HomeMy WebLinkAbout5200-5216RESOLUTION NO. 5216 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO IN SUPPORT.OF PROTECTIVE PROVISIONS
IN THE FY 1984 INTERIOR APPROPRIATIONS BILL,
AFFECTING CALIFORNIA OCS LEASING
WHEREAS, the City of San Luis Obispo has previously passed
Resolution 5145 (1983 Series) supporting pending bipartisan legislation
in the U. S. Congress, placing a moratorium on offshore oil drilling
on the outer continental shelf; and
WHEREAS, the U. S. House of Representatives did in July 1983 adopt
provisions, attached to the Interior Appropriations Bill by FY 1984,
which would preclude funding for the conduct of certain OCS leasing
activities in specific portions of the central /northern and southern
California OCS planning area; and
WHEREAS, during September 1983 the U. S. Senate will engage in
deliberations over the final version of the FY 1984 Interior Appropri-
ations Bill;
NOW,THEREFORE, BE IT RESOLVED that the City Council of San Luis
Obispo, California does hereby urge the U. S. Congress and the President
to support provisions in the FY 1984 Interior Appropriations Bill which
would preclude funding for the conduct of OCS leasing activities in certain
planning areas consistent with those areas qualified in pending moratorium
legislation.
BE IT FURTHER RESOLVED that this resolution shall be forwarded to the
President and all members of the U. S. Congress who are involved in the
approval of the Interior Appropriations Bill for FY 1984.
R 5216
71
Resolution No. 5216 (1983 Series)
r
On motion of Councilman Dunin, seconded by Councilman Settle,
and on the following roll -call vote:
Page 2
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution is passed and adopted this 6th day of
September, 1983.
W A X W W A F R
Resolution No. 5216(' )$3 Series) Page 3
APPROVED:
City AdmiAstrAtive Officer
�i /� �' ��
�� n
_ ,�
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I�
RESOLUTION NO. 5215 (1983 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO COUNTY YOUTH SYMPHONY
FOR CITY TO PAY ASSOCIATION $1,500.00 TO BE
EXPENDED FOR FISCAL YEAR 1983 -84
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
A and incorporated herein by reference, between the City of San Luis
Obispo and San Luis Obispo County Youth Symphony is hereby approved and
the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Obispo
County Youth Symphony; City Finance Director.
On motion of Councilman Dunin , seconded by Councilman Settle
and on the following roll -call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution is passed and adopted this 6th day of
September, 1983.
W x x x x W W x
R 5215
RESOLUTION NO. 5215— '(1983 Series) Page 2
APPROVED:
ity Admi ratLiy Officer
/City Attorney
PM MM.'
.
,� I
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1983 -84
SAN LUIS OBISPO COUNTY YOUTH SYMPHONY
This agreement is made and entered into this sixth day of
September, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (referred to herein as "City "), and SAN LUIS
OBISPO COUNTY YOUTH SYMPHONY (referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit -of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to
conduct its program; and
WHEREAS, City has appropriated One Thousand Five Hundred Dollars
($1,500.00) in the 1983 -84 budget for the purpose of assisting
Association in its endeavors;
1. City agrees to pay Association the sum of One Thousand Five
Hundred Dollars ($1,500.00) to be expended for the publicity and
production of concerts to be held by the Association during the 1983 -84
concert season.
2. On or before April 15, 1984, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1984.
3. Association and all of its agents, representatives, and parti-
cipants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors, or
volunteers for Association and shall not for any purpose be considered
as employees or agents of City. Association agrees to hold City harm-
less and to defend City in any action, proceeding, or hearing wherein
the cause of action or claim is based upon an allegation that any person
acting on behalf of Association or the Association itself is an employee
or agent of the City including, without limitation, all actions and
claims based upon contract, tort, or statutory provisions.
4. For purposes of notice under this Agreement, all notices shall
be considered effective upon being sent by certified mail to the
following addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA. 93406
Association: San Luis Obispo County Youth Symphony
P.O. Box 430
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
SAN LUIS OBISPO COUNTY YOUTH SYMPHONY
By: a% S,/
Name: Zs g /
Title: �s ¢
CITY:
Page 2
RESOLUTION NO. 5214 (1983 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO COUNTY SYMPHONY
FOR CITY TO PAY ASSOCIATION $5,000.00 TO BE
EXPENDED FOR FISCAL YEAR 1983 -84
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
A and incorporated herein by reference, between the City of San Luis
Obispo and San Luis Obispo County Symphony is hereby approved and the
Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Obispo
County Symphony; City Finance Director.
On motion of Councilman Dunin seconded by Councilman Settla,
and on the following roll -call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
raiMAZU�i f.Tm
the foregoing resolution is passed and adopted this 6th day of
September, 1983.
85214
RESOLUTION NO. 5214 (1983 Series)
APPROVED:
City 'AdmineAratXv'e Officer
pity Attorney
Page 2
t
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1983 -84
SAN LUIS OBISPO COUNTY SYMPHONY
This agreement is made and entered into this sixth day of
September, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (referred to herein as "City "), and SAN LUIS
OBISPO COUNTY SYMPHONY (referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to
conduct its program; and
WHEREAS, City has appropriated Five Thousand Dollars ($5,000.00) in
the 1983 -84 budget for the purpose of assisting Association in its
endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Five Thousand Dollars
($5,000.00) to be expended for the publicity and production of concerts
to be held by Association during the 1983 -84 concert season.
2. On or before April 15, 1984, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1984.
Page 1
3. Association and all of its agents, representatives, and parti-
cipants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors, or
volunteers for Association and shall not for any purpose be considered
as employees or agents of City. Association agrees to hold City harm-
less and to defend City in any action, proceeding, or hearing wherein
the cause of action or claim is based upon an allegation that any person
acting on behalf of Association or the Association itself is an employee
or agent of the City including, without limitation, all actions and
claims based upon contract, tort, or statutory provisions.
4. For purposes of notice under this Agreement, all notices shall
be considered effective upon being sent by certified mail to the
following addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
Association: San Luis Obispo County Symphony Association
P.O. Box 658
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
SAN LUIS OBISPO COUNTY SYMPHONY
ASSOCI ' ON �k
By:
Name • tam/k 6 /
Title:
CITY:
Page 2
0
RESOLUTION NO. 5213 (1983 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO COUNTY BAND, INC.
FOR CITY TO PAY ASSOCIATION $19500.00 TO BE
EXPENDED FOR FISCAL YEAR 1983 =84
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
A and incorporated herein by reference, between the City of San Luis
Obispo and San Luis Obispo County Band, Inc. is hereby approved and the
Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Obispo
County Band, Inc.; City Finance Director.
On motion of Councilman Dunifi seconded by Councilman Settle,
and on the following roll -call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution is passed and adopted this 6th day of
September, 1983.
N R N N N R N N
R 5213
RESOLUTION NO. 5213 (1983 Series) Page 2
APPROVED:
City Adm' 'str ive fficer
)k &� y -
Attorney
C�
A G R E E M E N T
a�
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1983 -84
SAN LUIS OBISPO COUNTY BAND, INC.
This agreement is made and entered into this sixth day of
September, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (referred to herein as "City "), and SAN LUIS
OBISPO COUNTY.BAND, INC. (referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to
conduct its program; and
WHEREAS, City has appropriated One Thousand Five Hundred Dollars
($1,500.00) in the 1983 -84 budget for the purpose of assisting
Association in its endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of One Thousand Five
Hundred Dollars ($1,500.00) to be expended for performances throughout
the year.
2. On or before April 15, 1984, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1984.
Page 1
3. Association and all of its agents, representatives, and parti-
cipants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors, or
volunteers for Association and shall not for any purpose be considered
as employees or agents of City. Association agrees to hold City harm-
less and to defend City in any action, proceeding, or hearing wherein
the cause of action or claim is based upon an allegation that any person
acting on behalf of Association or the Association itself is an employee
or agent of the City including, without limitation, all actions and
claims based upon contract, tort, or statutory provisions.
4. For purposes of notice under this Agreement, all notices shall
be considered effective upon being sent by certified mail to the
following addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
Association: San Luis Obispo County Band, Inc.
P.O. Box 135
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
SAN LUIS OBISPO COUNTY BAND, INC.
By:
Name • us
Titl .
CITY:
Page 2
RESOLUTION NO. 5212 (1983 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND,
SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION
FOR CITY TO PAY ASSOCIATION $59000.00 TO BE
EXPENDED FOR FISCAL YEAR 1983 -84
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
A and incorporated herein by reference, between the City of San Luis
Obispo and San Luis Obispo Mozart Festival Association is hereby
approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Obispo
Mozart Festival Association; City Finance Director.
On motion of Councilman Dunin , seconded by Councilman Settle,
and on the following roll -call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution is passed and adopted this 6th day of
September, 1983.
R 5212
RESOLUTION NO. 5212 (1983 Series)
APPROVED:
City Admlnistfa'tive Officer
a
ity Attorney
Page 2
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1983 =84
SAN LUIS OBISPO MOZART FESTIVAL ASSOCIATION
This agreement is made and entered into this sixth day of
September, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (referred to herein as "City "), and SAN LUIS
OBISPO MOZART FESTIVAL ASSOCIATION (referred to herein as
"Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to
conduct its program; and
WHEREAS, City has appropriated Five Thousand Dollars ($5,000.00) in
the 1983 -84 budget for the purpose of assisting Association in its
endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Five Thousand Dollars
($5,000.00) to be expended for the 1984 Mozart Festival;
2. On or before April 15, 1984, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1984.
Page 1
3. Association and all of its agents, representatives, and parti-
cipants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors, or
volunteers for Association and shall not for any purpose be considered
as employees or agents of City. Association agrees to hold City harm-
less and to defend City in any action, proceeding, or hearing wherein
the cause of action or claim is based upon an allegation that any person
acting on behalf of Association or the Association itself is an employee
or agent of the City including, without limitation, all actions and
claims based upon contract, tort, or statutory provisions.
4. For purposes of notice under this Agreement, all notices shall
be considered effective upon being sent by certified mail to the
following addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
Association: San Luis Obispo Mozart Festival Association
P.O. Box 311
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
SAN LUIS OBISPO MOZAR FESTIVAL
By:
Name. /
Title: 4
CITY:
Page 2
RESOLUTION NO. 5211 (1983 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO ART ASSOCIATION
FOR CITY TO PAY ASSOCIATION $3,000.00 TO BE
EXPENDED FOR FISCAL YEAR 1983 -84
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
A and incorporated herein by reference, between the City of San Luis
Obispo and San Luis Obispo Art Association is hereby approved and the
Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Obispo
Art Association; City Finance Director.
On motion of Councilman Dunin , seconded by Councilman Settle,
and on the following roll -call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution is passed and adopted this 6th day of
September, 1983.
V V W x x x a x
R 5211
RESOLUTION NO. 5211 (1983 Series) Page 2
APPROVED:
OL
City ApWinistefative Officer
#V"/ City Attorney
MINOR
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO
TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR
FISCAL YEAR 1983 -84
SAN LUIS OBISPO ART ASSOCIATION
This agreement is made and entered into this sixth day of
September, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered
municipal corporation (referred to herein as "City "), and SAN LUIS
OBISPO ART ASSOCIATION (referred to herein as "Association ").
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic, and educational nature for the benefit of the City's
residents and for the promotion of the City as an inviting place for
visitors and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to
conduct its program; and
WHEREAS, City has appropriated. Three Thousand Dollars ($3,000.00)
in the 1983 -84 budget for the purpose of assisting Association in its
endeavors;
NOW THEREFORE:
1. City agrees to pay Association the sum of Three Thousand
Dollars ($3,000.00) to be expended for the purpose of operating the San Luis
Obispo Art - Center.
2. On or before April 15, 1984, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending March 31, 1984.
Page 1
3. Association and all of its agents, representatives, and parti-
cipants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors, or
volunteers for Association and shall not for any purpose be considered
as employees or agents of City. Association agrees to hold City harm-
less and to defend City in any action, proceeding, or hearing wherein
the cause of action or claim is based upon an allegation that any person
acting on behalf of Association or the Association itself is an employee
or agent of the City including, without limitation, all actions and
claims based upon contract, tort, or statutory provisions.
4. For purposes of notice under this Agreement, all notices shall
be considered effective upon being sent by certified mail to the
following addresses:
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
Association: San Luis Obispo Art Association
P.O._ Box 813
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized as of the date first written
above.
ASSOCIATION:
SAID
By:
Nau
Tit
CITY:
Page 2
RESOLUTION NO. 5210 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
AMERICAN BELL, INC., FOR INSTALLATION OF HORIZON AT
CORPORATION YARD
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION L. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo
and American Bell, Inc., is hereby approved and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to.: American Bell, Inc.,
Public Works Director; Project Coordinators; Finance Director
On motion of Councilman Dunin seconded by Councilman Settle
and on the following roll_ .call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of SeptembQr
1983.
R 5210
Resolution No. `5210,,__,.983 Series)
Page 2
Approved:
Paux— 0- S
City Administrative Officef
Ci At ey
u
I
I
American Bell Inc. ( "ABI ")
EXHIBIT "A"
Contract %o. A 0 0 3 4 2 9 9 3
SERVICE /PURCHASE AGREEMENT
Address7170 N. FINANCIAL DRIVE
FRESNO, CA 93710
ABI and Customer agree that the following terms and conditions will
apply to any order under this Agreement for the provision or sale of
products and services to Customer by ABI.
1. COVERAGE
ABI will provide for Customer's use the communications and
information systems products and services set forth in any Ser-
vice Agreement Equipment Supplement or other service order
and will sell the products set forth in any Purchase Agreement
Equipment Supplement or other purchase order.. Title to
_ software and other programs used with the products shall remain
with ABI or its suppliers. All orders placed by Customer and
accepted by ABI will become an integral part of this Agreement.
2. TERM
A. This Agreement will become effective when signed by Cus-
tomer and subsequently accepted in writing by ABI and will con-
tinue until terminated as provided herein. Any order under this
Agreement will be effective when placed by Customer and ac-
cepted by ABI.
B. For products provided under a Service Agreement Equip-
.. ment Supplement or other service order, the service period will
begin the day following the date the product is installed, if in-
stalled by ABI, or on the day following the date of delivery to
Customer if not installed by ABI. Upon expiration of the service
period, the order will be automatically renewed for a like period
or for the next shorter period if the original one is not offered at
the time of renewal, unless written notice to the contrary is re-
ceived by either party from the other at least ninety (90) days
prior to the expiration of the service period. If the service period
is less than ninety (90) days, thirty (30) days' notice will be re-
quired. Renewals will be at the price and on the terms and condi-
tions of ABI then in effect at the time of renewal.
3. INSTALLATION
A. ABI will install the products provided under a service or
purchase order if installation charges are separately set forth on
the Equipment Supplement or other order. Customer agrees to
pay such charges. Customer agrees to provide the proper envi-
ronment and electrical and telecommunications connections as
specified by ABI.
B. ABI will make reasonable efforts to complete installation/
delivery of the products or services by the installation /delivery
date set forth in the Equipment Supplement or other order and
will notify Customer as soon as practicable of any delay. Cus-
tomer agrees to notify ABI as soon as practicable if Customer
requires postponement of the installation/ delivery date.
C. If ABI performs any moves or changes or other speciaLs.er-
vices for Customer, Customer :agrees to pay ABI's applicable
charges.
4. USE AND MAINTENANCE UNDER SERVICE ORDERS
A. ABI will.maintain in good working order during the service
period products provided under Service Agreement Equipment
Supplements or other service orders.
Customer Name CITY OF SAN LUIS OBISP(OCustomer")
Address P•O.BOX 321
SAN LUIS OBISPO, CA 93406
B. ABI will provide, at no extra charge, such training, instruc-
tional material and other support services as is standard for the
product or service ordered. Additional training, instructional
material and support services may be available for an.additional
charge.
C. Customer agrees to use the products and perform any
authorized installation and maintenance on the products in a
careful and proper manner and in accordance with any manuals
and instructions provided by .ABI. Customer will not perform,
or permit others to perform, any installation or maintenance un-
less it is expressly authorized by ABI and will pay the cost of
repairs necessitated by unauthorized work.
U. The products shall be used by Customer only at the loca-
tions) specified in the Service Agreement Equipment Supple-
ment or other service order and shall not be removed or relocated
by Customer except as expressly authorized by ABI.
E. Customer will not make any modifications in the products
without the written permission of ABI. If, in the opinion of ABI.
any modifications, whether or not made with the permission of
ABI, interfere with the normal operation or maintenance of the
products or create a safety hazard, Customer swill, at its expense,
remove the modification or pay any additional costs ABI incurs
because of the modification.
F. During the term of this Agreement, Customer shall permit
.ABI reasonable access to the products to enable ABI to perform
any necessary inspection. testing, maintenance or repair.
S. SERVICE AGREEMENT UPGRADES..ADD/TIONSAAD
PAYMENT OPTIONS
A. The Service Agreement Appendix attached hereto and in-
corporatedby reference sets forth the terms and conditions upon
which upgrades and additions nmv be made to products provided
to Customer under service orders.
B. The Service Agreement Appendix also sets forth certain
Customer options with respect to changes in service periods and
lump sum payment.
6. PRICE AND PAYNIENT
A. Service Orders. Products and services will be provided at
the charges and for the period specified in the Service Agreement
Equipment Supplement or other service order. Monthly charges
will be billed in advance. One -time charges will be billed as in-
curred. Payment is due within thirty (30) days of the invoice
date. When a product is installed for part of a month, the
monthly charges will be prorated on the basis of a thirty (30) day
month. A minimum of three (3) months' charges will apply on all
products initially provided on a month -to -month service period.
B. Purchase Orders. Products will be sold for the charges set
forth on the Purchase Agreement Equipment Supplement or
other purchase order. Payment is due within thirty (30) days of
the invoice date. Both new and used products will be available
for -sale. Products sold as new will qualify as.new under existing
ORIGINAL COPY
Federal tax laws. Cr16-2&
•
7. APPLIC.411LEPRICES
The prices set forill on any Equipment Supplement or other oj-
der are those that skill apply [or (he scheduled inslallationldelit ,„
ei v date' slio%vri A the order. I [ installation.,' delivery is post"
polled b) Customer - rioic than'I'Hirt'Y' - the : p ice . s N %it I be
those in effect on thCrieve iniilbllation/delivci.gIdare.
S. TAXES
Cusiomcr agrees, to pay,any -saics. use or, other jocal,. state and'.1
Federal taxes, however desigruited,(cxcludirigjaxeslo ABI's•nel
Income). imposed on or based upon the provision, sale or use of
the products or e;vices provided under this .Agreement. rases
will be separately stated on CLIStonlCr'S invoice or ,taicnicnt of
9. S11WIIENT
All shipping, rig-unt, and'other d6iination chitfge% will be in-
voiced by AM and paid by CustUrier.
lo. nTLE AND RISK OF LOSS
A. Service Orders.
1. All products provided urlder'ser6ccordcrs will remain the
peronil property of ABI whether of 'riot attached to or
embedded in reah"'.
2. All[ will Neafilie risk of loss or damage it) the products.
except that Cusiorincr will be liable to ABI for the cost of
repair or replacement ol'products l6si:'0r.d1maged'1s a result
orally illtellLi6llal acts, unauthorized
installation or niaifincnance or tither cause within Ilic reason-
able control of Cuslorrfcl, its employees or agents,
is. Purchase Orders.
I. For products not alread.N. in Customer's piisIscssioti, title
shall Pas, ILI Customer on the (title of shipment from ABI.
For products already title ..shall
pas, it) CuS;t.Ymcr in ihcdate Customer's ordcr.is accepted by
ABI. 1. 1.
2. For products not alreidy,in Customer's possession, risk
of lu,c passes I,) Cusiorner when the products are delivered to
Cusicilici. AM will bear the risk ol. loss to products Mide in
transit to Customer. FuLpioducts already in Cusiomer's pos-
,se,,ion- risK of ions pasws to Customer oil the date Cus-
tomer'; order is accepted by A131.
I/. SECt:R11'YL`VTF'UhS7"
A. ABI or its assign hall ha%c i purchase money v security inter-
est in any and all pruducts, together with all prociceds and re-
placerneht,, sold or provided to Ctislooler pursuant II) each or-
der under this Agreement until 311 charges, including insiallillioll
change, set forth on that order are paid in fill[.
H. Customer agrees that ABI may v file or rccordr this Agree-
ment. any urdei , placed d hereunder and any othei,appficablc Joe-,
unient a., rimy be necessary to protect the interest of ABI or its
assign in the - products. Customer agrees to execute and deliver
any LJOCUIllentI, reasonably requested by ABI for such purpose.
/:. KARRANTYA.s'D RARRANTYEX•LUSIONS
';'1 f' j:*JIjl i;S'A '=j Weir",
find Will bii`riffidbid ail Je- U"540"acir, �,lixw4ffise , , it o - r U - S - toi - n , e - f will
-
payany extra costs- ABU inE&s 6ijiUsi'6fi- tMe'.modi fiation.
- e.:-" I- ej r, "x mu f�n) ,,,
C.- The warranties provided, hereip- do,flo; cover, dam4i�i,,c!6-
00-
fects. dialfunctions orserivice failura.qiusidd,4y:
.:I _`11I 11 -�. ; ? , IIIj, by
.-A.,;.AAcimer's failure, ti:5,1ollowc ✓AeBlfvdasiailadori ;-.,opera-;
tion,or,.ru;iinLenance.instruaiorfs; ct.•:r.c.! .L, c !;i, •vjr*•
itiodifications:qf the products;
3. Customer's,abuse, misuse.or negligent acts; and
%-) I . �.Fh I-- -
4 1 `ks to sold *products, prily, p6wer fyiilure or surges, fire,
flood, a'Zxiiiclern, actions of third panics and other evc'hlisou�i;
siaic"Agl"s' 'C' "' I " "1" '14 - ', "f
it� EL I ... VRS `MAKE I'-
' � N -),- U/' A A 9 I N_ T I kS,l " X'
k I FY.' AN W SPk6 F. I (b A ETY
I S' C.'V.-A�
- INI, ANY WAR1
RANTY,'OPMERCHANTABILITY. OR FITNESS FOR A
PAR'I'ICULAR':PURPi)SEiNk,(.'.K-!'.-,'%•
, . I—' ... 'i.'. %; :j , _ �!,i, , , � , .
/3. P4 TENTA IVD, COPYRIGI EAYNITY
, 1. .1 ... I , .: TIND I. , .. ..I. ,
A131 will defend orset tie. ai its own.expensel any action brought
against.Customer to.the extent that it is based on a claim that any
product(,N) provided by ABI pursuant to this Agreement infringe
any,U.S.,corivrighi or patem;,and ABI will pay,'thosecosis,,qam,.
ages aild C'usion I icrIni.isny
such action-a'nribultab'le io,arly ',, such 'clairr. butsuch defense, set-
` " ' .1 1. �.. - ., .,. .. I . I :j
Ll�[I)Clltsajld'i rl�ymcni-s'aic conditioned on [tie, following:_(I)that,
,\Hl shall be"notTri'ed
promptly, in,writi g,by".Custo f
I _ -1.1 I—, f'.. -.1-n P!�FIP -4qy
such clai I (2)lhaFABI shall have sole control of the defense of
icily action on ' I- "' — for -I-
golialions nsseliternent
or comprorfiisdf:(3) thiii, Custo,rmr"slia'll' coblicriatc, , 1 1 , , � . I., �Ij
vvith ABI in a-
such
tictwof prod ticts �proJided by'ABIt-withtproducts provided by
others:.an&(5lshould7s - uch prod uct(q. become,, :or in ABI's opin,
ion be.likelv, to become.. the subject of^suchfclaim of*infringe-
menwthen Customer shall permiliABI, atABI)i option and ex-
pense, either: - io'(a) procirre,for Cuslornerithe right*to continue
using the product(swor (b) replace or modify, the stirrie:sorthat it
becomes npninfrihiiing and functionally equivalem:,or fc) upon
failure or (a) and (b) above despite the reasonable efforts of
ABI, ror a. sold, product. bus, back the prod tie[ (s). -.it the Cus-
tonier.'s purchase price, less depreciation calculated at aIn,'cq*u3I
amount perYca r, o ver t 11 c I I fe ci f. I h e 0 rod u ct - as , set It v A It 1; or for.
it produci strpyiad,undcr a service
wilhoul pen
aity CIPSI:oiller - s use OF the product(s). This Section states the en-
tire liability ol' ABI with respect to the infringement of copy-_
rights and, patents- by--the products :provjded here-Undei or the
operation thereof.
A. Service Order. ABI warrants that all products prow ided for
Custoincr's use under service orders will be in I, working 1 14. SOFTR.AREAND OTHER INFORMATION
good i,
der on the date their service period begins and that AM will re- Any and all documentation; i * nformarion and software ownQdby
pair the products, without charge for parts and labor, if they v fail ABI and its supplit!'is'anId, prtiv,id-ed-to Customer by ABI. for use
I o work during the service period or any renewal service period, with products provided to Customer under this Agreement shall
emainji c,propertyot. 6nr
, : W _9Gn—Is _usl dl�'h per-i
B. Purchase Order. 'r "
sonal, nontran.WFable•'5Wd nonexclu'siv'e l
icensej 'tb'ubc all such
I. ABI warrants that all products sold.to Customer will be documentation,- technical information, confidential business.in-
in good working order on the date title passes to Customer, f . '= '11 software and related;docurriemation. in what-
661 %cil' V .9rmanon a
and that ABI will repair the proddR� "information"),,-
argefor.r, �1,
parts and labor, if they fail to work, if Customer notifies AM which.are: furnished:''
urnished. to, Clist6mcr,,ui I nderi- or in, contemplation of
within one (I I year from the date title passes to Customer of this Agreement.. s,ubjw; tothe following terms and conditions:
such failure. if ABI determines that the product cannot be
placed in good working order. ABI, at its option, may either 1. All such-inforrhalicip sholl-rinnaiTt,the-pr.operE'} -,of ABI,orits-
replace the product or refund the purchase price. Repair supplier..
parts may be new or equivalent to new in performance. They 2. Such inrormation:
Ivill be furnished on an exchange ange basis, and the returned 6) shalLbe.6sed'b I v Clikornei only to &dcr or to evaluate.
parts will become the properly of ABI, for that purpose A . Bl, . products,'or, to install, stall, operatej or
2. During the %w art unty period, Customer will advise ABI ut maintain the particulaf product for which it wa initially
any change in the street address of [tie products. The war- furnished-,
0-16-.27
•. _ . (b). shall be used solely for: Customers :internal business
ity to secure products, transportation facilities, acts or omissions
�t< .purposes; - :.: � - :. -.. �.-• : :.. ..;
of carriers, or other causes beyond its reasonable control.
(c) ,shall nor beVeproduced or copied, in whole or in part
"Nether or not similar to theJoregoing:
excepras'nucssary ' for'use'ass'authodird herein ;,end
3. ABI shall nv[.be liable for any delay, loss, damage or prud-
(d) shall, together with any �ropic3 thereof, be returned ur
hereof
act I;rilure attributable to any service, equipment or actions of
_.. destroyed. or,may, if iri ttie fonmof`sgftware :recorded on an
any' person other than its employee. and agents;
erasabtcstoraga medwm,.be erased needed
4. Any legal action arising from or in connection with fatally
or perfntiile for use with the product for it.was iii•
product defect or any partial or total failure in any produce or
Bally furnished.
service provided -to Customer, or (b)any installation, nlainto-
3:' ;Unless ABI'consems io writiflg,rsuch information except Ivor
Rance or repair work perforated for Customer, roust he brought
: .any parr thereofwhieh'is'knomn wCustomer.freeof airy obliga-
within two (2) years after the cause of action arises; and
lion to keep in confidettcc, or.which beLomes :gencrally^ known to
the public through acts not. atiributabte.iolCustOmer or is inde-
5. It is understood and agreed that ABI is-not an insurer and
pcodently °dcvrloped'by ;Customer; shaIVbearuaIecI:in cont'idence
that the prices of the: products and services, including installa-
by Customer,
lion, maintenance and repair, provided, sold or performed here-
under are based solely on their value and [he scope of the liabili-
4. Such information may he disclosed to other persons• solely
ties set forth in this Agreement and are unrelated to the potcu[ia1
for the purpose of installing, operating or maintaining the par -
for indirect, incidental, consequential or other damages. ABI
ocular product for which it was furnished, provided .such other
and Customer agree that this allocation of risk and liability is
person agrees In writing to the same conditions respecting use
fait, reasonable and not nnon>clonable.
and confidentiality of information contained in this paragraph 11
and ABI is furnished with a copy of such writing.
15. lf,1'C L UMV1i RE'XIEDIE..S 17.
TERM/N.477(),h'
A. If Customer experiences a defect or any partial or to all fail.
A. This Agreement and any service order which hecoutes part
ure in any product or service. provided under this Agreement,
of this Agreement may he terminated by Customer on thing (:it)
Customer shall, as a condition to any claim for refund or recov-
days' written notice to ABI. If ternlina[ ion precedes expiration
cry of damages, promptly notify ABI.
of the service period shown on any service order, Customer „ill
B. If a failure or defect in a product under a service order con-
be liable for Eel initiation charges as follows: one -half (1.')) of the
times for more than twenty -four (24) hours, Customers account
monthly payments for the original term or 70 percent (701"p) of
their shall be credited in an amount equal to any recurring charge
[Ile sum of all remaining n[onihly payments• whichever is lass. If
.applicable to the failed or defective products or services for the
any scrcice order is canceled prior to imtallation.'delivcry, Cus-
period of such failure or defect.
tooter will pay ABI for the costs incurred by :181 in preparing to
C. Customers sale remedies againsl.ABl or a% affiliated sub-
Provide the products or services canceled, not to exceed the ter-
contractor or supplier for loss or damage caused by any product
mination Charges.
defeat or any partial or total failure of any product or service
B. .Accepted purchase orders for products, which are unde-
provided under this Agreement . or arising from the performance,
livered on the date of termination of this Agreement, shall be
delays, or nonperformance of any installation,, maintenance,
filled under the terms of this Agrccment-
warramy or repair work under this Agreement;' regardless of the
C. Customer may terminate this Agreement. subject to accrued
form of action, whether in contract, tors including negligence,
'
charges but without liability for termination charges. if .ABI fails
strict liability or otherwise, shall be, where.applicable (i) Cus-
to perform or observe any term or condition of this Agreement
.comer's right to receive the repair or replacement service
and such failure shall continue unremedied' for thirty (30) days
described in Section 12. 60 Customer's right In receive the credit
after ABI', receipt of notice thereof from Customer. ABI may
set forth in (81 ahove -for products provided underservice or-
telminate this Agreement or any service orders or unfilled pur-
dens. (if it Customer's right'to- ierminatc under Section 17 (c), and
chase orders accepted hereunder, and Custornei shall. be in Ile -
(iv) the lesser of Wthe.- amount cif actual dircei damages which
fault of this Agreement, if Customer tails to pay any charge
are proven or (b)the equivalent of one (1) month's recurring
when duc or fails to perlixnt ur obwre any otlter term or condi-
charges for the producis'or services directly involved which
on of the, Agreement and such failure shall continue unreme-
• - would apply -if -they were :provided oil a month -to -month service
died for thirty (30) days after receipt of noricc thereof from ABI.
agreement at the,tifne'of. loss .'
In the event of such termination by ADI, applicable termination
D. The foregoing remedies of Customer. together" ith the rem-
charges under service orders will apply.
_ edies provided in the seaaion_entitled "Patent and Copyright In-
demnity,•• shall be a elusi%c of alI other remedies at. law, in
1l. upon termination of this Agreement or any service orders
or
equity except for Customer's right to claim damages Ivor bodily
hereunder. Customer will make the products provided under all
affected service orders available for temoyal, which shall be ac-
injury to any person: caused by the negligence (if ABI.
`L6fuI
complished in a careful and reasonable expeditious fashion. The
'16. lrlov ra.4Birin-
products will be returned to A8I in the same condition as origi-
Noiwithstabdine an • :other
y provision of this Agreement
nally installed, ordinary wear and tear excepted, or Customer
- 1. Neither ABI. nor.its affiliates, subsidiaries „patent, corpora-
will pay for the restoration of the products to such condition.
- -
' tion, orranv- of-itsparent'raffiliateroi - subsidiaries shall be liable
ABI shall not be obligated to restore the premises to their origi-
.for any indirect,'incidemahor consequential damages (including
nit condi[ioii. If Customer does not ri the products available
lost profits) sustained! or incurred in connection with install-a-
for removal by ABI, then in iicddition to all other remedies at law
., 'lion, maintenance or :repair work performed under this Agree-
or equity available to ABI all obligations o1' Customer under this
ment or the use or :operation of the products and services pro-
Aercgmcm shag retrain in force and effect until removal is air
sided or sold hereunder,.regardlcss of the.. loan .of action.
complished. The charges paid by Customer for the services dur-
• x- Nether inrcontract. tort•: including negligence. strict liability or
ing such period shall be ABI's then current charges foi the ser-
otherwise, and whether or -not such damages were foreseen or
vices when provided on a month -to -month basis in lieu of any
unforeseen;
other charges listed in the service order.
2. Neither ABI -noHis affiliates. subsidiaries, parent corpora-
.,lion, orany.of hs parentis affiliates or sutisiditiries shall be liable
in anywav for delay ;.failure in performance, loss or damagedue
to any of the following force majeure conditions: fire, strike, IN.
A.S:S'IG,N.NL;NT
- embargo, expl"'on,'• power blackout, earthquake, volcanic ac-
This Agreement is not assignable by.either party without the
lion, flood, war, wafer; the elements, labor disputes, civil distur-
written consent of the other; except that .ABI may, without Cus-
banes, government requirement, civit or military authori(y, acts
tomer's consent, assign this Agreement to an affiliate or subsidi-
: of God or public enemyI'inabiliiv.to secure raw materials, it il-
ary or assign its right to receive pavment hereunder.
OFFICE COPY
n,
19. SUBCONTRACTING
ABI may subcontract any or all,of the work to he performed by
it under the terms and conditions of this Agreement but 'shall
retain responsibility for the work subcontracted.
10. GENERAL
A. Any supplement to or modification or waiver of any provir
sion of this Agreement must be in'writing -.and sighed by author-
ized representatives of both parties; except that ABI may, upon
ninety (90) days prior written notice to Customer, modify the
terms and conditions of this Agreement, which :modifications
shall be effective only as to renewals and new orders placed by
Customer and accepted by ABI after the effective date o(such
modification. Variances •from this Agreement in any Customer
order will be:of no effect.
CITY OF SAN LUIS_OBISPO.___ ._
(Customer)
By: _ _
(Authorized Signature)
(Typed Name)
(Title)-
On:
�.1
B. If any term or provision of this Agreement shall be held
invalid or unenforceable, the remainder of this Agreement shall
not be affected thereby and each term and provision hereof shall
be valid and enforced to the fullest extent permitted by law.
C. This Agreement shall be construed in accordance with and
governed by the laws of the State of NewJersey.
D. THIS IS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES WITH RESPECT TO THE PRODUCTS AND SER-
VICES PROVIDED HEREUNDER AND SUPERSEDES ALL
PRIOR AGREEMENTS, PROPOSALS OR UNDERSTAND-
INGS WHETHER WRITTEN OR ORAL.
AMERICAN BELL INC.
Received by:
Accepted by:
By:
(.Authorized Signat
(Typed Name)
(Title)
at: 7170:N. FINANCIAL DRIVE
(Address)
FRESNO, CA 93710
On:
(Date)
(2 - /S -2-
SERVICE AGREEMENT APPENDIX
A. Definitions
I. Upgrade. An upgrade is an enhancement to an in-
stalled system involving a major common equipment
and /or software substitution.
2. Addition. An addition is the provision of addi-
tional or supplementary equipment or software to an
installed system, not classified as-an upgrade.
3. Service Period. The service period is the term selec-
ted by Customer, from those offered by ABI, during
which a product or service is to be provided by ABI
at specified charges.
B. Classification
ABI will determine whether an approved service
modification constitutes.an upgrade or an addition.
C. Upgrades
1. An upgrade may be requested at any time prior to
expiration of the service period.
2. An upgrade results in termination of the previously
installed service, and applicable termination charges
(if any) must be paid by Customer for any equipment
removed to effect the upgrade.
3. Customer must enter into a new agreement with ABI
covering both the newly installed equipment and any
common equipment remaining from the original
system.
4. The terms and conditions of the new agreement (in-
cluding available service periods and charges) will be
those then currently offered AB ,
by B I, except that the
new agreement must have a service period longer
than one (1) month. Customer will not be required to
pay installation charges on any equipment remaining
from the original system.
D. Additions
I. Equipment can be added to an existing system at
Customer's option. ABI's then current charges will
apply to the addition(s).
2. If at least thirty (30) days remain in the existing sys-
tem's service period, Customer may elect to include
the addition(s) on the existing agreement and to pay
for the addition(s) over the remainder of the existing
system's service period. ABI's then current charges
for the addition(s) for that service period will be im-
posed; if ABI does not then offer that service period
for the addition(s), the charges for the addition(s)
will be those for the longest availableservice period
that is shorter than the existing system's service
period.
3. If less than thirty (30) days remain in the existing
system's service period, the addition(s) must be
placed on the one (1) month service period at the
then current rates and charges for that service
period.
4. Alternatively, Customer may select, from those then
made available by ABI, a service period equal to or
shorter than the time remaining in the existing sys-
tem's service period. If the payment period selected
for the addition(s) is shorter than the existing sys-
tem's service period, Customer must, upon expira-
tion of that shorter service period, either have the
addition(s) removed or select a new service period, in
accordance with paragraphs 2, 3.and 4 herein.
5. Termination charges will apply in the event of dis-
continuance of an addition prior to expiration of its
selected service period.
E. Changes. in Service Period
I. Subsequent to the establishment of service for an
item of equipment or a system, Customer may re-
quest that the existing service period be replaced by
any other service period then offered by ABI for the
item or system for which the request is made. ABI's
then current charges for the service period selected
will apply.
2. No credit will be given for payments made during the
original service period, but one -time charges will not
be reapplied..
3. Termination charges for the original service period
Will apply if the new service period is shorter than the
remainder of the original service period.
4. In the case of a service period change for an item of
equipment, the new service period must be shorter
than the time remaining in the service period for the
system as a whole.
F. Lump Sum Payment
I. At any time, Customer may prepay the total out-
standing monthly charges to become due under Cus-
tomer's Agreement with ABI. Payment of less than
the total outstanding is not permitted..
2. For prepayment of six (6) or more monthly pay-
ments, the.amount du_ a will be reduced by an amount
equal to the total of the monthly charges remaining
multiplied by the product of the number of months
prepaid and a factor based on then current ABI dis-
count procedures.
3. Customers who change the length of a. prepaid ser-
vice period will be credited any unused portion of the
prepayment, subject to applicable termination
charges, if any, as specified in paragraph E.3, above.
4. Customers who terminate service prior to the expira-
tion of a prepaid service period will have.termination
charges deducted from the unused_ portion of the:
prepayment; any balance will be credited to
Customer.
e -/6,3,
RESOLUTION NO. 5209 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
AMERICAN BELL, INC., FOR SYSTEM DESIGN PROCUREMENT
AND INSTALLATION OF AN ELECTRONIC PBX TELEPHONE
SYSTEM FOR CITY GOVERNMENTAL BUILDINGS
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo
and American Bell, Inc., is hereby approved and the Mayor is authorized to
execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: American Bell, Inc.,
Public Works Director; Project Coordinators; Finance Director
On motion of Councilman Dunin seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th , day of September
1983.
R 5209
Resolution No. 5209' '983 Series)
Page 2
Approved:
ea �Q k S
City Administrative ffice
PA
RESOLUTION NO. 5208 (1983 SERIES)
A RESOLUTION APPROVING THREE ANNUAL CLAIMS
FOR MONEY FROM THE LOCAL TRANSPORTATION FUND
AND THE STATE TRANSIT ASSISTANCE FUND..
BE IT RESOLVED by the Council of the City of San Luis. Obispo-as follows:
1. To approve the 1983 -84 annual claim for local transportation funds.
2. To approve the 1982 -,83 claim for state transit assistance funds..
3. To approve the 1983 -84 claim for state transit assistance funds.
4. To authorize the Mayor to execute the appropriate claim forms.
5. To direct the City Clerk to forward two executed copies of each
claim and a certified copy of this resolution to:
San Luis Obispo County and Cities Area
Planning and Coordinating Council
County Government Center
San Luis Obispo, CA 93408 r
6. To authorize the following transfers between transit service
program budget accounts:
Account Amount.
53 -7508- 119 -50 Contract Transportation ($59,900),
53- 7408 - 092 -50 Equipment Maintenance $59,900
53- 7706- 063 -50 Vehicle Leases ($41,400)
53 -7506- 063-50 Vehicle Leases $41,400
53= 7706 - 060 =50 Property Leases ($10,100)
53 -7506- 060 -50 Property Leases $10,100
On motion of Councilman Dunin seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None ...
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of September 9
1983.,
R 5208
RESOLUTION NO. 5208 ! '93 Series) Page 2
APPROVED:
City Ad ative Officer
Opity Attorney
Public Works Dire-c 697
C
O
ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS
LTF -SLO -83/84
(Claim Number)
TO: San Luis Obispo County and Cities Area Planning and Coordinating
Council
County Government Center
San Luis Obispo, CA. 93408
FROM: Claimant: City of San Luis Obispo
Address: P. 0. Box 321
City: San Luis Obispo Zip Code 93406
Contact Person: David Elliott Telephone No. 541 -1000, x -59
This claimant, qualified pursuant to Section 99203 of the Public
Utilities Code, hereby requests, in accordance with Chapter 1400,
Statutes of 1971, as amended and applicable rules and regulations, that
an allocation be made in the amount of
$ 420,100 for the fiscal year 1983 1984 to be drawn
from the Local Transportation Fund of the County of San Luis Obispo for
the purposes and in the respective amounts as described in the attached
claim form.
ATTEST:
a'
City Flerk Pamela Vo s
I
ity of San Luis Obispo
( aimant)
By:
Title: Mayo Melanie C. Billig
Date:
Approved by San Luis Obispo County and Cities
Coordinating Council.
By:
Date:
ms/16/524
Title:
and
S T A T E M E N T O F C O N F O R M A N C E
The City of San Luis Obispo hereby certifies that the Annual
(claimant)
Claim for Local Transportation Funds for Fiscal Year 1983 _ 84 in the
amount of $ 420,100
conforms with:
1. Provisions of Chapter 1 (commencing with Section 1090 of Division 4,
Title I) of the Government Code and the requirements of the
Transportation Development Act and its applicable rules and
regulations.
2. The rules and regulations adopted by the San Luis Obispo County Area
Council of Governments.
3. The Regional Transportation Plan, Transit Development Program, and
the Transportation Improvement Program.
Further, the claimant certifies that the audit findings pursuant to Section
99245 of the Transportation Development Act have been complied with:
/X7 Yes
/7 No
Not Applicable
CERTIFIED:
Tit Adm nistrative Assistant
Date:
Allocation instructions and payment by the County Auditor to this claimant
are subject to such monies being on hand and available for distribution,
and to the provision that such monies will be used only in accordance with
the terms of the approved Annual Project and Financial Plan.
a
PAGE 1 of :
FISCAL YEAR 1983 -84
LOCAL TRANSPORTATION FUND
ANNUAL PROJECT AND FINANCIAL PLAN
Briefly describe all proposed projects (title and descriptions) the proposed use of these funds
(by Article and Section of the Transportation Development Act) and the proposed expenditures for
the ensuing.fiscal year.
Project Title and
Brief Description Purpose: PUC Article /Section Amount
0 1 SLO Transit
Article
4
8317,783
Section
99260(a)
A local transportation system operated by
the City of San Luis Obispo through a
private transportation contractor.
# 2 North Coastal Transit
Article
8
$ 29,520
Section
99400(c)(4)
A regional transportation system operated by
North Coastal Transit, a Joint Powers Agency,
through a private transportation contractor.
# 3 Regional Handicapped Transit
Article
8
$ 31,822
A regional handicapped transportation system
Section
99400(c)(4)
operated by SLO Regional Transit Authority, a Joint
Powers
Agency, through a private transportation contractor.
0 4 Street Work
Article
8
$ 40,975
Section
99400(a)
Various capital improvement projects for
street maintenance, reconstruction and
construction.
# ANY ADDITIONAL LTF APPORTIONMENT
WHICH MAY
BECO14E AVAILABLE DURING FISCAL YEAR 1983 -84
WILL BE APPLIED TO STREET WORK.
0
CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS
STA -SLO- 82/83
(Claim Number)
TO: San Luis Obispo County and Cities'Area Planning and
Coordinating Council
County Government Center
San Luis Obispo, CA. 93408
FROM: Claimant: City of San Luis Obispo
Address: P. 0. Box 321
City: San Luis.Obispo Zip Code: 93406
Contact Person: David Elliott Telephone No: 541 -1000, x -59
This claimant, qualified pursuant to Section 99203 of the Public Utilities Code,
hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended a
applicable rules and regulations, that an allocation be made in the amount of
$ 52,225 for the fiscal year 1983 84 to be drawn from the
State Transit Assistance Fund of the San Luis Obispo County Area Council of
Governments for the following purposes and in the following respective amounts a
described in the attached claim form.
City gf San Luis Obispo
ATTEST: By;
Title: ayo
City C erk Pamela V es Date:
Approved by San Luis Obispo County and Cities Area P
Council:
By:
Date:
ms5H
Title:
e C. Billig
and Coordinating
SLOCOG =TDA -3/83
�1
PAGE 2 of 2
Project Title and
Brief Description_ _ Purpose: PUC Article /Section Amount
0
a. Total claim for Article 4.5 Funds (Section.99275).
b. Total claim for Article 4 Funds (Section 99260).
C. Total claim for Article 8(c) Funds (Section 99400c).
d. Total claim for Article 8(a) Funds (Section 99400a).
(1) Total agency budgeted expenditures
for streets and roads (copy must
be attached to claim). $ 1,594,240
(2) Percentage of claim (d) of total
(d -1). 3 %
e. Total claim designated for
(other)
TOTAL CLAIM:
msH6
$ 317,783
$ 61,342
$ 40,975
$ -0-
420,100
STATE TRANSIT ASSISTANCE (STA).
CLAIM FORM
Briefly describe all proposed projects and indicate proposed expen-
ditures for the ensuing fiscal year.
Project Title and
Brief Description Purpose *(see item 2 below) Amount
¢ 1 Street Work $ 52,225
Various capital improvement projects
for street maintenance, reconstruction,
and construction.
0
0
1) Total claim for STA Funds $ 522225
2) Identify purpose for claim (circle where applicable)
a. Operator Revenues (PUC Section 99314) $ _
b. Entity Apportionment.
The operating cost of the operator's public transportation system (CAC, Sectior
6730a).. $ ,
The capital requirements of the•operator's public transportation system (CAC,
Section 6730b). $
Payment to an entity under contract . with the city or county (CAC, Section
6731b). $
Streets and Roads purposes $
* Identify appropriate Article and Section of the Act.
ms6H
CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS
STA -SL0-83/84
(Claim Number)
TO: San Luis Obispo County and Cities'Area Planning and
Coordinating Council
County Government Center
San Luis Obispo, CA. 93408
FROM: Claimant: City of San Luis Obispo
Address: P. 0. Box 321
City: San Luis Obispo Zip Code: 93406
Contact Person: David Elliott Telephone No: 541 -1000, x -59
This claimant, qualified pursuant to Section 99203 of the Public Utilities Code,
hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended a
applicable rules and regulations, that an allocation be made in the amount of
$ 97.327 for the fiscal year 1983 - 84 to be drawn from the
State Transit Assistance Fund of the San Luis Obispo County Area Council of
Governments for the following purposes and in the following respective amounts a:
described in the attached claim form.
ATTEST:
s
City Clf rk Pamela Vo s
of San Luis
Date:
Melanie C.
Approved by San Luis Obispo County and Cities Area PTining and oordinating
Council:
By: Title:
Date: SLOCOG -TDA -3/83
ms5H
STATE TRANSIT ASSISTANCE (STA).
CLAIM FORM
Briefly describe all proposed projects and indicate proposed expen-
ditures for the ensuing fiscal year.
Project Title and
Brief Description Purpose *(see item 2 below) Amount
# 1 Street Work $ 84,800
Various capital improvement projects
for street maintenance, reconstruction,
and construction.
0 2 SLO Transit $ 7,963
A local transportation system operated
by the City of San Luis Obispo through a
private transportation contractor.
North Coastal Transit $ 4,564
A regional transportation system operated
by North Coastal Transit, a joint powers
agency, through a provate transportation contractor.
1) Total claim for STA Funds $ 97.327
2) Identify purpose for claim (circle where applicable)
*
ms6H
a. Operator Revenues (PUC Section 99314)
b. Entity Apportionment.
S
The operating cost of the operator's public transportation system (CAC, Sectio
6730a). $
The capital requirements of the operator's public transportation system (CAC,
Section 6730b). $
Payment to an entity under contract with the city or county (CAC, Section
6731b). $
Streets and Roads purposes $
Identify appropriate Article and Section of the Act.
COMPLIANCE STATEMENTS
f 1
1. Eligibility for Funds (CAC Section 6634). Contrary to the fiscal
audit findings for Fiscal Year 1981 -82, the City believes that it
did not receive more money than allowed for SLO Transit operations
and that the fiscal audit findings were based on misinterpretation
of CAC Section 6634.
2. Staffing on Vehicles (PUC Section 99264). SLO Transit does not
routinely staff with two or more persons a vehicle designed to
be operated by one person.
3. Substantiation of Changes in Budget (PUC Section 99266). The SLO
Transit operating budget expenditures for 1983 -84 ($489,540) do
not exceed actual operating budget expenditures for 1982 -83
($501,401) by more than 15 percent. In fact, budget expenditures
are reduced by two percent.
4. Capital Expenditure (PUC Section 99267, CAC Section 6654). Under
PUC Section 99267(c), the capital expenditure requirement does not
apply because SLO Transit will receive financial assistance from
local sources ($89,000) in an amount greater than the amount it
would have to expend to meet the capital expenditure requirement
($46,808)..
S. Fare and Local Support Ratios (PUC Section 99268.4, CAC Section
6633.2). SLO Transit met the required ratios in 1982 -83 and will
continue to meet the required ratios in 1983 -84.
Fare Revenue
Local Support
Operating Cost
Fare Revenue /Operating Cost
1978 -79 1982 -83 1983 -84
(Base Year) (Actual) (Projected)
26.5%
Fare Revenue + Local Support /Operating Cost 42.0%
$ 62,404 $128,800
$139,249 $ 89,000
$220,119 $281,000
28.4% 45.8%
91.6% 77.5%
v �
SLO TRANSIT
STATEMENT OF REVENUES AND EXPENDITURES
FISCAL YEAR 1982 -83
REVENUES AND CARRYOVER
Passenger Fares
Cash at Farebox
Pass and Token Sales
TDA -LTF Allocation
TDA -STA Capital Grant
UMTA /FHWA Section 18 Grant
Miscellaneous Revenues
General Fund Contribution
Carryover (General Fund)
$ 36,007
26,397
EXPO S
Vehicle Operations (Operating Cost)
Contract Services
Coach Leases
Vehicle Maintenance
Contract Services
Yard Lease
Non - Vehicle Maintenance
Materials
Furnishings
Administration
Employee Expense
Office Expense
Advertising
Contract Services
Expense Transfers
Reimbursed Services
Capital
$163,886
56,233
$ 40,972
10,420
$ 416
1,233
$ 18,984
2,860
536
188,411*
1,400
1,090
$ 62,404
328,493
67,365
269,998
11,935
94,000
45,249
$2209119
51,392
1,649
213,281
400,229
$879,444
886_,670
( 7,226)
NET $ 34,550
* Includes payments to: North Coastal Transit
Regional Handicapped Transit $ 11,360
San Luis Transportation $114,540
The figures presented above are reasonable and accurate Finance Di c or
SLO TRANSIT
OPERATING BUDGET
FISCAL YEAR 1983 -84
REVENUES
Passenger Fares
Cash at Farebox
Pass and Token Sales
TDA -LTF Allocation
Interest Earnings
EXPENDITURES
Vehicle Operations (Operating Cost)
Contract Services
Coach Leases
Vehicle Maintenance
Contract Services
Yard Lease
Non - Vehicle Maintenance
Employee Expense
Materials
Furnishings
Administration
Employee Expense
Office Expense
Advertising
Contract Services
Travel 4 Meeting Expense
Expense Transfers
NET
$ 69,900
58,900
$239,600
41,400
$ 59,900
10,100
$ 1,210
S00
4,500
$ 28,020
3,900
10,000
68,130*
700
21,580
j
$128,800
356,740
4,000
$281,000
70,000
6,210
132,330
* Includes payments to: North Coastal Transit $29,520
Regional Handicapped Transit $31,822
$489,540
489,540
mom
The figures presented above are reasonable and accurate
Finance Di ector
SLO TRANSIT
CAPITAL BUDGET
FISCAL YEAR 1983 -84
REVENUES
TDA -LTF Allocation 30,348
General Fund Contribution 26,352
UMTA /FHWA Section 18 Grant 89,600 146,300
EXPENDITURES
One 35 foot Transit Coach 146,300
NET -0-
SLO TRANSIT
RESERVES BUDGET
FISCAL YEAR 1983 -84
REVENUES
General Fund Contribution 51,422
RESERVES
Transit Capital Reserve 519422
NET -0-
The figures presented above are reasonable and accurate
Finance D' ctor
RESOLUTION NO. 5207 (1983 Series)
A RESOLUTION APPROVING THE BID PACKAGE FOR
THE CONTRACT TO FURNISH TRANSIT COACHES.
BE IT RESOLVED by the Council of the City of San Luis Obispo to:
1. Approve the bid package for the contract to furnish coaches.
2. Direct the City Clerk to advertise for bid proposals..
On motion of Councilman Dunin seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this _6th day of Septemb 9 ,
1983.
ty tloator Of' icef
City Attorney
i
Public Works Director
R 5207
CONTRACT TO FURNISH TRANSIT COACHES
GENERAL PROVISIONS
1. INVITATION TO SUBMIT BID PROPOSALS
On behalf of SLO Transit and North Coastal Transit, the City of San Luis
Obispo invites bid proposals from manufacturers to furnish three standard
heavy -duty transit coaches (approximately 35 feet long).
These coaches shall conform to the Coach Specifications.
2. GENERAL BID PROCEDURES
The City Clerk of the City of San Luis Obispo will receive sealed bids
until 3:00 p.m. on October 21, 1983, in her office at:
City Hall
990 Palm Street (P.O. Box 321)
San Luis Obispo, CA 93401 03406)
At 3:00 p.m. on October 21, 1983, all bid proposals will be publicly
opened and read aloud in the Council Chambers at San Luis Obispo City Hall.
The City will not consider bid proposals received after the specified
time and date.
Each bidder must submit a Bid Proposal form plus all other pertinent
documents in a sealed envelope clearly marked:
"BID TO FURNISH STANDARD HEAVY -DUTY TRANSIT COACHES"
Each bidder must list and explain any deviations from
specifications. Although the City encourages firm adherence to the
specifications, it will accept each bidder's deviations from specifications.
For this reason, bidders need not seek approval of proposed deviations before
submitting their bids.
The City may reject any bid and may waive any bid informality.
To determine the successful bidder, the City will consider
life -cycle cost, price, delivery time, adherence to specifications, parts
availability, and bidder responsibility. The City is not bound to accept the
apparent lowest proposed price. In awarding the contract, the City may add or
delete one coach without affecting unit prices.
Bidders should direct written questions about bid procedures and
specifications to Nancy Rnofler at (805) 541 -1000, extension 87, before
September 30, 1983.
All questions and answers will be summarized and mailed to potential bidders by
October 7, 1983.
3. PRICE
Prices quoted in bid proposals shall include all applicable taxes,
shall include delivery F.O.B. to San Luis Obispo, and shall remain firm for
90 days after the bid opening. Wheelchair lifts and other equipment to
accommodate disabled riders are not subject to California sales tax. Bidders
should assume payment terms of thirty days net after acceptance of each coach or
piece of equipment (The City shall either accept or reject each coach or piece
of equipment within twenty days of the delivery date).
Both the City and the manufacturer must agree in writing to any price
change caused by necessary deviations from specifications during manufacture of
the coaches or equipment.
4. BIDDER'S SURETY
With his bid proposal, each bidder must furn
bidder's bond payable to the City of San Luis Obispo
percent of the proposed price. The City will return
within 10 days after rejecting all bids or within 30
bidder executes the required agreement and furnishes
bond.
ish a certified check or
in an amount equal to ten
bidders' sureties either
days after the successful
the required performance
If the successful bidder fails both to execute the required
agreement and to file the required performance bond within 14 days after he
has received notice that the City has awarded him the contract, he shall
forfeit his check or the proceeds of his bond to the City as liquidated
damages.
1
5. PERFORMANCE BOND
To guarantee faithful performance of the contract, the successful
bidder shall furnish a performance bond acceptable to the City in an amount
equal to 100 percent of the contract price.
6. COACH PERFORMANCE DATA
With his bid proposal, each bidder shall furnish the following
performance curves for each coach offered:
- Percent grade against speed in miles per hour
-Speed in miles per hour against time in seconds
-Brake horsepower against engine revolutions per minute
- Torque against engine revolutions per minute
Gradeability and acceleration curves shall represent performance with a full
load of seated passengers (averaging 150 pounds per passenger), with all
engine- driven accessories operating, and with a full complement of fuel, oil
and water.
7. DELIVERY
With his bid proposal, each bidder shall state an estimated delivery
period in days from the date he executes the Agreement to Furnish Transit
Coaches and Equipment. When the successful bidder executes the agreement, he
shall state a fixed delivery period directly correlated to the estimated
delivery period.
The manufacturer shall deliver the coaches and equipment to:
Maintenance Yard
4155 Santa Fe Road
San Luis Obispo, CA
Signed receipt of coaches or equipment by the City's authorized agent in
San Luis Obispo on the manifest of a common carrier, contracted over- the -road
delivery agent, or manufacturer's over- the -road delivery driver shall constitute
� U
delivery only and shall not constitute acceptance.
The manufacturer shall deliver an invoice to the City at least 30
calendar days before the delivery date of each coach.
The City may assess liquidated damages of $50.00 per day per coach
for each day that a coach remains undelivered beyond the agreed delivery period.
The City will consider extending the delivery period only for delays beyond the
manufacturer's control.
8. TITLE DOCUMENTS
Before delivery, the manufacturer must furnish the City all documents
necessary to secure title to a delivered coach.
9. PARTS AND SERVICE
With his bid proposal, each bidder shall furnish a current price list
for parts, the location of the nearest fully stocked supply depot, and the names
and locations of service representatives who will assist the City.
The manufacturer shall guarantee that replacement parts shall be
available for at least 10 years from the last date of acceptance.
The manufacturer shall provide prompt, competent engineering service to
assist the City in correcting any vehicle performance problems. The
manufacturer shall also comprehensively familiarize in maintenance procedures
two maintenance mechanics appointed by the City.
10. WARRANTY
With his bid proposal, each bidder shall submit a detailed statement of
the warranty offered for the coaches to be furnished. This warranty shall
include at least the minimum provisions in Section 3 of the Coach
Specifications.
If defects arise during the accepted warranty period, the manufacturer
shall reimburse the City for City's labor costs incurred to remove and replace
defective parts. Reimbursement shall be calculated by multiplying the number of
man hours worked (not to exceed accepted hourly standards for the work
performed) by one and one -half times the hourly compensation rate (including
fringe benefits) for a Heavy Equipment Mechanic employed by the City at the time
the work is performed.
11. TERMINATION FOR DEFAULT
All terms of the contract are material. If the manufacturer fails to
perform by these terms, the City shall notify the.manufacturer of the default.
If the manufacturer fails to remedy the default within 20 days of receiving
notice, the City may cancel this contract without further obligation to the
manufacturer, except that the City shall pay for all coaches delivered and
accepted.
12. INDEMNITY
The manufacturer shall hold the City, North Coastal Transit, their board
members, agents and employees harmless from any liability for infringement of
patent rights and from any liability for defects in design, material and
workmanship which might arise from the City's or North Coastal Transit's use of
the coaches supplied by the manufacturer.
The manufacturer shall also defend the City, North Coastal Transit, their board
members, agents and employees against any claims or suits for infringement of
patent rights and for defects in design, material and workmanship which might
arise from the City's or North Coastal Transit's use of the coaches supplied by
the manufacturer.
n
CONTRACT TO FURNISH TRANSIT COACHES
COACH SPECIFICATIONS
1. PURPOSE
The City of San Luis Obispo wants to buy three standard heavy -duty
transit coaches. These specifications describe the type of coach the City wants
to buy.
2. MATERIALS AND WORRSMANSHIP
The manufacturer shall not omit any parts or details needed to make each
coach complete and ready for service and shall not omit or downgrade standard
parts or details, even though the specifications may not mention such parts or
details. All parts and materials shall be new and first -rate and shall conform
to standards established by the American Society for Testing Materials (ASTM),
the Society of Automotive Engineers (SAE), and other pertinent associations.
Parts for each coach should be interchangeable with similar parts for the other
coaches. Workmanship shall be first -rate and shall conform to the best practice
in the bus manufacturing industry.
All lumber shall be thoroughly kiln dried; clear, straight grained,
dressed on all sides, and free from knots and checks. Plywood shall be
waterproof with sealed waterproof edges.
All bolts, nuts, washers and exposed linkage shall be zinc plated or
cadmium plated to prevent corrosion.
All painted aluminum sheets shall be thoroughly cleaned and coated on
the outside with zinc - chromate protective paint (or acceptable equal) prior to
assembly.
Welding procedures, welding materials, and welder qualifications shall
conform to standards established by ASTM and the American Welding Society. All
exposed welds shall be ground smooth.
Where non - anodized metal is riveted or bolted to metal, contact surfaces
shall be thoroughly cleaned with a high temperature cleaning agent., double
rinsed, and coated with zinc - chromate primer (or acceptable equal) formulated,to
prevent critical corrosion.
Where wood is placed next to wood, both. surfaces shall be coated with
powdered aluminum and spar varnish or titanium oxide and linseed oil (or another
acceptable sealing compound).
All joints shall be protected by the application at assembly of
zinc - chromated metallic compound (or acceptable equal).
All steel and aluminum body parts which are to be painted shall be
thoroughly cleaned and double rinsed to ensure proper paint adhesion. Excess
joint sealer shall be removed. All parts shall be coated with zinc- chromate
primer. The underside of the roof and all concealed metal shall be coated with
enamel paint or undercoating compound.
All exterior light fixtures shall be fitted to the contours of the coach
body and shall be sealed to prevent the entrance of water.
All rubber seals on ventilator doors and compartment cabinet doors
(except vents above the windshield) shall be placed in "u" shaped channels (or
placed by other acceptable means to hold the rubber firmly in place).
Where burrs and sharp edges could cause injury, they shall be dressed.
All painted surfaces shall have a true and smooth surface free of
sanding or grinding marks. All exterior paint shall be baked -on polyurethane.
enamel.
3. WARRANTY
The manufacturer shall warrant each coach and all auxiliary equipment to
be free from defects in design, material and workmanship for a period of at
least one year or until the accumulation of at least 50,000 miles, whichever
occurs first.
4. STATE AND FEDERAL REQUIREMENTS
At the time of manufacture each coach shall conform to all applicable
federal and state codes and standards including the following:
Federal Motor Vehicle Safety Standards
California Vehicle Code
California Administrative Code, Title 13
5. CAPACITIES AND DIMENSIONS
Each coach shall conform to the following capacities and dimensions:
Seating capacity
(minimum)
38
passengers
Length over body
(maximum)
36
feet
Width (maximum)
96
inches
Height (maximum)
120
inches
Interior headroom
(minimum)
74
inches
Front step height
(range)
10 -14 inches
Rear step height
(range)
10 -14 inches
Door width (minimum)
36
inches
Fuel tank capacity
(minimum)
80
gallons
6. DRIVE TRAIN
ENGINE - The manufacturer shall demonstrate that the engine it
furnishes
-has a displacement of at least 420 cubic inches
-uses diesel fuel
-uses fuel economically
-can regularly power the fully loaded coach specified
up a sustained 7.2% grade over 2..5 miles
-can operate regularly at highway speed
- discharges exhaust gases vertically upward through the left
rear corner of the coach
-has been adequately tested and used for public transit
-has a useful life properly matched to the useful life of
the coach
TRANSMISSION - The transmission shall be fully automatic.
REAR AXLE - The rear axle drive ratio shall be suitable for regular
highway operation.
1
J,
DRIVE SHAFT - The drive shaft shall be guarded so that breakage will not
cause injury or additional damage.
COOLING SYSTEM - The cooling system shall maintain an optimum engine
temperature in continual operation under the following concurrent conditions:
-fully loaded with seated passengers
-fully loaded with fuel, oil, and water
- operated with all engine- driven accessories
- operated on any grade up to 7.2%
- operated in any ambient temperature ranging from -30 degrees
F to 125 degrees F
7. TIRES, WHEELS, BRAKES, AND SUSPENSION
TIRES AND WHEELS - The manufacturer shall furnish tires. Tire size
shall be 12x22.5 (10 ply). Each coach shall have two wheels mounted in front
and four wheels mounted in the rear. Each coach shall have one spare tire and
wheel. All tires and wheels shall be interchangeable front to rear or between
coaches.
STEERING - Steering shall be power - assisted.
BRAKES - The brakes shall be self - adjusting, air - actuated, and suitable
for regular stop- and -go city operation.
SUSPENSION - The front and rear suspension shall be by full air springs
with double- acting shock absorbers.
8. ELECTRICAL SYSTEM
The electrical system shall be a 12 -volt or 24 -volt direct current
system. All wiring shall be color -coded and shall not be visible on the
interior or exterior of the coach. Each circuit shall be individually protected
by a fuse or circuit breaker.
9. INSTRUMENTS AND CONTROLS
The following instruments and controls shall be located in the driver's
compartment:
I �
- speedometer with odometer
voltmeter
- engine oil pressure gauge, warning light, and warning buzzer
- engine water temperature gauge, warning light, and warning
buzzer
-air system pressure gauge, warning light, and warning buzzer
-fuel level gauge
- headlamp high beam indicator light
-right turn indicator light
-left turn indicator light
- hazard flasher indicator light
-horn actuator
- hazard flasher switch
- exterior lighting switch
- interior lighting switch
- driver's lighting switch
- heater /defroster switches
- windshield wiper /washer switches
-door controls
- wheelchair lift controls
All meters, gauges, and indicator lights shall be installed on the front
cowl immediately forward of the steering wheel. All instruments and controls
shall be clearly labelled.
10. DRIVER COMFORT AND CONVENIENCE
The driver's compartment shall include the following features:
-a mechanically adjustable bucket seat
-a safety belt
-an overhead, opaque sun visor
-a suitable fresh air heater /defroster
-a fresh air vent
- suitable overhead lighting
11. PASSENGER COMFORT AND CONVENIENCE
The passenger seats shall be fiberglass shells with vinyl- covered,
replaceable inserts.
Suitable stanchions, handrails and overhead handrails shall be installed.
A fresh air heating system shall be installed which can maintain a
temperature of 65 degrees F throughout the coach when the outside temperature is
0 degrees F.
Windows, vents, and roof vents shall provide adequate fresh air
circulation. Roof — mounted ventilation hatches shall be installed in the front
and rear of the coach.
The interior of the coach shall be insulated against noise and
temperature extremes.
Adequate interior lighting shall be installed and shall not interfere
with driver visibility.
A passenger signalling system shall be installed.
Advertising card racks shall be installed inside the coach.
The following sign shall be painted or decalled in the layout shown and
in a visible location on an interior bulkhead near the front of the coach
(minimum letter height is 3/4 "):
PLEASE
REMAIN SEATED WHEN THE BUS IS MOVING
RESERVE THE FRONT SEATS FOR ELDERLY AND DISABLED RIDERS
DO NOT SMOKE, EAT OR DRINK
Front and rear entrance doors shall be provided.-
All windows shall be tinted.
Suitable destination signs shall be installed. The City shall specify
the destinations to be printed.
12. SAFETY
A 16 -unit first aid kit (specified in the California Administrative Code,
Title 13, Section 1243) shall be installed near the driver's compartment in
plain view.
A suitable fire extinguisher shall be installed near the driver's
compartment.
A red warning reflector kit with at least three reflectors shall be
provided.
Two front - mounted towing eyes shall be installed.
13. SPECIAL EQUIPMENT
FAREBOR - A farebox acceptable to the City shall be installed in a
location convenient for boarding passengers to deposit fares and for the driver
to observe the deposited amounts. Each complete farebox furnished shall have
one spare vault. All keys furnished for the same function shall be
interchangeable. All keys shall be delivered to the City of San Luis Obispo's
Public Works Director.
RADIO - A single frequency mobile radio acceptable to the City shall be
installed with the following equipment:
-3.5 db gain antenna
-dual foot switch
-boom microphone
WHEELCHAIR LIFT - A suitable wheelchair lift shall be installed in the
stairwell at the front door. A 3 -point system to secure at least one wheelchair
shall be installed. All lift equipment and securing devices shall conform to
California Administrative Code, Title 13, Sections 1090 -1095 and 1269.1. To
service the coach the driver shall be able to override an interlock system if
the lift fails to reach its stowed position.
14. APPEARANCE
Exterior and interior color schemes will be selected by the City using
standard color charts after the contract is awarded.
The exterior color scheme shall include one background color, one accent
color and the transit system name in special script. The City shall furnish
suitable decals with the transit system name.
15. MANUALS AND CATALOGS
At least 30 calendar days before delivery, the manufacturer shall furnish
for each coach the following manuals and catalogs:
-a maintenance manual including instructions, schedules,
and wiring diagrams.
- complete parts catalogs (including ordering instructions) under one
cover for all coach components
-a current price book for all parts
-three driver's manuals
CONTRACT TO FURNISH TRANSIT COACHES
BID PROPOSAL
1. PROPOSAL
According to the General Provisions and the Coach Specifications of the
Contract to Furnish Transit Coaches, we propose to furnish the following coaches
at the stated prices:
Extended
Quantity Description Unit Price Price
Three Standard heavy -duty transit coach
We understand that the City may add or delete one coach
without affecting unit prices. We also understand that if we fail to execute
the Agreement to Furnish Transit Coaches within 14 days after we have received
notice from the City by mail that it. has awarded us the contract, we shall
forfeit our bidder's surety to the City as liquidated damages.
We shall furnish the coaches proposed within approximately days
after we execute the Agreement to Furnish Transit Coaches.
2. TECHNICAL SPECIFICATIONS
The coaches we propose to furnish shall meet the following
specifications:
A. Dimensions
1. Overall length (overbody) In.
2. Overall width In.
3. Overall height In.
4.
Wheelbase
In.
5.
Turning radius (standard coach)
In.
6.
Interior headroom
In.
7.
Aisle width (18" above floor)
In.
8.
Front door opening (clear width)
In.
9.
Rear door opening (clear width)
In.
10.
Front step height (empty)
In.
11.
Front step height (fully loaded)
In.
12.
Rear step height (empty)
In.
13.
Rear step height (fully loaded)
In.
B. Capacities
1.
Seating capacity*
2.
Fuel tank capacity,
U.S. Gal.
*Includes
jump seats at wheelchair locations
C. Curb Weight (with full complement of fuel, oil and
water)
1.
On front wheels
Lbs.
2.
On rear wheels
Lbs.
3.
Total
Lbs.
D. Engine
1.
Manufacturer
2.
Model number
3.
Injector type
4.
Number of cylinders
5.
Bore
In.
6.
Stroke
In.
7.
Displacement
Cu. In.
8.
Compression ratio
9.
Main bearings
number
diameter
In.
length
In.
10.
Wrist pin bearings
diameter
In.
length
In.
type of lubrication
In.'
11.
Connecting rod bearings
diameter
In.
length
In.
12.
Brake horsepower
HP
at
RPM
13.
Torque
Ft. Lb.
at
RPM
10
14. Specific fuel consumption
Lb. /HP /Hr.
15. Crankcase oil capacity
dry
Qts.
wet
Qts.
16. Oil filter capacty
full flow
Qts.
bypass
Qts.
17. Idle speed
RPM
E.
Transmission
1. Manufacturer
2. Model
3. Type
4. Gears and ratios
1st.
2nd
3rd
4th
Rev
5. Oil capacity
Qts.
F.
Rear Axle Drive Ratio
G.
Cooling system
1. Manufacturer
2. Model
3. Capacity
Qts.
4. Area
Sq. In.
5. Number of fins per square inch
H.
Steering Box
1. Manufacturer
2. Model
3. Ratio
I.
Front Axle
1. Manufacturer
2. Model
3. GAWK
Lbs.
J.
Front Brakes
1. Manufacturer
2. Drum diameter
In.
3. Drum width
In.
4. Lining length
In.
5. Lining width
In.
6. Slack adjuster manufacturer
Q. Body Construction (check one)
1. Body -on- chassis
2. Integral
R. Driver's Seat
L. Manufacturer
R.
Front Suspension
1. Air spring manufacturer
2. Air spring diameter
In.
3. Air spring height
In.
4. Shock absorber manufacturer
5. Shock absorber stroke
In.
L.
Rear Axle
1. Manufacturer
2. Model
3. GAWK
Lbs.
M.
Rear Brakes
1. Manufacturer
2. Drum diameter
In.
3. Drum width
In.
4. Lining length
In.
5. Lining width
In.
6. Slack adjuster manufacturer
N.
Rear Suspension
1. Air spring manufacturer
2. Air spring diameter
In.
3. Air spring height
In.
4. Shock absorber manufacturer
5. Shock absorber stroke
In.
0.
Air System
1. Compressor manufacturer
2. Compressor model
3. Compressor capacity
CFM
4. Number of storage tanks
5. Total capacity of storage tanks
Cu. In.
P.
Wheelchair Lift
1. Manufacturer
2. Model
3. Minimum cycle time
Sec.
4. Maximum cycle time
Sec.
5. Dynamic load capacity
Lbs.
Q. Body Construction (check one)
1. Body -on- chassis
2. Integral
R. Driver's Seat
L. Manufacturer
2. Model
S. Passenger Seats
1. Manufacturer
2. Model
T. Farebox
1. Manufacturer
2. Model
U. Radio
1. Manufacturer
2. Model
V. Paint
1. Manufacturer
2. Type
3. DEVIATION FROM SPECIFICATIONS
The coaches and equipment we propose to furnish deviate from the
following specifications for the reasons stated:
A
4. REFERENCES
We have sold essentially identical coaches to the following transit
operators (preferred references are small California operators which have
operated these coaches for 2 years or more):
Operator /Agency:
Address:
Phone:
Administrator:
Operator /Agency:
Address:
Phone:
Administrator:
Operator /Agency:
Address:
Phone:
Administrator:
� n
5. PARTS AND SERVICE
The fully stocked supply depot nearest San Luis Obispo is:
Company:
Address:
Phone:
The names of the service representatives who will assist the City are:
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
6. CHECKLIST
We have included the following documents with this bid proposal:
Bidder's surety (check or bond)
Performance data
Price list for parts
Warranty statement
Signature:
Title:
Company:
Address:
Phone:
Date:
CONTRACT TO FURNISH TRANSIT COACHES
BIDDER'S BOND
We, (as Principal) and
(as Surety), are bound to pay to the
City of San Luis Obispo ( "the City ") the sum of
dollars ($ ).
If the proposal of the Principal to furnish transit coaches (dated
) is accepted by the City, and if the Principal executes the
Agreement to Furnish Transit Coaches and files the required performance bond
within 14 days after he has received notice from the City by mail that it has
awarded him the contract, then this obligation shall be null and void.
Otherwise, this obligation shall remain in full force and effect.
Principal:
Signature:
Title:
Company:
Date:
Surety:
Signature:
Title:
Company:
Date:
(Signature of the Surety must be properly attested.)
We,
t
CONTRACT TO FURNISH TRANSIT COACHES
PERFORMANCE BOND
(as Principal) and
(as Surety), are bound to pay to the
City of San Luis Obispo ( "the City ") the sum of
dollars ($ ).
If the Principal faithfully performs the Contract to Furnish Transit
Coaches awarded by the City on , then this
obligation shall be null and void. Otherwise, this obligation shall remain in
full force and effect.
Principal:
Signature:
Title:
Company:
Date:
Surety:
Signature:
Title:
Company:
Date:
(Signature of the Surety must be properly attested.)
0
CONTRACT TO FURNISH TRANSIT COACHES
AGREEMENT
The City of San Luis Obispo ("the City "). and
( "the Manufacturer ") agree as follows:
1. SCOPE OF AGREEMENT_
This agreement includes the following documents incorporated by this
reference and supercedes any conflicting provisions within them:
General Provisions
Coach Specifications
Accepted Bid Proposal
Performance Bond
2. ITEMS TO BE FURNISHED
The manufacturer shall furnish within days of executing this
agreement the following coaches at the stated prices:
Extended
Quantity Description Unit Price Price
Standard heavy -duty transit coach
TOTAL
coach.
3. PAYMENT
The City shall pay for each coach within 30 days of accepting that
For the City:
Signature:
Title:
ATTEST: Date:
For the Manufacturer:
Signature:
Title:
Date:
C�
BID LIST
CONTRACT TO FURNISH TRANSIT COACHES
BUS INDUSTRIES OF AMERICA
AMERICAN COACH SALES
16133 VENTURA BLVD., SUITE 850
ENCINO, CA 91436
FLYER INDUSTRIES, LTD.
64 HOKA ST. (P.O. BOX 245)
WINNIPEG, MANITOBA, CANADA R2C 3T4
GMC TRUCK 5 COACH
660 SOUTH BLVD. EAST
PONTIAC, MI 48053
NEOPLAN USA
ROLF RUPPENTHAL AND ASSOCIATES, INC.
825 S. BROADWAY
BOULDER, CO 80303
FLXIBLE CORPORATION
970 PITTSBURGH DRIVE
DELAWARE, OH 43015
GM OF CANADA
P.O. BOX 5160
LONDON, ONTARIO, CANADA N6A 4N5
GILLIG CORPORATION
P.O. BOX 3008
HAYWARD, CA 94540
BLUE BIRD BODY COMPANY
CITY BIRD DIVISION
P.O. BOX 937
FORT VALLEY, GA 31030
BID LIST
CONTRACT TO FURNISH TRANSIT COACHES
CHANCE COACH, INC.
4219 IRVING
WICHITA, KS. 67209
ATLANTIC RESEARCH CORP.
MOBILE SYSTEMS DEPARTMENT
5390 CHEROKEE AVE.
ALEXANDRIA, VA. 22314
SAAB - SCANIA OF AMERICA, INC.
SAAB DRIVE
ORANGE, CT. 06477
CARPENTER BODY WORKS, INC.
LAWSON NATIONAL DIST. CO
SUITE 196, 2900 WILCREST
HOUSTON, TX. 77042
RENAULT BUS DIVISION
MACK TRUCKS, INC.
BOX M., 2100 MACK BLVD.
ALLENTOWN, PA. 18105
RESOLUTION NO. 5206 (Series 1983)
A RESOLUTION APPROVING AGREEMENT NUMBER 64A108
BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF
SAN LUIS OBISPO FOR IMPLEMENTATION OF AN UMTA /FHWA
SECTION 18 CAPITAL GRANT.
BE IT RESOLVED by the Council of the City of San Luis Obispo to:
1. Approve Agreement Number 64A108 between the State of California and the
City of San Luis Obispo for implementation of an UMTA /FHWA Section 18
capital grant.
2. Authorize the Mayor to execute the Agreement,
3. Direct the City Clerk to send the original and two copies of the executed
Agreement to:
Chief, Federal.-Assistance Branch
State of California
Department of Transportation
Division of Mass Transportation
1120 N Street
Sacramento, CA 95814
Attn: Arlyce Barreiros
4. Authorize appropriation of $146,300 -in account number (90) 53 -7550 =000.
On motion of Councilman Dunin ;. seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of September ,
1983.
ATTEST•
CITY LER ES
R 5206
lam%
Resolution No. 5206 (Series 1983)
APPROVED:
City Admi str e -Officer
Attorney
Finance Diie(H-
L T�i._ _
STANDARD AGREEMENT AAPPROVED BY THE C
TTORNEY GENERAL I
STATE OF CALIFORNIA
STD. 2 (REV. 6/81)
THIS AGREEMENT, made and entered into this 6th day of September Ig 8-
in the State of California, by and between State of California, through its duly elected or appointed,
qualified and acting
❑
CONTRACTOR
❑
STATE AGENCY
❑
DEPT. OF GEN. SER.
❑
CONTROLLER
❑
TITLE OF OFFICER ACTING FOR STATE AGENCY NUMBER
Director California Department of Transportation Adnina
City of San Luis Obispo
hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows:
(Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.)
Contractor's application for a capital grant under Section 18 of the
Urban Mass Transportation Act of 1964, as amended, has been approved
for funding by the Federal Highway Administration (FHWA) and this
agreement is entered into between STATE and Contractor for the
purpose of implementing the approved capital grant (hereinafter
referred to as the Project).
Contractor agrees that the Project will be used to provide public
transportation service to a nonurbanized area of the State in
accordance with the terms and conditions of this agreement and the
Contractor's application for federal assistance which is on file
with the Division of Mass Transportation and expressly incorporated
into this agreement.
The provisions on the reverse side hereof constitute a part of this agreement
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY
CONTRACTOR OF drMpl THAN. AN INpIAM STATE WHETHER A 6091 R rpN
Department of Trans ortation R VA RSNIe.ET o an Luis 0 is C AIV f
By IAUTHORED SIGNATURE) B OR D 51 rUREI k v
d
TITLE
TITLE A EST:
MAYOR MEL IE C. BILLIG
CONTINUED ON ADDRESS CITY CLERK PAME VOGES SHEETS. EACH BEARING NAME -0F CONTRACTOR P. 0. Box 32 0
AMOUNT ENCUMBERED PROGRAM /CATEGORY (CODE AND TITLE) FUND TITLE
Use Only
DeparrmeneraiServices NO TATE FUNDS INVOLVED
Use on —
UNENCUMBERED BALANCE (OPTIONAL USE( -
ADJ. INCREASING ENCUMBRANCE ITEM - CHARTER STATUTE F15CAL YEAR
ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE) -
► hereby certify upon my ortm personal knotaledge that budgeted funds are T.B.A. NO.
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
► hereby certify that ail conditions for exemption set forth in State Administrative Manual Section 1209 have
been complied Loth and-this document is ezempt from review by the Department of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY -- DATE -
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or
supplying work, services, materials or supplies in connection with the performance of this contract,
and from any and all claims and losses accruing or resulting to any person, firm or corporation
who may be injured or damaged by the Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of this
agreement, shall act in an independent capacity and not as officers or employees or agents of
State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration
to Contractor should Contractor fail to perform the covenants herein contained at the time and
in the manner herein provided. In the event of such termination the State may proceed with the
work in any manner deemed proper by the State. The cost to the State shall be deducted from
any sum due the Contractor under this agreement, and the balance, if any, shall be paid the
Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor
either in whole or in part.
5. Time is the essence of this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding or agreement not incorporated herein,
shall be binding on any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for
all of Contractors expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
Page 2 of 7
City of San Luis Obispo
Contract.No. 64A108
I. SCOPE OF SERVICE
8. Contractor agrees to operate the equipment made
available through the Project within the service area as described
in Exhibit B of Contractor's application for federal assistance.
II. EQUIPMENT /PAYMENT
9. For the purpose of carrying out the Project, the
following Project equipment with description and estimated cost is to
be purchased by Contractor pursuant to this agreement:
Item
One 39- passenger diesel- powered transit coach
equipped with two -way radio, farebox and wheelchair
lift
10% Contengency
Project Total
Cost
$133,000
13,300
$146,300
10. Upon submission of itemized invoices with all
information necessary to support payment, STATE agrees to voucher
the FHWA for the cost of Project equipment in the amount not to
exceed 80 percent of the net project cost from funds made available
.by FHWA for the Project. No STATE funds shall be payable to
Contractor under this agreement and the total amount to be funded
by FHWA shall not exceed $-89,600
C C)
Page 3 of 7
City of San Luis Obispo
Contract No. 64A108
11. Contractor agrees that it will provide funds in
the amount sufficient, together with the grant, to assure payments
of the actual net project cost. Funds provided will be from sources
other than (a) ineligible federal funds, (b) receipts from the use
of the project facilities /equipment, or (c) revenues of the public
transportation system in which such facilities /equipment are used.
12. No payment will be made for equipment in advance
of purchase, but only after execution of this agreement, submission
of the appropriate purchase order and delivery of equipment. Only
purchases of the equipment described in Paragraph 9 of this agreement
and purchases made after execution of this agreement will be eligible
for payment.
III. CONDITIONS OF PROJECT PERFORMANCE
13. The obligations of the STATE to the Contractor under
the terms of this agreement shall terminate upon receipt of
Contractor's invoice(s) for said equipment purchase and payment to
Contractor thereof. All invoices shall be submitted within one
year of the date of equipment acquisition. In no event shall
project invoices be submitted after August 5, 1986 unless this
date is extended in writing by mutual consent of the parties hereto.
The obligations of the Contractor under this agreement shall remain
in effect until all Project equipment has been disposed of under
the terms of this agreement.
14. All procurement of Project equipment shall be
conducted in accordance with the Procurement Standards set forth
in Attachment O of Federal Office and Management and Budget (OMB)
Circular A -102 and with any supplementary guidelines or regulations
that may be issued by the FHWA. The net Project cost and allowability
of individual items of cost shall be determined in conformance
with the requirements of "Contract Cost Principles and Procedures,
Part 1 -15, of the Federal Procurement Regulations ", (41 CFR Part 1 -15)
with any applicable guidelines or regulations that may be issued by
FHWA.
15. The disposition of all Project equipment shall be
made in accordance with the requirements of Attachment N of
Federal Office of Management and Budget (OMB) Circular A -102.
Whenever any Project equipment is withdrawn from the Project for any
reason, the Contractor shall immediately notify the STATE. At the
option of the STATE, the Contractor shall do one of the following:
(a) Remit to the STATE, for repayment to FHWA, a proportional
amount of the fair market value, if any, of the. equipment,
which shall be determined on the basis of the ratio of the
federal grant funds paid under this agreement to the actual
Page 4 of 7
City of San.Luis Obispo
Contract No. 64A108
purchase cost of the equipment. Fair market value shall be
deemed to be the value of the property as determined by
competent appraisal at the time the equipment is withdrawn
from use on the Project or the net proceeds from public sale,
whichever is approved by the STATE and by the FHWA.
(b) Relinquish the equipment to the STATE in the same condition
as when received by the Contractor, except for reasonable
wear and tear resulting from its use. The parties shall
thereupon determine the amount of compensation, if any, to
be paid by the Contractor to the STATE in order to avoid
any STATE liability to FHWA or to others. Upon its subsequent
disposal of the equipment, the STATE shall reimburse the
Contractor for its proportional amount of the fair market
value.
IV. INSURANCE AND LIABILITY
16. Contractor shall maintain, throughout the term of this
contract, adequate protection against liability for damages for
personal bodily injuries (including death resulting therefrom) and
for damage or destruction of property, whether the property of one
or more claimant, in amounts not less than the amounts required by
the California Public Utilities Commission for passenger stage
corporations.
V. REPORTING AND AUDITING
17. Contractor shall establish and maintain accounting
and reporting procedures that conform to generally accepted accounting
practices or that conform to uniform standards that may be established
by STATE.
18. Contractor shall retain all original records and
documents relating to the Project hereunder financed in part or in
whole with federal funds, and shall make same available for inspection
by STATE, FHWA or Urban Mass Transportation Administration (UMTA)
representatives upon request. Following final.settlement of the
Project accounts with FHWA, such records and documents (microfilming
optional to Contractor) shall be retained for a four -year period from
the date of final payment to Contractor under this agreement.
19. Contractor shall permit STATE and federal agencies to
inspect all work materials, payrolls, and other data and records with
regard to the Project and to permit them to audit the books, records
and accounts of Contractor with regard to the Project. STATE may also
require Contractor to furnish, at any time prior to completion of the
Project, audit reports prepared according to generally accepted
accounting principles.
Page 5 of 7
City of San
Contract No.
20. Contractor shall furnish STATE with
or data that may be required by FHWA. Such reports
will be submitted in forms provided by the STATE.
VI. NONDISCRIMINATION PROVISIONS
Luis Obispo
64A108
any reports
and /or data
21. During the performance of this agreement the
Contractor, its assignees and successors in interest, agree to comply
with the requirements set forth in Appendix A, which is included in
Exhibit E of the Contractor's application for federal assistance, in
addition to the following federal statutes and regulations:
A. Title VI and VII of the Civil Rights Act of 1964,
prohibiting discrimination based on color, race,
national origin, creed, sex, religion, marital status,
ancestry and handicap.
B. Section 504 of the Rehabilitation Act of 1973, which
stipulates that no otherwise qualified handicapped
person shall, solely by reason of his /her handicap, be
excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under
any program or activity that receives or benefits from
federal financial assistance administered by the
Department of Transportation.
C. Contractor shall not discriminate because of national
origin, creed, sex, marital status, color, race,
religion, ancestry, and handicap in bidding, selection
and retention of subcontractors when purchasing
services, materials or leasing equipment. Furthermore,
Contractor shall notify each potential subcontractor of
Contractor's Civil Rights /Affirmative Action obligations
of this agreement under the federal and State laws
and statutes.
D. Contractor will cooperate with STATE with regard to
maximum utilization of minority business enterprises,
and use its best efforts to ensure that minority
business enterprises shall have the maximum opportunity
to compete in subcontractural work under this contract.
VII. SPECIAL SECTION 13(c) WARRANTY FOR APPLICATION
TO THE SMALL URBAN AND RURAL PROGRAM
22. The labor protection provisions of Special Section
13(c) Warranty of the Urban Mass Transportation Act of 1964, as
amended, are hereby satisfied by Contractor's agreement as set forth
in Exhibit "F" of Contractor's application for federal assistance.
l
`J Page 6 of 7
City of San Luis Obispo
Contract No. 64A108
VIII. MISCELLANEOUS
23. State or Territorial Law. In the event that any provi-
sion of this contract requires that Contractor observe or comply with
or perform any activity in contradiction or violation of State or
Territorial law, Contractor will notify the STATE within 30 days, in
writing, of such provision. The remaining provisions shall not be
affected. The unenforceable provision(s) shall be renegotiated by
Contractor and STATE for mutually agreed appropriate changes and /or
modifications; and Contractor shall proceed, as soon as possible, with
the Project.
24. Use of Public
park or recreational area),
historical site of national,
determined by Federal, STATE
thereof, may be used for the
the STATE.
Lands. No publicly owned land (such as a
wildlife and waterfowl refuge; and
State, or local significance as
or local officials having jurisdiction
Project without prior concurrence of
25. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this.contract or to
any benefit arising therefrom.
26. Neither Contractor nor any of its contractors or 'their
subcontractors shall enter- into any contract, subcontract, or arrange-
ment in connection with the Project or any property included or
planned to be included in the Project, in which any member, officer,
or employee of Contractor or the locality, during the Project term
or for one year thereafter, has any direct or indirect interest. If
any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of the Project ter:
any such interest, and if such interest is immediately disclosed to
Contractor and such disclosure is entered upon the minutes of
Contractor, Contractor with the prior approval of STATE, may waive the
prohibition contained in this subsection; provided that any such
present member, officer or employee shall not participate in any
action by Contractor or the locality relating to such contract, sub-
contract, or arrangement.
Contractor shall insert in all contracts entered into in connection
with the Project or with any property ,included or planned to be
included in any Project, and shall require its subcontractors to
insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Contractor
or of the locality during the Project term of for
one year thereafter shall have any interest, direct or
indirect, in this contract or the proceeds thereof."
r
;7
7
Page 7 of 7
City of San Luis Obispo
Contract No. 64A108
The provisions of this subsection shall not be applicable to any
agreement between Contractor and its fiscal depositories, or to any
agreement for utility services the rates for which are fixed or
controlled by a governmental agency.
27. Contractor warrants that it has not paid, and also
agrees not to pay, any bonus or commission for the purpose of
obtaining an approval of its application for the contract hereunder.
IX. PROJECT TERMINATION
28. The STATE may terminate acquisition or operation of the
Project equipment upon finding that the Contractor is not operating
the equipment in accordance with Paragraph 8 or is otherwise not
complying with the terms of this agreement. Termination shall be
by written notice specifying the reason for termination and giving
the Contractor thirty (30) days to correct the default. The STATE
shall be the sole judge as to whether the Contractor's corrective
measures are adequate.
29. The Project may also be terminated if the STATE and
the Contractor agree that its continuation would not produce
beneficial results commensurate with the further expenditure of
funds or if there are inadequate funds to operate the Project
equipment or otherwise complete the Project.
30. Should the Project be terminated as provided in
Paragraph 29 or 30, disposition of the Project equipment shall be
made as directed by the STATE in accordance with Paragraph 15.
r 1
C G
RESOLUTION NO. 5205 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING A STORM DRAIN EASEMENT AT
81 NORTH BROAD STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the storm drain easement at
81 North Broad Street.
On the motion of Councilman Griffin seconded by Councilman Settle ,
and on the following roll call vate:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of September
1983 .
Cit Ad stSotive Officer
'City Attorney
Public Works Director
R 5205
AGREEMENT
This agreement is made and entered into by and between the CITY OF SAN LUIS
OBISPO, a municpal corporation, hereinafter called "City ", and John C: Ballard and
Fern L. Ballard, hereinafter called "Owners ", (collectively referred to hereinafter
as the "parties ".)
WITHESSETH
WHEREAS the City has become aware of a condition of the creek banks in Old.
Garden Creek at the entrance to the. Broad Street culvert, and;
WHEREAS,the City desires to correct the condition by the installation of new
bank protection with adequate slope and proper standards, and;
WHEREAS, the City needs access to the area of construction to convert the
condition.
NOW THEREFORE, THE parties hereto mutually agree as follows:
1. Owners are the owner of that portion of the real property in question,
whose legal description is contained on Exhibit "A" attached hereto and
incorporated herein by this reference.
2_ Owners agree that the City may, at its sole cost, reconstruct the creek
bank along the side of the Property as shown on the plans for City
Project H2OH, Old Garden Creek /Broad (Broad Street to 125' Westerly).
3. The City agrees to pay the full cost for the work including engineering,
surveying, inspection, labor and materials.
4. The City agrees to restore all paving, landscaping and /or fencing removed
or damaged by the installation of the bank protection to the original
condition.
5. The owner agrees to grant an easement across the Property for construction
and maintenance of the new bank protection and agrees to allow the City
access for the expedient construction and maintenance of the bank protection.
6. The City intends to construct the improvement in the summer of 1983, however,
in the event that the City does not construct this project for any reason
within three years, this agreement shall become null and "void.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the 22nd
day of July 1983.
ATTEST�� "�
City Clerk Pamela Vog
Owners
Jo C. Ballard
Fern ^L.pBallard
Michael S. Szatlocky, Witne s
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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h1Q1ty Attorney City Admins ative Officer
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APN 52- 163 -11.
EXHIBIT "AFF
Beginning at a point on the easterly boundary of.that parcel described
at Book 761 of Official Records at Page 471 in the Office of the Recorder of
the county of San Luis Obispo, California, said point being 50 feet northerly
of the southeast corner of said parcel, thence departing said easterly
boundary North 820 38' West a distance of 28 feet; thence North 00 08' West
a distance of 14 feet; thence North 800 08' West a_ distance of 48'; thence
South 790 52' West a distance of 50 feet more or less to a point on the
westerly boundary of said parcel.
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Recording Requested by:
City o7 sari. .uis :'Diapo Doc. No 44144
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAI.
%zn :cco_ded return to:
S E P 16 1983
CITY CLMWS OFFICE FRANCIS M. GOONEY
City of San Lois Obispo County Clerk-Recorder APN 52- 163 -11
P.O. Box 321 TIME
San Luis Obispo, CA 93401 1 0-0 3 5 AM
DEED OF EASEMENT
John C. Ballard and Fern L. Ballard, as Grantors, hereby grant to the
City of San Luis Obispo, a Municipal Corporation, as Grantee, the following
easement in the City of San Luis Obispo, County of San Luis Obispo, State
of California to wit:
An easement to maintain, repair, and enlarge the natural stream known
as Old Garden Creek in that portion of the Northeast quarter of Section 27,
Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the
City of San Luis Obispo, County of San Luis Obispo, State of California,
according to the official plat of the survey of said land approved by the
Surveyor General, said easement being northerly of the following described
line:
Beginning at a point on the easterly boundary of that parcel described
at Book 761 of Official Records at Page 471 in the Office of the Recorder of
the County of San Luis Obispo, California, said point being 50 feet northerly
of the southeast corner of said parcel; thence departing said easterly
boundary North 820 38' West a distance of 28 feet; thence North 00 08' West
a distance of 14 feet; thence North 800 08' West a distance of 48'; thence
South 790 52' West a distance of 50 feet more or less to a point on the
westerly boundary of said parcel.
IN WITNESS WHEREOF, Grantors have hereunto caused their names to be
subscribed this 22nd day of July , 1983.
CAT. NO. NNO0634
TO 1950 CA (7 -82)
(Witness - Individual)
A % _ . !2. I Ll /'
AND RUURANCE ST
STATE OF CALIFORNIA ATCOR CO"'"
COUNTY OF SAN LUIS OBISPO } SS.
On July 22, 1983, before me, the undersigned, a Notary Public in and for
said State, personally appeared _MICHAEL S. SZATLOCKY
personally known to me to be the person whose name is subscribed to the within Instrument, or proved to
be such by the oath of a credible witness who is personally known to me, as being the subscribing Witness
thereto, said subscribing Witness being by me duly sworn,
deposes and says: That this witness res:dcs in San Luis
Obispo- County of San Luis Obispo aid
and that: s witness was ppresent and saw JOHN C.
BALLARD and FERN L. BALLARDQP KIM HOLMES
NOTARY" C personally known to said witness to be the same person SAN LUIS OBISPO COUNTY
described in and whose name is subscribed to the within
CALIFORNIA
and .annexed instrument as a parry thereto, execute and My Commission Expires on April 28, 1887
deliver the same, and that affiaiit subscribed his /her
name to the within Instrument as a Witness.
WITNESS my hand and official seal. rN
\ Signed 4 "J �
103
(This area for official notarial seal)
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C E R T I F I C A '1 E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by
the Deed of Easement
dated July 22 1983, from John C. Ballard
and Fern L. Ballard
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council
pursuant to authority conferred by Resolution No. 549 (1959 Series),
recorded May 26, 1959; in Volume 1002, Official Records, Page 292,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized officer of his agent.
Date: h
CTTY OF SAN LUIS OBISPO
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city of sAn tuts OBlspo
PIE n OFFICE OF THE CITY CLERK • 990 PALM STREET
t Post Office Box 321 • San Luis Obispo, CA 93406 -0321 • 605/541.1000
September 14, 1983
John C. and Fern L. Ballard
81 N. Broad Street
San Luis Obispo, CA 93401
Dear Mr. & Mrs. Ballard:
Please be advised that the San Luis Obispo City Council took action at
its meeting of September 6, 1983, to adopt Resolution No. 5205 (1983
Series), a resolution approving an agreement accepting storm drain easement
at 81 North Broad Street.
A copy of the resolution and agreement are enclosed for your files.
Should you have additional questions, please feel free to call.
SinEhrely,
1 64W 1
amela Voges
City Clerk r, `
PV:eg
Enclosure
cc: Dave Romero, Public Works Director
RESOLUTION NO. 5204 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
Sidewalk Reconstruction Project -
PROJECT: Chorro/Monterey to Higuera CITY PLAN NO. G -30
ESTIMATE: $75,384.00 BUDGET ACCOUNT: (90)23- 4871- 600(G30)
(90)20- 5071- 000(H18E)
BID AMOUNT:
$89,839.00
BIDDER: CONCO Engineering, Inc.
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed
1983.-,-----
ATTEST:
APPROVED:
City Admvi?61tive Officer
Loz 14 L d
City Attorney
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adopted this 6th
day of September ,
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RESOLUTION N0. 5203 (19 83 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
Severline and Waterline Improvement Project -
PROJECT: Branch, Beebee to Broad CITY PLAN NO. E -18 and G -14
ESTIMATE: $270,000.00 BUDGET ACCOUNT: 52- 7062- 733(E18)
50- 6362- 716(G14)
BIDDER: R. Baker, Inc, BID AMOUNT:
$272,412.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of September ,
APPROVED:
City Ad ' ative Officer
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City Attorne
Finance Diner r
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City Eug neAr:
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RESOLUTION NO. 5202 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
Severline Mnprovement Projects-
PROJECT:
Broad/Pacific/Pismo; Chorro
CITY PLAN NO.
G -17, G -19 and E -42
Easement/Rougeot/Meinecke
52- 7062- 733(G -17)
ESTIMATE:
BUDGET ACCOUNT:
$51,340.00
52- 7062- 733(G -19)
BIDDER:
R. Baker, Inc.
BID AMOUNT:
52- 7062- 733(E -42)
$67,253.00
SECTION 2. That the City Clerk is directed to prepare the
appropriate
documents
for signature by the successful
bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilman Settle_ ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of September
APPROVED
City A(Ahisirative Officer
i y Attorney
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RESOLUTION NO. 5201 (1983 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPOINTING ROGER T. PICQUET TO THE OFFICE OF CITY ATTORNEY
WHEREAS, the City Council has conducted an extensive and thorough
review of applicants to fill the vacancy in the office of the City
Attorney, and has determined that Roger T. Picquet, Assistant City
Attorney in the city of Modesto, California, is the best qualified to
fill said office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Luis Obispo as follows:
SECTION 1. Roger,T. Picquet is hereby appointed to the position
4
of City Attorney for the City of San Luis Obispo.
SECTION 2. In consideration of Mr. Picquet's acceptance of the
appointment made hereinabove, the Council adopts the following
employment terms and conditions:
A. Commencement of Employment.
October 3, 1983 is hereby designated as the date of
commencement of Mr. Picquet's duties to serve directly for and
at the pleasure of the City Council.
B. Salary.
(i) The initial base salary to be paid Mr. Picquet for
his services as City Attorney shall be Forty -six Thousand Five
Hundred Dollars ($46,500.00) annually, payable in accordance
with City's customary payroll practices. Regular salary
reviews thereafter shall be conducted by the Council, in
accordance with adopted policy for Council- appointed officers.
(ii) In addition to the base salary, Mr. Picquet shall
receive such other benefits as may be provided in this
R 5201
Resolution No. 52(_,(1983 Series) Page No. 2
10
D.
E
F.
resolution and sick leave, insurance and retirement benefits
as may be provided to Council- appointed officers of the City.
Military Service.
The Council recognizes Mr. Picquet's status as an officer in
the U.S. Naval Reserve and his entitlement to city -paid
benefits as required by the California Military and Veterans
Code for such officers.
Professional Development.
The Council recognizes the need for and advantages of
continued professional development on the part of its staff
and therefore shall budget funds for:
(i) Professional dues and subscriptions.
(ii) Travel and subsistence expenses for meetings of the
League of California Cities' Attorney Department, and other
professional meetings, educational courses and seminars given
within California and directly related to municipal law.
Vacation Leave.
Vacation leave is governed by Section 2708.7 of the Municipal
Code except that it may be taken after the completion of the
sixth calendar month of service since the benefit date.
Termination and Severance Pay.
(i) In the event Mr.
by the City Council during
able to perform the duties
to pay him a lump sum cash
aggregate salary; however,
terminated for,good cause
Picquet's employment is terminated
such time that he is willing and
of City Attorney, the City agrees
payment equal to two (2) months
in the event Mr.. Picquet is
shown, then City shall have no
e.
Resolution No. 5201 Pa No. 3 1983 Series) g
obligation to pay the aggregate severance sum specified in
this subsection.
(ii) During the first twelve (12) months of his
employment, should Mr. Picquet's employment be terminated by
the City Council without cause, the City agrees to give him
sixty (60) days written notice of such termination, with his
salary to continue during that sixty- (60) day period. This
benefit is in addition to that set forth in paragraph (i)
above and shall cease to be in effect after September 30,
1984.
(iii) In the event Mr. Picquet voluntarily resigns his
position with the City, then he shall give the City Council at
least two (2) month's advance written notice and no severance
sum shall be due him.
(iv) In the event of termination of Mr. Picquet's
employment under any circumstances, he shall receive all
vested benefits acquired by him during the period of his
employment.
G. Relocation Expenses.
To assist Mr. Picquet in the costs incurred by moving to City
from Modesto, City agrees to reimburse him for the following
expenses:
(i) Transportation of household goods.
(ii) Temporary storage of household goods, if necessary.
(iii) Insurance charges applicable to the above.
(iv) Temporary housing assistance up to a maximum of
$1,500.00, if need for such assistance is demonstrated.
Resolution No. 520:_ 1983 Series) ID Page No. 4
Should Mr. Picquet be unable to obtain housing for his family
in the San Luis Obispo area by January 1, 1984, the City
Council is willing to consider possible additional monthly
payments to assist in costs incurred in maintaining two
household locations.
H. Temporary Additional Compensation.
Mr. Picquet may incur unusual costs to acquire a house in the
San Luis area. It is the intent of the City to temporarily
offset such unusual costs for housing, suitable to his
family's needs, as part of his compensation. Such additional
temporary compensation shall not extend beyond forty -eight
(48) months from the date it becomes effective. Mr. Picquet
shall act in good faith in acquiring a residence, and shall
use his best efforts to obtain the most favorable financing
terms and conditions.
On motion of Councilwoman Dovey, seconded by Councilman Dunin, and
on the following roll call vote:
AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: Councilman Settle
the foregoing Resolution was passed and adopted this 31st day of August,
1983.
Resolution No. 5X'1983 Series) ( Page No. 5
Approved:
City AdminVE&Etive Officer
7&ejj::t- �( ail/ ✓1�e
City Attorney
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Finance Dire or
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RESOLUTION NO. 5200 (1983 Series)
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
FIRE ENGINEER HENRY TONINI FOR HIS LONG AND
DEDICATED SERVICE TO THE CITY AND ITS CITIZENS
WHEREAS, Henry Tonini has had a Long and distinguished career
with the San Luis Obispo Fire Department, totaling 34 years, having
started in May, 1949; and
WHEREAS, Henry's work habits, application and loyalty to the
City has been an inspiration to many employees who have worked with
him and for him; and
WHEREAS, Henry has dedicated untold_ hours to the citizens of
the community in his response to needs of the City; and
WHEREAS, Henry has made an indelible mark on the community,
and Fire Department; and
WHEREAS, Henry's knowledge and ability will be sorely missed;
and
WHEREAS, lives and amount of property that Henry has saved'
in his 34 years of service is immeasurable,
NOW, THEREFORE, BE IT RESOLVED that this City Council wishes
to express its gratitude and appreciation to Fire Engineer Henry Tonini
for the service he has performed and the contribution he has made to
the community these many years.
On motion of Councilman Dunin seconded by CounciZwoman Dovey
and on the following roZZ call vote:
AYES: Councilmembers Dunin, Dovey and Mayor Billig
NOES: None
ABSENT: CounciZmembers Griffin and Settle
the
Sa o JoregoLng Resolution was passed and adopted this 3lst`day of August
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