property valued at more than $10 that is found within the City limits and turned in to the Police Department for safekeeping. The owner will be notified as to where the property may be claimed if the owner's identity can reasonably be determined. 2.If the owner appears within 120 days after receipt of the property by the Police Department, proves ownership, and pays all reasonable charges, the Police Department will return the property to the owner. 3.If the reported value of the property is fifty dollars or more (and no owner appears and proves ownership within 120 days), the Police Department will publish a notice, at least once, in a newspaper of general circulation. After seven days 480-4 Page 158 of 271 Surplus Personal and Unclaimed Property Policy following the first published notice the following actions will be taken if no owner appears and proves ownership of the property; a. If the property was found in the course of employment by a City employee, the property shall be sold at public auction. b. The title shall vest in the person who found the property if he or she is willing to pay the cost of the publication. c. If the reported value of the property is less than $50 and no owner appears and proves ownership of the property within 120 days, the title shall vest in the person who found the property, unless the property was found in the course of employment by a City employee, in which case the property shall be sold at public auction. d. Generally, the sale of unclaimed property will be made by the City's auction firm; however, in unique circumstances, the Chief of Police may request that Police Department staff conduct the auction. When the City's auction firm is used, the firm must be notified in writing with a list of property to be sold. This list does not require a statement of estimated values. The letter will give the name of the contact person and extension number, a short title property description, a pickup location, and a pickup time. e. Prior to sale, a listing of unclaimed property shall be provided to the Director of Finance & IT, who will circulate this list as an advisory memorandum to other City Departments. The property listed may be claimed by other Departments on a first come first serve basis. After a 15 day period from the date of the advisory memorandum, the unclaimed property will be available for sale at public auction according to policy. f. The unclaimed property to be sold by the City's auction firm will be transferred on consignment in accordance with the surplus property policies. g. Any property remaining unsold after being offered at public auction may be destroyed or otherwise disposed of by the City's auction firm. Approved by the City Manager on March 1, 1990; revised on January 14, 1994. 480-5 Page 159 of 271 Page 160 of 271 Section 480-B AUCTION FIRM SERVICES OVERVIEW To reduce staff time in the sale and disposal of property, to reduce the amount of space being used to store surplus and unclaimed property, to improve the process of estimating the value of surplus property, and to maximize the value of return on surplus property, the Department of Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal of personal property, consumable supplies and unclaimed property on an "as available basis" after authorization is given by the Council or the Director of Finance & IT to sell or dispose of City property. The policies and procedures provided below in conjunction with the City's auction firm will provide the staff with the opportunity to systematize the sale and disposal of this property. AUCTION FIRM RESPONSIBILITIES The following responsibilities will normally be assigned to the City's auction firm by Agreement between the City and the firm selected: A. The auction firm will be required to pickup any and all "marketable" surplus property by consignment and deliver this property to their premises where it shall be inventoried, sorted, identified, and catalogued. An auction will be conducted within 30 days of receipt of property and supplies. B. The auction firm will make the necessary arrangements for offering the property for sale by auction to the most qualified buyers to obtain the highest return possible. The auction firm will advertise the auction in a manner that will obtain the maximum participation by the public in at least one newspaper of general circulation in the City of San Luis Obispo for a minimum of five days prior to a scheduled auction. C. The property consigned to the auction firm will remain the property of the City until sold or disposed in accordance with these procedures. D. Property not sold at auction will be disposed by on of the following methods: 1. Consignment to a sub-contractor specializing in unique or special equipment and material for which there is no local market. 2. Direct sale to a buyer of unique or special equipment and material for which there is no local market. 3. By sale as salvage to a local dealer or any recycling firm. 4. By destruction at an appropriate landfill site and certification thereto. 5. Returned to the City. 480-10 Page 161 of 271 Auction Firm Services E. The material and equipment not sold at auction will be disposed of by one of the methods described above within 15 days from the date offered at auction. For the purpose of these instructions, the City will give approval as to the disposal method based on the recommendation of the auction firm and the method that is in the best interests of the City. F. The auction firm will provide the Department of Finance & IT with a list of consigned property with a check for the net proceeds from the auction or specialty sale within 60 days of receipt of consigned material and equipment providing the following information: 1. City Asset number (if available) 2. Short title description of the property 3. Date of sale or disposal 4. Purchaser or the disposal site 5. Total purchase price 6. Auction fee 7. Net to City 8. Method of disposal (sale at auction, transfer to a specialty house for sale, direct sale as salvage, transfer to an appropriate landfill or disposal site, return to City) 480-11 Page 162 of 271 Item 5g Department: Administration Cost Center: 1021 For Agenda of: 8/24/2021 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: AUTHORIZE AN AGREEMENT WITH THE SAN LUIS OBISPO COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PUBLIC, EDUCATION, AND GOVERNMENT ACCESS FUNDS RECOMMENDATION Authorize the Mayor to execute an Agreement by and between the City of San Luis Obispo and San Luis Obispo Coastal Unified School District for release of Public, Education, and Government (PEG) Access Funds (education portion) for a term ending September 1, 2024. DISCUSSION PEG funds are collected pursuant to Municipal Code Section 5.72.010, and permissible uses of the funds are dictated by the California Public Utilities Code Section 5860. PEG funds, which are currently collected from Charter Communications through a surcharge on City resident’s cable television bills, may only be used for costs associated with the purchase and maintenance of equipment and facilities used in the production of PEG programming. State and federal law contain no directives regarding the share of funding allocated to the public, educational, or governmental channels. Since August 4, 2009, the City has had an agreement with San Luis Coastal Unified School District (SLCUSD) for the use of the “education” portion of PEG access funds. That agreement expired in August of 2018. Per the agreement, SLCUSD is required to complete an Operating Plan for the use of the education access funds prior to funds being release. SLCUSD was in the process of preparing a new plan when the COVID- 19 pandemic began, and it was put on hold. The Operating Plan has now been finalized and SLCUSD would like to enter into a new Agreement (Attachment A) with the City. Page 163 of 271 Item 5g There is $315,298.65 available in PEG access funds allocated for education. As reflected in the Operating Plan (Attachment B), the first year provides for the following improvements: Description of specific actions to improve education practice Persons involved 1. Receive administrative direction to develop a plan to use PEG funds Central Administration Principals Director – Instructional Services: Learning and Achievement 2. Discuss PEG background and requirements Central Administration PEG Committee 3. Discuss vision for the program Career Technical Education (CTE) Committee 4. Discuss draft of multi-year plan CTE Committee 5. Develop an articulated curriculum plan for CTE: Arts, Media and Entertainment strand CTE Committee 6. Consult with other video production educational programs CTE Committee 7. Establish video production skills Middle and High School Video Production Teachers 8. Further develop video production courses Site CTE Administration 9. Establish equipment needs for middle school and high school courses Chris Bonin 10. Present the plan to the SLO City Clerk with the proposed budget 11. Finalize plan for approval to SLO City Council 12. Implement middle school and high school courses Middle and High School teachers and administration Page 164 of 271 Item 5g Previous Council or Advisory Body Action On August 4, 2009, City Council approved an agreement releasing the education portion of the PEG funds to San Luis Coastal Unified School District. On May 20, 2014, the first amendment to the August 4, 2009 , contract was approved by City Council for a term expiring August 4, 2015. On February 17, 2015, the second amendment to the August 4, 2009 , contract was approved by City Council for a term expiring August 4, 2018. Policy Context PEG funds are collected pursuant to Municipal Code Section 5.72.010, and permissible uses of the funds are dictated by the California Public Utilities Code Section 5860. Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence , received prior to the meeting, or through public testimony at the meeting. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the distribution on PEG funds is not a “project” as defined by CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: No Budget Year: Funding Identified: Yes/No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ Other PEG funds: $315,298.65 Total $315,298.65 $ $ $ Page 165 of 271 Item 5g There are no fiscal impacts to the General Fund associated with approval of the Agreement or disbursement of funds to SLCUSD. Subject to the eligibility terms of the City’s franchise agreement with Charter Communications and in accordance with the City’s agreement with SLCUSD, these funds can only be used by SLCUSD. ALTERNATIVES Do not approve the Agreement with SLCUSD. Given that the City has already established that SLCUSD would be the entity to receive the education portion of the PEG funds, this is not recommended. ATTACHMENTS A – Draft Agreement between City of San Luis Obispo and SLCUSD for use of PEG Funds B – SLUCSD PEG Plan Page 166 of 271 AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR USE OF PEG ACCESS FUNDS (E-PORTION) This Agreement is made on ____________________________ by and between the City of San Luis Obispo, a municipal corporation (“City”), and the San Luis Coastal Unified School District (“SLCUSD”), who agree as follows: RECITALS WHEREAS, the City desires to provide support for the use of cable television, public, education, and governmental (“PEG”) access channels operated pursuant to federal law; and WHEREAS, the City has granted a franchise to Charter Communications to operate a cable television system in the city; and WHEREAS, Ordinance No. 1278 (1995 Series) and the Cable Television Franchise Agreement dated April 20, 1995, indicates that the City may designate nonprofit access management entity(ies) to operate and administer PEG access facilities, services, and programming; and WHEREAS, said franchise agreement with Charter Communications provides that certain channel capacity be made available for PEG access; and WHEREAS, the franchise agreement with Charter Communications provides certain payments and in-kind services shall be provided by Charter Communications to support the operation of the PEG access facilities, equipment, and channels; and WHEREAS, the Franchise Agreement with Charter Communications provides that a plan of operation for PEG access must be developed and approved by City before any funds dedicated to the provision of PEG access facilities, services, and programming may be released to the nonprofit management entities designated by City to provide such services; and WHEREAS, a plan of operation for the public and government portio ns of PEG access have been developed by SLCUSD and approved by City. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: Page 167 of 271 SECTION 1. PLAN OF OPERATION. In accordance with the requirement set forth in the City’s franchise Agreement with Charter Communications, SLCUSD has developed and submitted for approval a Plan of Operation for the provision of educational programming and services, attached hereto as Exhibit 1 and hereby incorporated by reference to this agreement. SECTION 2. SCOPE OF SERVICES. In exchange for the Education portion (E- portion) of PEG access funding provided by the City pursuant to this agreement, SLCUSD shall provide the following services: 1. Provide educational access programming for the citizens of San Luis Obispo in accordance with the terms, conditions and requirements of this Agreement, the cable franchise, local, state, and federal law, and any operational or - management policies and regulations adopted by the City Council and/or SLCUSD. 2. Provide training and video production opportunities to the students of SLCUSD in accordance with its approved Plan of Operation. 3. Develop operating policies, procedures, and guidelines for the use of equipment and facilities funded by the E- portion of PEG access funds provided by the City and for educational access programming, and file a copy of such policies, procedures, and guidelines with the City. SECTION 3. INDEMNIFICATION. SLCUSD shall indemnify, defend, and hold harmless the City, its officers, agents, and employees and volunteers from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including, payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of the SLCUSD, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. SLCUSD shall indemnify and hold harmless City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from SLCUSD use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement. Page 168 of 271 The City shall indemnify, defend, and hold harmless SLCUSD, its officers, agents, and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attorneys' fees arising out of or resulting from the performance of this Agreement, caused in whole or part by any act or omission of the City. SECTION 4. COPYRIGHT CLEARANCE. Before cablecasting video transmissions, SLCUSD shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material over the PEG access channels that are operated and managed by SLCUSD. SLCUSD shall maintain for the applicable statute of limitations for City's inspection, upon reasonable notice by City and for the term of the applicable statute of limitations, copies of all such user agreements. SECTION 5. COPYRIGHT AND OWNERSHIP. SLCUSD shall own the copyright of any programs which it may produce. Copyright of programming produced by the others, such as teachers and instructors, shall be held by such person(s) who produce(s) said programming. SECTION 6. DISTRIBUTION RIGHTS. 1. SLCUSD shall require that all programs produced with funds, equipment, facilities, students, or staff granted under this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the PEG access operating policies and procedures. 2. At least at the beginning and end of each day that video programming is cablecast on the PEG access channels whose use is authorized by this Agreement, SLCUSD shall display a credit stating, "Partial funding for the operation of this channel is provided by the City of San Luis Obispo." Such credit shall also state that opinions expressed in PEG access programs are the sole responsibility of the program producers. SECTION 7. EQUIPMENT AND FACILITIES. 1. SLCUSD shall be responsible for maintenance of all equipment and facilities purchased with funds provided pursuant to this Agreement. 2. SLCUSD shall own all equipment and personal property acquired by it and purchased with funds received pursuant to this Agreement ("Acquired Property"), except that within thirty (30) days after termination or expiration of Page 169 of 271 this Agreement, SLCUSD shall either (i) return all Acquired Property to City or (ii) retain some or all the Acquired Property and pay to City an amount equal to the then fair market value of the retained Acquired Property. If any of the retained Acquired Property was purchased by a combination of funds received pursuant to this Agreement and other funds provided by SLCUSD, then the payment to retain said Acquired Property shall be prorated according to the respective percentages of funds contributed to the purchase. SECTION 8. INSURANCE. SLCUSD shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by SLCUSD and may be included in SLCUSD annual budget. 1. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1) bodily injury including death, $ 1, 000,000 for each person, each occurrence and aggregate; (2) property damage, $ 1, 000,000 for each occurrence and aggregate. 2. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. City shall be shown as lien holder on all policies. 3. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by (State) law with an insurance carver satisfactory to the City. 4. CABLE CASTER'S ERRORS AND OMISSION INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the access channel in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual access producers. 5. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be named as a co- insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or SLCUSD without first giving the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, its officers, agents, employees, or Page 170 of 271 volunteers shall be in excess of the SLCUSD insurance and shall not contribute to it. 6. NOTIFICATION OF COVERAGE. SLCUSD shall file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation; (2) equipment insurance Upon the acquisition of any equipment; (3) cable caster's error and omission insurance within thirty (30) days of the commencement of cablecasting of programming on the designated access channel. SECTION 9. NON- DISCRIMINATION IN EMPLOYMENT AND SERVICE. SLCUSD shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental handicap. Grantee shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual preference, marital status, an ancestry, national origin or physical or mental handicap. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that SLCUSD is an independent contractor, and that no relationship of principal/agent or employer/employee exists between the City and SLCUSD. If in the performance of this Agreement any third persons are employed by SLCUSD, such persons shall be entirely and exclusively under the control, direction, and supervision of SLCUSD. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by SLCUSD and the City shall have no right or authority over such persons or terms of employment. SECTION 11. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any interest herein shall be assigned or transferred by SLCUSD, except as expressly authorized in writing by City. SECTION 12. ANNUAL REPORTS. Prior to January 1 of each year, SLCUSD shall submit to City an annual report for the preceding fiscal year (July 1 — June 30). This report shall contain, at a minimum, a written narrative describing the manner in which the Plan of Operation was fulfilled during the prior year, a list of equipment purchased by the E- portion of public access funds, and a list of proposed equipment to be purchased in the upcoming fiscal year. SECTION 13. RECORDS, FISCAL AUDIT. 1. SLCUSD shall maintain all necessary books and records of the receipt, disbursement and use of funds received under this Agreement in accordance with generally accepted accounting principles. These transactions shall be included in the scope of the annual audit performed by SLCUSD. Page 171 of 271 2. Upon reasonable request from City, SLCUSD shall, at anytime during normal business hours, make available all of its records with respect to all matters covered by this Agreement. SECTION 14. FUNDING AND OTHER RESOURCES. The City agrees to release to SLCUSD one-half of all PEG access funds that it receives from Charter Communications for PEG access equipment and facilities purposes within 60 days after those funds are received. SLCUSD shall spend funds received from the City solely fo r the purposes listed in its approved Plan of Operation and for the purposes delineated in this Agreement. The initial transfer of the E- portion of PEG access funds that have been accruing in an account set aside by the City for SLCUSD shall be executed within sixty (60) days following execution of this Agreement and upon written notice by SLCUSD to the City requesting the funds. Upon termination of this Agreement, the E - portion of PEG access funds received by the City that have not been expended or committed via written contract by SLCUSD shall be returned to the City within 60 days. SECTION 15. TERM OF AGREEMENT. This Agreement shall be for a period of three (3) years commencing on and ending on unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual agreement of the City and SLCUSD, in writing, for two additional periods of three (3) years each. SECTION 16. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. The City shall have the right upon one hundred twenty (120) days written notice to SLCUSD to terminate this Agreement for. 1. Breach of any provision of this Agreement by SLCUSD. 2. Malfeasance, misfeasance, misappropriation of public funds. 3. SLCUSD may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and SLCUSD. The City may also terminate this Agreement at the expiration of its term, or any extension thereof. SECTION 17. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 18. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 19. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California. Page 172 of 271 SECTION 20. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 San Luis Coastal Unified School District Assistant Superintendent of Educational Services 1500 Lizzie Street San Luis Obispo, CA 93401 Any party may change its address for notice by written notice to the other party at any time. SECTION 21. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF SAN LUIS OBISPO SAN LUIS COASTAL UNIFIED A Municipal Corporation SCHOOL DISTRICT ___________________________ __________________________ By: Mayor Heidi Harmon By: Eric Prater, Superintendent ATTEST: ____________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: _____________________________ J. Christine Dietrick, City Attorney Page 173 of 271 Page 174 of 271 Public, Education, Government (PEG) May 2021 RECOMMENDATION Approve an agreement with the San Luis Coastal Unified School District for the release of the “education” portion of the Public, Education, Government (PEG) Access funds received by the (City) of San Luis Obispo under its cable television franchise agreement with Charter Communications and authorize the Mayor to execute the Agreement. DISCUSSION Background In 1995, the City entered into a 15-year franchise agreement with Charter Communications (previously Sonic Cable Television) for the operation of a cable television system in the City. A key component of the agreement was a commitment by the cable company to provide public, education and government (PEG) access to the cable system. This commitment included the establishment of a PEG fund to purchase capital equipment for a PEG access program equal to 1% of Charter Communications’ annual gross revenues. Under this agreement, these funds cannot be used for operations purposes nor can they be used for anything other than PEG access. Before the CIty could receive and disburse PEG access funds that had been accumulating since 1995, the Council was required under the franchise agreement to adopt a PEG access operating plan, which was adopted by the Council on July 19, 2005 (Resolution No. 9708), the City allocates PEG access funds equally between public, education and government access. SLCUSD Operating Plan As set forth in Attachment 2, San Luis Coastal Unified School District (SLCUSD) has finalized its operating plan. At this time, there is $315,298.65 available in PEG access funds allocated for education. As reflected in the attached operating plan, the first year provides for improvements district-wide, summarized as follows: Page 175 of 271 Public, Education, Government (PEG) Plan Performance Goal: Education Technology: Video Production Planned Improvement in Student Performance in Technology: All students will demonstrate their skills in Arts, Media, Entertainment, Engineering and Video Production by producing and editing videos. 2021-2022 Professional Development will be provided for teachers. Middle School and High School Video Production enhanced 2021-2022 Media students broadcast some videos. All middle school students will have access to the elective course. 2021-2022 All high school students will have access to Video Production courses. All secondary students will have access to video technology courses. Description of specific actions to improve education practice Persons involved 1. Receive administrative direction to develop a plan to use PEG funds Central Administration Principals Director - IS:LA 2. Discuss PEG background and requirements Central Administration PEG Committee 3. Discuss vision for the program CTE Committee 4. Discuss draft of multi-year plan CTE Committee 5. Develop an articulated curriculum plan for CTE: Arts, Media and Entertainment strand CTE Committee Page 176 of 271 6. Consult with other video production educational programs CTE Committee 7. Establish video production skills Middle and High School Video Production Teachers 8. Further develop video production courses Site CTE Administration 9. Establish equipment needs for middle school and high school courses Chris Bonin 10. Present the plan to the SLO City Clerk with the proposed budget 11. Finalize plan for approval to SLO City Council 12. Implement middle school and high school courses Middle and High School teachers and administration Page 177 of 271 Laguna Middle School Item Number Cost Subtotal With Tax B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $159.99 $159.99 $173.99 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 1 $34.99 $34.99 $38.05 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 2 $6.99 $13.98 $15.20 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $14.39 $14.39 $15.65 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 6 $164.98 $989.88 $1,076.49 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 2 $89.95 $179.90 $195.64 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $12.95 $12.95 $14.08 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 1 $39.99 $39.99 $43.49 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 6 $11.45 $68.70 $74.71 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor0 2 $18.00 $36.00 $39.15 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 6 $29.99 $179.94 $195.68 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 10 $33.99 $339.90 $369.64 Page 178 of 271 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $299.95 $299.95 $326.20 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 6 $89.95 $539.70 $586.92 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 1 $695.00 $695.00 $755.81 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $189.00 $189.00 $205.54 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $595.00 $595.00 $647.06 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 10 $699.99 $6,999.90 $7,612.39 Total $11,389.16 $12,385.71 Los Osos Middle School Item Number Cost Subtotal With Tax B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $159.99 $159.99 $171.59 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 1 $34.99 $34.99 $37.53 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 2 $6.99 $13.98 $14.99 Page 179 of 271 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $14.39 $14.39 $15.43 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 6 $164.98 $989.88 $1,061.65 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 2 $89.95 $179.90 $192.94 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $12.95 $12.95 $13.89 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 1 $39.99 $39.99 $42.89 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 6 $11.45 $68.70 $73.68 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor0 2 $18.00 $36.00 $38.61 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 6 $29.99 $179.94 $192.99 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 10 $33.99 $339.90 $364.54 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $299.95 $299.95 $321.70 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 6 $89.95 $539.70 $578.83 B&H #PEHDCSS / MFR #HD-CSS - Pearston HDMI Female to Mini HDMI Male Adapter 1 $695.00 $695.00 $745.39 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $189.00 $189.00 $202.70 Page 180 of 271 B&H #VIVA2719SMH / MFR#VA2719-SMH - Viewsonic VA2719-SMH 27" 16:9 Slim Bezel IPS Monitor 1 $595.00 $595.00 $638.14 B&H #NTHSHDMI2635 / MFR #NHDMI4- 035/26C - NTW 35' High Speed HDMI Cable with Ethernet 10 $699.99 $6,999.90 $7,507.39 Total $11,389.16 $12,214.87 San Luis Obispo High School Item Number Cost Subtotal With Tax Blackmagic Studio Camera 4K 2 3 $1,695.00 $5,085.00 $5,529.94 Manfrotto Professional Tripod - 27.76" to 61.42" Height - 15.43 lb Load Capacity - Black 3 $553.30 $1,659.90 $1,805.14 Olympus M.Zuiko - 40 mm to 150 mm - f/2.8 - Zoom Lens for Micro Four Thirds - 72 mm Attachment - 0.21x Magnification - 3.8x Optical Zoom - VCM - 3.1"Diameter 3 $1,349.00 $4,047.00 $4,401.11 Pan Bar remote for LANC 3 $325.00 $975.00 $1,060.31 Blackmagic ATEM Camera Control Panel 1 $3,079.00 $3,079.00 $3,348.41 Blackmagic ATEM Talkback Converter 4K 1 $2,495.00 $2,495.00 $2,713.31 Audio-Technica Broadcast Stereo Headset - Stereo - Phono Wired - 65 Ohm - 20 Hz - 20 kHz - Over-the-head - Binaural Circumaural 4 $151.44 $605.76 $658.76 Blackmagic ATEM Television Studio Pro 4K 1 $2,995.00 $2,995.00 $3,257.06 Blackmagic Web Presenter 1 $495.00 $495.00 $538.31 Whisper Room 4 ' x 4' Enhanced (E), Double Wall Isolation 2 $8,177.00 $16,354.00 $17,784.98 Rode Microphones NT1-A Condenser Mic Bundle 1 $229.00 $229.00 $249.04 Focusrite Scarlett 2i2 (3rd Gen) 1 $169.99 $169.99 $184.86 Auray PFSS-55 Pop Filter with Gooseneck with Springloaded Clamp (5.5" Pop Filter and 13.5" Gooseneck) 1 $18.99 $18.99 $20.65 Page 181 of 271 Auray COHH-2 Clamp-On Headphones Holder for Mic Stand 1 $9.99 $9.99 $10.86 Sony Professional Studio Headphones 3 $99.99 $299.97 $326.22 Blackmagic Design Fairlight Desktop Console 1 $3,595.00 $3,595.00 $3,909.56 16 Midas Pre 8 Out 17 mfaders 1 $1,499.00 $1,499.00 $1,630.16 Behringer I/O Box 16-Inputs 8-Outputs 1 $599.00 $599.00 $651.41 SHURE BLX188 DUAL LAV SYSTEM W/CVL 2 $549.00 $1,098.00 $1,194.08 Sennheiser MKE 600 Shotgun Microphone 2 $329.95 $659.90 $717.64 K-Tek KE-89CC AVALON Aluminum Boom Pole with Internal Coiled Cord 2 $185.25 $370.50 $402.92 ikan AudioBOOM Cradle Mount 2 $29.95 $59.90 $65.14 Matthews Hollywood Century C Stand Grip Head Kit, Black - 10.5' (3.2m) 2 $230.00 $460.00 $500.25 DMX Lighting Board 1 $1,099.00 $1,099.00 $1,195.16 COLORdash Par H12IP 10 $599.99 $5,999.90 $6,524.89 Flolight Bladelight Chroma LED Light 36" 2 $799.00 $1,598.00 $1,737.83 Studio Essentials Wall Mounting Kit for Paper Rolls 2 $64.99 $129.98 $141.35 Savage Widetone Seamless Background PeperStudio Gray 2 $59.99 $119.98 $130.48 Savage Widetone Seamless Background PeperStudio Ultramarine 2 $59.99 $119.98 $130.48 Savage Widetone Seamless Background PeperStudio Super White 2 $59.99 $119.98 $130.48 Onyx half X I BI-Color 3 Point LED Light kit with 3x OYB5 3 $1,349.00 $4,047.00 $4,401.11 Canvas RGBWA Benddable 3 Point LED Light Kit W/3xCC* 3 $1,599.00 $4,797.00 $5,216.74 Panasonic HC-X2000 4K Professional Camcorder with Handle Unit 2 $2,197.99 $4,395.98 $4,780.63 Arco Video Dr. Bag 30 2 $149.00 $298.00 $324.08 Lightweight fluid video system / twin legs / middle spreader 2 $389.99 $779.98 $848.23 Manfrotto MVMXPRO500US XPRO Aluminum Video Monopod Load Capacity: 11 lbMax Height: 79.9"Closed Length: 2 $299.00 $598.00 $650.33 Core Nano-VBR98 Core SWX Lithium Ion Camcorder Battery for Panasonic EVA1 6 $219.00 $1,314.00 $1,428.98 Watson Duo LCD Charger for VW -VBG6 Batteries 2 $79.95 $159.90 $173.89 SanDisk 128GB Extreme PRO UHS-I SDXC Memory Card 6 $39.95 $239.70 $260.67 Teradek 2-Pin LEMO to P-Tap Cable (18") 2 $99.00 $198.00 $215.33 Page 182 of 271 Teradek Ace 800 3G-SDI/HDMI Wireless Video Transmitter and Receiver Set 2 $1,490.00 $2,980.00 $3,240.75 BMD ATEM Mini Pro ISO 1 $895.00 $895.00 $973.31 Zoom H6 All Black 6-Input / 6-Track Portable Handy Recorder with Single Mic Capsule (Black) 2 $329.99 $659.98 $717.73 Pelican 1500 Case with Foam (Black) 2 $149.95 $299.90 $326.14 Sennheiser MKE 600 Shotgun Microphone 2 $373.80 $747.60 $813.02 K-Tec Avalon Boom Pole - Aluminum 2 $195.00 $390.00 $424.13 Auray DUSM-1 Universal Shockmount for Camera Shoes and Boompoles 2 $28.95 $57.90 $62.97 Auray Professional Windshield for Shotgun Microphones (14cm) 2 $84.95 $169.90 $184.77 Portable lavalier set. Includes (1) SK 100 G4 bodypack, (1) 2 $599.00 $1,198.00 $1,302.83 Project designer 3 $1,800.00 $5,400.00 $5,872.50 Installer 10 $680.00 $6,800.00 $7,395.00 Integration Materials 1 $1,500.00 $1,500.00 $1,631.25 Studio 1 $3,595.00 $3,595.00 $3,909.56 5820 Tower Computer 80 $2,928.99 $234,319.20 $254,822.13 UltraSharp 27 4k USB-C Monitor U2720Q 80 $454.13 $36,330.40 $39,509.31 Total $368,217.16 $400,436.16 Page 183 of 271 Page 184 of 271