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HomeMy WebLinkAboutBatch 1 (complete)1 From:Brett Cross < > Sent:Monday, October 6, 2025 1:38 PM To:Stewart, Erica A Subject:Re: Termination of Contract Thank you. Brett On Sunday, October 5, 2025 at 09:47:03 PM PDT, Stewart, Erica A <estewart@slocity.org> wrote: Dear Brett, Thank you for sharing some of your concerns with the data and some good questions to ask. I have read your attorney’s correspondence and have spoken with Whitney. I plan to read Christine’s responses tomorrow to be as ready as possible for our closed session on Tuesday. Sincerely, Erica Erica A. Stewart pronouns she/her/hers Mayor To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of San Luis Obispo Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 E estewart@slocity.org C 805.540.1154 slocity.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Facebook To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Instagram To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Twitter Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Sunday, October 5, 2025 3:37 PM To: Stewart, Erica A <estewart@slocity.org> Subject: Termination of Contract Dear City Council members, I am writing to you about the sudden termination of my parking meter collection contract with the City, which had two years remaining. My attorney has sent formal correspondence to the City Attorney detailing the legal issues, and I hope you will review it before the Closed Session on Tuesday. I urge you to question the City Attorney about the significant financial and regulatory exposure the City now faces. My primary concern, however, is the misleading justification provided by City Staff in their report, "Staff Approach for Parking Meter Collection Services." The report is being used to support their decision to bring collections "in-house," but it contains significant financial discrepancies, operational flaws, and questionable data. 2 Here are the key points I ask you to consider: 1. Financial Discrepancies in the Staff Report  Claimed Savings are Unrealistic: The report claims a savings of approximately $61,000. However, it fails to account for the true costs of an in-house operation.  Inflated "Coin Bag" Savings: A claimed $3,000 savings from coin bags is grossly miscalculated. Based on current usage (16 bags/week at ~$1/bag), the actual annual cost is around $832, not $3,000.  Unaccounted Labor Costs: If the City were to hire a new employee to cover this work (a position that was reportedly requested but not approved), the cost would be an estimated $97,738. This would immediately erase the claimed savings and result in a net loss for the City. 2. Operational Flaws and Unrealistic Expectations  Overburdened Staff: The report claims the current Parking Meter Repair Worker can absorb my duties, which I estimate require at least 20 hours per week. This seems operationally unfeasible without compromising their primary repair responsibilities.  No Backup Coverage: With only one employee responsible for both repairs and collections, there is no plan for coverage during sick days, vacations, or training, creating a significant operational risk. 3. Flawed Data and Poor Future Planning  Inaccurate Consultant Data: The Parking Rate Study claims single-space meters can go 10 weeks without being collected. With 33 years of experience doing this job, I can tell you this is completely false. Many meters in high-traffic areas won't last a single week without filling up and jamming. The consultant never spoke with me—the person with the most direct knowledge—likely because staff intended to conceal their plans.  Hidden Costs of Meter Replacement: The plan to replace single-space meters with pay stations fails to include the significant cost of removing the existing meter poles. The last time the City did this, the low bid was over $150,000, and the project had serious issues.  Ignoring Public Preference: This plan also ignores public convenience. I speak with downtown business owners and visitors every day, and the overwhelming sentiment is a preference for the convenience of single-space meters over pay stations. The staff report appears to be a justification built on flawed data and incomplete financial analysis to support a predetermined decision. Before the Council accepts this plan, I urge you to ask staff for a true, fully-loaded cost analysis of this transition and to explain why the data in their report is so contradictory to decades of on- the-ground reality. Thank you for your time and consideration. Sincerely, Brett 1 From:Brett Cross < > Sent:Sunday, October 5, 2025 3:38 PM To:Stewart, Erica A Subject:Termination of Contract Dear City Council members, I am writing to you about the sudden termination of my parking meter collection contract with the City, which had two years remaining. My attorney has sent formal correspondence to the City Attorney detailing the legal issues, and I hope you will review it before the Closed Session on Tuesday. I urge you to question the City Attorney about the significant financial and regulatory exposure the City now faces. My primary concern, however, is the misleading justification provided by City Staff in their report, "Staff Approach for Parking Meter Collection Services." The report is being used to support their decision to bring collections "in-house," but it contains significant financial discrepancies, operational flaws, and questionable data. Here are the key points I ask you to consider: 1. Financial Discrepancies in the Staff Report  Claimed Savings are Unrealistic: The report claims a savings of approximately $61,000. However, it fails to account for the true costs of an in-house operation.  Inflated "Coin Bag" Savings: A claimed $3,000 savings from coin bags is grossly miscalculated. Based on current usage (16 bags/week at ~$1/bag), the actual annual cost is around $832, not $3,000.  Unaccounted Labor Costs: If the City were to hire a new employee to cover this work (a position that was reportedly requested but not approved), the cost would be an estimated $97,738. This would immediately erase the claimed savings and result in a net loss for the City. 2. Operational Flaws and Unrealistic Expectations  Overburdened Staff: The report claims the current Parking Meter Repair Worker can absorb my duties, which I estimate require at least 20 hours per week. This seems operationally unfeasible without compromising their primary repair responsibilities.  No Backup Coverage: With only one employee responsible for both repairs and collections, there is no plan for coverage during sick days, vacations, or training, creating a significant operational risk. 3. Flawed Data and Poor Future Planning  Inaccurate Consultant Data: The Parking Rate Study claims single-space meters can go 10 weeks without being collected. With 33 years of experience doing this job, I can tell you this is completely false. Many meters in high-traffic areas won't last a single week without filling up and jamming. The consultant never spoke with me—the person with the most direct knowledge—likely because staff intended to conceal their plans.  Hidden Costs of Meter Replacement: The plan to replace single-space meters with pay stations fails to include the significant cost of removing the existing meter poles. The last time the City did this, the low bid was over $150,000, and the project had serious issues. 2  Ignoring Public Preference: This plan also ignores public convenience. I speak with downtown business owners and visitors every day, and the overwhelming sentiment is a preference for the convenience of single-space meters over pay stations. The staff report appears to be a justification built on flawed data and incomplete financial analysis to support a predetermined decision. Before the Council accepts this plan, I urge you to ask staff for a true, fully-loaded cost analysis of this transition and to explain why the data in their report is so contradictory to decades of on-the- ground reality. Thank you for your time and consideration. Sincerely, Brett 1 From:Francis, Emily Sent:Sunday, October 5, 2025 3:56 PM To:Brett Cross Subject:Re: Termination of Contract Brett, Thank you for taking the time to provide additional information regarding your concerns. I appreciate your effort in sharing your perspective and bringing these points to our attention. Take care, Emily Emily Francis pronouns she/her/hers Council Member Office of the City Council 990 Palm, San Luis Obispo, CA 93401-3249 E EFrancis@slocity.org On Sun, Oct 5, 2025 at 3:38 PM, Brett Cross < > wrote: Dear City Council members, I am writing to you about the sudden termination of my parking meter collection contract with the City, which had two years remaining. My attorney has sent formal correspondence to the City Attorney detailing the legal issues, and I hope you will review it before the Closed Session on Tuesday. I urge you to question the City Attorney about the significant financial and regulatory exposure the City now faces. My primary concern, however, is the misleading justification provided by City Staff in their report, "Staff Approach for Parking Meter Collection Services." The report is being used to support their decision to bring collections "in-house," but it contains significant financial discrepancies, operational flaws, and questionable data. Here are the key points I ask you to consider: 1. Financial Discrepancies in the Staff Report  Claimed Savings are Unrealistic: The report claims a savings of approximately $61,000. However, it fails to account for the true costs of an in-house operation.  Inflated "Coin Bag" Savings: A claimed $3,000 savings from coin bags is grossly miscalculated. Based on current usage (16 bags/week at ~$1/bag), the actual annual cost is around $832, not $3,000.  Unaccounted Labor Costs: If the City were to hire a new employee to cover this work (a position that was reportedly requested but not approved), the cost would be an estimated $97,738. This would immediately erase the claimed savings and result in a net loss for the City. 2 2. Operational Flaws and Unrealistic Expectations  Overburdened Staff: The report claims the current Parking Meter Repair Worker can absorb my duties, which I estimate require at least 20 hours per week. This seems operationally unfeasible without compromising their primary repair responsibilities.  No Backup Coverage: With only one employee responsible for both repairs and collections, there is no plan for coverage during sick days, vacations, or training, creating a significant operational risk. 3. Flawed Data and Poor Future Planning  Inaccurate Consultant Data: The Parking Rate Study claims single-space meters can go 10 weeks without being collected. With 33 years of experience doing this job, I can tell you this is completely false. Many meters in high-traffic areas won't last a single week without filling up and jamming. The consultant never spoke with me—the person with the most direct knowledge—likely because staff intended to conceal their plans.  Hidden Costs of Meter Replacement: The plan to replace single-space meters with pay stations fails to include the significant cost of removing the existing meter poles. The last time the City did this, the low bid was over $150,000, and the project had serious issues.  Ignoring Public Preference: This plan also ignores public convenience. I speak with downtown business owners and visitors every day, and the overwhelming sentiment is a preference for the convenience of single-space meters over pay stations. The staff report appears to be a justification built on flawed data and incomplete financial analysis to support a predetermined decision. Before the Council accepts this plan, I urge you to ask staff for a true, fully-loaded cost analysis of this transition and to explain why the data in their report is so contradictory to decades of on-the- ground reality. Thank you for your time and consideration. Sincerely, Brett 1 From:Stewart, Erica A Sent:Sunday, October 5, 2025 9:47 PM To:Brett Cross Subject:Re: Termination of Contract Dear Brett, Thank you for sharing some of your concerns with the data and some good questions to ask. I have read your attorney’s correspondence and have spoken with Whitney. I plan to read Christine’s responses tomorrow to be as ready as possible for our closed session on Tuesday. Sincerely, Erica Erica A. Stewart pronouns she/her/hers Mayor To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of San Luis Obispo Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 E estewart@slocity.org C 805.540.1154 slocity.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Facebook To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Instagram To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Twitter Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Sunday, October 5, 2025 3:37 PM To: Stewart, Erica A <estewart@slocity.org> Subject: Termination of Contract Dear City Council members, I am writing to you about the sudden termination of my parking meter collection contract with the City, which had two years remaining. My attorney has sent formal correspondence to the City Attorney detailing the legal issues, and I hope you will review it before the Closed Session on Tuesday. I urge you to question the City Attorney about the significant financial and regulatory exposure the City now faces. My primary concern, however, is the misleading justification provided by City Staff in their report, "Staff Approach for Parking Meter Collection Services." The report is being used to support their decision to bring collections "in-house," but it contains significant financial discrepancies, operational flaws, and questionable data. Here are the key points I ask you to consider: 1. Financial Discrepancies in the Staff Report 2  Claimed Savings are Unrealistic: The report claims a savings of approximately $61,000. However, it fails to account for the true costs of an in-house operation.  Inflated "Coin Bag" Savings: A claimed $3,000 savings from coin bags is grossly miscalculated. Based on current usage (16 bags/week at ~$1/bag), the actual annual cost is around $832, not $3,000.  Unaccounted Labor Costs: If the City were to hire a new employee to cover this work (a position that was reportedly requested but not approved), the cost would be an estimated $97,738. This would immediately erase the claimed savings and result in a net loss for the City. 2. Operational Flaws and Unrealistic Expectations  Overburdened Staff: The report claims the current Parking Meter Repair Worker can absorb my duties, which I estimate require at least 20 hours per week. This seems operationally unfeasible without compromising their primary repair responsibilities.  No Backup Coverage: With only one employee responsible for both repairs and collections, there is no plan for coverage during sick days, vacations, or training, creating a significant operational risk. 3. Flawed Data and Poor Future Planning  Inaccurate Consultant Data: The Parking Rate Study claims single-space meters can go 10 weeks without being collected. With 33 years of experience doing this job, I can tell you this is completely false. Many meters in high-traffic areas won't last a single week without filling up and jamming. The consultant never spoke with me—the person with the most direct knowledge—likely because staff intended to conceal their plans.  Hidden Costs of Meter Replacement: The plan to replace single-space meters with pay stations fails to include the significant cost of removing the existing meter poles. The last time the City did this, the low bid was over $150,000, and the project had serious issues.  Ignoring Public Preference: This plan also ignores public convenience. I speak with downtown business owners and visitors every day, and the overwhelming sentiment is a preference for the convenience of single-space meters over pay stations. The staff report appears to be a justification built on flawed data and incomplete financial analysis to support a predetermined decision. Before the Council accepts this plan, I urge you to ask staff for a true, fully-loaded cost analysis of this transition and to explain why the data in their report is so contradictory to decades of on-the- ground reality. Thank you for your time and consideration. Sincerely, Brett 1 From:Brett Cross < > Sent:Sunday, October 5, 2025 3:31 PM To:Stewart, Erica A Subject:My personal thoughts about the contract termination Dear Members of the City Council, As some of you may know, I began collecting the City's parking meters nearly 33 years ago—now pay stations as well. That’s longer than most of you have lived here, I’d wager. Over those decades, I’ve witnessed countless changes in our downtown and community. Reflecting on the commitment I’ve shown to the City, I’m deeply disappointed by how the parking staff has chosen to act. I want to share a story—one of many—because I believe it’s important. Looking back, it feels almost absurd. My mother called to say my father wasn’t doing well. He was 85, weighed just 119 pounds, and was in end-stage kidney failure with congestive heart failure. When I arrived, he was unconscious on the couch. We debated whether to call an ambulance. He passed away there that morning. I laid him down gently, placed a pillow under his head, and called his lifelong friend to let him know his best friend had died. After the mortuary came to take my father, I went back to work. I picked up another route, worried the meters might overflow. I still ask myself: What was I thinking? Then, this past August, I was informed—on a Wednesday—that my contract would be terminated effective October 31st. I was thanked for “20 years of service,” even though I’ve been doing this job for over 30. That oversight alone speaks volumes. Lea rning later that this decision had been in the works for nearly a year, without any communication, is deeply troubling. The deceit I experienced—showing up to work daily while staff quietly planned to end my contract—should give you pause. Honesty, integrity, respect, and ethics are the foundation of any organization. The way this transition was handled by parking staff reflects a serious lapse in all four. According to the City Manager’s report, the decision to bring collections “in house” began in November of last year. One sentence in particular reveals the intent to keep this process secret: “FS Collections has not been involved in discussions about shifting this responsibility to City staff and is likely unaware of the City’s intent to make this operational change.” For nearly a year, City staff engaged in deliberate subterfuge. This behavior should not be acceptable to the City Council. I f not for the emails you were made aware of, you might never have known what was occurring. That begs the question: What else is be ing kept from you? I urge you to reflect on this—not just for me, but for the integrity of the City itself. Sincerely, Brett Cross SLO Native 1 From:Jan Marx < Sent:Thursday, October 2, 2025 6:20 AM To:Brett Cross; Marx, Jan Subject:Re: Contract Termination Notification Attachments:Scanned Copy - Notice to Terminate Services.pdf Thanks Brett. Please send this message to the whole council, not my personal email. I have to keep my personal and council email accounts separate. You also can make a public comment before our closed session on October 7. Best wishes Jan Sent from my iPhone On Oct 1, 2025, at 9:03 PM, Brett Cross < > wrote: Jan, I just read the City Council meeting agenda regarding the potential litigation from the City's termination of my contract. The notice says that the contract was terminated for "convenience" that is wholly inaccurate. The termination letter specifically says the contract is being terminated because we were on a month-to-month basis since 2020 completely ignoring the 2022 bid process which the City did not follow- see attorney letter for more detail. Staff is not presenting the information accurately. It should be noted that the "convenience" clause was the only issue that was not addressed in the complaint. Attached is a copy of the letter I received from Donna King. Pub lic Works 919 Palm Sheet. San tuis obispo CA93401'3218 805 78r 7200 August 18, 2025 Brett Cross FSC Collections 1 21 7 fVariners Cove San Luis Obispo, CA 93401 Subject: Termination Notice for Meter Collection Contract Servies To B rett Cross, Thank you for your 20 years of service to the City of San Luis Obispo. Due to changing technology and a decrease in cash payments, the City of San Luis Obispo has made the decision to transition to in-house parking meter collections and will no longer require a contractor to complete the work. The contract between City of San Luis Obispo and FS Collections dated October 22,2014, expired June 30,2020. On July 1 , 2020, the contract was informally extended on a month-to-month basis. This notice is the required notification to terminate the monthto-month agreement. Please confirm receipt of this notice and termination of the contract effective October 31, 2025. Thank you for providing services to the City of San Luis Obispo Sincerely, Donna King Parking Program Manager Public Works 1260 Chorro St, Ste B, San Luis Obispo, CA 93401 DKing@slocity.org glzqlr: iS la+kr ws ar^rl s \3na A art dl-t 'nftA lo b<-++ \^g 20tffiC-rou. on fu 1 From:King, Donna Sent:Monday, September 29, 2025 3:16 PM To:Brett Cross Cc:Dietrick, Christine; Claims Administrator Subject:RE: FS Collections Termination Notice Attachments:Scanned Copy - Notice to Terminate Services.pdf Hello Brett, A copy of the termination notice is attached. Donna King, PTMP Parking Program Manager Public Works 1260 Chorro St, Ste B, San Luis Obispo, CA 93401-3218 E DKing@slocity.org T 805.781.7234 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Wednesday, September 24, 2025 4:23 PM To: King, Donna <DKing@slocity.org> Subject: FS Collections Termination Notice Donna, I've misplaced the termination notice that you gave me. I put it somewhere where I wouldn't lose it and have done exactly that. Can you send me a copy via email. Thank you. Brett Cross Partner FS Collecitons Pub lic Works 919 Palm Sheet. San tuis obispo CA93401'3218 805 78r 7200 August 18, 2025 Brett Cross FSC Collections 1 21 7 fVariners Cove San Luis Obispo, CA 93401 Subject: Termination Notice for Meter Collection Contract Servies To B rett Cross, Thank you for your 20 years of service to the City of San Luis Obispo. Due to changing technology and a decrease in cash payments, the City of San Luis Obispo has made the decision to transition to in-house parking meter collections and will no longer require a contractor to complete the work. The contract between City of San Luis Obispo and FS Collections dated October 22,2014, expired June 30,2020. On July 1 , 2020, the contract was informally extended on a month-to-month basis. This notice is the required notification to terminate the monthto-month agreement. Please confirm receipt of this notice and termination of the contract effective October 31, 2025. Thank you for providing services to the City of San Luis Obispo Sincerely, Donna King Parking Program Manager Public Works 1260 Chorro St, Ste B, San Luis Obispo, CA 93401 DKing@slocity.org glzqlr: iS la+kr ws ar^rl s \3na A art dl-t 'nftA lo b<-++ \^g 20tffiC-rou. on fu 1 From:Brett Cross < > Sent:Tuesday, September 16, 2025 12:29 PM To:E-mail Council Website Subject:SUBJECT: RESPONSE TO GRAND JURY REPORT - ROUND AND ROUND WITH TOWN AND GOWN Dear Mayor and Council Members, I don't know if some of you are familiar with the concept of Radical Honesty that was coined by psychologist Brad Blanton in his best selling book by the same name in 1996. The premise is that practicing complete transparency frees individuals from self- imposed suffering caused by lies, half-truths, and social pretenses. Now, there are drawbacks, as I believe his children didn't speak to him for years. However, being honest in most cases is probably something that we should all strive for. Now having said that. I think it's time to tell the residents in the Alta Vista and lower Monterey Heights neighborhoods that there is no rescue mission coming to save them like in the movie "The Martian" starring Matt Damon and a few other folks. They are on their own. The City apparently isn't going to hire another code enforcement officer, even on a contract employee basis, to investigate the illegal (Yes, I said illegal. More on that later) satellite fraternity and sorority houses in the R-1 and R-2 zones. They are illegal because that use is not allowed in those zones. It's the definition of illegal- "Not according to or authorized by law". I don't think staff is recommending that Community Service Officers write citations for Party Noise violations. I don't think staff is recommending elimination of properties that are placed on the "Premise List" after some self-reported complete turnover in occupants. You might want to ask staff about San Diego's Community Assisted Party Program (CAPP) which aims to curb nuisance behavior at chronic party houses. And you're certainly not seeking legal means to compel Cal Poly to provide AB 524 addresses. The Campus- Recognized Sorority and Fraternity Transparency Act. So where does that leave residents in these neighborhoods? And don't think these issues, especially with illegal satellite fraternity and sorority houses isn't going to spread to other neighborhoods either. So let's talk a little about F3 in the staff report. "F3. The city has failed to effectively enforce municipal codes that prohibit fraternity and sorority activity in R-1/R-2 zones in part due to the difficulty in identifying houses that are hosting fraternity-type events, such as rush events and repeated parties. This inaction has resulted in an increase of illegal fraternities holding events in residential neighborhoods making these areas almost unlivable for most residents." There's a response about the word, "Illegal". I've already talked about that. But you know what isn't addressed? The last sentence. "This inaction has resulted in an increase of illegal fraternities holding events in residential neighborhoods making these areas almost unlivable for most residents." What are you, as the Mayor and Council members, going to do about the unlivability (I made that word up) for most residents in these areas? You focus on that and come up with solutions. Sincerely, Brett Cross San Luis Obispo 1 From:Colunga-Lopez, Andrea Sent:Tuesday, September 16, 2025 12:33 PM To:Brett Cross Cc:CityClerk Subject:RE: SUBJECT: RESPONSE TO GRAND JURY REPORT - ROUND AND ROUND WITH TOWN AND GOWN Hi Brett, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Deputy City Clerk I City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Tuesday, September 16, 2025 12:29 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: SUBJECT: RESPONSE TO GRAND JURY REPORT - ROUND AND ROUND WITH TOWN AND GOWN Dear Mayor and Council Members, I don't know if some of you are familiar with the concept of Radical Honesty that was coined by psychologist Brad Blanton in his best selling book by the same name in 1996. The premise is that practicing complete transparency frees individuals from self- imposed suffering caused by lies, half-truths, and social pretenses. Now, there are drawbacks, as I believe his children didn't speak to him for years. However, being honest in most cases is probably something that we should all strive for. Now having said that. I think it's time to tell the residents in the Alta Vista and lower Monterey Heights neighborhoods that there is no rescue mission coming to save them like in the movie "The Martian" starring Matt Damon and a few other folks. They are on their own. The City apparently isn't going to hire another code enforcement officer, even on a contract employee basis, to investigate the illegal (Yes, I said illegal. More on that later) satellite fraternity and sorority houses in the R-1 and R-2 zones. They are illegal because that use is not allowed in those zones. It's the definition of illegal- "Not according to or authorized by law". I don't think staff is recommending that Community Service Officers write citations for Party Noise violations. I don't think staff is recommending elimination of properties that are placed on the "Premise List" after some self-reported complete turnover in occupants. You might want to ask staff about San Diego's Community Assisted Party Program (CAPP) which aims to curb nuisance behavior at chronic party houses. 2 And you're certainly not seeking legal means to compel Cal Poly to provide AB 524 addresses. The Campus- Recognized Sorority and Fraternity Transparency Act. So where does that leave residents in these neighborhoods? And don't think these issues, especially with illegal satellite fraternity and sorority houses isn't going to spread to other neighborhoods either. So let's talk a little about F3 in the staff report. "F3. The city has failed to effectively enforce municipal codes that prohibit fraternity and sorority activity in R-1/R-2 zones in part due to the difficulty in identifying houses that are hosting fraternity-type events, such as rush events and repeated parties. This inaction has resulted in an increase of illegal fraternities holding events in residential neighborhoods making these areas almost unlivable for most residents." There's a response about the word, "Illegal". I've already talked about that. But you know what isn't addressed? The last sentence. "This inaction has resulted in an increase of illegal fraternities holding events in residential neighborhoods making these areas almost unlivable for most residents." What are you, as the Mayor and Council members, going to do about the unlivability (I made that word up) for most residents in these areas? You focus on that and come up with solutions. Sincerely, Brett Cross San Luis Obispo 1 From:Brett Cross < > Sent:Friday, September 5, 2025 7:12 PM To:Marx, Jan Subject:Re: Contract Termination of FS Collections Thank you. The bidding process and rejection of bids can be found in The was no bid rejection hearing in California Code, Public Contract Code - PCC § 21501 The City did not follow the provisions of the code California Code, Public Contract Code - PCC § 22038 Current as of January 01, 2024 | Updated by FindLaw Staff (a) In its discretion, the public agency may reject any bids presented, if the agency, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the agency's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the agency intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the public agency shall have the option of either of the following: (1) Abandoning the project or readvertising for bids in the manner described by this article. (2) By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the public agency, may have the project done by force account without further complying with this article. (b) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the public agency may accept the one it chooses. (c) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract without further complying with this article. On Friday, September 5, 2025 at 12:00:55 PM PDT, Marx, Jan <jmarx@slocity.org> wrote: Hello Brett, Here are the documents produced by city staff. Jan 2 From: King, Donna <DKing@slocity.org> Sent: Friday, September 5, 2025 10:33 AM To: Rice, Jennifer <jrice@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Cc: Floyd, Aaron <afloyd@slocity.org> Subject: RE: Contract Termination of FS Collections BCC: SLO City Council Thank you all for reviewing the background information for FS Collections. I have included all the attachments for the original document Jennifer shared as well as the RFP that was published in 2022 and the proposal response from FS Collections. Please let me know if I missed anything or you need any additional information. Thank you, Donna King, PTMP Parking Program Manager Public Works 1260 Chorro St, Ste B, San Luis Obispo, CA 93401-3218 E DKing@slocity.org T 805.781.7234 slocity.org Stay connected with the City by signing up for e-notifications From: Rice, Jennifer <jrice@slocity.org> Sent: Thursday, September 4, 2025 7:08 PM Cc: Floyd, Aaron <afloyd@slocity.org>; King, Donna <DKing@slocity.org> Subject: Contract Termination of FS Collections BCC: SLO City Council Hello City Council Members, 3 I wanted to provide additional background regarding the recent contract termination notice issued to FS Collections (where Brett Cross is an employee). In November 2024, the City’s Technology Roadmap recommended evaluating the option of bringing parking meter coin collection in-house. The analysis showed that both single-space meters and multi-space pay stations fill with coins very slowly nowadays due to the prevalence of credit cards, meaning contracted coin collection schedules are not aligned with actual need. The current contract with FS Collections also charges a flat fee regardless of the amount collected, making it inefficient as cash payments decline. On August 1, 2025 staff’s recommendation was approved to bring coin-collection in-house as part of the Parking Meter Technician job duties. FS Collections has provided coin collection services since 2005. The most recent formal agreement expired in June 2020, after which services continued on a month-to-month basis. Although an RFP was issued in 2022, it was never awarded due to staffing transitions. Since then, staff evaluated the service model and recommended shifting collections in-house. This transition aligns with budget reduction strategies as this change is expected to save approximately $61,500 per year. On August 1, 2025, staff was authorized to issue a 60-day termination notice to FS Collections, effective October 31, 2025. The reason for termination is solely the City’s decision to transition the work in-house as a cost savings measure. A 60-day notice was issued to FS Collections, rather than the required 30-day notice due to the longevity of the services provided. It should be noted that the steps outlined in the approved City Manager Report (attached) regarding the responsibility of Parking and Human Resources staff to update the Parking Meter Technician job description and fulfill meet and confer obligations with SLOCEA were completed as part of this action. On August 19, Donna King met with Brett Cross in person to provide the notice and thank him for his contributions. On August 21, Brett emailed staff including the City Attorney’s Office expressing his belief that he was in the third year of a five-year agreement from the 2022 RFP. Neither Donna King nor myself were in the Mobility Division during this time in 2022 and we have been unable to find any records of the communications during that time. However, on September 3, the City Attorney’s Office responded to this issue and concluded that staff acted appropriately in issuing the notice of termination, given the expiration of the agreement. More information is included in the attached dated August 1, 2025. Please reach out to me with any questions you may have. Sincerely, 4 Jennifer Rice, PTP, AICP pronouns she/her/hers Deputy Director of Mobility Services Public Works Mobility Services 1260 Chorro, San Luis Obispo, CA 93401-3218 E jrice@slocity.org T 805.781.7058 slocity.org Stay connected with the City by signing up for e-notifications 1 From:Marx, Jan Sent:Friday, September 5, 2025 12:00 PM To:Brett Cross Subject:FW: Contract Termination of FS Collections Attachments:E - Extension Dated July 2020.pdf; A - Revised Meter Repair Worker Job Description.pdf; B - Agreement Dated Oct 2014.pdf; C - Draft Notice to Terminate Services.docx; D - Extension Dated March 2018.pdf; RFP Coin Collection.pdf; FS Collections Proposal combined.pdf; 8.1.25 - Staff Approach for Parking Meter Collection Services.pdf Hello Brett, Here are the documents produced by city staff. Jan From: King, Donna <DKing@slocity.org> Sent: Friday, September 5, 2025 10:33 AM To: Rice, Jennifer <jrice@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Cc: Floyd, Aaron <afloyd@slocity.org> Subject: RE: Contract Termination of FS Collections BCC: SLO City Council Thank you all for reviewing the background information for FS Collections. I have included all the attachments for the original document Jennifer shared as well as the RFP that was published in 2022 and the proposal response from FS Collections. Please let me know if I missed anything or you need any additional information. Thank you, Donna King, PTMP Parking Program Manager Public Works 1260 Chorro St, Ste B, San Luis Obispo, CA 93401-3218 E DKing@slocity.org T 805.781.7234 slocity.org Stay connected with the City by signing up for e-notifications From: Rice, Jennifer <jrice@slocity.org> Sent: Thursday, September 4, 2025 7:08 PM Cc: Floyd, Aaron <afloyd@slocity.org>; King, Donna <DKing@slocity.org> Subject: Contract Termination of FS Collections BCC: SLO City Council Hello City Council Members, 2 I wanted to provide additional background regarding the recent contract termination notice issued to FS Collections (where Brett Cross is an employee). In November 2024, the City’s Technology Roadmap recommended evaluating the option of bringing parking meter coin collection in-house. The analysis showed that both single-space meters and multi-space pay stations fill with coins very slowly nowadays due to the prevalence of credit cards, meaning contracted coin collection schedules are not aligned with actual need. The current contract with FS Collections also charges a flat fee regardless of the amount collected, making it inefficient as cash payments decline. On August 1, 2025 staff’s recommendation was approved to bring coin-collection in-house as part of the Parking Meter Technician job duties. FS Collections has provided coin collection services since 2005. The most recent formal agreement expired in June 2020, after which services continued on a month-to-month basis. Although an RFP was issued in 2022, it was never awarded due to staffing transitions. Since then, staff evaluated the service model and recommended shifting collections in-house. This transition aligns with budget reduction strategies as this change is expected to save approximately $61,500 per year. On August 1, 2025, staff was authorized to issue a 60-day termination notice to FS Collections, effective October 31, 2025. The reason for termination is solely the City’s decision to transition the work in-house as a cost savings measure. A 60-day notice was issued to FS Collections, rather than the required 30-day notice due to the longevity of the services provided. It should be noted that the steps outlined in the approved City Manager Report (attached) regarding the responsibility of Parking and Human Resources staff to update the Parking Meter Technician job description and fulfill meet and confer obligations with SLOCEA were completed as part of this action. On August 19, Donna King met with Brett Cross in person to provide the notice and thank him for his contributions. On August 21, Brett emailed staff including the City Attorney’s Office expressing his belief that he was in the third year of a five-year agreement from the 2022 RFP. Neither Donna King nor myself were in the Mobility Division during this time in 2022 and we have been unable to find any records of the communications during that time. However, on September 3, the City Attorney’s Office responded to this issue and concluded that staff acted appropriately in issuing the notice of termination, given the expiration of the agreement. More information is included in the attached dated August 1, 2025. Please reach out to me with any questions you may have. Sincerely, Jennifer Rice, PTP, AICP pronouns she/her/hers Deputy Director of Mobility Services Public Works Mobility Services 1260 Chorro, San Luis Obispo, CA 93401-3218 E jrice@slocity.org T 805.781.7058 slocity.org Stay connected with the City by signing up for e-notifications City of San Luis Obispo, City Manager Report Fully approved in Escribe on 8.1.25 Title: Staff Approach for Parking Meter Collection Services FROM: Aaron Floyd, Utilities Director, Interim Public Works Director Prepared By: Donna King, Parking Program Manager Other Reviewers or Contributors: Approver Date Reviewed PW Deputy Director – Mobility Services 7/9/2025 PW Analyst 7/10/2025 CMR Type and Workflow 3 - Staffing Modifications : CM Approval with HR: See Table 1 here for details. You will select the above workflow when you initiate the report routing. RECOMMENDATION 1. Authorize staff to update the Parking Meter Repair Worker job description to include duties related to meter coin collection. 2. Authorize the Parking Program Manager to provide 60-day notice to terminate coin collection contract services with FS Collections. POLICY CONTEXT California Vehicle Code (CVC) § 22508 requires that local authorities accept physical payment at parking meters and pay stations – essentially requiring the acceptance of cash or coin. As such, collection procedures must be established to manage the collection of cash/coin. The 2024 Parking Rate Study includes the Technology Recommendation to replace the single-space meters at the 10-hour on-street spaces to maintain continuity for the paid parking experience. Further recommended in the 2024 Downtown Parking Technology Roadmap Report, “since most of the 10-hour on-street spaces are generally occupied by permit holders who do not use the single-space meters, installing pay stations instead will introduce cost savings on single-space meter fees.” In addition, the Technology Roadmap Report recommends, “that the City conducts an additional assessment to re-evaluate the current operating procedures [for revenue collection] to build more efficient revenue collection and reconciliation process”. Goal 2.B.2. of the Access and Parking Management Plan recommends reducing the number of 10-hour parking meter spaces and converting them to short-term parking spaces to increase turnover of parking spaces and usage of the parking garages consistent with the Downtown Concept Plan. As this recommendation is implemented, it is planned to continue to replace single space meters with multi-space pay stations. Staff Approach for Parking Meter Collection Services Page 2 Section 12.A. (Contracting for Services) of the Fiscal Policies included in the 2025-27 Financial Plan states that “in evaluating the costs of private sector contracts compared with in‐house performance of the service, indirect, direct, and contract administration costs of the City will be identified and considered.” Evaluations of these costs as they pertain to managing and operating in-house coin collection are included within this report. Per the Employer-Employee Relations Resolution of the City of San Luis Obispo (Resolution No. 6620), the City has a responsibility to meet and confer with represented groups when there are impacts to wages, hours, and/or terms and conditions of employment for their members. The Parking Meter Repair Worker is represented by the San Luis Obispo City Employees’ Association (SLOCEA). Updating this job description will prompt a meet and confer. The City Manager executed the most recent contract with FS Collections October 22, 2014. Although there is no formal contract in place currently, staff is requesting City Manager authorization for the Parking Program Manager to issue a 60-day written notice to formally terminate services with FS Collections. DISCUSSION Background Since the start of the City’s paid parking program, coin collection for on-street parking meters has been handled by a contracted vendor. At that time, Downtown was equipped with single-space meters that only accepted coins. Over the past decade, the City has modernized its parking system to support additional payment options. This includes upgrading single-space meters to accept credit cards, replacing many of them with multi- space pay stations, and offering payment through mobile apps. As a result, the use of cash has declined significantly. Currently, only about 8% of all parking transactions are made using cash or coins. As single-space meters continue to be replaced with multi-space pay stations—aligning with the recommendations of the Access and Parking Management Plan, the 2024 Parking Rate Study, the 2024 Downtown Parking Technology Roadmap, and the 2025–27 Financial Plan—staff expects the use of cash and coins to decline even further. In November 2024, the Technology Roadmap included a recommendation to evaluate the option of bringing coin collection in-house. After working closely with Dixon Resources Unlimited, the consultant who developed the roadmap, they recommended that the City revise the Parking Meter Repair Worker job description to include coin collection responsibilities. This recommendation was based on several key considerations. First, staff analyzed all meter coin revenue collected in 2024 and the first quarter of 2025. On average, each of the 635 single-space meters collected about $6 in coins per week, and each meter has a capacity of approximately $60. For the 65 multi-space pay stations, the average weekly Staff Approach for Parking Meter Collection Services Page 3 coin revenue was about $20, with each station able to hold around $250 in coins. Based on these figures, it would take roughly 10 weeks for a single-space meter to reach full capacity and about 12 weeks for a pay station to do the same. Second, the current contract charges a flat fee based on how often collections occur, not on the amount of coin collected. As a result, even as cash payments decrease, the City continues to pay the same rate for the service. Bringing this function in-house would give the City greater control over collections, improve efficiency, and create the opportunity to address equipment maintenance during collections, something that is not typically included in contracted coin collection services. During early planning for the 2025–27 Financial Plan, staff considered submitting a Significant Operating Budget Change (SOBC) request for an additional Parking Meter Repair Worker position that would formally include these duties. While the SOBC was not ultimately recommended, staff continued to explore whether existing staff could take on the work by updating the job description. Doing so would provide both operational improvements and cost savings for the Parking Program. To move forward with this change, two actions need to be taken: update the Parking Meter Repair Worker job description and terminate the existing vendor contract for coin collection services. Staffing Changes: Meter Repair Worker Job Description Update The Meter Repair Worker is a position in the Public Works Department and is represented by SLOCEA. It is currently filled with a single full-time employee. The proposed updates to the job description (Attachment A) include the following: Job Summary (addition to summary description) • Expected to be 25% of work activity until all single space meters are replaced and then reduced to less than 10% of work activity. • Perform field collection of cash parking payments and transport to secure location. Example of duties (addition to duties) • Collect cash parking payments from a parking meter following a specific process. • Transport collected payments in a secure manner to a City facility. • Follow identified routes for collections, maintaining the designated schedule. • Maintain a high level of safety and security during collection activity. • Follow all City policies and procedures for collections, key control, security, safety, and storage. Before a final offer is issued the following is required (addition to requirements) • City to complete a criminal background check Staff Approach for Parking Meter Collection Services Page 4 Minor clerical/descriptive edits are also included consistent with other City job descriptions. The recommended edits to the job description do not have any implications to the job class or compensation. As mentioned above, coin collection is expected to make up about 25% of the Parking Meter Repair Worker’s responsibilities, and that amount will drop to less than 10% once all single-space meters are replaced. All single-space meters are scheduled to be replaced by the end of 2027. To evaluate the impact of adding this duty, staff reviewed the Parking Meter Repair Worker’s current workload. Staff do not anticipate any negative impacts from bringing coin collection in-house for several key reasons. First, the new technology being implemented, such as upgraded garage gate systems and modern pay stations, requires significantly less maintenance. These systems also have built-in alerts that notify staff of mechanical or technical issues, as well as when cash boxes are nearing capacity. This allows collections to be scheduled during routine inspections and maintenance, improving efficiency and reducing costs. Second, some of the responsibilities of the Parking Meter Repair Worker overlap with those of the Parking Maintenance Worker. If the job description is updated as proposed, staff can adjust and redistribute duties to better align with current operational needs. This will make room for the added coin collection tasks without requiring any additional job description changes or having negative impacts to the incumbents workload. Finally, as the City continues phasing out single-space meters, the overall need for coin collection will continue to decline, further minimizing the long-term impact on staff workload. The Public Works and Human Resources Departments have been collaborating on this item since December 2024 in preparation for the previously mentioned potential SOBC. If the City Manager approves the current recommendation, Parking and HR staff will initiate a meet and confer process with SLOCEA to address the impacts of the change in duties and any related workload concerns. Once the City has fulfilled its meet and confer obligations, the changes will be implemented. During initial conversations with existing affected staff, including the current incumbent in the Parking Meter Repair Worker position and the Maintenance Worker positions, there is support for this change. It is intended that the updated job duties would be in effect following necessary conferring with SLOCEA and sufficient notice provided to the existing staff. FS Collections Contract Termination The City’s current vendor for parking meter coin collection, FS Collections, has been providing services since 2005. In 2014, the City issued a Request for Proposals (RFP) for coin collection services, which led to another agreement with FS Collections that was signed on October 22, 2014 (Attachment B). The agreement was extended as allowed under its original terms and ultimately expired in June 2020. Since then, FS Collections has continued providing services on a month-to-month basis without a formal contract. Initially, staff planned to enter into a new agreement following the release of a Request for Proposals (RFP). However, due to staff turnover within the Parking Program, although an RFP was issued in September 2022, it was not awarded. Staff Approach for Parking Meter Collection Services Page 5 Since that time, staff have been reviewing overall parking operations and assessing whether coin collection should continue to be outsourced or brought in-house. Based on this evaluation, staff now recommends shifting to an internal model for coin collection. Although there is no current contract in place, staff recommends that the City Manager authorize the Parking Program Manager to issue a 60-day written notice to FS Collections to formally terminate services once the job description update is completed (see draft notice as Attachment C). The reason for termination is solely the City’s decision to transition the work in-house. Staff recommend providing 60-day notice rather than the required 30-day notice due to the longevity of the services provided by FS Collections. FS Collections has not been involved in discussions about shifting this responsibility to City staff and is likely unaware of the City’s intent to make this operational change. Next Steps Following City Manager approval of the updated job description, Parking and HR staff will fulfill meet and confer obligations with SLOCEA. Additionally, the Parking Program Manager will give formal notice to FS Collections terminating the contract services for coin collection. CONCURRENCES The Human Resources Department has reviewed and concurs with this recommendation. PRIOR ACTION October 2014 – Following a public Request for Proposals process, the City entered into an Agreement with FS Collections October 22, 2024, for parking meter coin collection services with a contract term until June 30, 2018, with an option to extend until June 30, 2020. March 2018 – Parking Program Manager issued a letter to FS Collection extending the service term to June 30, 2020. (Attachment D) July 2020 – Parking Program Manager issued a letter to FS Collection extending services on a month-to-month basis, effective July 1, 2020. This appears to have been an informal action taken by the manager at the time, with no record of formal approval by the City Manager or City Council. As a result, the vendor is currently providing services without an active contract, but operations continue under the terms outlined in the original October 2014 agreement. (Attachment E) February 2023 – Council approved the Access and Parking Management Plan establishing 35 new strategies that align with the City’s Downtown Concept Plan, Active Transportation Plan, and Mobility Specific Plan. Staff Approach for Parking Meter Collection Services Page 6 May 2024 – Council approved the Parking Rate Study which resulted in reduced parking rates and implementation of technology recommendations including converting single- space meters to multi-space pay stations. November 2024 – Council approved the Downtown Parking Technology Roadmap report and approved updates to the downtown parking technology including converting single- space meters to multi-space pay stations. FISCAL IMPACT Was this reviewed and approved by the department fiscal officer? Yes ☒ No ☐ Is there an ongoing fiscal impact to the recommendation or request (direct or indirect)? Yes ☒ No ☐ Staff have carefully reviewed the direct, indirect, and administrative impacts of bringing coin collection in-house and are confident this change will reduce overall operating costs for the Parking Fund, with an estimated annual savings of $61,500. Currently, the Parking Fund allocates $63,000 annually for coin collection operations. This includes $60,000 for contracted services with FS Collections and approximately $3,000 for equipment and supplies provided to the vendor—primarily coin bags. Since in-house collections would occur less frequently, fewer coin bags would be needed, further reducing supply costs. Administrative responsibilities related to meter collections will remain unchanged. By transitioning to in-house collection, staff estimate an annual operating cost of just $1,500, resulting in net savings of approximately $61,500 per year. ALTERNATIVES 1. The City Manager could decide not to approve the update to the Parking Meter Repair Worker job description, essentially continuing the reliance on contract services for coin collection. The current coin collection contract has expired, and issuing a new Request for Proposals (RFP) would be required to establish a new agreement. Depending on the bids received, a new contract could increase the Parking Program’s operating costs. It is standard industry practice for vendors to charge based on time spent collecting, rather than the amount of revenue collected. However, with the ongoing decline and variability in cash payments, it would be challenging to define a consistent and accurate collection schedule for a long-term contract. If the City continues to contract out these services, the agreement would likely require frequent amendments to adjust for fluctuating collection needs. 2. The City Manager could require longer notice prior to termination of the existing month-to-month agreement. The current coin collection contract has expired and the cost of continuing the contract is approximately $5,000 per month. Staff Approach for Parking Meter Collection Services Page 7 ATTACHMENTS A. Revised Meter Repair Worker Job Description B. FS Collections Agreement Dated October 22, 2014 C. Draft Notice to Terminate Services with FS Collections D. March 2018 letter to FS Collection extending the service term to June 30, 2020 E. July 2020 letter to FS Collection extending services on a month-to-month basis, effective July 1, 2020 Parking Meter Coin Collections Services City of San Luis Obispo Bid ID: 2209-001 FS Collections 1217 Mariners Cove San Luis Obispo, CA 93405 805-235-0430 On behalf of John Girard and myself as partners in FS Collections we appreciate the opportunity to again submit a bid to the City of San Luis Obispo for the Parking Meter Coin Collection contract. Both John and I have provided parking meter coin collection services for the city for about the past 25 years. A lot has changed over those years. Lot 6 which was the Court St. lot was developed as a major retail project as were Lots 11 and 13. Lot 2 is now a hotel. I think the City may have still be using the old “wind up” meters. With the new pay stations and license plate reader vehicles plus the proposed new IPS M5 meters the city has come a long way from the days of the wind up meters. As the city has adapted so have our collection schedules, routes and frequencies. With the addition of the pay stations routes B and G were eliminated and combined with existing routes. The change in rates and hours of enforcement has changed the need for additional collections in some areas that were collected once a week to twice per week to avoid meters jamming do to filling up. It will be interesting to see what changes to collection frequencies may be necessary with the next rate increase. It’s important to have a contractor in place that can recognize necessary changes and the flexibility to do so. Before I get too far along with discussing the specific bid proposal, especially the schedule and frequency, John and I want to share more of our commitment not only to providing a high level of service to city’s parking department but a high level of service to the community Both John and I are lifelong residents of San Luis Obispo. John grew up on Verde Dr and had a home on Benton Way in San Luis Obispo. He now lives out on Tiffany Ranch Rd. I grew up in the Laguna Lake neighborhood where I still live. We are both proud and lucky to make San Luis Obispo our home and I believe that is reflected in our role as ambassadors for the City when we are out in public collecting the meters or the pay stations. We do our best to provide tourists and residents alike with parking information, directions to points of interest (the Mission and Gum Alley are pretty high on the list), where’s the best place for breakfast, and “how do you do the pay station”. John and I are also concerned about our downtown and we both are in the habit of picking up litter and reporting any graffiti on the meters along with other issues that need attention while we are out collecting meters or pay stations. A little discussion about the pay stations and why I’m guessing you may be wonder why is it more to collect those and do they really need to be collected twice a week. The simple answer is they take a lot longer and have ‘issues” that really necessitates them being collected twice a week. Plus I should mention that users quite frequently need help using the machines. I like to say we’ve become like concierge service too. It can take some time to help the public enter their license plate and help them get their credit card read. The Pay Stations are “clunky” and they are spread out all over the downtown and basically they take a long time to collect. The average time to consider for each collection is 5 minutes per station. It doesn’t always take that long but with 3 locks and coins jamming in the chute that leads to the coin box along with coins that somehow spill outside the coin box it can take a long time to collect each one if you have to unjam the Pay Station or scoop out the coins that are piled up inside. And it’s those jams in the coin chute leading to the coin box and the tendency for the coins to spill out into the bottom of the pay station that makes it important to get to them twice per week. If you reduce the frequency you’ll invariably see many stations that are not accepting coins because they are jammed. That will create additional maintenance call outs along with a frustrated public. The meter collection schedule and frequency is currently what is being done. It’s the minimum necessary to keep the meters from filling up and becoming jammed and inoperable. The increase in hours of payment from 9AM-6PM to 9AM-9PM really changed the pattern of meter usage. Some 10 hour meters near the core which would have only been collected once a week now have to be done twice a week or will fill up. That’s why in the proposal you’ll see references “High Use”. Some of those are 10 hour meters which are collected twice now. It will be interesting to see what if any changes need to be made with the new IPS M5 meters which take credit cards along with a substantial rate increase in 2023. John and I look forward to a continued relationship with the City’s Parking Department as the Parking Meter and Pay Station Collections contractor. Sincerely, Brett Cross Partner FS Collections ‘ Parking Meter and Parking Payment Center Coin Collections Services FS Collections 1217 Mariners Cove San Luis Obispo, CA 93405 805-235-0430 Proposed Collection Schedule Mondays Tuesday’s Wednesday’s Thursday’s Pay Stations 55 Zone E 52 Zone C 151 Pay Stations 55 Zone H Meters 58 Zone F 115 Zone A 52 Zone H Meters 58 Zone E (High Use) 101 Lot 9 19 Zone E (High Use) 55 Lot 4 10 Lot 14 44 Zone F (High Use) 61 Zone F (High Use) 92 Lot 15 6 Lot 4 4 Total Pay Stations Total Pay Stations 55 55 Total Meters Total Meters Total Meters Total Meters 261 236 203 178 Weekly Totals Pay Stations 110 On Street Meters 878 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection Services The City of San Luis Obispo is requesting sealed proposals for Parking Meter and Parking Payment Center Coin Collection Services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before October 5, 2022, when they will be opened electronically via BidSync. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Gavin Hussey, with any questions. For technical help with BidSync please contact BidSync tech support at 800-990-9339. TABLE OF CONTENTS A. Scope of Work .......................................................................................................................................... 1 B. Budget………………………………………………………………………………………………………………………………………………..4 C. General Terms and Conditions…………………………………………………………………………………………………………….4 D. Special Terms……………………………………………………………………………………………………………………………………..6 E. Proposal Content………………………………………………………………………………………………………………………………..8 F. Insurance………………………………………………………………………………………………………………………………………….12 G. Proposal Submittal Form………………………………………………………………………………………………………………….14 Exhibit A - Form of Agreement 1 A. SCOPE OF WORK The City is requesting proposals for parking meter collection services located on streets and in parking lots. 1. Collection Procedure. In performing this work, the collection contractor shall adhere to the following procedure: a. Meter and payment center collections begin at the Parking Services Office located at 1260 Chorro Street, Suite B, San Luis Obispo. b. Contractor will pick up the keys required to open the meters and payment centers to be collected that day. c. Contract will sign for receipt of the keys picked up. d. Contractor will pick up the appropriate cart and collection canister required for the street zone(s) and/or parking lot(s) to be collected. (The collection canisters may be different; some zones/lots may have sealed or open coin cans.) e. Contractor will begin the walking route for the appropriate street zone or parking lot to be collected. f. For each parking meter or payment center to be collected, Contractor will adhere to the following procedure: 1) Unlock and open the coin can compartment or vault. 2) Remove the coin can and empty it into the collection canister. 3) Replace the coin can in its compartment or vault. 4) Lock the coin can compartment or vault. 5) If observable meter or payment center repairs are required, record them on a parking meter repair form. 6) Note any vandalism or theft on a parking meter repair form. g. Contractor will return to the Parking Services Office when the zone and/or lot collection is completed. h. Contractor will remove the collection canister from the collection cart in the presence of a City employee. i. Contractor will record the date, time, location, initials and the number of bags to be filled on a collection slip. Contractor will attach the collection slip to the collection canister and move the canister to the designated storage area in the presence of a City employee. j. Go back to Step d. if continuing collections. k. When all scheduled meter collections have been completed for the day, Contractor will unlock all collection canisters in the presence of a City employee. l. Contractor will remove the collection bags from inside the collection canisters and place the coin into sealable coin bags labeled with the appropriate zone and/or lot number. This procedure is done in the weighing/collection room with a City employee monitoring and sealing the coin bags. Contractor will place an empty collection bag into each collection canister and lock the canister in the presence of the City employee. m. The City employee shall complete a receipt of uncounted sealed coin bags on a form furnished by Garda. n. Contractor shall place all sealed coin bags inside the City’s safe in the presence of the City employee. o. Contractor shall return the keys required for the meters and payment centers collected that day. p. A City employee shall sign for receipt of the returned keys in a logbook maintained by the City. q. Contractor will turn in meter repair forms to the meter repair shop. 2 2. Collection Schedule. Parking meters and payment centers to be collected are organized into street zones and parking lots, which are shown on the map at the end of this section. The Contractor shall perform the specified work according to the following schedule. The City may change this schedule at any time but shall give the Contractor at least seven calendar days’ notice of the change. The Contractor shall not deviate from this schedule without prior written permission from the City. The Contractor sha ll not perform the specified work on any holiday observed by the City without prior written permission from the City. Note: The number of collections is only an estimate and is subject to change. Mondays Tuesdays Wednesdays Thursdays Fridays Zone D Upper Zone A Zone B Zone C Zone D Lower Zone G Zone E Zone G Zone D Upper Zone G Zone B Zone H Zone F Zone Part B Lot 2 Zone D Lower Lot 9 Zone Part H Lot 4 Lot 14 Lot 3 Lot 2 Lot 10 Lot 11 Lot 15 Lot 4 Lot 3 Lot 10 Lot 11 (±439 Collections) (±499 Collections) (±469 Collections) (±433 Collections) (±450 Collections) Donation Meters (7±) ** **Donation Meters. In an effort to redirect money given to panhandlers, these recycled parking meters encourage Downtown patrons to give to local programs that are working to improve conditions for those in need. United Way of San Luis Obispo County is the fiscal agent for downtown donatio n meters in partnership with the City of San Luis Obispo and the San Luis Obispo Downtown Association. These 7 donation meters may be collected by Contractor while servicing the City meters without an additional cost or Contractor will submit a separate invoice to the United Way San Luis Obispo for their time based on the same fee schedule as that used in setting the fees for the other meter collections. The money collected will be bagged separately from the City’s collections and picked up by the United Way of San Luis Obispo. 3. Collection Hours. The Contractor shall perform the specified work only on weekdays (Monday through Friday). Suggested start time for collection is 8:00 a.m. and will continue until the collections scheduled for that day are completed. Collections must be completed for the assigned day and the coin bagged no later than 4:00 p.m. The collection/bagging room is not available between the hours of noon – 1:30 p.m. for bagging of coin. Coin bagging is subject to the availability of staff. Due to various meetings and or special events, the collection and/or bagging of coin may have to be postponed and/or rescheduled. Contractor will be given advance notice whenever possible of any schedule changes. Contractor may have additional zones/lots to collect in addition to the regularly scheduled collections due to office closures and other circumstances. These additional collections must be made and bagged no later than 4:00 p.m. the same day as collected. No changes to the regular collection hours will be made by the Contractor without prior written permission from the City. 4. Collection Equipment. The City shall furnish two collection carts, eight lockable collection canisters, and one coin bag holder. The Contractor shall be responsible for any periodic maintenance required on this equipment and for any routine repair to the equipment that costs less than one hundred dollars ($100). 3 City will maintain tires, tubes and canning mechanisms. The City shall provide locks and keys fo r the collection canisters. 5. Qualifications of Collection Workers. Contractor will provide a list of collection workers for approval by the City on the proposal form. Contractor will inform the City of any changes in collection workers prior to their start of work. Collection workers shall be competent and qualified to perform the specified work. Collection workers will have worked in a cash handling environment. No collection worker shall perform any of the specified work without (a) passing a background security check conducted by the City; (b) a credit check conducted by the City; and (c) receiving written permission from the City to perform the specified work. Each collection worker shall be able to comfortably lift a collection canister weighing up to 140 pounds. A cash bond of ten thousand dollars ($10,000) will be required for the contract. All collection workers shall meet all of the contract qualifications and requirements. 6. Conduct of Collection Workers. Collection workers shall perform the specified work in an orderly manner and shall avoid even the appearance of impropriety in any form. If the City representative advises the Contractor that a collection worker is incompetent, unqualified, or disorderly, the Contractor shall remove that collection worker from the specified work for the duration of the agreement. While performing the specified work, a collection worker shall not bring to the work locations any pets, any children, or any persons not employed under the agreement. Contractor and collection workers are not authorized to discuss confidential information that is learned in the course and scope of the performance of this contract with private third parties or the press without prior written authorization of the City. 7. Uniforms for Collection Workers. While performing the specified work collection workers shall wear simple but distinctive uniforms which have been approved in advance by the City and which shall clearly identify the collection workers as representatives of the City. Uniforms shall be neat, clean and kept in good appearance at all times. The City shall furnish official City of San Luis Obispo uniform patches that must be affixed to the uniforms. The Contractor shall furnish all required uniforms, footwear, headgear, jackets, or inclement weather gear. 8. Providing for Vacations, Illnesses, or Other Absences of Collection Workers. The Contractor shall maintain a staff of at least two (2) fully qualified collection workers in order to continue performing the specified work when a collection worker takes time off for vacation, illness, or other absence. The Contractor shall list at least two proposed collection workers on the proposal form. 9. Responsibility for Loss or Damage of City Property. The Contractor shall be responsible for City property while it is in the Contractor’s custody. The Contractor shall replace or repair City property, including specifically coin revenue and collection equipment, lost or damaged as a result of the Contractor’s actions or negligence. The Contractor shall not be responsible for loss or damage caused by theft and vandalism by third parties, unless the theft or damage results from the Contractor’s negligence. In the event the Contractor fails to perform the required collections on any scheduled day, the Contractor shall be liable for all lost revenue because of their negligence. This amount shall not exceed the average daily amount collected on that scheduled day. 4 B. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their represent atives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub - proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 5 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11. The City’s contract terms and conditions that [Contractor/Consultant] will be expected to execute and be bound by are attached hereto as Exhibit A 6 D. SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. Phase 1 – Proposal Review The review committee will review the general proposal forms submitted (Information about the Proposing Firm, References, Statement of Past Contract Disqualifications, and Insurance Certificate). Three to five proposing firms will be selected for follow-up interviews based on a) quality, clarity and responsiveness of the proposal b) competence and qualifications necessary for successfully performing the work and c) recent experience in successfully performing similar services. Phase 2 – Interviews and Contractor Selection Selected firms will be interviewed by the review committee. The purposes of this interview will be to a) evaluate communication and interpersonal skills and b) clarify and resolve any questions and issues about the proposal. Based on results of the interviews, the review committee will rank the proposing firms. Phase 3 – Evaluation of Price and Award of Contract After selecting the top-ranked firms, the review committee will open all the submitted price proposals from the selected firms. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer’s bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the 7 party to whom the first award was made. 5.Contract Term. The services identified in this specification will be used by the City for five (5) years. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Compensation Adjustment. Original contract prices shall remain in effect through June 30, 2024. Beginning on July 1, 2024, contract prices shall be increased by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. 7.Supplemental Purchases Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8.Contractor Invoices The Contractor may deliver either a monthly invoice to the City with the name of the contract and associated purchase order number with itemized detail by work category. Invoices should be received within 15 days of the completion of the invoiced work period. 9.Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10.Unrestrictive Brand Names. Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 8 13.Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 14.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 9 C.PROPOSAL CONTENT 1.Proposal Content. Your proposal must include the following information: Submittal Forms a.Proposal submittal summary. b.Certificate of insurance. c.References from at least three firms for whom you have provided similar services. Qualifications d.Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e.Resumes of the individuals who would be assigned to this project, including any sub -consultants, with their corollary experience highlighted and specific roles in this project clearly described. f.Standard hourly billing rates for the assigned staff, including any sub-consultants. g.Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h.Detailed description of your approach to completing the work. i.Detailed schedule by task and sub-task for completing the work. j.Estimated hours for your staff in performing each phase and task of the work, including sub- consultants, so we can clearly see who will be doing what work, and how much time it will take. k.Detailed budget by task and sub-task for completing the work. l.Services or data to be provided by the City. m.Services and deliverables provided by the Consultant(s). n.Any other information that would assist us in making this contract award decision. o.Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions p.The City desires to begin work soon after selecting the preferred Consultant Team and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the bidder. Proposal Length q.Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials. 2.Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria: a.Understanding of the work required by the City. b.Quality, clarity and responsiveness of the proposal. 10 c.Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d.Recent team experience in successfully performing similar services. e.Creativity of the proposed approach in completing the work. f.Value g.Writing skills. h.References. i.Background and experience of the specific individuals managing and assigned to this project. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a.Issue RFP b.Receive proposals c.Complete proposal evaluations d.Conduct finalist interviews and finalize recommendation e.Execute contract f.Start work 9/13/2022 10/13/2022 by 10/21/2022 10/24-28/2022 By 11/4/2022 By 11/4/2022 4.Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 5.Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 6.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 7.Required Deliverable Products. The Contractor will be required to provide: a.One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b.Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign 11 Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c.City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 8.Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 9.Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 10.Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 13 F. INSURANCE REQUIREMENTS Insurance Requirements – Standard Professional Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit of $2,000,000. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 13 3.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 14 G: PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Total Base Price Sales tax [] Other TOTAL $ Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed. q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date 15 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome 16 Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome 17 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes q No q ◼If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative 18 EXHIBIT A : FORM OF AGREEMENT CITY OF SAN LUIS OBISPO AGREEMENT FOR PURCHASES OF GOODS AND SERVICES This Agreement is made and entered into in the City of San Luis Obispo on _____________[day, date, year] by and between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as City, and [Contractor’s Name], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx] (the “Project”); and WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for the Project; WHEREAS, [_________] NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, for five (5) years. 2.INCORPORATION BY REFERENCE. [Title of City’s RFP/RFQ/IFB] and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3.CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation [_______]. 4.CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 5.AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated 19 herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Name Dept. Address Consultant Name Title Address Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: By:_____________________________________ City Manager APPROVED AS TO FORM: CONSULTANT: ________________________________ By: _____________________________________ City Attorney Name of CAO / President Its: CAO / President 20 EXHIBIT A [CONTRACTOR’S PROPOSAL] 21 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. The Contractor warrants on behalf of itself and all 22 subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 11. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 12. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 13. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by 23 law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant 24 under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 17. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 19. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in -25- the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in- progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 1 From:Symens, Sadie Sent:Wednesday, September 3, 2025 12:08 PM To: Cc:King, Donna; Rice, Jennifer Subject:Termination of Parking Meter Coin Collection Services Mr. Cross, The City received your email dated August 21, 2025, regarding the FS Collections Notification of Contract Termination. We have reviewed all relevant records and have concluded that your contract expired in June of 2020, at which point it was extended on a month-to-month basis effective July 1, 2020. The City did not execute a contract with FS Collections in response to the proposal submitted in 2022. As you have been previously noticed, the agreement for month-to-month services has been terminated by City staff, effective October 31, 2025. We sincerely appreciate your years of service to the City. Thank you, Sadie Symens pronouns she/her/hers Deputy City Attorney Sadie Symens pronouns she/her/hers Deputy City Attorney City Attorney's Office E ssymens@slocity.org slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. 1 From:Colunga-Lopez, Andrea Sent:Wednesday, August 27, 2025 9:19 AM To:Brett Cross Cc:CityClerk Subject:RE: RESPONSE TO RECOMMENDATION NO. 6 OF THE GRAND JURY REPORT (ROUND & ROUND WITH TOWN & GOWN) Hi Brett, Thank you for your input, it has been sent to the committee members. It is now placed in the Planning Commission public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications -----Original Message----- From: Brett Cross < > Sent: Tuesday, August 26, 2025 9:21 PM To: Advisory Bodies <advisorybodies@slocity.org> Subject: RESPONSE TO RECOMMENDATION NO. 6 OF THE GRAND JURY REPORT (ROUND & ROUND WITH TOWN & GOWN) Dear Planning Commissioners, The impacts from illegal fraternity "satellite" houses in the R-1and R-2 zones, especially in the neighborhoods adjacent to Cal Poly are causing serious detrimental impacts to the residents in those neighborhoods. It's exceptionally concerning that the staff report indicates that the City is unable to remedy the impacts. "Extending staff hours or increasing the number of staff available to address fraternity and sorority enforcement would represent a significant increase in ongoing costs to the public at a time when the City is forecasting future budget deficits. Alternatively, redirection or adjustment of existing staff toward this effort would result in decreased service levels and/or delays in addressing other community response workload." The neighborhood is becoming unlivable. There is one particular family that was forced to leave because of the noise from parties that I won't forget. The family bought a house next to the wife's father to be near him as he was getting up in age. He had lived in that home for over 50 years. That was the house the daughter grew up in. They had to sell both homes and move the father who had lived in his home forever to a new home next to them in a home they purchased in the 5 cities area. That is the consequences of the partying. 2 The commission needs to make a bold statement that the city is going to make sure there are personnel necessary to address the illegal "satellite" fraternity houses operating in the R-1 and R-2 neighborhoods, especially adjacent to the campus. Sincerely, Brett Cross San Luis Obispo 1 From:Brett Cross < > Sent:Tuesday, August 26, 2025 9:21 PM To:Advisory Bodies Subject:RESPONSE TO RECOMMENDATION NO. 6 OF THE GRAND JURY REPORT (ROUND & ROUND WITH TOWN & GOWN) Dear Planning Commissioners, The impacts from illegal fraternity "satellite" houses in the R-1and R-2 zones, especially in the neighborhoods adjacent to Cal Poly are causing serious detrimental impacts to the residents in those neighborhoods. It's excepƟonally concerning that the staff report indicates that the City is unable to remedy the impacts. "Extending staff hours or increasing the number of staff available to address fraternity and sorority enforcement would represent a significant increase in ongoing costs to the public at a Ɵme when the City is forecasƟng future budget deficits. AlternaƟvely, redirecƟon or adjustment of exisƟng staff toward this effort would result in decreased service levels and/or delays in addressing other community response workload." The neighborhood is becoming unlivable. There is one parƟcular family that was forced to leave because of the noise from parƟes that I won't forget. The family bought a house next to the wife's father to be near him as he was geƫng up in age. He had lived in that home for over 50 years. That was the house the daughter grew up in. They had to sell both homes and move the father who had lived in his home forever to a new home next to them in a home they purchased in the 5 ciƟes area. That is the consequences of the partying. The commission needs to make a bold statement that the city is going to make sure there are personnel necessary to address th e illegal "satellite" fraternity houses operaƟng in the R-1 and R-2 neighborhoods, especially adjacent to the campus. Sincerely, BreƩ Cross San Luis Obispo 1 From:Brett Cross < > Sent:Thursday, August 21, 2025 2:19 PM To:Rice, Jennifer; Dietrick, Christine; McDonald, Whitney; Fuchs, Alex; King, Donna Subject:FS Collections Notification of Contract Termination Attachments:Parking Meter Coin Collections Services City of San Luis Obispo cover letter.docx; Parking_Meter_and_Parking_Payment_Center_Coin_Collections_Services.docx; Packet_for_Bid_ 2209-001.pdf; Scan_0019 (1).pdf; Scan_0021.pdf Dear Sir or Madam, On Wednesday August 20th I, as a partner of FS CollecƟons, was informed by Donna King- Parking Program Manager that the contract with FS CollecƟons was being terminated on October 31 of this year. The leƩer indicates the contract was "informally" extended on a month to month basis on July 1, 2020. However, on September 13, 2022 the City adverƟsed for SolicitaƟon 2209-001 NoƟce RequesƟng Proposals / QualificaƟons for Parking Meter Coin CollecƟon. The bid end date was October 13, 2022. FS CollecƟons submiƩed a proposal dated October 4, 2022 within the deadline outlined in the bid packet. The bid was received, and the bid was not rejected. The bid packet outlines the City's obligaƟons for review and execuƟon of the contract which was November 4, 2022. I was informed that the contract signatures were going to be signed by the City. Why they were not signed in a Ɵmely maƩer and in accordance with the contract is unknown. FS CollecƟons was never informed that the City did not intend to formalize the contract. My understanding was that due to the total 5 year contract costs exceeding city policy limits the contract needed to be adopted by the City Council. And we assumed that staff would prepare a report to the City Council for acƟon. At some point I became aware that City parking staff were going to prepare a report to the City Administrator to recognize FS CollecƟons as a "Sole Source Provider" therefore only needing signing by the City Administrator and City AƩorney to effectuate the contract. Apparently this approach was being considered due to the Finance Department puƫng pressure on the Parking Department to finalize the contract. My understanding is that finance needed the contract to be signed in order to disperse funds. I hadn't heard anything beyond that. If we had known that the City was going to now "claim" that because the City hadn't finalized the contract that it was only an extension of a previous month to month agreement and could be terminated at basically at any point we would have insisted the contract be signed as outlined in the bid documents. We were being generous, maybe too generous, in not having the contract finalized on November 4th, 2022 in order to give the City Ɵme to figure out what was needed to have the contract signed. I'll admit that we should not have been so lenient towards the City. The City should have signed the contract but for whatever reasons waited and waited. That's not FS CollecƟons fault. And now to say, "well you were really only working month to month" is rather disingenuous and it's not the right way to do business. It really isn't. Given that it was FS CollecƟons accommodaƟng the City and the fact there is only 2 more years leŌ on the contract. It would have been beƩer so just have said we're going to do our own collecƟons in the single space meters as they are removed and are replaced with pay staƟons or we'd like to hear what you propose. Apparently, the decision to bring coin collecƟons "in house" is being driven by the replacement of the single space parking meters to pay staƟons and the anƟcipated reducƟon in coins. That's certainly true however FS CollecƟons believe that given the bid submiƩal and indicaƟons from various staff since the bid was received and not rejected it is sƟll subject to the terms and condiƟons. Accordingly, we believe the contract sƟll should be in effect for approximately 2 more years. 2 If City staff would like to discuss the collecƟon of newly installed pay staƟons in the current single space zones we would be happy to discuss that. However, the contract submiƩal included already exisƟng pay staƟons. If the City wishes to collect any newly installed pay staƟons in single space meter zones that is your decision. Sincerely, BreƩ Cross Partner FS CollecƟon 1217 Mariners Cove San Luis Obispo, CA 93405 Parking Meter and Parking Payment Center Coin Collections Services FS Collections 1217 Mariners Cove San Luis Obispo, CA 93405 805-235-0430 Proposed Collection Schedule Mondays Tuesday’s Wednesday’s Thursday’s Pay Stations 55 Zone E 52 Zone C 151 Pay Stations 55 Zone H Meters 58 Zone F 115 Zone A 52 Zone H Meters 58 Zone E (High Use) 101 Lot 9 19 Zone E (High Use) 55 Lot 4 10 Lot 14 44 Zone F (High Use) 61 Zone F (High Use) 92 Lot 15 6 Lot 4 4 Total Pay Stations Total Pay Stations 55 55 Total Meters Total Meters Total Meters Total Meters 261 236 203 178 Weekly Totals Pay Stations 110 On Street Meters 878 Parking Meter Coin Collections Services City of San Luis Obispo Bid ID: 2209-001 FS Collections 1217 Mariners Cove San Luis Obispo, CA 93405 805-235-0430 On behalf of John Girard and myself as partners in FS Collections we appreciate the opportunity to again submit a bid to the City of San Luis Obispo for the Parking Meter Coin Collection contract. Both John and I have provided parking meter coin collection services for the city for about the past 25 years. A lot has changed over those years. Lot 6 which was the Court St. lot was developed as a major retail project as were Lots 11 and 13. Lot 2 is now a hotel. I think the City may have still be using the old “wind up” meters. With the new pay stations and license plate reader vehicles plus the proposed new IPS M5 meters the city has come a long way from the days of the wind up meters. As the city has adapted so have our collection schedules, routes and frequencies. With the addition of the pay stations routes B and G were eliminated and combined with existing routes. The change in rates and hours of enforcement has changed the need for additional collections in some areas that were collected once a week to twice per week to avoid meters jamming do to filling up. It will be interesting to see what changes to collection frequencies may be necessary with the next rate increase. It’s important to have a contractor in place that can recognize necessary changes and the flexibility to do so. Before I get too far along with discussing the specific bid proposal, especially the schedule and frequency, John and I want to share more of our commitment not only to providing a high level of service to city’s parking department but a high level of service to the community Both John and I are lifelong residents of San Luis Obispo. John grew up on Verde Dr and had a home on Benton Way in San Luis Obispo. He now lives out on Tiffany Ranch Rd. I grew up in the Laguna Lake neighborhood where I still live. We are both proud and lucky to make San Luis Obispo our home and I believe that is reflected in our role as ambassadors for the City when we are out in public collecting the meters or the pay stations. We do our best to provide tourists and residents alike with parking information, directions to points of interest (the Mission and Gum Alley are pretty high on the list), where’s the best place for breakfast, and “how do you do the pay station”. John and I are also concerned about our downtown and we both are in the habit of picking up litter and reporting any graffiti on the meters along with other issues that need attention while we are out collecting meters or pay stations. A little discussion about the pay stations and why I’m guessing you may be wonder why is it more to collect those and do they really need to be collected twice a week. The simple answer is they take a lot longer and have ‘issues” that really necessitates them being collected twice a week. Plus I should mention that users quite frequently need help using the machines. I like to say we’ve become like concierge service too. It can take some time to help the public enter their license plate and help them get their credit card read. The Pay Stations are “clunky” and they are spread out all over the downtown and basically they take a long time to collect. The average time to consider for each collection is 5 minutes per station. It doesn’t always take that long but with 3 locks and coins jamming in the chute that leads to the coin box along with coins that somehow spill outside the coin box it can take a long time to collect each one if you have to unjam the Pay Station or scoop out the coins that are piled up inside. And it’s those jams in the coin chute leading to the coin box and the tendency for the coins to spill out into the bottom of the pay station that makes it important to get to them twice per week. If you reduce the frequency you’ll invariably see many stations that are not accepting coins because they are jammed. That will create additional maintenance call outs along with a frustrated public. The meter collection schedule and frequency is currently what is being done. It’s the minimum necessary to keep the meters from filling up and becoming jammed and inoperable. The increase in hours of payment from 9AM-6PM to 9AM-9PM really changed the pattern of meter usage. Some 10 hour meters near the core which would have only been collected once a week now have to be done twice a week or will fill up. That’s why in the proposal you’ll see references “High Use”. Some of those are 10 hour meters which are collected twice now. It will be interesting to see what if any changes need to be made with the new IPS M5 meters which take credit cards along with a substantial rate increase in 2023. John and I look forward to a continued relationship with the City’s Parking Department as the Parking Meter and Pay Station Collections contractor. Sincerely, Brett Cross Partner FS Collections ‘ Solicitation 2209-001 Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection S Bid Designation: Public City of San Luis Obispo Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 1 Bid 2209-001 Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection S Bid Number    2209-001  Bid Title    Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection S    Bid Start Date  Sep 13, 2022 9:59:11 AM PDT Bid End Date  Oct 13, 2022 3:00:00 PM PDT Question & Answer End Date  Oct 6, 2022 5:00:00 PM PDT   Bid Contact    Daniel Clancy    dclancy@slocity.org    Contract Duration  5 years Contract Renewal  Not Applicable   Prices Good for  30 days   Bid Comments Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection Services The City of San Luis Obispo is requesting sealed proposals for Parking Meter and Parking Payment Center Coin Collection Services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before October 5, 2022, when they will be opened electronically via BidSync. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Gavin Hussey, with any questions. For technical help with BidSync please contact BidSync tech support at 800-990-9339. Item Response Form   Item    2209-001-01-01 - Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection S Quantity  1 each Unit Price   Delivery Location         City of San Luis Obispo     919 Palm   919 Palm Street   San Luis Obispo CA  93401   Qty 1 Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 2   Expected Expenditure  $1.00 Description Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection Services. The City of San Luis Obispo is requesting sealed proposals for Parking Meter and Parking Payment Center Coin Collection Services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before October 5, 2022, when they will be opened electronically via BidSync. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Gavin Hussey, with any questions. For technical help with BidSync please contact BidSync tech support at 800-990-9339. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 3 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection Services The City of San Luis Obispo is requesting sealed proposals for Parking Meter and Parking Payment Center Coin Collection Services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before October 5, 2022, when they will be opened electronically via BidSync. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Gavin Hussey, with any questions. For technical help with BidSync please contact BidSync tech support at 800-990-9339. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 4 TABLE OF CONTENTS A. Scope of Work .......................................................................................................................................... 1 B. Budget………………………………………………………………………………………………………………………………………………..4 C. General Terms and Conditions…………………………………………………………………………………………………………….4 D. Special Terms……………………………………………………………………………………………………………………………………..6 E. Proposal Content………………………………………………………………………………………………………………………………..8 F. Insurance………………………………………………………………………………………………………………………………………….12 G. Proposal Submittal Form………………………………………………………………………………………………………………….14 Exhibit A - Form of Agreement Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 5 1 A. SCOPE OF WORK The City is requesting proposals for parking meter collection services located on streets and in parking lots. 1. Collection Procedure. In performing this work, the collection contractor shall adhere to the following procedure: a. Meter and payment center collections begin at the Parking Services Office located at 1260 Chorro Street, Suite B, San Luis Obispo. b. Contractor will pick up the keys required to open the meters and payment centers to be collected that day. c. Contract will sign for receipt of the keys picked up. d. Contractor will pick up the appropriate cart and collection canister required for the street zone(s) and/or parking lot(s) to be collected. (The collection canisters may be different; some zones/lots may have sealed or open coin cans.) e. Contractor will begin the walking route for the appropriate street zone or parking lot to be collected. f. For each parking meter or payment center to be collected, Contractor will adhere to the following procedure: 1) Unlock and open the coin can compartment or vault. 2) Remove the coin can and empty it into the collection canister. 3) Replace the coin can in its compartment or vault. 4) Lock the coin can compartment or vault. 5) If observable meter or payment center repairs are required, record them on a parking meter repair form. 6) Note any vandalism or theft on a parking meter repair form. g. Contractor will return to the Parking Services Office when the zone and/or lot collection is completed. h. Contractor will remove the collection canister from the collection cart in the presence of a City employee. i. Contractor will record the date, time, location, initials and the number of bags to be filled on a collection slip. Contractor will attach the collection slip to the collection canister and move the canister to the designated storage area in the presence of a City employee. j. Go back to Step d. if continuing collections. k. When all scheduled meter collections have been completed for the day, Contractor will unlock all collection canisters in the presence of a City employee. l. Contractor will remove the collection bags from inside the collection canisters and place the coin into sealable coin bags labeled with the appropriate zone and/or lot number. This procedure is done in the weighing/collection room with a City employee monitoring and sealing the coin bags. Contractor will place an empty collection bag into each collection canister and lock the canister in the presence of the City employee. m. The City employee shall complete a receipt of uncounted sealed coin bags on a form furnished by Garda. n. Contractor shall place all sealed coin bags inside the City’s safe in the presence of the City employee. o. Contractor shall return the keys required for the meters and payment centers collected that day. p. A City employee shall sign for receipt of the returned keys in a logbook maintained by the City. q. Contractor will turn in meter repair forms to the meter repair shop. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 6 2 2. Collection Schedule. Parking meters and payment centers to be collected are organized into street zones and parking lots, which are shown on the map at the end of this section. The Contractor shall perform the specified work according to the following schedule. The City may change this schedule at any time but shall give the Contractor at least seven calendar days’ notice of the change. The Contractor shall not deviate from this schedule without prior written permission from the City. The Contractor sha ll not perform the specified work on any holiday observed by the City without prior written permission from the City. Note: The number of collections is only an estimate and is subject to change. Mondays Tuesdays Wednesdays Thursdays Fridays Zone D Upper Zone A Zone B Zone C Zone D Lower Zone G Zone E Zone G Zone D Upper Zone G Zone B Zone H Zone F Zone Part B Lot 2 Zone D Lower Lot 9 Zone Part H Lot 4 Lot 14 Lot 3 Lot 2 Lot 10 Lot 11 Lot 15 Lot 4 Lot 3 Lot 10 Lot 11 (±439 Collections) (±499 Collections) (±469 Collections) (±433 Collections) (±450 Collections) Donation Meters (7±) ** **Donation Meters. In an effort to redirect money given to panhandlers, these recycled parking meters encourage Downtown patrons to give to local programs that are working to improve conditions for those in need. United Way of San Luis Obispo County is the fiscal agent for downtown donatio n meters in partnership with the City of San Luis Obispo and the San Luis Obispo Downtown Association. These 7 donation meters may be collected by Contractor while servicing the City meters without an additional cost or Contractor will submit a separate invoice to the United Way San Luis Obispo for their time based on the same fee schedule as that used in setting the fees for the other meter collections. The money collected will be bagged separately from the City’s collections and picked up by the United Way of San Luis Obispo. 3. Collection Hours. The Contractor shall perform the specified work only on weekdays (Monday through Friday). Suggested start time for collection is 8:00 a.m. and will continue until the collections scheduled for that day are completed. Collections must be completed for the assigned day and the coin bagged no later than 4:00 p.m. The collection/bagging room is not available between the hours of noon – 1:30 p.m. for bagging of coin. Coin bagging is subject to the availability of staff. Due to various meetings and or special events, the collection and/or bagging of coin may have to be postponed and/or rescheduled. Contractor will be given advance notice whenever possible of any schedule changes. Contractor may have additional zones/lots to collect in addition to the regularly scheduled collections due to office closures and other circumstances. These additional collections must be made and bagged no later than 4:00 p.m. the same day as collected. No changes to the regular collection hours will be made by the Contractor without prior written permission from the City. 4. Collection Equipment. The City shall furnish two collection carts, eight lockable collection canisters, and one coin bag holder. The Contractor shall be responsible for any periodic maintenance required on this equipment and for any routine repair to the equipment that costs less than one hundred dollars ($100). Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 7 3 City will maintain tires, tubes and canning mechanisms. The City shall provide locks and keys fo r the collection canisters. 5. Qualifications of Collection Workers. Contractor will provide a list of collection workers for approval by the City on the proposal form. Contractor will inform the City of any changes in collection workers prior to their start of work. Collection workers shall be competent and qualified to perform the specified work. Collection workers will have worked in a cash handling environment. No collection worker shall perform any of the specified work without (a) passing a background security check conducted by the City; (b) a credit check conducted by the City; and (c) receiving written permission from the City to perform the specified work. Each collection worker shall be able to comfortably lift a collection canister weighing up to 140 pounds. A cash bond of ten thousand dollars ($10,000) will be required for the contract. All collection workers shall meet all of the contract qualifications and requirements. 6. Conduct of Collection Workers. Collection workers shall perform the specified work in an orderly manner and shall avoid even the appearance of impropriety in any form. If the City representative advises the Contractor that a collection worker is incompetent, unqualified, or disorderly, the Contractor shall remove that collection worker from the specified work for the duration of the agreement. While performing the specified work, a collection worker shall not bring to the work locations any pets, any children, or any persons not employed under the agreement. Contractor and collection workers are not authorized to discuss confidential information that is learned in the course and scope of the performance of this contract with private third parties or the press without prior written authorization of the City. 7. Uniforms for Collection Workers. While performing the specified work collection workers shall wear simple but distinctive uniforms which have been approved in advance by the City and which shall clearly identify the collection workers as representatives of the City. Uniforms shall be neat, clean and kept in good appearance at all times. The City shall furnish official City of San Luis Obispo uniform patches that must be affixed to the uniforms. The Contractor shall furnish all required uniforms, footwear, headgear, jackets, or inclement weather gear. 8. Providing for Vacations, Illnesses, or Other Absences of Collection Workers. The Contractor shall maintain a staff of at least two (2) fully qualified collection workers in order to continue performing the specified work when a collection worker takes time off for vacation, illness, or other absence. The Contractor shall list at least two proposed collection workers on the proposal form. 9. Responsibility for Loss or Damage of City Property. The Contractor shall be responsible for City property while it is in the Contractor’s custody. The Contractor shall replace or repair City property, including specifically coin revenue and collection equipment, lost or damaged as a result of the Contractor’s actions or negligence. The Contractor shall not be responsible for loss or damage caused by theft and vandalism by third parties, unless the theft or damage results from the Contractor’s negligence. In the event the Contractor fails to perform the required collections on any scheduled day, the Contractor shall be liable for all lost revenue because of their negligence. This amount shall not exceed the average daily amount collected on that scheduled day. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 8 4 B. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their represent atives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub - proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 9 5 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11. The City’s contract terms and conditions that [Contractor/Consultant] will be expected to execute and be bound by are attached hereto as Exhibit A Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 10 6 D. SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. Phase 1 – Proposal Review The review committee will review the general proposal forms submitted (Information about the Proposing Firm, References, Statement of Past Contract Disqualifications, and Insurance Certificate). Three to five proposing firms will be selected for follow-up interviews based on a) quality, clarity and responsiveness of the proposal b) competence and qualifications necessary for successfully performing the work and c) recent experience in successfully performing similar services. Phase 2 – Interviews and Contractor Selection Selected firms will be interviewed by the review committee. The purposes of this interview will be to a) evaluate communication and interpersonal skills and b) clarify and resolve any questions and issues about the proposal. Based on results of the interviews, the review committee will rank the proposing firms. Phase 3 – Evaluation of Price and Award of Contract After selecting the top-ranked firms, the review committee will open all the submitted price proposals from the selected firms. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer’s bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 11 7 party to whom the first award was made. 5.Contract Term. The services identified in this specification will be used by the City for five (5) years. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Compensation Adjustment. Original contract prices shall remain in effect through June 30, 2024. Beginning on July 1, 2024, contract prices shall be increased by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment. 7.Supplemental Purchases Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8.Contractor Invoices The Contractor may deliver either a monthly invoice to the City with the name of the contract and associated purchase order number with itemized detail by work category. Invoices should be received within 15 days of the completion of the invoiced work period. 9.Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10.Unrestrictive Brand Names. Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 12 8 13.Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 14.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 13 9 C.PROPOSAL CONTENT 1.Proposal Content. Your proposal must include the following information: Submittal Forms a.Proposal submittal summary. b.Certificate of insurance. c.References from at least three firms for whom you have provided similar services. Qualifications d.Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e.Resumes of the individuals who would be assigned to this project, including any sub -consultants, with their corollary experience highlighted and specific roles in this project clearly described. f.Standard hourly billing rates for the assigned staff, including any sub-consultants. g.Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h.Detailed description of your approach to completing the work. i.Detailed schedule by task and sub-task for completing the work. j.Estimated hours for your staff in performing each phase and task of the work, including sub- consultants, so we can clearly see who will be doing what work, and how much time it will take. k.Detailed budget by task and sub-task for completing the work. l.Services or data to be provided by the City. m.Services and deliverables provided by the Consultant(s). n.Any other information that would assist us in making this contract award decision. o.Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions p.The City desires to begin work soon after selecting the preferred Consultant Team and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the bidder. Proposal Length q.Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials. 2.Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria: a.Understanding of the work required by the City. b.Quality, clarity and responsiveness of the proposal. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 14 10 c.Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d.Recent team experience in successfully performing similar services. e.Creativity of the proposed approach in completing the work. f.Value g.Writing skills. h.References. i.Background and experience of the specific individuals managing and assigned to this project. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a.Issue RFP b.Receive proposals c.Complete proposal evaluations d.Conduct finalist interviews and finalize recommendation e.Execute contract f.Start work 9/13/2022 10/13/2022 by 10/21/2022 10/24-28/2022 By 11/4/2022 By 11/4/2022 4.Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 5.Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 6.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 7.Required Deliverable Products. The Contractor will be required to provide: a.One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b.Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 15 11 Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c.City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 8.Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 9.Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 10.Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 16 13 F. INSURANCE REQUIREMENTS Insurance Requirements – Standard Professional Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit of $2,000,000. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 17 13 3.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 18 14 G: PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Total Base Price Sales tax [] Other TOTAL $ Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed. q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 19 15 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 20 16 Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 21 17 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes q No q ◼If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 22 18 EXHIBIT A : FORM OF AGREEMENT CITY OF SAN LUIS OBISPO AGREEMENT FOR PURCHASES OF GOODS AND SERVICES This Agreement is made and entered into in the City of San Luis Obispo on _____________[day, date, year] by and between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as City, and [Contractor’s Name], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx] (the “Project”); and WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for the Project; WHEREAS, [_________] NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, for five (5) years. 2.INCORPORATION BY REFERENCE. [Title of City’s RFP/RFQ/IFB] and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3.CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation [_______]. 4.CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 5.AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 23 19 herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Name Dept. Address Consultant Name Title Address Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: By:_____________________________________ City Manager APPROVED AS TO FORM: CONSULTANT: ________________________________ By: _____________________________________ City Attorney Name of CAO / President Its: CAO / President Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 24 20 EXHIBIT A [CONTRACTOR’S PROPOSAL] Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 25 21 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. The Contractor warrants on behalf of itself and all Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 26 22 subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 11. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 12. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 13. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 27 23 law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 28 24 under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 17. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 19. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 29 -25- the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in- progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 30 Question and Answers for Bid #2209-001 - Notice Requesting Proposals / Qualifications for Parking Meter Coin Collection S   Overall Bid Questions There are no questions associated with this bid.     Question Deadline: Oct 6, 2022 5:00:00 PM PDT Bid 2209-001City of San Luis Obispo 9/13/2022 11:01 AM p. 31 1 From:Brett Cross < > Sent:Monday, July 14, 2025 2:36 PM To:E-mail Council Website Subject:APPOINT AN AD HOC COMMITTEE OF THE CITY COUNCIL TO COLLABORATE WITH STAFF TO PREPARE RESPONSES TO GRAND JURY REPORT “ROUND & ROUND WITH TOWN & GOWN” Dear City Council members, I'm not even sure how to address not only the current staff report or the City's response the Grand Jury report. All I can say is that I'm disappointed. Oh, and I get it. People or in this case the City doesn't like to be criticized, and the first instinct is to get defensive. And I understand that the Community Development Department has tried to deal with the Satellite Fraternities but just don't have the staff to effectively get a handle on it. Plus, Cal Poly is actively obstructing them in identifying those satellite fraternities. However, I think I could also use the term " Factual Inconsistencies" in both the City's response to the Grand Jury report and the current staff report. Just as an example- the current staff report mentions the City's Social Host ordinance. How many citations have been written under that section? The current report makes it appear as though this ordinance has effectively reduced the number of parties in which underage drinking is occurring. It hasn't. You know why? Because I don't think the City has written any of them. You know what is missing? Any discussion about the Grand Jury recommendations. Maybe that will come after the Ad Hoc committee is appointed. I certainly hope that the committee will hold meetings with residents in the Alta Vista neighborhood along with other interested groups- such as Residents for Quality Neighborhoods. The neighborhoods adjacent to Cal Poly are, in a way, unlivable. That doesn't mean people aren't living there, but means that the noise from continuous noisy parties has made living there really difficult. Residents are being forced out of their homes. They are having to sell their houses and move away. That's unacceptable. You've got to understand that. You have to right? I shouldn't even have to make that a question. So what are you going to do? Sincerely, Brett Cross San Luis Obispo 1 From:Colunga-Lopez, Andrea Sent:Monday, July 14, 2025 3:20 PM To:Brett Cross Cc:CityClerk Subject:RE: APPOINT AN AD HOC COMMITTEE OF THE CITY COUNCIL TO COLLABORATE WITH STAFF TO PREPARE RESPONSES TO GRAND JURY REPORT “ROUND & ROUND WITH TOWN & GOWN” Hi Brett, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Monday, July 14, 2025 2:36 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: APPOINT AN AD HOC COMMITTEE OF THE CITY COUNCIL TO COLLABORATE WITH STAFF TO PREPARE RESPONSES TO GRAND JURY REPORT “ROUND & ROUND WITH TOWN & GOWN” Dear City Council members, I'm not even sure how to address not only the current staff report or the City's response the Grand Jury report. All I can say is that I'm disappointed. Oh, and I get it. People or in this case the City doesn't like to be criticized, and the first instinct is to get defensive. And I understand that the Community Development Department has tried to deal with the Satellite Fraternities but just don't have the staff to effectively get a handle on it. Plus, Cal Poly is actively obstructing them in identifying those satellite fraternities. However, I think I could also use the term " Factual Inconsistencies" in both the City's response to the Grand Jury report and the current staff report. Just as an example- the current staff report mentions the City's Social Host ordinance. How many citations have been written under that section? The current report makes it appear as though this ordinance has effectively reduced the number of parties in which underage drinking is occurring. It hasn't. You know why? Because I don't think the City has written any of them. You know what is missing? Any discussion about the Grand Jury recommendations. Maybe that will come after the Ad Hoc committee is appointed. I certainly hope that the committee will hold meetings with residents in the Alta Vista neighborhood along with other interested groups- such as Residents for Quality Neighborhoods. 2 The neighborhoods adjacent to Cal Poly are, in a way, unlivable. That doesn't mean people aren't living there, but means that the noise from continuous noisy parties has made living there really difficult. Residents are being forced out of their homes. T hey are having to sell their houses and move away. That's unacceptable. You've got to understand that. You have to right? I shouldn't even have to make that a question. So what are you going to do? Sincerely, Brett Cross San Luis Obispo 1 From:Brett Cross < > Sent:Tuesday, June 24, 2025 9:10 PM To:Advisory Bodies Subject:SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT (USE-0334- 2025) FOR A FRATERNITY. Dear Planning Commissioners, The question before you this evening is the same question that has been before you recently--and that question is how do you "condition" a permit for a fraternity that make it possible to make the finding that the proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity. Fraternity uses are unlike any typical residential use. Which the following excerpts from the1967 California Court of Appeals case aptly point out. [Civ. No. 31524. Second Dist., Div. One. Nov. 8, 1967.] CITY OF LONG BEACH, Plaintiff and Respondent, v. CALIFORNIA LAMBDA CHAPTER OF SIGMA ALPHA EPSILON FRATERNITY et al., Defendants and Appellants. [10] Appellants mistakenly proceed upon the theory that a fraternity house is identical to a boarding house or a lodging house merely because the members of the fraternity eat and sleep at the fraternity house, and that eating and sleeping are incidents of a residential use, and, therefore, by prohibiting fraternities from an R-4 zone, fraternity members are being prohibited from exercising a residential use of property. The facts of life dictate that there is a vast difference between a boarding house or lodging house and a fraternity house. It was appropriately said in Pettis v. Alpha Alpha Chapter of Phi Beta Pi, 115 Neb. 525 [213 N.W. 835, 837-838]: ".. "And ... speaking of college students generally, the court observes that it is a matter of common knowledge and well established that groups of students are for the most part exuberant, boisterous, and hilarious, and that they do not ordinarily keep regular hours and are addicted to the use and abuse of vibrant and sonorous musical instruments." "The city council apparently was fully aware that college spirit contemplates frequent gatherings with attendant boisterous [255 Cal. App. 2d 797] conduct on occasions. The "rush parties," the dances, the rallies and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house, a lodging house or an apartment." The difficulty that the commission and staff is having is how to come up with a set of conditions given the unique qualities and characteristics of a college fraternity. Condition No. 2 requires the Planning Commission to re-evaluate the Use Permit if the fraternity receives three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued 2 resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. " I'm concerned with the language regarding allowing up to 3 noise citations possibly in a 12 month period. Since the wording groups in all citations. The Noise violations need to be kept separate. The adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood appears to require that something more that just the violation of a law of permit condition is required. Any noise citation should be reviewed based on the nature of the noise citation- number of attendees, impact to surrounding neighbors, and the type of noise including the time of day. A review of the Use Permit should occur based on the severity. Condition No. 13 of U 36-09 should remain in force with the new conditions. "13. The use permit shall be reviewed if any reasonable written citizen or Police or Fire Department complaints are received by the City. In review of the use permit, the Planning Commission may add, delete, or modify conditions of approval or revoke the use permit." I'm not sure why this prior condition should be removed. Lastly, the elephant in the room is alcohol. Sororities have a no alcohol policy from the National Panhellenic Conference. 'The National Panhellenic Conference mandates in its “Policies and Best Practices” document that Panhellenic funds cannot be spent on “alcoholic beverages for any purpose.” Fraternities face no such regulation from the North-American Interfraternity Conference." A condition should be added that prohibits any alcohol and drug use at any " “Sanctioned event”" as defined in Assembly Bill No. 524 that is required to be registered with the university. Sincerely, Brett Cross San Luis Obispo 1 From:Colunga-Lopez, Andrea Sent:Wednesday, June 25, 2025 8:20 AM To:Brett Cross Cc:CityClerk Subject:RE: SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT (USE-0334- 2025) FOR A FRATERNITY. Hi Brett, Thank you for your input, it has been sent to the committee members. It is now placed in the Planning Commission public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Tuesday, June 24, 2025 9:10 PM To: Advisory Bodies <advisorybodies@slocity.org> Subject: SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT (USE-0334- 2025) FOR A FRATERNITY. Dear Planning Commissioners, The question before you this evening is the same question that has been before you recently--and that question is how do you "condition" a permit for a fraternity that make it possible to make the finding that the proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity. Fraternity uses are unlike any typical residential use. Which the following excerpts from the1967 California Court of Appeals case aptly point out. [Civ. No. 31524. Second Dist., Div. One. Nov. 8, 1967.] CITY OF LONG BEACH, Plaintiff and Respondent, v. CALIFORNIA LAMBDA CHAPTER OF SIGMA ALPHA EPSILON FRATERNITY et al., Defendants and Appellants. 2 [10] Appellants mistakenly proceed upon the theory that a fraternity house is identical to a boarding house or a lodging house merely because the members of the fraternity eat and sleep at the fraternity house, and that eating and sleeping are incidents of a residential use, and, therefore, by prohibiting fraternities from an R-4 zone, fraternity members are being prohibited from exercising a residential use of property. The facts of life dictate that there is a vast difference between a boarding house or lodging house and a fraternity house. It was appropriately said in Pettis v. Alpha Alpha Chapter of Phi Beta Pi, 115 Neb. 525 [213 N.W. 835, 837-838]: ".. "And ... speaking of college students generally, the court observes that it is a matter of common knowledge and well established that groups of students are for the most part exuberant, boisterous, and hilarious, and that they do not ordinarily keep regular hours and are addicted to the use and abuse of vibrant and sonorous musical instruments." "The city council apparently was fully aware that college spirit contemplates frequent gatherings with attendant boisterous [255 Cal. App. 2d 797] conduct on occasions. The "rush parties," the dances, the rallies and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house, a lodging house or an apartment." The difficulty that the commission and staff is having is how to come up with a set of conditions given the unique qualities and characteristics of a college fraternity. Condition No. 2 requires the Planning Commission to re-evaluate the Use Permit if the fraternity receives three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. " I'm concerned with the language regarding allowing up to 3 noise citations possibly in a 12 month period. Since the wording groups in all citations. The Noise violations need to be kept separate. The adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood appears to require that something more that just the violation of a law of permit condition is required. Any noise citation should be reviewed based on the nature of the noise citation- number of attendees, impact to surrounding neighbors, and the type of noise including the time of day. A review of the Use Permit should occur based on the severity. Condition No. 13 of U 36-09 should remain in force with the new conditions. "13. The use permit shall be reviewed if any reasonable written citizen or Police or Fire Department complaints are received by the City. In review of the use permit, the Planning Commission may add, delete, or modify conditions of approval or revoke the use permit." I'm not sure why this prior condition should be removed. Lastly, the elephant in the room is alcohol. Sororities have a no alcohol policy from the National Panhellenic Conference. 'The National Panhellenic Conference mandates in its “Policies and Best Practices” document that Panhellenic funds cannot be spent on “alcoholic beverages for any purpose.” Fraternities face no such regulation from the North-American Interfraternity Conference." 3 A condition should be added that prohibits any alcohol and drug use at any " “Sanctioned event”" as defined in Assembly Bill No. 524 that is required to be registered with the university. Sincerely, Brett Cross San Luis Obispo 1 From:Brett Cross < > Sent:Wednesday, May 28, 2025 1:21 PM To:Advisory Bodies Subject:RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY. Dear Planning Commission, Please consider these comments to apply to both Conditional Use Permits before your Commission this evening. As part ot the application the Commission is being asked to approve certain findings including Finding 6. "6. As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use,....." Will the conditions actually meet this standard and can you make this finding? Condition #2 " 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition" The allowable number of citations prior to review is excessive and is not consistent with the finding #6, whereas the use wil l not be detrimental to persons residing or working in the neighborhood of the use. Additionally, are what process is in place to ensure violations are made known to the Community Development Department. Any 1 violation of the City's Noise ordinance should require the Fraternity to acknowledge and sign a declaration that they understand the City's Noise Ordinance A second violation in a 12 month period will result in Planning Commission review. The Conditions of Approval allow " 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 54 people" Who is responsible for ensuring this condition is followed. What city department or departments will be ensuring this condition is being followed? How many members are there in this fraternity? It also doesn't appear there is a limit on the number of special events, "except as otherwise approved by the Community Development Director for special events." There should be an acknowledgement that numerous special events can have an impact on surrounding residents. Especially cumulative impacts from "special events" approved at other fraternities or sororities.. A limit of Special Events should be considered. Lastly, it's a concern that residents who sent in correspondence who live in the area don't feel safe due to possible retaliation and decided to keep their information limited. That is a real issue that the commission needs to acknowledge. Sincerely, Brett Cross San Luis Obispo. 1 From:Colunga-Lopez, Andrea Sent:Wednesday, May 28, 2025 1:55 PM To:Brett Cross Cc:CityClerk Subject:RE: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY. Hi Brett, Thank you for your input, it has been sent to the committee members. It is now placed in the Planning Commission public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Wednesday, May 28, 2025 1:21 PM To: Advisory Bodies <advisorybodies@slocity.org> Subject: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY. Dear Planning Commission, Please consider these comments to apply to both Conditional Use Permits before your Commission this evening. As part ot the application the Commission is being asked to approve certain findings including Finding 6. "6. As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances and conditions applie d in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use,....." Will the conditions actually meet this standard and can you make this finding? Condition #2 " 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition" The allowable number of citations prior to review is excessive and is not consistent with the finding #6, whereas the use wil l not be detrimental to persons residing or working in the neighborhood of the use. Additionally, are what process is in place to ensure violations are made known to the Community Development Department. Any 1 violation of the City's Noise ordinance should require the Fraternity to acknowledge and sign a declaration that they understand the City's Noise Ordinance A second violation in a 12 month period will result in Planning Commission review. 2 The Conditions of Approval allow " 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 54 people" Who is responsible for ensuring this condition is followed. What city department or departments will be ensuring this condition is being followed? How many members are there in this fraternity? It also doesn't appear there is a limit on the number of special events, "except as otherwise approved by the Community Development Director for special events." There should be an acknowledgement that numerous special events can have an impact on surrounding residents. Especially cumulative impacts from "special events" approved at other fraternities or sororities.. A limit of Special Events should be considered. Lastly, it's a concern that residents who sent in correspondence who live in the area don't feel safe due to possible retaliation and decided to keep their information limited. That is a real issue that the commission needs to acknowledge. Sincerely, Brett Cross San Luis Obispo. 1 From:Shoresman, Michelle Sent:Wednesday, April 2, 2025 10:56 PM To:Brett Cross Subject:Re: REVIEW OF AN INITIATION OF A GENERAL PLAN AMENDMENT, REZONE, AND ANNEXATION TO FACILITATE BROADSTONE VILLAGE, A PHASED RESIDENTIAL DEVELOPMENT PROJECT, AT 12500 AND 12501 LOS OSOS VALLEY ROAD Hi Brett. Thanks for your comments. I want to let you know that we are very early in the process for this potential development. There have only been three applications for annexation, rezoning and general plan amendments. There is no development yet…only preliminary plans enough to file the applications I mentioned. This is unusual…we don’t usually get to weigh in, as a council this early. But the developer and staff thought it was a good idea given all the special circumstances with the annexation and request for upzoning. There will still be lots of chances for public input, a full EIR process, traffic and financial impact studies as well as hearings at several advisory bodies. So, not to worry. Nothing is a “done deal” yet, nor is anything official “approved.” Thanks for your feedback though and for participating in this process. Michelle From: Brett Cross < > Sent: Tuesday, April 1, 2025 11:36:26 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: REVIEW OF AN INITIATION OF A GENERAL PLAN AMENDMENT, REZONE, AND ANNEXATION TO FACILITATE BROADSTONE VILLAGE, A PHASED RESIDENTIAL DEVELOPMENT PROJECT, AT 12500 AND 12501 LOS OSOS VALLEY ROAD This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council members, I've got a lot of comments about this proposed project. Number one is where was the community input on these parcels and this project in particular before, what has surely been a lot of planning and building design including configuration had taken place. Now the community is having to react to the developer proposal. This is not how "planning" is supposed to work.. Unfortunately this process, when it comes to annexations and development proposals has become the default process in our community. There should be a Specific Plan created for this area prior to any annexation. I'm not going to get into all the details of a Specific Plan but one of the major goals of a Specific Plan is, "The specific plan process must provide opportunities for the public, including residents of the planning area, to participate in defining the vision, needs, and priorities of the specific plan." I recommend that the City develop a Specific Plan for this area that is consistent with the public's vision. Sincerely, Brett Cross San Luis Obispo 1 From:Brett Cross < > Sent:Tuesday, April 1, 2025 11:36 AM To:E-mail Council Website Subject:REVIEW OF AN INITIATION OF A GENERAL PLAN AMENDMENT, REZONE, AND ANNEXATION TO FACILITATE BROADSTONE VILLAGE, A PHASED RESIDENTIAL DEVELOPMENT PROJECT, AT 12500 AND 12501 LOS OSOS VALLEY ROAD This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council members, I've got a lot of comments about this proposed project. Number one is where was the community input on these parcels and this project in particular before, what has surely been a lot of planning and building design including configuration had taken place. Now the community is having to react to the developer proposal. This is not how "planning" is supposed to work.. Unfortunately this process, when it comes to annexations and development proposals has become the default process in our community. There should be a Specific Plan created for this area prior to any annexation. I'm not going to get into all the details of a Specific Plan but one of the major goals of a Specific Plan is, "The specific plan process must provide opportunities for the public, including residents of the planning area, to participate in defining the vision, needs, and priorities of the specific plan." I recommend that the City develop a Specific Plan for this area that is consistent with the public's vision. Sincerely, Brett Cross San Luis Obispo 1 From:Colunga-Lopez, Andrea Sent:Tuesday, April 1, 2025 11:40 AM To:Brett Cross Cc:CityClerk Subject:RE: REVIEW OF AN INITIATION OF A GENERAL PLAN AMENDMENT, REZONE, AND ANNEXATION TO FACILITATE BROADSTONE VILLAGE, A PHASED RESIDENTIAL DEVELOPMENT PROJECT, AT 12500 AND 12501 LOS OSOS VALLEY ROAD Hi Brett, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Tuesday, April 1, 2025 11:36 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: REVIEW OF AN INITIATION OF A GENERAL PLAN AMENDMENT, REZONE, AND ANNEXATION TO FACILITATE BROADSTONE VILLAGE, A PHASED RESIDENTIAL DEVELOPMENT PROJECT, AT 12500 AND 12501 LOS OSOS VALLEY ROAD This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council members, I've got a lot of comments about this proposed project. Number one is where was the community input on these parcels and this project in particular before, what has surely been a lot of planning and building design including configuration had taken place. Now the community is having to react to the developer proposal. This is not how "planning" is supposed to work.. Unfortunately this process, when it comes to annexations and development proposals has become the default process in our community. There should be a Specific Plan created for this area prior to any annexation. I'm not going to get into all the details of a Specific Plan but one of the major goals of a Specific Plan is, "The specific plan process must provide opportunities for the public, including residents of the planning area, to participate in defining the vision, needs, and priorities of the specific plan." 2 I recommend that the City develop a Specific Plan for this area that is consistent with the public's vision. Sincerely, Brett Cross San Luis Obispo 1 From:Brett Cross < > Sent:Friday, March 14, 2025 10:48 AM To:Mickel, Fred; McDonald, Whitney Subject:Fw: Satellite and Main Fraternity and Sorority House in R-1/R-2 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ----- Forwarded Message ----- From: Brett Cross < > To: Walker Kathie < >; Sandra Rowley < >; Carolyn Smith < >; Carolyn Smith <ke6hng@att.net>; Mila Vujovich-LaBarre < ; Karen Adler < ; Stewjenkins Info < ; Paul Allen < Sent: Friday, March 14, 2025 at 10:45:56 AM PDT Subject: Satellite and Main Fraternity and Sorority House in R-1/R-2 At yesterday's SCLC meeting I asked if there would be implications if a fraternity or sorority held an event at their "houses" since Fraternity and Sorority Life was not allowing any events to be registered this weekend. The answer was yes---Except for the fact that Fraternity and Sorority Life wasn't going out in neighborhoods to check. It was up to the City or residents to "turn in" the fraternity or sorority that held a party. That would work if it weren't for the fact that Cal Poly won't give the City, especially the police department, the addresses of the fraternity and sorority houses that are in the R-1 and R-2 neighborhoods. So if there are parties held during this weekend it's up to "us" to turn them in to Cal Poly. Except Cal Poly won't provide the addresses You see where I'm going here with this. Unfortunately I wasn't quick enough on my feet to point this out to the Fraternity and Sorority Life representative. Hopefully what addresses have been verified by Community Development have been given to the police department so a confirmed location that hold an event/party are being sent to Fraternity and Sorority Life for review. Brett Cross RQN SCLC Representative 1 From:Brett Cross < > Sent:Tuesday, February 18, 2025 1:50 PM To:E-mail Council Website Subject:7B US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Council members, I think it's probably time to come to the realization that the Prado Rd overpass as a envisioned isn't financially feasible. The cost estimates have been wildly off since inception of the San Luis Ranch Specific Plan. Cost estimates began at around $28 million, hence the cost sharing amount determined for San Luis Ranch, hence the $9.8 million. Which was approximately 1/3 the total project cost. Costs then escalated to between $32 and $34 million. Then a estimate of $42 or $43 million was revealed in a staff report subsequent to final approval of the San Luis Ranch Specific plan. It should be noted that the proportion that San Luis Ranch was obligated to contribute has not changed with cost estimates. Although I'm not sure where the staff report is getting the $24 Million figure Estimates then increased to around $100 million and now are anticipated to be around $149 million, with City's portion of $109 million? I'm not even sure what the number is actually. Not that it really matters because the City in no way has that money available. I don't how the City believes it can pay for this project. I don't think its very probable. One of my concerns is what happens if the City uses the $9.8 million of developer funds for Plans or is it $24 million?, Specifications and Estimate (PS&E) and then it becomes even more obvious the project cannot be funded through grants or other local tax methods( saile tax increase, property tax increase or other methods). So will this require the city to reimburse the developer those funds that were paid. Now you've spent $9.8 million and will you then be required to basically refund those monies.. I guess I should ask how much has been spent already on this project and where did those funds originate from? The City's best bet at this point is to adopt staff's alternative #1 1. Deny award of PS&E Contract. Direct Staff to investigate reduced scale overpass Concept. Instead of proceeding with PS&E for the current interchange design, Council could instead direct staff not to award the PS&E contract at this time, and to instead explore lower-cost design alternatives that differ significantly from the current scope. Examples of this could include:  Bicycle and Pedestrian Only Overcrossing – propose an overcrossing over Highway 101 without any vehicle lanes The City's second best bet is to complete the Southbound 101 off and on ramps at the Los Osos Valley Road interchange as originally proposed but due to cost wasn't completed and Calle Joaquin. road configuration with a through street to Prado/Dalidio Dr. That can't be more than what has been collected in Traffic Impact fees from both San Luis Ranch and other projects that have paid Traffic Impact Fees. Obligating the residents of this community for a project that basically moves vehicles around in different direction that just pushes the eventual gridlock to a different intersection doesn't make a lot of sense due to fact the Dalidio Dr. just T's into Madonna Rd. That really doesn't help much. And now with the developer asking for a significant land use change from Retail/Commercial to residential the traffic volumes are likely to be significantly less. Sincerely, Brett Cross San Luis Obispo 2 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Virus-free.www.avg.com 1 From:Colunga-Lopez, Andrea Sent:Tuesday, February 18, 2025 2:01 PM To:Brett Cross Cc:CityClerk Subject:RE: 7B US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN Hi Brett, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Tuesday, February 18, 2025 1:50 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: 7B US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Council members, I think it's probably time to come to the realization that the Prado Rd overpass as a envisioned isn't financially feasible. The cost estimates have been wildly off since inception of the San Luis Ranch Specific Plan. Cost estimates began at around $28 million, hence the cost sharing amount determined for San Luis Ranch, hence the $9.8 million. Which was approximately 1/3 the total project cost. Costs then escalated to between $32 and $34 million. Then a estimate of $42 or $43 million was revealed in a staff report subsequent to final approval of the San Luis Ranch Specific plan. It should be noted that the proportion that San Luis Ranch was obligated to contribute has not changed with cost estimates. Although I'm not sure where the staff report is getting the $24 Million figure Estimates then increased to around $100 million and now are anticipated to be around $149 million, with City's portion of $109 million? I'm not even sure what the number is actually. Not that it really matters because the City in no way has that money available. 2 I don't how the City believes it can pay for this project. I don't think its very probable. One of my concerns is what happens if the City uses the $9.8 million of developer funds for Plans or is it $24 million?, Specifications and Estimate (PS&E) and then it becomes even more obvious the project cannot be funded through grants or other local tax methods( saile tax increase, property tax increase or other methods). So will this require the city to reimburse the developer those funds that were paid. Now you've spent $9.8 million and will you then be required to basically refund those monies.. I guess I should ask how much has been spent already on this project and where did those funds originate from? The City's best bet at this point is to adopt staff's alternative #1 1. Deny award of PS&E Contract. Direct Staff to investigate reduced scale overpass Concept. Instead of proceeding with PS&E for the current interchange design, Council could instead direct staff not to award the PS&E contract at this time, and to instead explore lower-cost design alternatives that differ significantly from the current scope. Examples of this could include:  Bicycle and Pedestrian Only Overcrossing – propose an overcrossing over Highway 101 without any vehicle lanes The City's second best bet is to complete the Southbound 101 off and on ramps at the Los Osos Valley Road interchange as originally proposed but due to cost wasn't completed and Calle Joaquin. road configuration with a through street to Prado/Dalidio Dr. That can't be more than what has been collected in Traffic Impact fees from both San Luis Ranch and other projects that have paid Traffic Impact Fees. Obligating the residents of this community for a project that basically moves vehicles around in different direction that just pushes the eventual gridlock to a different intersection doesn't make a lot of sense due to fact the Dalidio Dr. just T's into Madonna Rd. That really doesn't help much. And now with the developer asking for a significant land use change from Retail/Commercial to residential the traffic volumes are likely to be significantly less. Sincerely, Brett Cross San Luis Obispo Virus-free.www.avg.com 1 From:Shoresman, Michelle Sent:Tuesday, February 18, 2025 3:43 PM To:Brett Cross Subject:RE: 7B US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN Hi Brett. Thanks for weighing in on this important topic. I am sure there will be robust conversation tonight. Michelle From: Brett Cross < > Sent: Tuesday, February 18, 2025 1:50 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: 7B US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Council members, I think it's probably time to come to the realization that the Prado Rd overpass as a envisioned isn't financially feasible. The cost estimates have been wildly off since inception of the San Luis Ranch Specific Plan. Cost estimates began at around $28 million, hence the cost sharing amount determined for San Luis Ranch, hence the $9.8 million. Which was approximately 1/3 the total project cost. Costs then escalated to between $32 and $34 million. Then a estimate of $42 or $43 million was revealed in a staff report subsequent to final approval of the San Luis Ranch Specific plan. It should be noted that the proportion that San Luis Ranch was obligated to contribute has not changed with cost estimates. Although I'm not sure where the staff report is getting the $24 Million figure Estimates then increased to around $100 million and now are anticipated to be around $149 million, with City's portion of $109 million? I'm not even sure what the number is actually. Not that it really matters because the City in no way has that money available. I don't how the City believes it can pay for this project. I don't think its very probable. One of my concerns is what happens if the City uses the $9.8 million of developer funds for Plans or is it $24 million?, Specifications and Estimate (PS&E) and then it becomes even more obvious the project cannot be funded through grants or other local tax methods( saile tax increase, property tax increase or other methods). So will this require the city to reimburse the developer those funds that were paid. Now you've spent $9.8 million and will you then be required to basically refund those monies.. I guess I should ask how much has been spent already on this project and where did those funds originate from? The City's best bet at this point is to adopt staff's alternative #1 1. Deny award of PS&E Contract. Direct Staff to investigate reduced scale overpass Concept. Instead of proceeding with PS&E for the current interchange design, Council could instead direct staff not to award the PS&E contract at this time, and to instead explore lower-cost design alternatives that differ significantly from the current scope. Examples of this could include:  Bicycle and Pedestrian Only Overcrossing – propose an overcrossing over Highway 101 without any vehicle lanes The City's second best bet is to complete the Southbound 101 off and on ramps at the Los Osos Valley Road interchange as originally proposed but due to cost wasn't completed and Calle Joaquin. road configuration with a through street to Prado/Dalidio Dr. That can't be more than what has been collected in Traffic Impact fees from both San Luis Ranch and other projects that have paid Traffic Impact Fees. 2 Obligating the residents of this community for a project that basically moves vehicles around in different direction that just pushes the eventual gridlock to a different intersection doesn't make a lot of sense due to fact the Dalidio Dr. just T's into Madonna Rd. That really doesn't help much. And now with the developer asking for a significant land use change from Retail/Commercial to residential the traffic volumes are likely to be significantly less. Sincerely, Brett Cross San Luis Obispo Virus-free.www.avg.com 1 From:Brett Cross < > Sent:Friday, February 14, 2025 5:15 PM To:Carolyn Smith; Eugene Jud; 'Calvin and Rosemary Wilvert'; Bill Wilson; Sandra Rowley; Christine Mulholland; Allan Cooper; Dave Congalton; Marx, Jan; cc mc lean; Mila Vujovich-LaBarre Subject:Re: 7.b US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN CONTRACT February 18, 2025 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. I wrote this back to Carolyn that’s there’s no way to make this project happen The city would be better off to take what funding they have available and finish the south bound on and off ramp design for Los Osos rd overpass Brett On Friday, February 14, 2025 at 04:25:01 PM PST, Mila Vujovich-LaBarre < wrote: Dear All - Still fired up after all of these years! The most recent cost states $150 million. Oh my! Hope you are all well! Love, Mila From: Mila Vujovich-LaBarre < Sent: Friday, February 14, 2025 4:19 PM To: emailcouncil@slocity.org <emailcouncil@slocity.org> Subject: Re: 7.b US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN CONTRACT February 18, 2025 February 14, 2025 Mayor Stewart and City Council Members City Hall 990 Palm Street San Luis Obispo, CA 93401 Re: 7.b US 101/PRADO ROAD INTERCHANGE PROJECT UPDATE AND AWARD OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) DESIGN CONTRACT February 18, 2025 2 Dear Mayor Stewart and City Council Members, This letter is to comment on the Prado Road interchange and overpass set to be heard at the City Council meeting on Tuesday, February 18, 2025. My sentiments about the Prado Road overpass and extension have not changed over the years due to the fact there has never been a comprehensive Environmental Impact Report (EIR) for the entirety of this road from Madonna to Broad Street. I also doubt that the interchange and road will fit in the place that it was originally slated for. Concerns remain about the southbound on-ramp to Highway 101 at Madonna Road merging with a southbound exit at Prado Road. In addition, Prado Road was accepted into the LUCE document in 2015 as a “four-lane truck highway” with bike lanes and a pedestrian path. The road was to be from Madonna Road to Broad Street. Back then, and now, I continue to maintain that “Prado Road” with its proposed magnitude does not fit. These comments are due to my past research and communication about this endeavor with City staff and Caltrans for over two decades. If one takes a tape measure and physically goes along the proposed course of Prado Road, one can see what my concerns are. The basic math is as follows: Four lanes for cars and trucks: 4 lanes x 12 feet 48 feet Turn lane: 12 feet Bike paths: 2 lanes x 6 feet 12 feet Sidewalks: 2 sidewalks x 6 feet 12 feet Total: 84 feet If we, as a City, are going forward with the construction of a Prado Road Interchange and the Prado Road, it is critical that a comprehensive Environmental Impact Report (EIR) of Prado Road be done from Broad Street to Madonna Road. Currently, the construction of Prado Road is being “piecemealed” or “segmented” which, in my research, is not legal and is in violation of CEQA guidelines. Please feel free to correct me if I am wrong. Prado Road as an East-West connector has been on the San Luis Obispo City Plan since 1960. There has never been a comprehensive Environmental Impact Report(EIR) of Prado Road analyzing the cumulative impacts, the cost, and the feasibility of it. Our City staff will say that Prado Road has been adequately “studied” over the years. Now is the time for facts, figures, costs, and a timeline to be exposed for transparency so that the benefits or detriments of these projects will be revealed. It is my opinion that both the North-South impacts and the East-West impacts must be addressed together by Caltrans and the City of San Luis Obispo. A comprehensive Environmental Impact Report (EIR) involving all of the stakeholders including the residents of the developments should be conducted before one more hour is spent on the design of the interchange and overpass. During the LUCE process in 2015, I attended a majority of the meetings. Many of the residential units approved via the LUCE Master Plan have been built, without the approved traffic infrastructure to support them. Fees were paid by developers so that they could develop their properties before the traffic infrastructure was created. 3 This leads to another question, where are those fees now and how much is in the account for Prado Road? Again, “Prado Road” is in the General Plan as a “four-lane truck highway” however, when portions of Prado Road have been built by developers, they have been allowed to build roads that are more narrow, as in the Serra Meadows new home development on the East side of Highway 101 and the other section of “Prado Road,” on the west side of Highway 101 now known as “Dalidio Drive.” In addition, the part that is near and dear to my heart is the land that was purchased for the Damon Garcia Sports Fields. I have the documents to remind everyone that 24 acres were purchased for $2 million dollars for "recreation" - not a road. There has never been an EIR conducted for putting a road at that location. Ever. The land was purchased for "recreation". The Army Corps of Engineers supported the construction of the Damon-Garcia Sports Fields for "recreation" - not the construction of the road - at that location due to that very fact. City residents legally deserve the remaining seven acres adjacent to the sports fields to be used for recreation. There are multiple possible uses for that land including a bike lane, play yard, or even possibly a pickleball court. Also, identified Native American artifacts are adjacent to that land. Additionally, the proposed intersection of a future Prado Road at Broad Street has long been a concern of mine. Having a four-lane truck highway adjacent to the Damon-Garcia Sports Fields will create environmental hazards for sports enthusiasts and add an additional stop light at Prado Road along Broad Street. The late Mayor Dave Romero and I, as well as other concerned citizens including Eugene Jud and the late Jamie Lopes, long advocated for the fact that that the “extension of Prado Road” should go south to Santa Fe Road at a widened Tank Farm Road to protect the integrity of the Damon-Garcia Sports Fields and to benefit traffic circulation. Citizens should not bear any cost for this interchange. Originally, during City planning discussions for the last 20 years, City employees and developers stated that the developers of Serra Meadows, Avila Ranch, Righetti Ranch, and San Luis Ranch homes would be contributing a substantial portion of the needed funds. The most recent reports make it appear that the cost for this interchange and overpass will be passed on to the residents of San Luis Obispo. Be logical. Please delay any additional approval of this project and demand that a comprehensive Environmental Impact Report of Prado Road from Madonna Road to Broad Street be executed. Thank you for your consideration. I look forward to a response to my concerns. Cordially, Mila Vujovich-La Barre 1 From:Brett Cross < > Sent:Monday, February 3, 2025 12:01 PM To:E-mail Council Website Subject:St. Fratty's Day and St. Patrick's Day Presentations This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council Members, So I was looking at the agenda bulletin board out in front of City Hall last week and I was wondering to myself, "wasn't the police department going to give an update on St. Fratty's day planning?" I knew that there was going to be a presentation because there had been discussion at SCLC at one of meetings. But I couldn't find it. There was an item about March Safety Enhancement Zone response planning with Cal Poly presenting as well. I'm assuming that is the St. Fratty's Day plan. I don't know because I can open the item. Or maybe there isn't a staff report. Anyway, the description of the item doesn't do a very good job at informing the public what the item is actually about. I don't know how items are described and if there are some principles are policies regarding agenda items are worded but certainly in this case I don't think anyone taking a cursory look at the item would have any idea what it about. Sincerely, , Brett Cross San Luis Obispo To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Virus-free.www.avg.com 1 From:Shoresman, Michelle Sent:Monday, February 3, 2025 10:07 PM To:Brett Cross Subject:RE: St. Fratty's Day and St. Patrick's Day Presentations Hi Brett, I also just learned that the full presentation will be published as agenda correspondence tomorrow, so that should provide more clarity for anyone that wants it. Thank you, Michelle From: Shoresman, Michelle Sent: Monday, February 3, 2025 8:03 PM To: Brett Cross < > Subject: RE: St. Fratty's Day and St. Patrick's Day Presentations Thanks Brett, for your question. There is no staff report because it is a presentation. Those don’t have staff reports because they are just information, not an item that we are providing feedback or direction on. I appreciate that maybe the description posted in the agenda is not as descriptive as you might have liked. I was pretty clear what it was about when I saw it, but I can appreciate that it might not have been to everyone. I am confident that you will help spread the word as to the intent of the presentation, which, to my understanding will cover all the issues we have been discussing at SCLC, and before. Thanks for the suggestion for the future. Michelle From: Brett Cross < > Sent: Monday, February 3, 2025 12:01 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: St. Fratty's Day and St. Patrick's Day Presentations This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council Members, So I was looking at the agenda bulletin board out in front of City Hall last week and I was wondering to myself, "wasn't the police department going to give an update on St. Fratty's day planning?" I knew that there was going to be a presentation because there had been discussion at SCLC at one of meetings. But I couldn't find it. There was an item about March Safety Enhancement Zone response planning with Cal Poly presenting as well. I'm assuming that is the St. Fratty's Day plan. I don't know because I can open the item. Or maybe there isn't a staff report. Anyway, the description of the item doesn't do a very good job at informing the public what the item is actually about. I don't know how items are described and if there are some principles are policies regarding agenda items are worded but certainly in this case I don't think anyone taking a cursory look at the item would have any idea what it about. Sincerely, 2 , Brett Cross San Luis Obispo Virus-free.www.avg.com 1 From:Colunga-Lopez, Andrea Sent:Monday, February 3, 2025 1:59 PM To:Brett Cross Cc:CityClerk Subject:RE: St. Fratty's Day and St. Patrick's Day Presentations Hi Brett, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tomorrow’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < > Sent: Monday, February 3, 2025 12:01 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: St. Fratty's Day and St. Patrick's Day Presentations This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council Members, So I was looking at the agenda bulletin board out in front of City Hall last week and I was wondering to myself, "wasn't the police department going to give an update on St. Fratty's day planning?" I knew that there was going to be a presentation because there had been discussion at SCLC at one of meetings. But I couldn't find it. There was an item about March Safety Enhancement Zone response planning with Cal Poly presenting as well. I'm assuming that is the St. Fratty's Day plan. I don't know because I can open the item. Or maybe there isn't a staff report. Anyway, the description of the item doesn't do a very good job at informing the public what the item is actually about. I don't know how items are described and if there are some principles are policies regarding agenda items are worded but certainly in this case I don't think anyone taking a cursory look at the item would have any idea what it about. Sincerely, , 2 Brett Cross San Luis Obispo Virus-free.www.avg.com 1 From:Shoresman, Michelle Sent:Monday, February 3, 2025 8:03 PM To:Brett Cross Subject:RE: St. Fratty's Day and St. Patrick's Day Presentations Thanks Brett, for your question. There is no staff report because it is a presentation. Those don’t have staff reports because they are just information, not an item that we are providing feedback or direction on. I appreciate that maybe the description posted in the agenda is not as descriptive as you might have liked. I was pretty clear what it was about when I saw it, but I can appreciate that it might not have been to everyone. I am confident that you will help spread the word as to the intent of the presentation, which, to my understanding will cover all the issues we have been discussing at SCLC, and before. Thanks for the suggestion for the future. Michelle From: Brett Cross < > Sent: Monday, February 3, 2025 12:01 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: St. Fratty's Day and St. Patrick's Day Presentations This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council Members, So I was looking at the agenda bulletin board out in front of City Hall last week and I was wondering to myself, "wasn't the police department going to give an update on St. Fratty's day planning?" I knew that there was going to be a presentation because there had been discussion at SCLC at one of meetings. But I couldn't find it. There was an item about March Safety Enhancement Zone response planning with Cal Poly presenting as well. I'm assuming that is the St. Fratty's Day plan. I don't know because I can open the item. Or maybe there isn't a staff report. Anyway, the description of the item doesn't do a very good job at informing the public what the item is actually about. I don't know how items are described and if there are some principles are policies regarding agenda items are worded but certainly in this case I don't think anyone taking a cursory look at the item would have any idea what it about. Sincerely, , Brett Cross San Luis Obispo Virus-free.www.avg.com