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HomeMy WebLinkAbout6275-6299RESOLUTION NO. 6299 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED TO FILE A CONFLICT OF INTEREST STATEMENT AND RESCINDING RESOLUTION NO. 6102 (1987 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Designated city employees and commission members listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement with the City Clerk. On motion of Qnunrilwoman nov y,seconded by Councilwoman Rgnnq and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of Septembe , 1987. ATT CITY CLERK PAMELA VOGES ive Officer 4YOR RON DUNIN City At R 6299 r� DEPARTMENT POSITION TITLE DESIGNATED POSITIONS* EXHIBIT "A" Administrative Office: Assistant Administrative Officer Assistant to the CAD Transit and Contracts Coordinator Executive Secretary City Attorney: Assistant City Attorney City Clerk's Office: City Clerk Community Development Dept.. Director of Community Development Principal Planner Senior Planner Associate Planner(s) Assistant Planner(s) Chief Building Official Plan Check Engineer Building Inspector(s) Administrative Assistant Permit Coordinator Finance Department: Director of Finance Assistant Treasurer Chief Accountant Financial Systems Manager Fire Department: Fire Chief Battalion Chief (Fire Marshal) Fire Captain (Prevention) Fire Prevention Inspector Personnel Department: Personnel Director Personnel Analyst(s) Secretary I (Confidential Employee) Police Department: Chief of Police Police Captain(s) Police Lieutenant(s) Technical Services Coordinator Public Works Department: Director of Public Works Administrative Analyst Utilities Engineer Projects Manager Parking Program Coordinator Building and Parks Manager Utilities Manager Public Works Inspector(s) Sewer Source Control Technician City Engineer Supervising Civil Engineer(s) Engineering Assistant(s) Engineering /Field Supervisor Surveyor Streets Manager Engineering Technician Civil Engineering Assistant(s) Field Inspectors Water Supply & Distribution Supervisor Utilities Maintenance Supervisor Water Treatment Plant Supervisor Wastewater Treatment Plant Supervisor Industrial Waste Inspector Supervising Mechanic Maintenance Supervisor Crew Leader(s) Arborist Golf Course Supervisor Building Maintenance Supervisor Recreation Department: Director of Recreation COMMITTEES /COMMISSIONS Architectural Review Commission HoiisinC Authority & Director BIA Administrator *Or as hereafter may be reclassified. NOTE: Temporary positions may be required to file a Conflict of Interest Statement upon determination by the City Attorney that the temporary position is the functional equivalent of a designated position. City Councilmembers, Planning Commissioners, City Administrative Officer and City Attorney are required to file pursuant to State mandate using Form 721 and are, therefore, not shown as designated positions by the City. F, F,1/f Fr'rvsvllce�, OVIE roil RESOLUTION NO. 6298 (1987 SERIES) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF PRADO ROAD EASTERLY OF SOUTH HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon the Prado Road right -of -way easterly of South Higuera Street, as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. The proposed street abandonment is granted a negative declaration and will not have a significant adverse effect on the environment. SECTION 3. Copies of the map showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 4. Tuesday, October 20, 1987, at 7:05 p:m., or such later hour as may be established by the City Clerk, in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. This resolution, together with the ayes and noes, shall be published once in full at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 6. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least fourteen (14) days before the date set for hearing in accordance with section 8322 of the Streets and Highways Code. SECTION 7. The proceeding to be taken will be subject to the installation of necessary street improvements by the adjacent property owner(s), and subject to any other conditions the council deems appropriate. R 6298 C, • Resolution No. 6298 (1987 Series) Page 2 SECTION 8. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilwoman Dovey , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of September 1987. Mayor Ron Dunin ATTEST: I P'..' V City C rk Pam vog APPROVED: City Aftinistrative Officer City Attj'ney Community Development Director City ngineer E All� co BEARINGS a DISTANCES SCALE: 1 '= 50' QQ N 26014!20" E 71.54' ON 430 27'17 " E 46.96' 3Q N 89 °55'34" W 331.09' ® R 542.00;68 °25'20° L 79.67' 05 N89 0 55'34 "W 257.91' JAR O Z / \ PORTION LOT 28 SUBURBAN TRACT O _rA l0 ,,.,.. city of amaze San LUIS OBI SPO 980 Palm Street /Post Office Box 321, San Luis Obispo, CA 93,406 30' 0 LOT 9 ABANDONMENT PRADO ROAD ABANDONMENT EAST OF HIGUERA ST. OATAPa,NT N15581 k�" 'Ili EXHIBIT "All f jp C-S-S 0 R� O l\ 13 I 41 7* 41 A C-sl-sp N Ul *1-5 J4 l\ 13 I 41 7* 41 A O/ [44 �^ • C.YI Yi 111 of !4. .R[ � I.. x GRANADA a w - H-18-R I BONETTI Q-S L sp i C-sl-sp Ul *1-5 J4 11 Ar MCI A, mt O/ [44 �^ • C.YI Yi 111 of !4. .R[ � I.. x GRANADA a w - H-18-R I BONETTI Q-S L sp i 14 90// 77- ,"moo .,j city of sAn Luis oBispo Resotution of APPQCciAtion RESOLUTION NO. 6297 (1987 Series) A RESOLUTION OF THE COUNCIL Of THE CITY OF SAN LUIS OBISPO IN APPRECIATION OF DON ENGLERT, POLICE CHIEF WHEREAS, Don Englert, in 1960, determined that the City of San Luis Obispo would be his home and accepted a job as patrolman for the San Luis Obispo Police Department on May 16, 1960; and WHEREAS, Don ruined many shoe soles while walking beat and drove thousands of miles for safety of our streets; and WHEREAS, Don improved his skills and soon started his rise through the ranks; and WHEREAS, Don, although lured by higher pay in larger areas, determined to continue his service to the City of San Luis Obispo; and WHEREAS, Don served as Lieutenant and Captain under an array of Chiefs and became the cohesive force in the Department; and WHEREAS, Don Englert was appointed to the San Luis Obispo Police Department's highest position, Chief of Police, on August 16, 1985 and capably led a Police Department second to none in California; and WHEREAS, Don, as Chief of Police, became a valued and active member of the City's Management Team; and WHEREAS, Don has announced that he will retire in August to pursue other interests "including hunting, golf and travel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that the City hereby expresses its grateful appreciation to Chief of Police Don Englert for 27 years of dedicated service to the residents of San Luis Obispo. On motion of Councilman C7riffin, seconded by Councilman Settle, and on the following roll call vote: AYES: Counciimembers C7riffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August, 1987. ATTEST: `' 152.84 R 6297 U RESOLUTION NO. ,6296 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH CONRAD BUILDING SYSTEMS FOR THE DESIGN OF A PARKING STRUCTURE ON THE CORNER OF CHORRO AND MARSH STREETS WHEREAS, the Council at its August 4, 1987 meeting authorized staff to negotiate a contract between the City and professional consultants for the design of a parking structure, and WHEREAS, CONRAD BUILDING SYSTEMS, INC. is a consulting firm qualified to do this work, and WHEREAS, the City has followed established procedures for contracting for professional services, NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign the contract with CONRAD BUILDING SYSTEMS, INC. and the Public Works Director to negotiate and approve each work task to be performed by CONRAD BUILDING SYSTEMS, INC. under the terms and conditions of the Contract. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey,,Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4rh day of August , 1987. MAYOR RON DUNIN ATTEST: _ 21.j OryXh CITY LERK PAM VOG R 6296 r , Resolution No. 6296(1987 Series) Page Two. APPROVED: C'ty Ad inistrative Officer City Att ney inance Director Public Works Director 6 t, %City Engineer n �—; — ,� r _��c.� //�`L_ i O �/I/"t/� --'. CONSULTANT SERVICE AGREEMENT This agreement, made this 4th day of August , 198 7, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and CONRAD BUILDING SYSTEMS, INC. (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the development of a parking structure for approximately 280 stalls and approximately 16,000 square feet of commercial /office space. The services being provided by this consultant under this contract are for the design and construction administration of a new parking structure located at the southerly corner of Chorro and Marsh Streets in San Luis Obispo, as shown in Exhibit 'A'. These services are identified in detail in Exhibit 'B'. WHEREAS, City desires to engage Consultant to provide services described in Exhibit B by reason of its qualifications and experience for performing such services, on the terms and in the manner set forth in Exhibits 'B', 'C', 'D', 'E' and 'F' attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. City. The Director of Public Works shall be the representative of the city for all purposes under this agreement. The Director, or his designated representative, hereby is designated as the Project Manager for the City and shall supervise the progress and execution of the project under this agreement. Consultant Service Agreement Page 2. b. Consultant. Consultant shall assign a single Project Manager to liaison with the City's representative. Bruce Fraser is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager of Consultant designee shall be subject to the prior written acceptance and approval of the Director. Consultant's Project Team is further described in Exhibit 'F' attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit 'F' shall not be changed except by prior written approval of City. Such approval shall not be unreasonably withheld by the City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit 'C' attached hereto and incorporated herein by this reference. b. Laws to be observed. Consultant shall to the extent of its abilities: (1) Notify the City of the need to procure permits and licenses, identify charges and fees, and give notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; Consultant Service Agreement Page 4. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement,. Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 3. DUTIES OF CITY a. The City shall provide full information regarding requirements for the Project including a program, which shall set forth the Consultant's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. The City shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, archaeological data, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. U Consultant Service Agreement Page 5. b. The City shall pay all costs of the services of soil engineers or other consultants when such services are deemed necessary by the Consultant and are approved by the Project Manager. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. c. The City shall pay all costs for permits and plan check fees. d. The City shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the City may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the City. e. The services, information, surveys and reports required above shall be furnished at the City's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. f. If the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Consultant. g. The City shall furnish required information and services and shall render approvals and decisions as expeditiously as possible for the orderly progress of the Consultant's services and of the Work. Consultant Service Agreement Page 6. 4. COMPENSATION a. The Consultant will perform the work in phases as described in Exhibit 'C'. b. Consultant will bill City as provided for in consultant's fee scheduled as described in Exhibit 'D' attached hereto. City will pay this bill within 30 days of receipt. The Consultant may not charge more than the phase amount shown in Exhibit 'D' without prior approval of the City's Project Manager. C. If this contract is not completed within two years from the date of contract, due to no fault of the Consultant, the parties shall renegotiate the fee to account for inflation and additional time spent on the Project. 5. REDESIGN If the lowest responsible bid for construction of the project exceeds the projected project budget of $3,478,000 the Consultant shall, upon request from City, revise the construction documents to reduce the project cost of construction to within the project budget and prepare the necessary documents to readvertise for bids at no cost to City, unless City approves an increase in project budget prior to bidding and agrees to accept cost overruns. The Consultant maintains the right to include deductive alternates in the project's bid documents beyond those deductive alternates requested by the Owner. 6. TIME FOR COMPLETION OF THE WORK a. Project scheduling shall follow the attached chart (Exhibit 'E') unless revisions to the chart are approved in advance by the City's Project Manager. 1 Consultant Service Agreement Page 3• (2) Keep itself informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. c. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. The Consultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement during the project and may reproduce design information after it has become public information or upon completion of this project. I Consultant Service Agreement Page 7. b. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 7. TEMPORARY SUSPENSION The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. In the event of a temporary suspension of more than two months, the Consultant may request City to consider renegotiation of the fee to account for inflation and additional time spent on the Project due to the delay. 8. SUSPENSION; TERMINATION a. Right to suspend or terminate.. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to the effective date of termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City, and which should take into account the work completed up to the date of termination. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed by mutual agreement and his decision shall be binding upon the parties. Consultant Service Agreement Page B. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given.to Consultant in connection with this agreement, except as per paragraph N9 following. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 9. INSPECTION Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 10. OWNERSHIP OF MATERIALS All original drawings, models, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. The consultant may retain a reproducable copy for their records. 1 Consultant Service Agreement Page 9. 11. INDEPENDENT JUDGMENT. Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 12. ASSIGNMENT:" SUBCONSULTANTS: EMPLOYEES This agreement is for the performance of professional design and construction administration services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. It is understood by the City that the Consultant shall retain the services of Subconsultant as identified in Exhibit 'F'. 13• NOTICE All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: City Clerk's Office City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 ATTN: Pamela Voges, CMC To Consultant: CONRAD BUILDING SYSTEMS, INC. P. 0. Box 514 6842 Van Nuys Blvd., Suite 301 Van Nuys, CA 91408 -0514 ATTN: Raymond Itaya 1 I� Consultant Service Agreement Page 10. 14. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 15. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: a) Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; b) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; Consultant Service Agreement Page 11. c) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or. agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement-of any patent rights or claims caused by the use of any apparatus, appliance or materials furnished by Consultant under this agreement; and e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend an y and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. Consultant Service Agreement Page 12. 16. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. City shall be an additional named insured. 18. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or ,law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. Consultant Service Agreement Page 13. 20. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party.. 21. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two- hundred - fifty Dollars ($250) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. 22. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, Consultant Service Agreement Page 14. representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions: This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. ATTEST:) CITYkCLERK PAM VOGES i ch /contract by CONRAD BUILDING SYSTEMS, INC., a CALIFORNIA CORPORATION, dba CONRAD BUILDING SYSTEMS. INC. By. i, CITY OF SAN LUIS OBISPO By IAYOR RON DUNIN 0 v :• g \ e ��,� � . gym d �• °e � L cr .11 t117 �� 1119 i. /�i1. llli �e = 1141 ■ v h r, c _6 r nQ� T1, �1 U $• czz A4 a,5 Alts it W Illy P �® U9 Ilib p'tir litb 7 ,A/ �e * f, r e+ e�`roF a EXHIBIT 'B' SCOPE OF SERVICES SERVICE SCHEDULE Phase I: Review of project construction work 0 Consultant shall identify work necessary to complete a parking structure on the site selected by the City Council. The project review will include consideration of drainage, lighting, landscaping, parking layout, and building design. Anticipated work product will be an itemized report identifying recommended work with cost estimates, based on Phase I review. Phase II: Preparation of preliminary plans Consultant shall, based on City review of Phase I, prepare the project's preliminary plans. The plans will be reviewed by the City Architectural Review Commission and Planning Commission and will provide the basis for the final plans, specifications, and estimates (PS &E). Phase III: Preparation of final plans, specifications, and estimates Subsequent to approval by the reviewing bodies, the consultant will prepare the final PS &E suitable for letting to bid the entire project. City staff anticipates revisions to the final PS &E based on comment from the reviewing bodies. Phase IV: Consultation and inspection During construction the consultant will provide periodic inspection, consultation and development and approval of change orders. C EXHIBIT 'C' C CHORRO STREET PUBLIC PARKING PROJECT SCOPE OF SERVICES PHASE ONE: PRE - DESIGN AND CONCEPTUAL DESIGN SERVICES TASK 1.1: Provide General. Administration and Project Management Consultant Responsibility: Perform on -going correspondence, filing, documentation, notification, and team management responsibilities throughout the phase. City Responsibility: Participate in appropriate meetings and keep consultant apprised of the impact of policy directives and internal City communications. TASK 1.2: Develop a Work Plan and Schedule Consultant Responsibility: Meet with City representatives to establish a work plan, identifying the interface between consultant team members and various City entities, and a schedule which fixes important deadlines and the sequence of activities. City Responsibility: Participate in meeting(s) and approve the work plan and schedule. TASK 1.3: Coordinate the Work of Related Professionals Consultant Responsibility: Coordinate the contracting for, and timing of the work of various related professionals involved in pre- design work on the project, such as soils testing, surveying and construction of a model base. City Responsibility: Provide information on related professional work to be performed directly by City staff. o o TASK 1.4: Perform Data Assembly and Project Orientation Consultant Responsibility: Compile and organize all related background information pertaining to the project site and previous conceptual design work. City Responsibility: Supply background information and pre - design studies as available. TASK 1.5: Establish Project Program Requirements Consultant Responsibility: Identify and itemize building program requirements, including project extent, operational program, parking controls, lighting, stair /elevator requirements, site drainage, landscaping /irrigation requirements, obtain and follow contextual design criteria as developed by the Architectural Review Commission. City Responsibility: Provide input on program specifics which have been established by City departments. TASK 1.6: Refine Conceptual Schemes Consultant Responsibility: Expand on conceptual layout studies, with City input, sufficiently to allow reasonable assumptions to be made regarding actual project configuration and budget requirements. City Responsibility: Review and respond to refined conceptual schemes. TASK 1.7: Prepare Preliminary Budget Consultant Responsibility: Based on program requirements and the scope of the selected conceptual scheme, establish a realistic preliminary budget for probable project construction cost. City Responsibility: Provide any related budget line item amounts, such as land acquisition, that should be included in the preliminary budget. 0 TASK 1.8: Prepare Phase One Statistical Summary Consultant Responsibility: Summarize the work of Phase One in a statistical summary which describes the project quantitatively for fiscal and efficiency analysis. City Responsibility: Review and comment on the statistical summary. END OF PHASE ONE The work of Phase One is complete when the City has accepted the Phase One statistical summary and preferred conceptual scheme in order that the work of Phase Two may proceed. C C PHASE TWO SCHEMATIC DESIGN SERVICES TASK_ 2.1: Provide General Administration and Project Management Services Consultant Responsibility: Perform on -going correspondence, filing, documentation, notification, and team management responsibilities throughout the phase. City Responsibility: Participate in appropriate meetings and keep consultant apprised of the impact of policy directives and internal City communications. TASK 2.2: Provide Regulatory Processing Assistance Consultant Responsibility: Provide the City with assistance in the preparation, packaging, and presentation of applications for the required Use Permit, Architectural Review, and environmental clearance. Attend associated public hearings as required (hearings assumed: 2 before Architectural Review Commission, 1 before Planning Commission, 2 before City Council). City Responsibility: Communicate procedural and schedule requirements of regulatory approvals to Consultant and provide information as required in connection with application materials. TASK 2.3: Perform Schematic Design Consultant Responsibility: Refine the selected conceptual scheme and expand it to the schematic level in plan, section, and elevation. City Responsibility: Review, at staff level, intermediate sketches to help direct the schematic design process. TASK 2.4: Perform Preliminary Structural Engineering Consultant Responsibility: Perform an analysis of the schematic design to review the efficiency of column placements, spans, and the location of shear resisting elements, and establish probable beam and column sizes. O TASK 2.5: Prepare Schematic Design Presentation Documents Consultant Responsibility: Prepare graphic presentation materials, model, and a written schematic design report for review by the Architectural Review Commission, the Planning Commission, and the City Council. TASK 2.6: Make Schematic Design Presentations Consultant Responsibility: Present the schematic project design in required public hearings and in any identified public information forums. City Responsibility: Participate in presentations as appropriate. TASK 2.7: Refine Schematic Design Consultant Responsibility: Meet with City representatives to review ARC, Planning Commission, City Council, and public input and establish design refinements to be made during the design development process. Refine the schematic design and present for supplemental ARC review if required. City Responsibility: Provide guidance regarding what agency and public input to incorporate into design refinement. TASK 2.8: Refine Work Plan and Schedule Consultant Responsibility: Meet with City representatives to update the project work plan and schedule, identifying intermediate review points and hard deadlines for the work of Phase Three. City Responsibility: Participate in meeting(s) and approve the refined work plan and schedule. END OF PHASE TWO The work of Phase Two is complete when schematic Architectural Review and Use Permit entitlements are _- approved, and the refined work plan and schedule has been accepted by the City. PHASE THREE CONSTRUCTION DOCUMENT PRODUCTION TASK 3.1: Provide General Administration and Project Management Services Consultant Responsibility: Perform on -going correspondence, filing, notification, documentation, and team management responsibilities throughout the phase. City Responsibility: Participate in appropriate meetings and apprise consultant of the impact of policy directives and internal City communications. TASK 3.2: Perform Design Development Consultant Responsibility: From approved schematic design, develop control dimensions, critical details, preliminary specifications, and related work to allow construction document production to proceed. TASK 3.3: Perform Final Engineering Consultant Responsibility: Engineer structural, mechanical, electrical and related systems to finalize the type and extent of project components. TASK 3.4: Prepare Cost Estimate Consultant Responsibility: Based on design development documents and final engineering, prepare a detailed estimate of probable project construction cost for the City's use. City Responsibility: Provide any non - construction line item amounts that should be included in the estimate. Review the estimate and advise consultant of any anticipated changes in the project's scope based on costs. TASK 3.5: Present Final Design Documents Consultant Responsibility: Prepare and present final design documents, including color and materials boards, to the Architectural Review Commission for final review. City Responsibility: Participate in presentation as appropriate. TASK 3.6: Produce Construction Documents Consultant Responsibility: Produce the working drawings, specifications, compliance data, and engineering calculations required for accurate bidding and for issuance of a building permit. TASK 3.7: Submit for Plan Check Consultant Responsibility: Assemble and submit construction documents as required for review by the Building Department, Fire Department, Public Works Department, and any other bodies involved in the review and permit issuance process. City Responsibility: Provide guidelines for the extgent of the submittal required and assist with routing to various City departments. END OF PHASE THREE The work of Phase Three is complete when a building permit is ready for issuance by the Building Department and the City Council can authorize advertising for bids. C� O PHASE FOUR: BIDDING AND CONSTRUCTION SERVICES TASK 4.1: Provide General Administration and Project Management Services. Consultant Responsibility: Perform on -going correspondence, filing, documentation, notification, and team management responsibilities throughout the phase. City Responsibility: Keep consultant informed of scheduling associated with the bidding and construction processes. TASK 4.2: Assist the City with the Bidding Process Consultant Responsibility; Help with the distribution of documents, clarifications and addenda as may be required, and analysis of submitted bids. Review and make recommendations on proposed alternates, construction schedule; submittals schedule, temporary facilities, insurances and related items as required. Attend pre -bid and pre -job conferences. City Responsibility: Print plans and specifications, distribute to bidders., receive bids and award contract. TASK 4.3: Assist the City During Construction Consultant Responsibility.: Provide periodic observation of construction in progress to review qual -ity, compliance with the construction documents, and level of completion; provide documentation as required.in connection with field clarifications and.change orders; provide analysis as required in connection with contract administration. City Responsibility: Inspect construction, make progress payments, negotiate and process change orders. TASK 4.4:: Assist the City with Project Close -out Consultant Responsibility: Assist with project close -out and the determination of substantial and final completion; provide record drawings from contractor - supplied as -built documents. City Responsibility: Perform final inspection and make final payment. END OF PHASE FOUR the work of Phase Four is complete with the building is available for occupancy. EXHIBIT 'D' FEE SCHEDULE 1 0 Payments for basic services, as defined in Exhibit 'A', shall be made monthly in proportion to services performed on each Phase so that the compensation at the completion of each Phase shall equal the following amounts of the total compensation: Phase I Pre - design and Conceptual $ 22,700.00 Design Services Phase II Schematic Design Services $ 49,700.00 Phase III Construction Document Production $131,600.00 Phase IV Bidding and Construction Services $'58,500.00 „ Total. Compensation $262,500.00 If the scope of work as defined in Exhibits'B' and '0' or the size of the project is changed or if the City requests changes of work previously approved, such new work shall be considered additional services and shall be compensated for on an hourly basis of 3.0 times direct personnel expense or by re- negotiating a new fee. The City shall reimburse Consultant for materials at cost plus 10% for Consultant expenses. These include but are not limited to the following. items: A. Cost of copies of drawings, specifications, reports, and cost estimate: xerox and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. B. Cost of commercial carrier and public transportation, lodgings. car rental and parking, subsistence and out -of- pocket expenses, private automobile travel..at.$.25 per mile. C. Long distance telephone and telegraphic charges. D. Cost of models, special renderings, promotional photography, special process printing, printed reports, publications, maps, and documents requested by City. • EXHIBIT 'E' CITY OF SAN LUIS OBISPO PROJECTED PARKING STRUCTURE SCHEDULE 01 CONRAD BUILDING SYSTEMS, INC. MTG /EVENT 8/11 8/26 9/9 9/14 9/23 10/6 11/9 WHO DATES 1. Statistical Summary to City M/F /Conrad 2. Design (3 weeks) a) Process M/F /Conrad 8/11 -8/26 b) Submit 3. City staff review (3 weeks) City 8/26 -9/16 4. Environmental Review City 5. Hearing: Schematic ARC Review City 6. Hearing: Planning Commission City 7. Hearing: City Council City 8. Design Revisions and M/F /Conrad 10/6 -10/23 Cost Estimate (10 days) 9. Staff approval to start City 10/23 construction documents 10. Construction documents M/F /Conrad 10/26- 2/1/88 (14 weeks) 11. Hearing: Final ARC City 12. Plan check and revisions City 2/1- 3/28/88 (2 months) 13. Hearing: Council authorize City 3/29 to bid 14. Bidding (5 weeks) City 4/4 -5/11 15. Hearing: Council accept bid City 5/17 16. Construction (1.2 months) Contractor 6/13/88 -5/89 MTG /EVENT 8/11 8/26 9/9 9/14 9/23 10/6 11/9 EXHIBIT 'F' SUBCONSULTANTS 1. Bruce Fraser (Associate- Architect) 979 Osos Street, Suite C -1 San Luis Obispo, California 93401 Phone: (805) 549 -0403 2. Merriam Planning Associates (Associate - Planner) 979 Osos Street, Suite C -3 San Luis Obispo, California 93401 Phone: (805) 543 -7057 3• Donald F. Dickerson Associates (Mechanical and Plumbing) 8155 Van Nuys Boulevard, Suite 930 Panorama City, California 91402 Phone: (818) 989 -0505 Mr. Phillip Trafton 4. T.E.C. (Landscape) 3320 Bullock Lane San Luis Obispo, California 93401 Phone: (805) 541 -0953 Mr. David Farmer 5. Michael Kazimierczak and Associates (Electrical) 12252 Califa Street North Hollywood, California 91607 Phone: (818) 782 -6882 Mr. Michael Kazimierczak ��� �_ //� `mac- .� --a-c� �l�(J. �i � ,tip --�' r w RESOLUTION NO. 6295 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT NO. 3 TO AN AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO AND VENTURA GROUP ARCHITECTS WHEREAS, the City of San Luis Obispo needs more office, storage and meeting space for city hall activities; and WHEREAS, Ventura Group Architects has prepared a schematic design for converting the now vacant city -owned building at 955 Morro Street into office space; and WHEREAS, the city needs an architect to prepare final design, construction documents and furnishings documents for the 955 Morro Remodeling project; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. approve Amendment No. 3 to the agreement for design services between the City of San Luis Obispo and Ventura Group Architects; 2. authorize the mayor to execute the amendment; 3. direct the finance director to transfer $35,000 from the Revenue Sharing Fund CRP appropriation to the 955 Morro Street project; 4. direct the city clerk to furnish copies of this executed resolution and the fully executed amendment to finance department, public works department and: Ventura Group Architects 2207 Ventura Boulevard Camarillo, CA 93010 ATTN: Daniel Maloney On motion of Councilman Settle seconded by Mayor Dunin and on the following roll call vote: AYES: Councilmembers Settle, Mayor Dunin, Dovey, Griffin and Baopa NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of August 1987. ATTEST: 'Mayor Ron Dunin City C1 rk Pamela Vol R-6295 0 Resolution No. 6295 (1987 Series) Page 2 Approved: City Admi istrative Officer &Af:1.1 City Attor ey Finan a Direc or Public Works Director e _ Proj ct Manager iD AMENDMENT NO. .3 AGREEMENT DESIGN SERVICES The City of San Luis Obispo ( "CITY ") and Ventura Group Architects ( "ARCHITECT ") agree to amend the agreement they entered into on September 2, 1986 so that the following paragraphs are added to SECTION III. SCOPE OF ARCHITECT'S WORK: "E. FINAL DESIGN PHASE - 955 MORRO STREET REMODELING 1. Objectives: a. to resolve problems identified during the schematic design phase b. to obtain a use permit C. to obtain architectural approval d. to ensure that the project cost stays within budget 2. Work products: a. final building floor plans (15% of phase) b. final building elevations (15% of phase) C. final furnishings plan (30% of phase) d. use permit (10% of phase) e. architectural approval (10% of phase) f. revised project cost estimate (20% of phase) 3. Possible meetings in San Luis Obispo: a. two meetings with the project manager 4. Fee: $7,050 plus a trip cost of $320 per day per discipline and $.25 per mile if meetings in San Luis Obispo are requested 5. Time for completion: 14 working days F. CONSTRUCTION DOCUMENTS PHASE - 955 MORRO STREET REMODELING 1. Objectives: a. to obtain a construction permit b. to obtain approval of the construction documents and bid package by the city attorney and the city engineer C. to draw up a form of construction contract specific and detailed enough to attract competitive bids for construction of the project Amendment No. 3 Agreement - Design Services Page 2 2. Work products: a. one completed, checked and dated set of original, full -size construction drawings on drafting film (or other acceptable medium) bearing the seal of an architect registered in California (required drawing dimensions: 30 inches vertical by 42 inches horizontal with completely blank margins measuring 1 1/2 inches on the left side and 1/2 inch on the top, bottom and right sides) (60% of phase) b. final construction specifications (10% of phase) C. construction permit (15% of phase) d. final construction cost estimate (5% of phase) e. bidding information (2% of phase) f. form of construction contract (3% of phase) g. final bid alternates list (5% of phase) 3. Fee: $19,040 plus a trip cost of $320 per day per discipline and $.25 per mile if meetings in San Luis Obispo are requested 4. Time for completion: 21 working days G. CONSTRUCTION PHASE - 955 MORRO STREET REMODELING 1. Objectives: a. to notify a large number of qualified bidders about construction of the project b. to maintain a sense of fairness and equity among the bidders C. to select the lowest responsible bidder d. to identify and resolve construction problems quickly and cost - effectively 2. Work products: a. written approvals of all samples, substitutions and shop drawings b. oral and written interpretations of construction drawings and specifications C. oral and written recommendations on proposed change orders 3. Possible meetings in San Luis Obispo: a. meetings with the project manager b. on -site inspections to resolve construction problems 4. Fee: $1,400 plus a trip cost of $320 per day per discipline and $.25 per mile if meetings in San Luis Obispo are requested (City staff will take the lead in distributing invitations to bid, evaluating bids, recommending award of the contract, and managing and inspecting construction during the construction phase) c Amendment No. 3 Agreement - Design Services Page 3 H. FURNISHINGS DOCUMENTS PHASE - 955 MORRO STREET REMODELING 1. Objectives: a. to obtain approval of the furnishings documents and bid package by the city attorney b. to draw up a form of furnishings contract specific and detailed enough to attract competitive bids for furnishing the project 2. Work products: a. final furnishings specifications (80% of phase) b. final furnishings cost estimate (18% of phase) C. final bid alternates list (2% of phase) 3. Possible meetings in San Luis Obispo: a. meetings with the project manager 4. Fee: $3,550 plus a trip cost of $320 per day per discipline and $.25 per mile if meetings in San Luis Obispo are requested 5. Time for completion: 21 working days I. FURNISHINGS PHASE - 955 MORRO STREET REMODELING 1. Objectives: a. to notify selected, qualified bidders about installation of the project furnishings b. to maintain a sense of fairness and equity among the bidders C. to select the lowest responsible bidder d. to resolve furnishing installation problems quickly and cost - effectively 2. Work products: b. oral and written interpretations of furnishings specifications C. oral and written recommendations on proposed change orders 3. Possible meetings in San Luis Obispo: a. on -site inspection at delivery and supervision during installation of the furnishings 4. Fee: $1,600 plus a trip cost of $320 per day per discipline and $.25 per mile if meetings in San Luis Obispo are requested (City staff will take the lead in distributing invitations to bid, evaluating bids, recommending award of the contract, and managing and inspecting the furnishings installation during the furnishings phase) �v Amendment No. 3 Agreement - Design Services Page 4 J. CLOSEOUT PHASE - 955 MORRO STREET REMODELING 1 L� 1. Objective: to ensure that the completed construction and the furnishings installation comply with original plans and specifications as modified by possible change orders 2. Work products: a. a written recommendation to file notices of completion and to pay contract retentions b. as -built drawings of the completed construction 3. Fee: a trip cost of $320 per day per discipline and $.25 per mile if meetings in San Luis Obispo are requested" This amendment is executed by the following authorized representatives: FOR VENTURA GROUP ARCHITECTS Aa� r.,//. /Z 6 /9B7 date Attest: FOR CITY OF SAN LUIS OBISPO: der Jy�,r Gsawmnm� on Dunin L2 h1l dat Cit Clerk Pam Vogt R 6295 i RESOLUTION NO. 6294 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF A NEW CITY - COUNTY LIBRARY AT 955 PALM STREET AND AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER FUNDS WHEREAS, the City Council received bids for a new City- County Library at 955 Palm Street; and WHEREAS, the bids received exceeded the consultant engineer's estimate and the project budget; and WHEREAS, the City Council agrees to contribute $125,000 for half of the increased cost of construction; and WHEREAS, the Council of the City of San Luis Obispo hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the city for the following: PROJECT.: City- County Library FUND ACCOUNT: Library Fund. ESTIMATE: $2,715,000 BIDDER: Maino Construction BUDGET: BID AMOUNT: $2,545,000 $2,882,911 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Luis Obispo: Section 1. The City Clerk is directed to coordinate with the County Clerk's Office, preparation of the appropriate documents for signature by the successful bidder, the Mayor and the Chairman of the Board of Supervisors. Section 2. The City Finance Director shall transfer $125,000 from the l Library Fund into the Joint City /County Libraiy"Fund' (LAIF) in' the-'State Treasury by August 15, 1987. R 6294 Resolution No. 6294 (1987 Series) Page Two. The City Clerk shall furnish a copy of this Resolution to the City Finance Director, City Public Works Director and the County Administrative Officer. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August, 1987. MAYOR_ RON DUNIN ATTEST• CITY CLERK PAM vef ES ■• w r r� ar r r APPROVED: City A inistiv� er City Att ney ,,--i lic Works Di ,2ity Finance Director City Engineer R 6294 / -� (, f � �_ �� � C �/'L C/o �%cd�c� �J - /•��� :r. RESOLUTION NO. 6293 (1987. Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP FOR PROPERTIES IN RAILROAD SQUARE AT 1815 -1819 OSOS STREET (GP /R 1310) WHEREAS, the Planning Commission and the City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the item has been forwarded to the council with comments from the Planning Commission, and the council has considered staff reports, Planning Commission minutes, public testimony, and materials submitted by applicants; and WHEREAS, the potential environmental impacts of the change have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines, and a negative declaration has been granted for the proposed amendment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. The general plan Land Use Element map is amended as indicated in the attached Exhibit,-. "A"." - 2. The Community Development Director shall cause the changes to be reflected in the publications and maps which are on display in City Hall and which are made available to the public. 3. This action shall take effect 30 days from the date of adoption of this resolution. PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting thereof held on the _4vb day of August 1 1987, on motion of Councilman Settle by Councilman Griffin call vote: seconded , and on the following roll R 6293 Resolution No. 6293 (1987 Series) Page 2 AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None Mayor Ron Dunin ATTEST: ft)"J,n ( )t:06 City Cler - Pam Voges APPROVED: City 0. nistrative Officer 4VL_� Pe_� City Attorney Community Development Director R 6293 •ICI I,II�I��dI�;,IJt,.. r;. µ ;.��. �ipld I�I�IIIIIIId�i,Yiii''�!i) ti'iJ' I 1' t1 �I�IIII '�IIIII��� �III�4 .nib i. t. T, C./ 4 J � � �� / /�� /Ylc�� /�tC� RESOLUTION NO. 6292 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF USE PERMIT U1320 TO ALLOW AN ELECTRONIC GAME AMUSEMENT CENTER AT THE CENTRAL COAST PLAZA WHEREAS, Larry Stearn, applicant, has submitted an application to the city for a use permit to operate a coin - operated electronic game amusement center at the Central Coast Plaza, 321 Madonna Road, # 75; and WHEREAS, this council has held a public hearing to consider the request and has considered the statements of staff, applicant, and others offering testimony and written statements at the hearing; and WHEREAS, council members have also considered all materials submitted to it as part of regular agenda packets 'regarding the application; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based on its consideration of the materials and comments hereinabove described, the council finds as follows: 1. The proposed use will not be detrimental to the health, safety, and welfare of persons living or working in the area. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan. 4. The proposed use is categorically exempt from environmental review. SECTION 2. Conditions. Based on these findings and on the circumstances peculiar to the site and to the operation applied for, Use Permit U1320 is granted and an application for a license is hereby approved, subject to the following conditions: 1. Applicant shall comply with all the facility and operation requirements included in Section 5.52.040 of the SLO Municipal Code. 2. Hours of operation shall be limited to the hours of the enclosed mall portion of the Central Coast Plaza. R 6292 O G Resolution No. 6292 (1987 Series) Use Permit U1320 Page 2 3. Applicant shall maintain and regulate the premises in a manner so as to discourage loitering, disturbing of customers, unruliness, and unlawful activities. 4. Applicant shall post a sign in a conspicuous location at the center setting out the conditions herein relating to the operation and conduct of the business. The sign and its location shall be approved by the Community Development Director. 5. At any time the City Council may review the use permit if written complaints from citizens or the Police Department are received by the Community Development Department. The City Council may add, delete or modify conditions of approval or may revoke the use permit. If the formal background check of the applicant indicates that he has a criminal history that in the estimation of the Police Department would affect his capability of running a legitimate game arcade, then a revocation hearing will be scheduled. 6. The use permit shall be reviewed by the Community Development Director within six (6) months to ensure ordinance compliance. On motion of Councilwoman Rappa seconded by Councilwoman Dovey . and on the following roll call vote: AYES: Councilmembers Rappa, Dovey, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of August ATTEST: City Jerk Pan Voges 1987. 'Mayor Ron Dunin • Resolution No. 6292 (1987 Series) Use Permit U1320 Page 3 APPROVED: City dministrative Officer Community Development Director ��-- • o �. �� C C RESOLUTION NO. 6291 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existence as of August 4, 1987, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels in Fiscal Year 1986 -1987 in accordance with provisions of the City's Municipal Code, Section 8.08.010 to 8.08.110 inclusive. 2. The Director of Finance is directed to send a copy of this Resolution to the Obispo for collections taxes for 1986/87 On motion of rnnnr i 1 wom Councilman Griffin AYES: Councilmembers NOES: None ABSENT: None Auditor - Controller of the County of San Luis of said liens along with regular City property 3n Dovey seconded by and on the following roll call vote: )ovey, Griffin, Rappa, Settle and Mayor Dunin the foregoing Resolution was passed and adopted this 4th Day of Agusut , 1987. <01TO-R RON DUNIN ATTES . ��AIM40L )rv" CITY 1CffKKj, PAMELA OGES R 6291 APPROVED: ty Ad inistrative Officer Fire Chief O City Att rney C7�//z - e4— 4:�::= ,lKifiance' Directo R 6291 EXHIBIT A The .following is a breakdown of Fire Department abatement costs for 1981. This report is being submitted to the San Luis Obispo City Council for approval on August 4, 1987. .90 X. Name Parcel No F D Cost Ad-min, Fee Penaltv Total Carlsson, E. 01,031,018 72.00 54.00 75.00 201.00 940$9 221 Casa 295v5G LOUR C. Michel 01,061,011 108.00 81.00 75.00 264.00 1690 Wilson Corp. 04,3611073 108.00 M. Lombardo 01,064,008 60.00 45.00 75.00 180.00 1673 Phillips R. Smith 04,532,005 72.00 54.00 Allied Ser. 01,152,008 144.00 108.00 75.00 327.00 1951-79 Monterey John Mitchell 04,5831040 88000 66.00 M & P Ltd 02,292,020 152.00 114.00 75.00 341.00 626 Broad J. Traylor 04,591,017 72.00 54.00 M. Dewees 03,553,023 72.00 54.00 75.00 201.00 1036 Leff T. McSherry 04,601,018 T. Weddle 03,573,003 60.00 45.00 75.00 180.00 75.00 1121 George 3361 & 3369 Broad ehrigt Bishop -24 1-52z89 1:14 , Off Bishop .90 X. Behind 12250 Flora $4o, 292,,04 2 6vGGy 940$9 75. go 295v5G LOUR Inventio 04,361,072 Corp. 04,3611073 108.00 81.00 75.00 264.00 Behind 3408 Edgewood R. Smith 04,532,005 72.00 54.00 75.00 201.00 1228 Atascadero John Mitchell 04,5831040 88000 66.00 75.00 229.00 3175 Broad J. Traylor 04,591,017 72.00 54.00 75.00 201.00 3295 Rockview T. McSherry 04,601,018 04,601,019 120.00 90.00 75.00 285.00 3361 & 3369 Broad Pac Coast Lumber 04,802,007 236.00 177.00 75.00 488.00 65 1/2 Higuera ff. Nwider t: e4,84i,e2e 2231 Broad 36.ee 291.06 915.90 19 8.90 R. Bruce 04,851,008 140.00 105.00 75.00 320.00 evAhciie- 1023 San Carlos . i4eedhr#�ige- Stan Bell 5213111007 72100 54.00 75.00 201.00 327 Los Cerros Stan Bell 52,311,012 88.00 66.00 75.00 229.00 364 Los Cerros Stan Bell, 52,311,013 72.00 54.00 75.00 201600 330 Los Cerros Stan Bell 52,311,014 36.00 27.00 75.00 138.00 300 Los Cerros Stan Bell 52,311,015 36.00 27.00 75.00 138.00 288 Los Cerros Stan Bell 521311,023 88.00 66.00 75.00 229.00 Next to 388 Los Cerros Start Bell 52,312,002 72.00 54.00 75.00 201.00 67 La Loma Stan Bell 52,312,017 48.00 36.00 75.00 159.00 412 Cerro Romauldo 628 Gaiwifto Blue Moon 531031,019 100.00 75.00 75.00 250.00 3121 So. Higuera R. Davidson 53,062,018 72.00 54.00 75.00 .201.00 875 Capitolio I. Lara 53,0631001 72.00 54.00 75.00 201.00 3418 Sacramento M. Kaney 53,241,034 88.00 66.00 75.00 229.00 1854 Castillo Ct. The Meadows 531272,027 56.00 42.00 75.00 173.00 Mariposa SUB TOTALS 3,378:00 21533.50 2,625.00 8,536.50 So. Pac. Transportation Co. 8.698.00 6,523.50 75.00 15,296.50 TOTALS 12,076.00 91057.00 21700.00 23,833.00 �% /1 � o RESOLUTION NO. 6289 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING A LACK OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN WHEREAS, on January 27, 1987, this Council adopted a Resolution of Necessity to Acquire Certain Real Property by Eminent Domain for Municipal Purposes (Parking Facility at 751 Marsh Street), said property then and now being owned by Cuesta Title Guaranty Company; and WHEREAS, subsequent investigation and newly - developed information has indicated that other sites are better suited for a parking facility in light of all facts and circumstances; and WHEREAS, this Council has selected one of the other sites as the desired location for the next parking facility project; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The public interest and necessity no longer require the project at 751 Marsh Street nor the acquisition of said real property for the project as stated in Resolution No. 6144 (1987 Series). SECTION 2. Authorization for any and all proceedings in said resolution for the acquisition of real property at 751 Marsh Street, San Luis Obispo, California (Assessor's Parcels APN 003 - 523 -11 and APN 003 - 523 -7), at the southwest corner of Garden Street, is hereby withdrawn. On motion of Councilwoman Rappa , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None R 6289 the foregoing Resolution was passed and adopted this 4th day of August , 1987, ATTEST: V CITY CL RK PAM VOGIO APPROVED: V City Administrative Officer H City At MAY` pR RON UNIN R 6289 4� ` �� ��� �ir�ai�lc� r RESOLUTION NO. 6290 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING OPTION AGREEMENT AND RELATED DOCUMENTS REGARDING ACQUISITION OF PROPERTY ON ORCUTT ROAD AND SALE OF SURPLUS PROPERTY ON EMILY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Option Agreement and related documents regarding acquisition of property on Orcutt Road and sale of surplus property on Emily Street, attached hereto as Exhibit "A" and by this reference made a part hereof, have been reviewed and are approved and the Mayor is authorized to execute the same. On motion of Councilwoman Rappa , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August 1987. MAYOR RON DUNIN AT ST, CITW CLERK PAM GES 'i City Administrative Officer City At rney R 6290 � -lit.. � . L OPTION AGREEMENT This Option Agreement is made and entered into this 4th day of August , 1987, by and between DONALD STICKLER and MARILYN J. STICKLER ( "Owner "), and the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, ( "City "), who agree as follows: 1. Owner grants to City an option to purchase that real property commonly known as the Stickler property, Orcutt Road, San Luis Obispo, California, legally described as a portion of Lots 117 and 118, San Luis Obispo Suburban Tract consisting of 1.94+ acres in the City of San Luis Obispo, State of California ("the Property ") as shown in more detail in the attached Exhibit "A ", on the terms and conditions set forth in this Option Agreement and the Purchase and Sale Agreement attached hereto as Exhibit "B ". The price of this option shall be the sum of One Hundred Twenty -Five Thousand Dollars ($125,000), ( "option price "). It shall be paid by City to Owner in accordance with the terms and schedule as set forth herein. The option price, or that portion of same paid in accordance with this Agreement, shall be applied to or credited against the purchase price of the property in the event the option.is exercised. Should owner breach any material condition or obligation imposed by this Agreement, or related Agreement for the sale of 642 Emily Street, City shall be entitled to return of all monies paid towards the option price. This is in addition to any other remedy available to City in law or at equity. 2. The term of this option shall commence on the date of this Option Agreement and shall expire at 5:00 p.m. five (5) calendar years later. The option shall be considered as a single term with option price payments to be made in five (5) equal yearly payments of $25,000 each, totalling $125,000, each payment to be made by July 1, with the exception that the first payment may be made up to 60 days after approval of this option by the Council. 3. City may exercise this option by delivering to Owner at 760 Higuera Street, San Luis Obispo, California, at any time prior to the expiration of the option term, a written notice (the "Exercise Notice "), which Exercise Notice shall state that the option is exercised without condition or qualification. The Exercise Notice must be accompanied by two (2) copies of the Purchase and Sale Agreement identical to the form of Purchase and Sale Agreement attached as Exhibit "B ", executed by City. 4. On receipt of the Exercise Notice by Owner prior to the expiration of the option term and the two (2) copies of the Purchase and Sale Agreement executed by City, Owner shall execute the Purchase and Sale Agreement and deliver an executed copy to City. Owner's failure to execute and deliver a copy of the Purchase and Sale Agreement in accordance with this paragraph shall not affect the validity of the Purchase and Sale Agreement. The Purchase and Sale Agreement shall be immediately effective and binding on both Owner and City without further execution by the parties. Within three (3) days of receipt of the Exercise Notice, Owner shall open an escrow at an escrow company mutually acceptable to Owner and City, in San Luis Obispo, California. 5. Owner warrants that he is the owner of the property, and that he has marketable and insurable fee simple title to the Property, free and clear of all restrictions, liens and encumbrances, subject only to taxes for the current year which are not then due and payable, or any exceptions -2- which City approves in writing prior to the close of escrow. Owner warrants that there are no leases, subleases, occupancies or tenancies in effect pertaining to the Property. Owner covenants and agrees that during the option term and until the property is conveyed to City, in the event this option is exercised, the undersigned will not encumber the property in any way, nor lease, rent or grant any property or contract right relating to the property without the prior written consent of City. 6. Owner agrees that City may use the property during the option term for the purpose of accumulating and storing fill dirt for use in the eventual construction of the desired grade separation (overpass). Owner further agrees that should this option not be exercised, for any reason whatsoever, any and all material and fill so deposited by City shall remain on the property and become the property of and the sole responsibility, fiscal or otherwise, of owner. 7. City shall pay all real property taxes which may accrue during the option term in a timely manner upon request, notification and satisfactory documentation by owner as to the amount due and payable. 8. By close of escrow for this option, owner will dedicate to City the City's standard +22 foot right -of -way or "setback" on Lots 116, 117, and 118, as shown in more detail in the attached Exhibit "C ". During the option period City will not exact or require any additional right -of -way dedications relating to Orcutt Road frontage upon development of Lot 118. Those dedications or exactions not associated with Orcutt Road right -of -way may be imposed upon development of Lot 118 in accordance with established City practice and policy. City makes no representations or promises that it will not require or exact dedications of any nature upon -3- ri • development of Lots 116 and 117. 9. Owner agrees to pay all costs associated with this transaction, including, but not limited to,.escrow fees, closing charges, cost of appraisal, and broker or agents commissions or fees (if any).. W. Owner agrees to provide any and all necessary documentation showing the status of ownership for Lot 117 and evidencing the willingness and agreement of any other person claiming or appearing to have a property interest in said lot to any and all of the terms of this option or the purchase and sale agreement which may affect Lot 117. 11. Owner and City agree that this option is contingent upon owner purchasing real property belonging to City at 642 Emily Street, San Luis Obispo, and which is the subject of a separate Purchase and Sale Agreement, a copy of which is attached hereto as Exhibit "D ". The parties to this transaction agree that the escrows for the two transactions shall close concurrently. 12. In the event this option is exercised by City, Owner will convey title to the property to City by grant deed subject only to (a) taxes for the current year which are not due and payable, and (b) any exceptions which City approves in writing. 13.. Within fifteen (15.) days after execution of this Option Agreement by both Owner and City, Owner shall deliver to City a copy of a title report of the condition of title to the property, showing title vested in Donald Stickler and Marilyn J.. Stickler. From the date of receipt by . City, City shall have fifteen (15) days in which to approve or disapprove of any and all conditions shown on the report. 14. If City disapproves, any exception to title,. as provided above, -4- C� Owner shall clear the disapproved exceptions. Should Owner fail to clear such exceptions within fifteen (15) days of notice of disapproval from City, this option shall, at City's election, terminate. In the event of termination. Owner shall refund any and all option price payments paid to Owner by City. 15. If this option is terminated, or expires without City exercising the option, City agrees, if requested by Owner, to execute, acknowledge, and deliver a quitclaim deed to Owner. 16. Either party to this Option Agreement may record a Memorandum of Option. 17. All notices, demands, requests and exercises under this option by either party shall be hand delivered or sent by United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the other party as follows: OWNERS: Donald and Marilyn J. Stickler 760 Higuera Street San Luis Obispo, CA 93401 CITY: City Attorney City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Notices, demands, requests, and exercises served in the above manner shall be deemed served at the time the notice, demand, or request is hand delivered or postmarked to the addresses shown above. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 18. If it becomes necessary for either party to take any action to enforce this option, or any of its terms, the prevailing party shall be entitled to reasonable attorney's fees and costs. ZFZ 19. This Option Agreement contains the entire agreement between the parties respecting the matters set forth herein, and supersedes any prior agreements between the parties respecting such matters. This agreement may not be altered or otherwise modified except by writing executed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. OW ER onald Stick , 1 Mari yn J. ickl r CITY CITY OF SAN -LUIS OBISPO Raw By AT EST / or on Dunin i Ciy Clerk Pamela Vp es -6- ua ►- 7 1-- 2 O � r J � 40' � v_ it _. LOT 116 T P.O. B. ORCVTT ROAD - --cam -- - - 4 LOT III $Uirr-J. fR9-AJN BEAKINGS � DISTANCES I N 890 34' 00" E 250. 00, DD° 26' 00" E 42.00' S 670 00' 19 it E 50.09 , S 65° IV I1 E 100.40' �5 S 150 19' 26' E 103. 58' © S 110 23' 51" E 21 1 . 51' �7 $ 76' 23' 5O" E IDS. 06' ® S q1v 51. 49" E I D 0. 84' 09 S 66° 29' 24" E 100 24' I0 N Q90 39' 00' E 130 DD'± 101 N 33° 30' o0" W 163 00 ± 11 S 89. 34' DO' W - J' 42' \ LOT 119 - rr�r --\r r 0 N Q SCALE I" = 200' d � 3 , I. a o_ STICKLER TO CITY OF SAN LUIS OSISPO SETBACK LINE WIVENIN4 "Alf C O That portion of Lots 117 and 118 of the San Luis Suburban tract, filed for record February 7, 1906 in Book 1 of Record of Surveys at Page 92 in the Office of the County Recorder, County of San Luis Obispo, State of California, all the land between a line 22.00 feet (measured at right angles) southerly of the southerly line of Orcutt Road and the following described line: Beginning at the intersection of the centerlines of Orcutt Road and McMillan (formerly Orcutt Ave.); thence North 890 34' East along the centerline of Orcutt Road a distance of 250.00 feet to a point; thence South 000 26' East a distance of 42.00 feet to the true POINT OF BEGINNING; thence South 870 00' 19" East a distance of 50.09 feet to a point; thence South 850 17' 17" East a distance of 100.40 feet to a point; thence South 750 19' 26" East a distance of 103.58 feet to a point; thence South 710 23' 57" East a. distance of 211.57 feet to a point; thence South 760 23' 50" East a distance of 103.08 feet to a point; thence South 820 57' 49" East a distance of 100.84 feet to a point; thence South 860 29' 24" East a distance of 100.24 feet to a point; thence North 890 34' 00" East a distance of 130.00 more or less to the westerly line of the Southern Pacific Railroad right -of -way; thence North 330 30' 00" West along said westerly line a distance of 183.00 feet more or less to a point that is 42.00 (measured at right angles) from the centerline of Orcutt Road; thence South 890 34' 00" West to the TRUE POINT OF BEGINNING. tpg /desc -2 by M1 O O PURCHASE AND SALE AGREEMENT (642 Emily Street.) THIS PURCHASE AND SALE AGREEMENT ( "Agreement ") is dated for reference purposes only as of August 4 1 1987, and constitutes an agreement. by which CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ( "Seller ") agrees to effect a sale of, and DONALD STICKLER and MARILYN J. STICKLER ( "Buyer ") agrees to purchase that certain real property ( "Property ") consisting of approximately 41,465 plus or minus square feet in the City of San Luis Obispo, County of San Luis Obispo, California, more particularly described on Exhibit "1 ", attached hereto and incorporated herein by this reference, commonly known as 642 Emily Street, San Luis Obispo, California. The terms and conditions of this Agreement, are as follows: 1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property upon the terms and conditions herein set forth. 2. Purchase Price. The Purchase.Price of the Property shall be Three Hundred Ten Thousand Dollars ($310,000) cash. 3. Payment of Purchase.Price. Prior to "Close of Escrow" as defined below. Buyer shall pay the Purchase Price for the Property by delivering to the Escrow Holder, .(as defined below) for disbursement to the Seller, as provided for in this Agreement, cash in the amount equal to the Purchase Price. Any sums delivered to the Escrow Holder pursuant to this paragraph 3 shall be deposited in an interest bearing account with all interest accruing in Buyer's favor. 4. Conditions of Title. Fee simple absolute title to the Property shall be conveyed by Seller to Buyer by grant deed (which grant deed shall EXHIBIT ''D" C: be fully executed and acknowledged and deposited by Seller into escrow prior to the close thereof, subject to no reservations and subject only to the following conditions of title ( "Conditions of Title ")). a. A lien to secure payment of real estate taxes, not delinquent; b. Matters affecting the Conditions of Title created by, or with the written consent of, Buyer; With respect to any encumbrances securing obligations relative to the Property, including, but not limited to, deeds of trust, Seller covenants that it will cause the removal of all said encumbrances by the Close of Escrow (as defined below). Title shall be evidenced by the willingness of the Escrow Holder to issue its C.L.T.A. owners form policy of title insurance in the amount of the Purchase Price showing title to the Property vested in Buyer, subject only to the Conditions of Title. If Escrow Holder (as defined below) is unwilling to issue such insurance policy, or if Seller has not removed any exceptions disapproved by Buyer prior to the Close of Escrow (as defined below), at Buyer's option and in addition to any other remedies available to Buyer, all obligations to the parties hereunder shall terminate, the Escrow Holder shall return to Buyer any sums which have been deposited into Escrow by Buyer and Seller shall bear the costs of escrow. 5. Escrow. a. Opening of Escrow. Upon execution of this Agreement, an escrow account shall be opened with Ticor Title Insurance ( "Escrow Holder "),. or other title insurance company mutually agreed to by the parties in writing, at an office in San Luis Obispo, California, for the consummation of this transaction. -2- C O b. Close of Escrow. For the purposes of this Agreement, the "Close of Escrow" shall be defined as the date that the Grant Deed conveying the Property to Buyer is recorded in the official records of the County of San Luis Obispo. The parties agree. to use their best efforts to effect the Close of Escrow, and the parties shall be in a position to close no earlier than August 4 , 1987 and not later than October 2 , 1987 (the latter is the "Closing Date "). In the event that this escrow fails to close by the Closing Date (or as extended by the mutual written agreement of the parties delivered to Escrow Holder prior to the Closing Date) by reason of any defaults hereunder, the defaulting party shall bear all costs and expenses of escrow. 6. Costs and Expenses. The cost and expense of the title insurance policy to be issued in favor of the Buyer pursuant to paragraph 4 hereof, shall be paid by Buyer. Except as otherwise specifically provided herein, the escrow fee of Escrow Holder shall be paid by Buyer. Buyer shall pay all documentary transfer taxes payable in the recordation of the Grant Deed and any other documents which the parties may mutually direct to be recorded in the official records. Buyer shall pay, respectively, any and all of the Escrow Holder's customary charges to either party for document drafting, recording, and miscellaneous charges. Real property taxes for the Property shall be prorated as of the Close of Escrow. 7'. Disbursements and other actions by Escrow Holder. Upon the Close of Escrow, the Escrow Holder shall promptly undertake all of the following in the manner hereinbelow indicated: a. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price for the Property as follows: -3- C� O (1) Deduct therefrom all items chargeable to account of Seller pursuant hereto and for the account of any lenders of record, pursuant to separate instructions by Seller. (2) The remaining balance of the funds so deposited by Buyer shall be disbursed to Seller promptly upon the Close of Escrow. b. Cause the Grant Deed and any other documents which the parties hereto may mutually direct to be recorded in the official records. 8. Lease of Premises to Buyer. Prior to close of escrow, Buyer may lease the premises from Seller for the sum of $225 per month. Buyer will be solely responsible for the maintenance and condition of the premises during such tenancy and shall indemnify and hold harmless Seller from any and all claims, losses, liabilities or injuries arising from his use of the premises, including those alleged to be attributable to the condition of the property. Should escrow fail to close for any reason whatsoever, Buyer agrees to terminate his tenancy within fifteen (15) days of notice to quit by Seller. 9. Default. Buyer agrees that if the within sale is not completed as herein provided through no fault of Seller, Seller, at its option shall be entitled, in addition to any other remedy now or hereafter available to Seller under the laws or judicial decisions of the State of California, to compel Buyer to perform his obligations under this Agreement by means of a specific performance proceeding or Seller may terminate this Agreement and shall be entitled to recover all of its out -of- pocket expenses from Buyer which Seller incurred or became liable for in connection with this transaction including costs and expenses of Escrow otherwise to be paid by Seller. 10. Notices. All notices or other communication required or -4- C7 C permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: Seller: City Attorney City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Buyer: Donald & Marilyn J. Stickler 760 Higuera Street P. 0. Box 389 San Luis Obispo, CA 93401 Notice shall be deemed given as of the time of personal delivery or forty -eight (48) hours following deposit in the United States mail. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 11. Brokers. Seller represents and warrants to Buyer that no broker or finder has been engaged by it in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any Way connected with any of such transactions. Buyer represents that he has engaged the services of Lynn Cooper to assist him in this transaction and warrants he is solely responsible for any compensation that may be due Mr. Cooper. In the event of any additional claims for brokers' or finders' fees for consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement or representation or agreement by Buyer and Seller shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation, or agreement made by Seller. -5- C O 12. Seller's Representations and Warranties. a. In addition to any express agreements of Seller contained herein, the following constitute representations and warranties of Seller which shall be true and correct as of the Close of Escrow (and the truth and accuracy of which shall constitute a condition to the Close of Escrow) (1) There are no actions, suits, materials, claims, legal proceedings or any other proceedings affecting the Property or any portion thereof at law or in equity before any Court or governmental agency, domestic or foreign. (2) Seller has not received any notices from governmental authorities pertaining to violations of law or governmental regulations with respect to the Property, and does not know of any which may have been received by their predecessors in interest. (3) Seller has no knowledge of any pending or threatened. proceeding in eminent domain or otherwise by any public entity which would affect the Property, or any portion thereof, nor does Seller know the existence of any facts which might give rise to such action or proceedings. (4) There are no leases, subleases, occupancies, or tenancies in effect pertaining to the Property. (5) There are no liens or encumbrances on or claims to, or covenants, conditions and restrictions, easements, right of way, rights of first refusal, options to purchase, or other matters affecting the Property except the Conditions of Title and any rights conferred to Buyer by this Agreement. (6) There is no material adverse fact or condition relating ffm CI O to the Property, or any portion thereof, which has not been specifically disclosed in writing by Seller to Buyer. (7) Seller has the legal power, right and authority to enter into this Agreement, and to consummate the transaction contemplated hereby. (8) There are no fixtures on the property in which anyone other than Seller has any claim, rights, or security or other interest. (9) There are no service or maintenance contracts, management.agreements or any other agreements which will affect Buyer or the Property subsequent to the Close of Escrow. (10) There are no encroachments onto the Property of improvements located on any adjoining property nor do any improvements located on.the Property encroach onto any other adjoining property. (11) Seller warrants and represents that there are no prescriptive or other easements affecting the Property. b. In the event that, during the period between the execution of this Agreement,: and the Close bf Escrow, Seller has actual knowledge of, learn of, or have a reason to believe that any of the above representations or warranties may cease to be true. Seller hereby covenants to immediately give notice to Buyer of the change in circumstances. Upon Seller notifying Buyer of the change in circumstances. Buyer may, at his Bole option, terminate this Agreement and all.funds deposited into Escrow or delivered to Seller in connection herewith shall be immediately returned. In the event Buyer so elects to terminate, Buyer shall pay all Escrow costs, if any, incurred by both parties herein under this Agreement. -7- ct C 13. Survival of Conditions. The covenants, agreements, representations and warranties made in Paragraph (12) which are intended to survive the Close of Escrow shall survive the Close of Escrow and the recordation and delivery of the Grant Deed conveying the Property tb Buyer and any investigations by the parties. 14. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the successors, heirs, and assigns of the parties hereto. 15. Required Action of Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely.Close of Escrow in accordance with the provisions hereof. 16.. Entire Agreement. This Agreement contains the entire agreement between the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto 17. California Law. This Agreement has been entered into and; is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California.; 18. Waivers. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 19. Caption. The captions, paragraph and subparagraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no define, limit, construe, or describe the scope of intent of such paragraph or this Agreement, nor in any way affect this Agreement. -8- 20. Representation by Counsel. Buyer acknowledges that Seller is represented by an attorney in this transaction. Buyer acknowledges that he, too, is represented by an attorney or that he freely and voluntarily elected not be represented by his own attorney in this transaction. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. SELLER CITY OF SAN LUIS OBISPO ATTEST: i CIT� CLERK PAM V ES BUYER Don ld Stickler Marilyn J/ t6 -9- IL (42 00 0 0 J CL Lo =C! i Q . `� J NINON 113NHsne is Z I A. of 43M .00 . 7-, O 15 OC '3AV 06 it 9 S? - q 0 uj • D > ti ti ns *.LS Q.tu al 000 00 0 wm oar moz O ML LAi Ar 09' ATIV3 lt� W 0 O 0 It of .. r-ovirs c. EMIDIT "Pf ITO M -' IN i* r 912 A F. a boo* DI=TQR13 DEM -.CN ALL =1 BY TIME PRESENTS:. That-the STATE OF CA117ORNIA, aotLn- by and gh 4�3 Dlrepi through or of Public Works, does _.., hereby grant to City. of Sah Luis 0140 a r=lclpal corporation,. all that certain real property situate, lying and bel;' in tho County of Safi Lulo Oblsp'0 , State of California, described as fo11o*w3, . to sit= A#P'All of Lots I to 7 1 ncl"Ii 6 and the Westerly 1*5.00 foot, of Lot,8,-In Block Ba of the 1"Gy=oht Adclitidn In the City of San Luis obispos'as cold Lots and Block are delineated on the riip rdc'6rddd April 9, 1888, in Volu=6 B, at page '91, records of sold . Cou - nty.;, ' I ZXCZPTING from said portlon of Lot 6. the northerly 15,00,roet,- Containing 41m1y65'square feet of land, =ra or loss. Subject to—robtrictioP3, reservations and ease=entn of -record. AND BE IT UP. THEM :0;0'X.; FIRST, the Director of PublIc Works has heretofore fcl;nd and determined and does hereby find and detemine, that the 3uld.lands wore acquired f6r State highylay purposes and are no longer necessary, and are not.no■ being used for highway uses or hat t _3 aonveyanco .is executed pursuant to.tho authority vested in the Director of Publio works by low and, in particular, by'tao Streets and HI.Shwaya Code '3171-'SS the. baiid of *the Director of Public Works, and the sonl of the Department of Public 8ork,3 of the State of California, this day of STATE OF =IFORNIA, DEPIRT 9I OF PUBLIC WORFZ Ire C. �'z ? 2uvtjiiC Works I - CJLUTION N0. 6288 (1987 SerieD A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SALVATION ARMY TO PROVIDE TWENTY -FIVE THOUSAND DOLLARS ($25.000.00) FOR SERVICES .r' PROVIDED BETWEEN JULY 1. 1987 AND JUNE 30. 1988. BE IT RESOLVED by the Council of the City of San Luis Obispo_ as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and The Salvation Army: SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: The Salvation Army, Human Relations Commission, and City's Finance Director. On motion of Councilwoman Rappa I , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa,.Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT:None the.foregoing resolution was passed and adopted this 4th day of August 1981. ATTEST: Pam&16 Voges, City Cle yor Ron Dunin APPROVED: City A inistrative Officer City Attyney c inance Director R 6288 AGREEMENT N THIS AGREEMENT, dated July 1, 1987, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City ") and THE SALVATION ARMY, a nonprofit corporation (referred to herein as "Salvation Army "). WITNESSETH: WHEREAS, Salvation Army has requested City to contribute to a program to provide emergency services, including gas, Food, lodging, rental assistance and eviction prevention, said program as more fully described in Exhibit "j" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW,. THEREFORE, City and Salvation Army, for and in consideration of the mutual benefits, promises, and agreements set Forth herein, do agree as Follows: 1. Salvation Army agrees to make its services as described in Exhibit '-1" and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1997 through June 30, 1988. 2. Salvation Army will provide the City with periodic summary reports and a final report, describing the type and quantity of services and listing funds received by Salvation Army From other sources. Said reports shall be in the form of Exhibit "2 ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. 3. Salvation Army and all of participants in any manner in Army's obligations and duties independent contractors, or vi shall not for any purposes be the City. its agents, representatives, or the performance of Salvation hereunder shall be employees, 31unteers for Salvation Army and considered employees or agents of 4. Salvation Army agrees to hold City harmless, and to defend City against, From and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act of omission, negligent or otherwise, of Salvation Army. • AGREEMENT SALVATION ARMY FISCAL YEAR 86 -87 PAGE 2 N S. City agrees to pay Salvation Army a onetime only grant, up to the sum of Twenty -five Thousand Dollars, ($25,000.00), eleven thousand ($11,000.00) of which is to be used for emergency services as described in Exhibit 1, and fourteen thousand CS14,000.00) to be used for rental assistance and eviction prevention, as described in Exhibit 1., payable in twelve monthly payments, or if deemed appropriate, in any such manner as shall be approved by the Human Relations Commission or its staff. E. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Salvation Army. Said termination shall be effective 30 days after City mails notice of termination of the agreement to Salvation Army. Any funds not paid pursuant to paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: THE SALVATION ARMY: City Clerk Salvation Army PO Box 8100 PO Box 1407 San Luis Obispo, Ca. San Luis Obispo, Ca. 94303 -8100 93401 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized: The Salvation Army, A California Corporatio By: Vice Presides Attest: Secretary CIIY OF SAN LUIS OBISPO: ayor Ron Ounin EST: U, CitIldlerk Pamel I. PROGRAM OBJECTIVES i i `1'he Advisory Board. of The Salvation Army regUAst:, an ,'-grant from the City of Obispo ''ra.nts- in -l'.id t(1 partially Fund. th.e following three perticns o'_ our total Social Services pro,-ram: $11,000,00 to fu c: the e ;cisting to purchase -rocer).es, meals, emergency lc`' in;? =.n appro_ fete transportation for residents and non- resic.ants. In ad.().ition, non addictive medical prescriptions hay receive sore assistance .,ith verification of a doctor and phar^acist. 514,000.00 to fun: existing programs of isVICTTOI' PkEV71NTI0:' and °i•.;'`I'P? ASSISTAh'C�,to assist city residents with up to 000.00 per case to pay for one months rent (3u" ::ays) or. mortgage or to assist City residents who are needing to relocate -,.-ithin t!:e city and are without sufficient funds tc pay the required deposits and rents. This is one time assistance, however individual cases may be reviewed. at the providers discretion. Individuals and families will be served as frequently as deeed necessary by The Salvation Amy staff but no one case will be .funded by GIA funds r::ore than :350-00, including' both: emergency assistance and housing assistance. Any additional services will be funded by other sources. The GIA funds provides 42;;. of the total Social Services budget (Y =J 1986 figures). The programs described are partial answers to the needs that exist in our community. Despite its apparent affluence and face empty cupboards, exhorbitart utility bills, furniture an ^, clothinE needs in addition to broken homes, marital crises, isolation. Our community remains one of the lowest wage providers in the state (please. see attachment -#4) and one of the highest rectal markets. These factors can lead to the disintegration of one's ability to fend for themselves. It is at this point where The Salvation Army, in cooperation with many other area service providers, steps in to provide material assistance, advocacy, counseling and rational problem - solving until the individual is able to take responsibility for their own life: Constant vigilance to casework and networking prevents most abuse of our programs by those who woulr, defraud. l•ie do not attempt to run people's lives, but to provide necessary support to them while they are in crisis. 10 Exhibit 2 O ►►►��►���►►IIIIIIIIIIIINII��� ���11i���►� I ��� city ® sAn luiS oaspo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 AGENCY PERIODIC REPORT FORMAT SPECIFIC GUIDELINES Periodic reports shall be due as specified on an agency -by- agency basis. Reports shall consist of the following for the preceding period: 1. ADMINISTRATOR'S REPORT: Brief synopsis of the activities for the reporting period. This should include a statement describing activities, services provided, meetings held, publicity generated, etc. and any changes in the program that have occurred during the report period. 2. FINANCIAL REPORT(S): Monthly financial statements should be included for the report period. All records must be for the overall financial activity of the agency. Grant activity or separate program financial documentation may be added, but is not acceptable in lieu of complete financial statements. An income and expenditures statement which itemizes line -item expenses and a balance sheet need to be included along with any other information necessary to reflect the total "operating budget" of the agency. 3. REPORT OF EXPENDITURE OF CITY FUNDS: According to form provided by HRC. 4. STATISTICAL SURVEY: Should include number of clients served, city of origin, nature of services provided and any other statistics regularly kept by the agency. The total number of Clients served should also be broken down by type of service provided, if there is a range of services available rather than a straight "package ". For example, if a client Could receive food, lodging and gas or just food, the number of recipients for each type of service should be indicated as well as the total number of people served. 5. BOARD OF DIRECTORS: Minutes for meetings held during the reporting period and notification of meeting dates should be included. 6. FINAL REPORT: It is critical that this report be recieved within one month after the close of the City's fiscal year. (July 31) This should be a brief cummulative report of the year's events, including a synopsis of services provided, an overall goal's assessment, and a year end financial report of expenditure of City funds. RESOWTICN NO. 6287 (1987 SERIES) •I • 1 ••' «� • Y 1 « • Dial I *IN Y' 1 •: '• •991 C'�Y�1's •« •] •)' Y I BE IT RESOLVED by the cauncil of the City of San Luis Obispo as follows: Section 1. The Memorandum of Agreement between the city of San Luis Obispo and the San Iuis Obispo Firefighters Association, attached hereto as Exhi bit °A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase the Personnel Services appropriation accounts to reflect the negotiated compensation changes. Section 3. The City Clerk shall furnish a copy of this resolution and a o• of the e5mcuted Memorandum of Agreement by • Chris Slate, President SI.OFFA, Ann Crossey, Personnel Director, Dixon Flynn, Acting Finance Director. On motion of Councilwoman Rappa and on the following roll call vote: , SecOR&%d by Councilman Settle , AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August , 1987. R 6287 G� Resolution 6287 No. ATIEST: V City CJerk Pam Voge City .l /1 / & L DAmator a," d,,,, Persamel Director , D- (1987 Series) o ��✓ � � �� �. ✓� %iti ✓�vV \ ��tiL =/i� �., �, I 2 3 4 5 6 7 8 9 10 11 12 13 r 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JULY 11 1987 through JUNE 30, 1990 EAHIBIT "A" r� L.J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 Article No. 1 2 3 4 5 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TABLE OF CCNTENTs Title, Parties to Agreement . ............................... Recognition .......... ............................... Dues Deduction ....... ............................... Eaployee Rights ....... ............................... Management Riots ..... ............................... Representative Role .. ............................... Monthly Conferences .. ............................... Grievance Procedure .. ............................... Salary • ................. 4................... 0......a Pay Differenta als ..... 90 ... 0....... 0 ................ overtime ............. ............................... Emergency call Back .. ............................... Work Out of Grade .... ................4.............. Standby .............. ............................... Educational Incentive .................... Uniform Allowance .... ............................... Insurance ............ ............................... Retiree's Medical Insurance ......................... Vacation leave ....... ............................... Holidays ..... ................0. ;............ ..... Bereavement leave .... ............................... Sick Leave ............ ............................... Workers' Omnpensation Leave ......................... Retirement ........... ............................... Hours ................ ............................... Paqe No. 1 2 3 4 5 6 7 8 11 15 16 18 19 20 21 24 26 27 28 31 33 34 35 36 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 C� 0 26 Health/Fitness ........ ............................... 39 27 Salary Survey Cities . ............................... 40 28 Work Actions ......... ............................... 41 29 Rill Agreement ....... ............................... 43 30 Savings clause ....... ............................... 44 31 Aut1mrized Agents .... ............................... 45 32 Term of Agreement ...... ............................... 46 Appendix "A" - Classification ........................ 47 Appendix "B° - Work Schedule Illustration ........... 48 Appendix "C" - Sick Leave - Municipal Code .......... 49 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 C, -J At7I2CLE I PAR= TO Ac�mrr This Agreement is made and entered into this sixteenth day of July 1987, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Firefighters' Association, hereinafter referred to as Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision in City Resolution No. 3405 (1977 Series) unless so stipulated to by Provision(s) contained herein and agreed to. lie official title is "San Luis Obispo Firemen's Association ". r1he term " Firefighters" is used in this 1DA to be consistent with the City's position on Affirmative Action. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • CI ARTICLE 2 , REODC�iITION Pursuant to GOve= ent Code Section 3500 et seq and City Resolution No. 3405 (1977 Series), the City hereby recognizes the San Luis Obispo Firefighters' Association as the bargaining representative for purposes of representing regular and probationary employees, ocmWing the position Classifications set forth in Appendix A. in the Fire Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. During the months of November and December of 1987, the City and the battalion chiefs shall meet to discuss representation options available to the battalion chiefs. This discussion will include the concerns and interests of both the City and the battalion chiefs. Once the battalion chiefs have this information it will. be their option to file a petition to be removed frcmi this Unit for the balance of the term of the Agreement. 2 0 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 3 J DUES r=Criox The City shall deduct dues from City employees and remit said dues to the Association on a monthly basis for the duration of this Agreement, which dues shall not include assessments. Monthly dues deduction additions arxVor deletions shall be recorded by the City's Finance Offices and a notification of all dues transactions shall be sent monthly to the Association President. The Association shall hold the City harmless from any and all claims, and will indemnify it against such claims and any unusual costs. The Association shall refund to the City any amount paid to the Association in error, upon presentation of supporting evidence. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 191 20 21 22 23 24 25 26 27 28 s a ARTICLE 4 , E -=YEE RIGHM Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the p=pose of representation on all matters of employer employee relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to reuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights.. 4 n 1( 1] 1: l� 14 1F u 1( 17 1 1C 2C 21 Z 22 24 25 26 27 28 ARTICLE_5 NCI' RIGMS Me rights of the City include, but are not limited to; the exclusive right to determine the mission of its constituent departments omissions and boards; set standards of service; determine the procedures and standards of selection for emplgyment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of goverrnaental operations; determine the methods, means and perrsomnel by which government operations are to be conducted; determine the content of job classifications; take. all necessary actions to carry out its mission i.n emergencies; and exercise complete control and discretion over its orijanization and the technology for performing its work. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 9 ARTICLE 6 , ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and on employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the nam(s) of each employee representative to the M1Mcipal Employee Relations Officer at least two working days in advance of such mmt xI. Provided further that no employee representative shall leave his or her dut) or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released for good reason, the date of meeting will be rescheduled to a mutually acceptable day. R 0 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 x ARTICLE NC=Y QONFERENCES There shall be.monthly meetings between the Fire Chief and two (2) members of the Association, at the request of either party, to discuss problems or other subjects of interest. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2111 22 23 24 25 26 27 28 I] 0 h- . « • -. ��. . A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following manner; A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate Superior- The employee shall have the right to choose a representative to acccq,any his/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee; the grievance shall be oonsidered terminated. B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within fifteen (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen (15) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Personne 8 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C' • Director within seven (7) business days of receiving the depar twMt heads is decision. the Personnel Director shall confer with the employee and the department head and any other interested parties, and shall cmxh=t such other investigations as may be advisable. D. The results of finding of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Ach;In1strative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the ccuplaint. lihe City Administrative Officer's decision and reason if denied shall be in writing and given the employee within twenty (20) business days of receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. 'If such is the case, the employee will have ten (10) business days following receipt Of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Personnel Director for review of the decis' ion The Personnel Boar3 within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) cX1n a ( ) h=t hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (1o) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recammIds overruling or modifying the City Administrative Officer's decision, the City A&dnistrative Officer shall comply or appeal this reccmmendaticn to the City Cauncil: Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and reader a final decision within thirty (30) business days of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 submittal. s o 10 0 1( 1] 1: 1� 14 1° . 1( 1. if V 2( 2] 2s 2: 24 2° 2( 2i 2E G • ARTICLE 9 Section A Rules ggMgM M Step Increases The rules governing step increases for employees covered by this NDA are included in the current Salary Resolution with the following =edification: 'I he Fire Chief shall be authorized to reevaluate enpl%MW who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the departmbent head intends to reduce him one step unless his job performance improves significantly within a 60-day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the Fire Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. Each salary range consists of five steps (1 through 5) . Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 - 95% of Step 2 Each amass- the-board Pmt teary increase shall raise step 5 of range 321 by that percent. Step 5 of each successive salary range shall be 2.63% above step 5 of the next lacer range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the rarest dollar and 11 • a 1 the remaining steps established in accordance with the above formula. 2 Employees who are eligible for advancement to Step 4 or 5 after June 30 3 1981, must receive at least a " competent" rating on their most recent ' 4 performance evaluation prior to or coincident with their being eligible for 5 advancement by time in grade. Competent is defined as "Performance meets 6 standards of a qualified employee ". 7 Section B Salary Provisions for Term of Agreement 8 1. July 1987 9 Effective the first day of the first full pay period in July 1987, the 10 following salary increases shall be implemented: 11 a) Fire Vehicle Mechanic 4% 12 b) Fire Captain (Prevention) 7 1/2 %, and 13 c) Fire Marshal 7 1/2 %. 14 2. January 1988 15 Effective the first day of the first full pay period in January 1988, 16 there shall be a one percent (1 %) salary increase far all employees. 17 3. July 1988 18 Effective the first day of the first full pay period in July 1988, the 19 Fire Vehicle Mechanic shall receive a four percent (4$) salary increase. 20 4. January 3.989 21 Effective the first day of the first full pay period in January 1989, 22 there shall be a two percent (2%) salary increase for all employees. 23 5. July 1989 24 Effective the first day of the first full pay period in July 1989, there 25 shall be a three percent (3 %) salary increase for all employees.. 26 6. January 1990 27 a) Effective the first day of the first full pay period in Januaj 28 12 0 0 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c o 1990, there shall be a two percent (2 %) salary increase for all employees. b) If the average of the percentage increases of the Los Angeles -icng Beach -Anaheim and the San and Consumer Price Indexes for calendar year 1989 is equal to or greater than ten percent (10 %) , there shall be a salary increase for all employees retroactive to the first day of the first full pay period in January 1990. 11he salary increase reasea shall be equal to three- forths (3/4) of the average determined above that is in excess of five percent (5 %). The indexes used shall be for All Urban Consumers errs as published by the Bureau of Labor statistics. Section C "VI Ratincr An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved jab performance. The department head shall give 60 days written notice to any employee be intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y"! rating procedure shall not result (then or later) in the a ployee being frozen below the next lower step of the new range. Section D may Paychecks will be disburse on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. Section E Paychecks Prior to Vacation If an employee is taking vacation. leave and wishes to receive his regular I paycheck before payday, the employee mist notify the Finance Department in 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • o writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time ccming to cover the pay period. 14 • L J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C ARTICLE 10 PAY DIFFERENTM S Section A Manaaanent Bonus pay plan The Fire Chief may implement a bonus /incentive Pay Plan for Battalion Chiefs to provide a monetary incentive/reward system for actions on behalf of the betterment of fire service to the City. Funds for this program are not charged to the cost of this agreement. The Association will be notified Prior to implementation and may request a meet and confer session, if desired. This section shall be deleted if the management positions are removed from this Unit. Section B E.M.T. Differential The City shall pay a two hundred dollar ($200.00) Per month pay differential to those firefighters or other approved fire personnel assigned to E.M.T. II duties by the Fire Chief. If the City decides to implement a paramedic Program rather than the EMT II Program then the assigned paramedics shall receive $300 per month Pay differential. There shall be an Association/City =gittee to consider the status and requirements of the EMT program. Such ccmmiittee shall submit a report with rations to the Fire Chief and the City Administrative Officer no later than 30 June 1988. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 11 C 1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive overtime pay at time -and -one -half computed at their base salary for those hours worked in excess of regularly scheduled shifts. 2. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty are assigned to work one hundred and twenty (120) hours in a fifteen (15) day pay cycle. Employees in these classifications who work more than one hundred and fourteen (114) hours during a pay cycle, shall be Paid time and one -half (1 1/2) for all hours worked in excess of one hundred and fourteen (114) hours worked in the fifteen (15) day pay cycle. Paid time -off shall not be counted as time worked when calculating this overtime pay. i 3. overtime for the Fire Captain (Prevention) shall be calculated based on the average number of hours per week scheduled for the assignment on which he /she is working the overtime. 4. Fire Battalion Chiefs, the Fire Marshal and the Training Battalion Chief shall not be eligible for overtime pay. However, the Fire Chief may grant employees in these classifications occasional T nsating time.off (CID). mere will be no formal accounting of or cash payoff at termination for such CIO. 5. All other Personnel shall receive overtime pay at time- and - one -half computed at their base salary for all hours worked in excess of forty (40) hours per week including holiday, sick leave and vacation unless they elect to take compensating time off at straight time. 6. All overtime shall be authorized in writing by the Fire Chief prior to 16 n LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N 0 being ocepensated. 7. All overtime shall be paid to the nearest quarter hour worked where no mini= is authorized. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • o AFMCTE 1z EMMGWCY CAM BACK 1. Sworn personnel who are unexpectedly called back to work after completing their shift and having left the worksite shall be paid a 6 -hour minimmm guarantee. 2. Inspectors who are unexpectedly called back to work after completing their shift and having left the worksite shall be paid a 3 -hour m;nI guarantee when acting in the capacity of an Inspector at the scene or in irmediate follow -up investigative work. 3. Employees who are called back as defined above, shall receive the minimmmm provided by this article or pay for the work performed, whichever is larger. 4. The mini= MS provided above shall be paid at straight time pay. 18 i 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 r o AR'T'ICLE 13 WORK CUr OF GRAD EMPloyees to r war iy assigned to work in a higher classification will receive one step additional pay but in no case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds ten (10) consecutive work days, or five (5) consecutive shifts for all shift employees; in which case the step increase becomes effective on the eleventh (11) work day or in the sixth (6th) shift. 2. r1he perscn being temporarily replaced is cn extended sick or disability leave or the position is vacant and an examination is pending. Employees not eligible for the step increase (under 10 days) shall receive credit for campensatinq time off (CPO) cn the following basis: Hours Worked CIO Earned 2 -12 1/2 hour 12 -24 1 hour 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 ARTICLE 14 11 sTArmsx ETloyees below the rank of Fire Marshal/Battalion Chief on starry shall be coal sated one hour's pay for each eight (8) hour incident with a m;n;,= of two (2) hours straight time pay for each assigned starry period. 20 • s • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,0 ARTICLE 15 EDUCATIONAL INCENTIVE The City agrees to establish an educational incentive pay plan. The educational. incentive pay will be paid pursuant to one of the two plans outlined below: PLAN A 1. Definition of.Eligibil' A. All Emplayees currently receiving educational incentive pay as of 6/30/81. B. All employees below the rank of Fire Marshal/Battalion chief meeting the following: (1) Have been employed by the department for at least one year as of 9/30/81. (2) Have completed by June 30, 1981 at least 30 semester units toward approved degree including having successfully ccgpleted a minimum of six semester units within the last 18 months. (3) Successfully ccupleted at least six semester units per year until degree is complete; and (4) Mist receive degree by December 31, 1983. 2. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of $50 per month for possession of an A.A., or equivalent degree f= an accredited camani.ty or junior college; and one hundred dollars per month for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed one hundred dollars per month. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 3. Job Related Fields. Degrees must be in fields which are directly job related and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C'I or better must be included. 4. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Personnel Director shall be required. 5. unsatisfactory Performance. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the department head with the concurrence of the City Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the City Administrative Officer. a 6. Nc- A=licability. It is the City's intention not to pay the educational incentive for any degree which is required for the position held by the employee. Educational incentives shall not be paid for education received on City time. The education incentive shall be removed if the employee is promoted to a position which does not entitle employee to such incentive. PLAN B 1. Definition of Eligibility. A. All current employees including Fire Marshal/Battalion Chiefs, not eligible for Plan A. B. All employees hired on or subsequent to June 30, 1981. 2. Eligibility. A. Employees eligible for Plan B must be employed by the City of San 22 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21', 22 23 24 25 26 27 28 • o Luis Obispo for one year before any payment will be made. B. MUst successfully cc=lete within a 12 -month period, commencing on or after July 1, 1980, 6 semester units, or 9 quarter units, in college level course work in fire science courses or classes approved by the Fire Chief. Provided such courses shall be completed at the employees own expense and during off -duty hours. 3. Incentive Pay. The educational incentive pay shall be $50.00 per month for a period of 12 months. Tuition and Books If an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 5o.% of tuition and books for approved job - related courses upon satisfactory c=pletion of same with a grade of "C" or better. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 • O ARTICLE 16 LWIFUM AMONANCE A. Each sworn employee shall be required to wear an approved uniform to promote the department's public image, except for the positions designated by the Fire Chief as only requiring occasional usage. Such positions shall receive one -half of the regular allowance. Each employee shall receive an annual allowance of $400 paid semi - annually to be spent on the purchase and maintenance of department-approved uniforms. Effective 1 July 1988 the allowance shall increase to $500.00. Said allowance shall be paid directly to each eligible employee on the 7th of July and on the 7th of January. The Fire Chief or his designated representative shall conduct an inspection at least once a year to ensure that each employee has the minimum number of uniforms and that all uniforms meet department standards regarding safety and appearance. Employees whose uniforms do not meet standards may be subject to disciplinary action. This allowance shall not be paid for any employee who is off duty due to a job - related injury at the start of any calendar i six -nth period. If the employee returns to work during that six. -month period, his/her uniform allowance will be prorated. B. A uniform allowance cash advance will be given to new employees for purchase of their uniforms. If the employee severs employment with the City or is terminated within one (1) year, then cash advance shall be deducted form the employee's last paycheck. C. Mere the agreement refers to uniform standards, it shall mean the follawing: The Fire Chief shall establish and maintain a set of standards for the maintenance, care and wearing of employee uniforms. Such standards shall be on file in the Fire Chief's office, in each fire 24 0 0 0 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18I 19 20 21 22 23 24 25 26 27 28 0 O station, and in the Personnel Director's office. D. Employees will be responsible to purchase and maintain health/fitness clothes, including acute athletic footware. Appropriate health/fitness clothing will be determined through agreement between the Association and the Department. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18I 19 20 21 22 23 24 25 26 27 28 • 4 ARTICLE 1717 , zrrs�ArrcE A. City shall contribute $257.40 per month for medical, dental, and life insurnoe for each regular, full time employee in the Unit. B. City shall have the right to change insurance costs during the term of this Agreement. Any costs in excess of the established contribution . rates shall be paid by the employee. C. City shall pay to each full -time regular employee by December 22, an annual lump sum payment (subject to appropriate taxation) for the difference between the amount provided under Section A. or the prorated share for less than full -time employees, aril any lesser sum expended by the employee for medical and dental coverage for the period of January 1 through December 31. Parties agree that City payment of this lump sum is based on favorable tax treatment by the IRS and the State Franchise Tax Board. Should such tax treatment change, the Association and the employees hold harmless the City, its officers and agents, including but not limited to, liability for back taxes, arising out of this Agreement to pay such lump sum. Should tax treatment change, the Assori.ation shall have the opportunity to meet and confer regarding the impact of such Each employee shall be required to carry both medical and dental insurance for self. The City agrees to maintain the current level of benefits but reserves the right to choose insurance carriers and/or the method of insuring and finding these benefits. 26 • 1 2 3 4 5 6 7 8 9 10 111 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 0 o ARTICLE 18 I s NEDICAL nss�ArrcE Bmployees covered by this A4reement'xido meet all of the conditions set forth below may cm tume group medical coverage at group rate paid totally by the employee. The qualifying CQnditions are: A. The employee must retire from. City service, apply for and actually receive retirement benefits through the City's retirement system. B. The employee must be at least 50 years of age. C. The employee must.have at least ten (10) years of service with the City. D. Me employee may Have dependent coverage only for those depmId is covered for the last year of employment with the City. E. All employee and dependent coverage will cease upon the death of the employee or upon the employee reaching age 65. This benefit only applies to employees who retire during the term of this Agreemnt. This benefit shall continue beyond June 30, 1990, if, and only if, there is mutual agreement of the parties to continue such benefit. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 0�M VACATION LEAVE 1. Each incumbent of a 40-4== a week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years, 15 days per year upon completion of five years; 18 days per year upon completion of ten years; and 20 days per year upon completion of twenty years. Employees scheduled for more that 40 hours per week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled 2. An in UOtent is not eligible to use accrued vacation leave until after the completion of the sixth calendar month of service since the benefit date. 3. A regular employee who leaves the City service shall receive payment any unused vacation leave. Probationary employees with less than 12 months of continuous service shall not be eligible for such payment. 4. Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor and, second, insofar as possible, with the wishes of the employee. 5. There will be no accrual of vacation leave to non-shift employees in excess of 200 hours or 25 accrued days. maximum accrual of vacation leave for shift employees is 300 hours except as noted in Section E.. 6. VACATION USE: A. Vacation shall be selected by seniority based on shift assignment for shift employees and by seniority for non shift employees. The employee with the most seniority shall select first, with the following choices made in descending order of seniority. 28 • 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • O B. First choice vacation shall be made during November /December each Year. The first choice shall be a mini=- of five (5) shifts off within one (1) cycle. C. First choice vacation selected for the months of May thrn October must be taken in blocks of five (5) shifts off within one (1) work cycle. D. The maximum first choice vacation that may be selected for the months of May thru October is ten (10) shifts off taken within two (2) work cycles. E. Employees who don't select first choice vacation to be taken during the mantt*Z of May th=ugh October, shall have vacation that is accrued over 300 maximum paid off.bi-weekly. vacation accrued by such employees outside of the May through October time period, shall not exceed the 300 hour maxi3 m+. F. Employees have the right to have one (1) employee off on first choice vacation per shift. G. Employees have the right to have the number of employees off on unscheduled vacation as provided in the operations Manual. H. Time off by Battalion Chiefs is not included in the determination of the number of employees on vacation per E and F above. I. If an employee's first choice vacation is clanged by direction of the department, such change shall not cause an employee to lose vacation that may be accrued above the 300 hour maximums. In this case, the employee shall have the choice of using the vacation at another time or receiving payment for the chaired vacation. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 J. If an employee must carrel vacation for good reason, as defined by , management, the vacation above the 300 hour maximm shall be paid as accrued. 30 r U 1C 11 li 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 ARTICLE 20 HOLIDAYS A. Me :following days of each year are designated as paid holidays: January .1 - New Year's Day Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas One -half day before Christmas One -half day before New Year's Two Floating (8 hour) Holidays (non -shift employees only) M= a. holiday falls on a Saturday, the preceding Friday shall be observed. M= a holiday falls on a Sunday, the following Monday shall be observed. B. Each employee on 24 hour shift duty shall earn 5.6 hours of holiday leave semi-monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for 1/2 of their earned holiday leave (2.8 hours) each semi-mnthly payroll period. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ell • 0 One -half (1/2) of the employee's annual holiday leave (67.2 hours) shal1A be advanced to the employee effective 1 July of each year. Such holiday leave may be taken off by the employee as provided in the departmental operations manual. Each calendar quarter, an employee has the option of receiving payment for one -forth (1/4) of his /her advanced holiday leave. The ocEbination of holiday leave taken off and payment of advanced holiday time, may not exceed 67.2 hours. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the average will be deducted frcmn the employee's final paycheck. C. Floating (8 hour) holidays for non -shift employees. The accrual dates are 1 January and 1 July. If not used in the calendar year in which earned, they are lost. It is the responsibility of the employee to make the request for a floating holiday reasonably in advance of the requested day off. 32 s • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 ARTICLE 21 E=VEMENT LEAVE At each employee's option, absence from duty due to the death of a member of the employee's mediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step- parent, step - brother, step - sister, grandparent, or any other relative living in the same household, provided such leave as defined in this section shall not exceed five (5) working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i ARTICLE 22 , SICK LEAVE Sick leave is governed by Section 2.36.420 of the MAmieipal Code. (See Appendix C attached) . 1. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accLmmlated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries, according to the following schedule: (a) Death - 50% Such payment shall be made within seventy -two hours of notice to the City of an employee's death. (b) Retirement and actual comment of PERS benefits: (1) After ten years of continuous employment - 10$ (2) After twenty years of continuous employment - 15% (c) Job -related disability retirement and actual Cent of PERS benefits - 75% with a maximum of 1000 hours payoff (75% of 1333.3 accrued hours.) 2. An employee may take up to three days per year of sick leave or the shift equivalent for shift employees (33.6 hours) if required to be away from the Job to ply care for a member of his/her inmuXU Ate family. A member of the employee's immediate family, shall mean spouse, child, brother, sister, parent, parent -in -law, step-parent, stepbrother, step-sister, grandparent, or any other relative. living in the same household. 34 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 C� O AIMCLE 23 W7OFdC rRS' OCMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in acccrtiarm with state workers' cmVensation law and is not eligible for disability Payer under Labor Code Section 4850, shall be paid the difference between his base salary and the amount provided by workers' cxIq3ensation law during the first 90 days of such disability absence. The only Position currently eligible for this benefit is the Fire Vehicle Mechanic. 35 1 2 3 4 5 6 7 8 9 10 11 121 13 141 15 16 17 18'i 19 20 21 22 23 24 25 26 27 28 ARTICLE 24 A. The City agrees to provide the Public Employees' Retirement System's 2% at age 50 plan to all sworn personnel and the 2% at age 60 plan to all neon -sworn personnel. The 2% at age 50 plan includes four amen le ts, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, and one -year final campensaticn. The 2% at 60 plan has two am xtae ts, 1959 survivor's Benefit and one year final. compensation. B. For employees hired after 1 July 1986, the PERS 2% at 50.plan shall include the modifications shown in Section A, above, except that it shall provide three-year final cozqesnsation. C. (1) Effective 1 July 1987, City agrees to contribute up to 5% of safety member's obligation to contribute to PERS. i (2) Effective 1 July 1988, City agrees to contribute up to 9% of safety member's obligation to contribute to pERs. (3) City agrees to contribute up to 7% of the Fire Vehicle Mechanic's obligation to contribute to PERS. (4) The amount paid by the City is an employee contribution and is paid by the City to partially satisfy the employee's obligation to contribute to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee. The Association understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the amount provided in this Agreement which may result by action of PERS or the state legislature. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10 Parties further agree that City payment of PEW contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the Association and the employees hold harmless the City, its officers and agents from any and all claims or costs of any type, including but not limited to, liability for back taxes, arising out of this Agreement to pay part of the employee's PERS =Ttzibuticn. Should current tax treatment change, the Association shall have the cpporth=ty to meet and confer regarding any such It is understood and agreed to by the parties that the City "pick up" of a portion of. the employee's pEm contribution is in lieu of gages. Therefore, in all couparisons made with other agencies, a percent equal to the City "pick up" of the employee's PERS contributicn will be added to the total compensation provided by the City to the employees. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 • 0 ARTICLE 25 HOURS A. Employees assigned to a 24 hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty -six (56) hours per week. For purposes of illustration curly, a copy of the shift schedule pattern is set forth in Appendix B. A work shift is defined as a work period of twenty -four (24) hours, mincing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8. a.m.) B. Shift Exchange - The Fire Chief or his representative may authorize employees covered by this Agreement to exchange shift assignments with other department employees of equal rank or qualifications for the position. C. Vacation F�a:hm= - The Fire Chief or his representative may authorize employees covered by this Agreement to exchange vacation leave with other department employees of equal rank or qualifications for the position. D. Early Relief - The Fire Chief or his representative may authorize employees covered by this Agreement to relieve another department employee of equal rank or qualifications for the position prior to the end of the scheduled shift. 38 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 C� n ARTICLE 26 fWJUaH/FrINESS The City, the department and the Firefighters Association are desirous of implemm*anq measures to promote the well being of employees and reduce the incidents of preventable accidents, illnesses, and disabilities and shall work cooperatively to encourage and develop appropriate programs to enhance Physical fitness and health. To acccaplish this, the parties shall fore a Associatton,/City c=- mittee to establish mandatory physical starch,ds to be met by all employees. The Association recognizes that it is the policy of the City to hire non smokers in the Fire Department. The Association further recognizes there is a fire department policy cmx=niM smoking in aepartjne� facilities and vehicles. The parties agree that smoking poses health risks to non - smokers as well as smokers. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 ARTICLE 27 SALARY SURVEY CITIES Cities to be used for review of salaries shall include: Chico Napa Pleasanton Reading Salinas San Clemente Santa Cruz Santa Maria I It is agreed that, during the negotiations to produce a successor Agreement, either party MY p2vpo a changes to the above list of cities. A revised, mub a» y agreed upon list, may be used during the negotiations to produce a successor Agreement. 40 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 • O ARTICLE 28 WORK ACTIONS Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an imminent threat to public health or safety and IS unlawful, furthermore, it shall terminate the employment relation. Provided however that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. (a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees of the City to hinder, delay, or interfere with, the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. (b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this Article, the City, in addition to any other lawful remedies or disciplinary actions, may, by action of the Nhmicipal n Vicyee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. (c) Employee members of any employee organization shall not be locked out or prevented by management officials frcmt performing their assigned duties when such employees are willing to perform such duties in the Customary manner and at a reasonable level of efficiency. Any decision made under the provisions of this Section may be appealed to 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • M the City Coiuicil by filing a written Notice of Appeal with the City 4 C1erk,aeeompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the ccmplaint is based, or it will be considered closed and not subject to any other appeal. 42 • 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 25 26 i 27 28 0 0 AMCIZ 29 F= ACRE UM It is understood this Agreement represents a complete and final understanding an all negotiable issues between the City and the Association. This Agreement supersedes all Previous memoranda of understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 30 , SAVI= CLAtrsE If any provision of this Agreement should be held invalid by operation of law or by any court of capetent jurisdiction, or if cmipliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a =xtually satisfactory replacement for such provision within thirty (30) day work period. If no Agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 3405 (1977 Series). 44 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c o Y �l' �� • ef��4�. For the purpose of admi ni st� the terms and provySi ns of this Agreement: A. The Association's principal authorized agent shall be the President (address: 748 Pismo Street, San Luis Obispo, California 93401; telephone: (805) 549 - 7380). B. Management's principal authorized agent shall be the Persormel Director or his/her duly authorized representative (address: P.O. Boat 8100, San Luis Obispo, California 93403 -8100; telephone: (805) 549- 7252). 45 1 2 3 4 5 6 7 8 9 10 11 121 13' 14I 15' 16' 17' 18 19 20 21 22 23 24 25 26 27 28 • TEFa2 OF AG MM= 'This Agreement shall became effective as of July if 1987 and continue in full force and effect until expiration at midnight, June 30, 1990. SIGNATURES 1. Classifications covered by this Agreement and included within this unit are shaven in Appendix "A". 2. This Agreement does not apply to Temporary Employees or Part-time employees. This Agreement was executed on August 41 1987 by the following parties. CITY OF SAN IUIS OBISPO Dan Becker, City Consultant Ann Crossey, Personnel Director 46 SAN LUIS OBISPO r . r. A oi- • u • r Chris Slate, President E 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 27 28 C o ..N .. CLASSIFICATION CODE SArARt RANGE Firefighter 705 321 Fire Vehicle Mechanic 444 322 Fire Ergineer/Inspec°tor 707 324 Fire Captain (Prevention) 713 330 Fire Captain (Suppression) 715 330 Fire Battalion Chief 725 337 Fire Battalion Chief/Training Officer 726 337 Fire Marshal/Battalicn Chief 730 337 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 0 APPENDIX _$ 11 WORK SCE ILUJSTRATION For p=poses of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of five (5) twenty -four (24) hour on -duty periods within a fifteen (15) day cycle which is worked in A rdance with the following chart: period I • m off-daty period 48 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23' 24 25 26 27 28 .APPENDIX c EMOM RESPONSIBn Xr'rFa AND BMWMS - SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows: 2.36.420 Employee responsibilities and benefits - Sick leave. A. Sick Leave Defined. "Sick leave" shall be defined as follows: 1. Absence from duty because of illness or off -the -job injury, or exposure to contagious diseases as evidence by certification from an accepted medical authority; 2. At each employee's option, absence frmn duty due to the death of a member of the "employee's imiodiate family," meaning spouse, child, brother, sister, parent, parent-in-law, step-parent, step - brother, step - sister, or any other relative living in the same household, provided such leave as defined. in this subsection shall not exceed five working days from each incident. The employee may be required to suhdt proof of relative's death before being granted sick leave pay; 3. An employee whose memorand= of Understanding incorporates a Provision for "family leave" may use sick leave not to exceed three days per year if required to be away from his/her job to personally y care for a member of the employee's ; ;ate family as defined in this subsection. B. Rules C,overning Sick Leave. 1. Each incumbent of a line -item position .shall accrue sick leave with pay at the rate of twelve days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the campletion of the month of service 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • in which it was earned. a 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the city administrative officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five consecutive working days by personnel in his /her department. Such proof may be required for periods of less than five consecutive working days where there exists indication of abuse. 6. Any employee who is absent because of sickness or other physical . disability shall notify his /her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action in accordance with procedures established by this chapter. 7. Any employee absent for an extended illness or other physical disability may be required by the personnel director to have an examination by the City's medical examiner at city expense prior to reinstatement to the City service. S. An appointing authority, subject to approval of the personnel director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his/her jcb effectiveness or may endanger ' the health, safety or welfare of the employee, other employees or 50 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O \V the public. bnplcyees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted •I • - •1 J.••_ - • ••1 • •� • - - RcM JI11• • - - revert to a status of leave of absence without pay and be subject to the provisions of Section 2.36.460. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the city. This plan shall not give any employee the right to be retained in the services of the city, or any right of claim to sickness disability benefits after separation from the service of the city. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the city shall lie the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the city while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the city for monetary gain or other compensation, or by reason of engaging in business or activity for monetary or other compensation other than business or activity connected with his/her city 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 employment. 12. A public safety employee shall not receive sick leave payments W receiving Worker's Compensation payments. 13. Aaarmilation of sick leave days shall be unlimited. (Prior code 2708.5) 52 C�� O RESOLUTION NO. 6286 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 1272 CORONA COURT (JOE BOUD, SUBDIVIDER) WHEREAS, the Subdivision improvements for Tract 1272 have been satisfactorily completed, and WHEREAS, the Subdivider has requested acceptance of the improvements, NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the public improvements for Tract 1.272 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90% of the Faithful Performance bond in accordance with the subdivision agreement, and the labor and materials bond. On motion of Councilwoman_Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August , 1987. ATTEST: us% CITY CL RK PAM VOGE OR RON DUNIN R 6286 0 Resolution No. 6286 (1987 Series) Page Two. APPROVED: City Administrative Officer City Attorn J Community Development Director 21 City Engineer jk5 /t1272acc by ?.;� i � ..�-. /I_�y„f�Y�v ? ?l /1� �/,/�`lf G/ RESOLUTION NO. 6285 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 1232 AT 1490 DESCANSO (LAGUNA HILLS ESTATES, SUBDIVIDERS) WHEREAS, the Subdivision improvements for Tract 1232 have been satisfactorily completed, and WHEREAS, the Subdivider has requested acceptance by the city of the public improvements, NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the public improvements for Tract 1232 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90% of the Faithful Performance Letter of Credit in accordance with the subdivision agreement and the release of the Labor & Materials Letter of Credit. On motion of Councilwoman Rapoa seconded by Councilman Settle and on the following roll call voter AYES: Councilmembers kappa; ,Settle, Dovey, Griffin and liliayor Durgin NOES: Drone ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August , 1987. ATTEST: )" ( ) Ad A.'9-) CITY LERK PAM VO 6 S R 6285 42t. . 4rd R 6285 Resolution No. 6285 (1987 Series) Page Two. APPROVED: City Administrative Officer City Atto ney njiLe, 5a. W 1-bCA(L.l Community Development Director City ine r hb3 /t1232acc by ,�D • 9 RESOLUTION NO. 6284 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BIDS = AND- ADIA?.DII ?G" CONTRACTS- WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Stenner Canyon Reservoir No. 2 Cover & Lining Project ESTIMATE: $290,000.00 BIDDER: Sta -Flex 1501 Lana Way Hollister, CA 95023 CITY PLAN NO.: L -17M FUND NO.: 727 BID AMOUNT: $288,000.00 PROJECT: Stenner Canyon Reservoir No. 2 CITY PLAN NO.: L =21M Piping Modification Project ESTIMATE: $20,000.00 FUND NO.: 727 BIDDER: R. Baker Corp. BID AMOUNT: $36,354.00 P.O. Box 419 Arroyo Grande, CA 93420 NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilwoman Rappa seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of August , 1987. ATTEST: L)t?AJ-L% CITY CL RK PAM VOG top --moommulft MAYOR RON DUNIN R 6284 x x x x x x x x APPROVED: ty dministrative Officer City Attorney lib3 /bid jh4 /117maward by /Am-&� Fi ance Director Q .6/n- -_ Ci y gineer lib3 /bid jh4 /117maward by r l ��.2 L�� l ti �� /� /jam- Gt -CiG; z� �S ,) V i j • 0 RESOLUTION NO. 6283 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SEXTON FRANCIS AND ASSOCIATES TO PROVIDE ADVERTISING SERVICES WHEREAS, City desires to support a coordinated advertising program for promoting San Luis Obispo as a tourist locale; and WHEREAS, the marketing and coordination of an advertising campaign is an appropriate adjunct to the proper promotion of the City; and WHEREAS, City desires to engage Contractor to provide these services by reason of its qualifications and experience for performing such services, and Contractor has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, BE IT RESOLVED that the services agreement (Exhibit A) is hereby approved; and BE IT FURTHER RESOLVED that the Mayor is authorized to execute said agreement. When the agreement is executed, the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to: Sally Francis, Project Manager, Sexton Francis and Associates. On motion of Councilmember Dovey , seconded by Councilmember Rappa and on the following roll call vote.: AYES: Councilmembers Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilmembers Griffin and Settle the foregoing resolution was passed and adopted this 27th day of July, 1987. MAYOR, RON DUNIN ATTE l V CITY CLERK, PAMELA V S R 6283 0 Approved: City dministrative Officer P>o City Attorney ' finance irector m L EXHIBIT A PROFESSIONAL SERVICES AGREEMENT TO PROVIDE ADVERTISING SERVICES This agreement., made this day of . 1987, by and between the CITY OF SAN LUIS OBISPO. California (hereinafter referred to as "City "), and SEXTON. FRANCIS AND ASSOCIATES OF SAN OBISPD. CALIFORNIA, (hereinafter referred to as "Contractor "). WITNESSFTH: WHEREAS. City desires to retain Certain professional services in conjunction with an advertising program as recommended by the Promotional Coordinating Committee (PCC). The services being provided by the Contractor under this contract are professional advertising services to facilitate and implement the specific components of the program; and WHEREAS. City desires to engage Contractor to provide these services by reason of its qualifications and experience for performing such services, and Contractor has offered to provide the required services on the terms and in the manner set forth herein. NOW. THEREFORE, in consideration of their mutual covenants. the parties hereto agree as follows: I. PROGRAM COORDINATION a. City. The City Administrative Officer or his designated representative, shall be the Project Manager for all purposes under this agreement. He shall supervise the progress and execution of this agreement. b. Contractor. Contractor shall assign a single Program Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Sallie Francis is hereby designated as the Program Manager for Contractor. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Program Manager for any reason, the Program Manager designee shall be subject to the prior written acceptance and approval by City Program Manager. 2. DUTIES_OF CONTRACTOR a. Services to be furnished. Under general direction of the Program Manager. Contractor shall provide all specified services as set forth in Exhibit "1 attached hereto and incorporated herein by this reference, or as amended by the PCC. b. Laws to be observed. Contractor shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement; C� C f2) Keep itself fully informed of all existing and proposed federal, state and local laws. ordinances, regulations. orders, and iecrees which may affect those engaged or- employed under this agreement, any materials used in Cnntrar:tor's performance under this agreement, or the conduct of the services under this agreement: (3) At all times observe and comply with, and Cause all of its employees to observe and compiv with all of said laws. ordinances, regulations, orders. and decrees mentioned above. (4) Immediately report. to the City's Program Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders. and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. C. Release of_reports_and_information. Any reports. information. data. or other material given to, or, prepared or assembled by. Contractor under this agreemeiic shall be the property of City and shall not be made available to any individual or organization by Contractor without. the prior written approval of the City's Program Manager. d. Copies_ of_ reports _and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the services under this agreement. Contractor shall provide such additional Copies as are requested, and City shall Compensate Contractor for the costs of duplicating of such copies at Contractor's direct expense. e. ual.ifications of Contractor. Contractor represents that it is qualified to furnish the services described under this agreement. f. In addition to this Promotional Advertising Agreement, the City contracts with the Chamber of Commerce for Visitors and Conference Bureau (VCB); Visitors and Promotional services. The Contractor acknowledges the potential for duplication of efforts and costs as a result of these contracts with the City. In performing its services under this agreement, The Contractor agrees to make every reasonable effort to coordinate activities and to identify and avoid potential duplication of costs associated with the VCB, Visitors. and Promotion agreements. 3. DUTIES OF CITY City agrees to cooperate with Contractor in its performance of that work described in Exhibit "1 ", attached hereto and incorporated by this reference, or amended work plans approved by the PCC. The City 0 Program Manager shall work closely with the Promotional Coordinating Committee and will incorporate its comments. guidance and desires into the administration and execution of this contract to the degree such is reasonable. 4. COMPENSATION Contractor will bill City and be compensated in accordance with Exhibit "1" attached hereto and incorporated by this reference. as currently exists or as may he amended. 5. TIME FOR COMPLETION_OF_THE_WORK Program is for the period July 1987, to June 30, 1988. Contractor shall perform services in a timely manner upon direction and guidance from City Program Manager and PCC. Contractor acknowledges timing is at the sole discretion of City. 6. EXTENSION-OF-AGREEMENT. This agreement may he extended at the sole discretion of the City for an additional year following approval by the Promotional Coordinating Committee of an advertising program for the period .July,. 1988 through June 1989. Nothing in this agreement shall be construed to require extension of this agreement. 7. TEMPORARY_ SUSPENSION The City Program Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this agreement. Contractor will be paid the compensation clue and payable to the date of temporary suspension. The city will provide Contractor with a written statement outlining reasons or conditions of suspension. 8. TERMINATION a. Right_to_terminate. The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Contractor. City shall be obligated to compensate Contractor only for that portion of contractor services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Contractor and should they fail to agree, then an independent arbitrator is to be appointed by mutual agreement and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Contractor shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Contractor, and for which Contractor has C 7 7 received reasonable compensation, or materials given to Contractor in connection with this agreement. Such materials shall become the permanent property of City. Contractor, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 9. INSPECTION Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Program Manager's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its agreement as prescribed. 10. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Contractor pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 11. INDEPENDENT JUDGMENT Failure of City to agree with Contractor's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Contractor to meet the requirements of this agreement. 12. ASSIGNMENT:_ SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional advertising services of the Contractor and is not assignable by the Contractor without prior consent of the City in writing. The Contractor may employ other specialists to perform special services as required with prior approval by the City. 13. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: Pamela Voges, City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Contractor: Sexton, Francis and Associates P. 0. Box 4242 San Luis Obispo, CA 93403 ® O 14. INTEREST OF CONTRACTOR Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of City. 15. INDEMNITY Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and employees from: A. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; B. Any and all damage to or destruction of the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Contractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; D. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Contractor under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Contractor. • M Contractor. at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding. when same were due to negligence of the Contractor. 16. WORKERS COMPENSATION Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE At the request of the City, Contractor shall provide proof of comprehensive general liability insurance ($500,000) and automobile insurance. 18. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance., or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 21. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. C] o If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of.California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 22. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. -� IN WITNESS WHEREOF, City and Contractor have e e d this agreement on the day and year first above written.' SEXTO FRANCIS By Pres ent CITY OF SAN LUIS OBISPO By Mayor Ron Dunin ATTE T: Pamel voges, City Cl F.XH1B[T I The Contractor shall coordinate and implement the year -round diverse. advertising campaign for the promotion of the City of San Luis Obispo as a tourism destination. 1. The primary purpose of the campaign is to increase off- season tourism to the City of San Luis Obispo. 2. The Contractor will provide the Promotional Coordinating Committee, hereinafter called the PCC, with monthly written reports. The reports will provide information on rampagin progress and include copies of all ads. tear sheets, production expenses, bills for services, an outline of work to be completed in the next month and other pertinent information. 3. The City's Program Manager will give the Contractor direction based upon monthly review of Contractor's performance and recommendations. 4. The specific advertising campaign shall be as listed in the attached proposed 1987 -88 City of San Luis Obispo Promotional Campaign, unless modifiers by the PCC. 5. Payment to the Contractor will be made on all completed work, jobs in progress and media purchases approved by the PCC within 15 calendar days of receipt of Contractor's invoice. Requests for payment can be included in the monthly report to the PCC, sent directly to the PCC or sent directly to the Program Manager. Sexton Francis and Associates proposes the following Year I budget for promoting off- season tourism to San Luis Obispo. Media purchase . . . . . . . . . . . . . . . . . . . . . . . $50.000 Print ads to piggy -back on the State ad campaign, with San Luis Obispo ads to appear in issues of Travel & Leisure. Travel - Holiday. California and Sunset that feature the "Middle. Kingdom" State ad Creative and production fee for producing four copies of one 1 /3- page., four color ad: five B/W ads or two radio ads . . . $14,000 Includes a test radio promotion in the San Joaquin Valley Printing fund for special projects . . . . . . . . . . . . . $ 3,000 Visitor Information Kit inserts or changes, special pamphlets Reserve fund for ad opportunities. direct mail, etc. . .$_3,000 TOTAL $70,000 C CP 06 E fe of L) 0 CL tr >1 0 ro ii 14 ad 41 41 4j 14 14.4 0 a) 0 U 9) Q) (11 (a 4J �Q 4-J C 01 0 -14 41 0 (VIC U to (0 .Q 41 C.) e-4 4•) 0 4.) 4J 4J C) 1-4 S� (d ca �u �4 W4 .1.) > C w fa C RA dl 0 CD 0 0 L-4 w 0 W 14 (6a•.1 Q) (0 ca 4j a) 4j .4 a Aj -14 14 0 PAC .rq Ul (a 0 0 0400 -rq v 9 01 4J $4 it r- 0 0 U E 44 0 $4 M 4J 04 w to 4J 4J 0 go U2 V -4 S-4 0 r. 4j 43 0 (a 14 44 Q) W a) -04 4J 4-1 M -4 M C (d 4-) 04 H U V) V.: CPS Z: --EO C:. C: CX 0. C). 0. 10: in w* '0' 0. 0 C, Fpf - :0: U 01 C0' V,. C-4. lr* wit— COS Eli X:: X.: Xi X: x X.. 04 to: L6 . . . . . . . . ... . i CE 0: :0 10!010:0-041—:t�-* 0�!O! C�i c3iwikolln! I C4: at . . . . . . 61 .2 f •f 1 .2 0- Li i of ol 0 c % di Wi Os t� t . . . . :c cy- cob: 4p: A. IA Iq IV C: >1 >1 0 ro ii 14 ad 41 41 4j 14 14.4 0 a) 0 U 9) Q) (11 (a 4J �Q 4-J C 01 0 -14 41 0 (VIC U to (0 .Q 41 C.) e-4 4•) 0 4.) 4J 4J C) 1-4 S� (d ca �u �4 W4 .1.) > C w fa C RA dl 0 CD 0 0 L-4 w 0 W 14 (6a•.1 Q) (0 ca 4j a) 4j .4 a Aj -14 14 0 PAC .rq Ul (a 0 0 0400 -rq v 9 01 4J $4 it r- 0 0 U E 44 0 $4 M 4J 04 w to 4J 4J 0 go U2 V -4 S-4 0 r. 4j 43 0 (a 14 44 Q) W a) -04 4J 4-1 M -4 M C (d 4-) 04 H U V) RESOLUTION NO. 6282 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CHAMBER OF COMMERCE, SAN LUIS OBISPO TO OPERATE A VISITORS AND CONFERENCE BUREAU WHEREAS, City desires to support a coordinated marketing program for San Luis Obispo as a visitors and conferencing locale; and WHEREAS, the coordination and development of enhanced visitors and conferencing trade is an appropriate adjunct to the proper promotion of the City; and WHEREAS, City desires to engage Contractor to provide these services by reason of its qualifications and experience for performing such services, and Contractor has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, BE IT RESOLVED that the services agreement (Exhibit A) is hereby approved; and BE IT FURTHER RESOLVED that the Mayor is authorized to execute said agreement at such time as the County authorizes participation at the requested prorata level. When the agreement is executed, the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to: Dave Garth, Corporate Secretary, Chamber of Commerce of San Luis Obispo, Inc. On motion of Councilmember Dovey seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilmembers Griffin and Settle the foregoing resolution was passed and adopted this 27th day of July , 1987. R 6282 ATTEST: CITI CLERK PAMELA VO Approved: Q ty City Officer City Atto 0 ey wz� . /Acting Finance Dir ctor EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT TO OPERATE A VISITORS AND CONFERENCE BUREAU This agreement, made this day of , 1987, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA, (hereinafter referred to as "Contractor "). WITNESSETH: WHEREAS, City desires to support a coordinated marketing program for San Luis Obispo as a visitors and conferencing locale; and WHEREAS, the coordination and development of enhanced visitors and conferencing trade is an appropriate adjunct to the proper promotion of the City; and WHEREAS, the city desires to maintain and enhance the market share in an increasingly competitive environment, and WHEREAS, City desires to engage Contractor to provide these services by reason of its qualifications and experience for performing such services, and Contractor has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROGRAM COORDINATION a. City. The City Administrative Officer or his designated representative, shall be the Project Manager representing the City for all purposes under this agreement. He shall supervise the progress and execution of this agreement. b. Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Jonni Eylar is hereby designated as the Project Manager for Contractor. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval by City Project Manager. 2. DUTIES OF CONTRACTOR a. In addition to this Visitors and Conference Bureau (VCB) Agreement, City contracts with the San Luis Obispo Chamber of Commerce (Chamber) for visitors and promotional services. The City separately contracts with Sexton Francis and Associates to provide promotional advertising services. The Chamber acknowledges the potential for duplication of efforts and costs as a result of these contracts with the City. In performing its services under this agreement, the Chamber agrees to make every • reasonable effort to coordinate activities and to identify and avoid duplication of costs associated with the Promotional Services, the Visitors Center and Promotional Advertising Agreements. b. Services to be furnished. Contractor shall provide all specified services as set forth and incorporated herein by this reference. C. Chamber will maintain an office suitable for the conduct of a visitors and conference bureau. This office shall be open during normal business office hours to facilitate contact with conference representatives. d. Chamber staff shall include personnel qualified in visitors and conference bureau administration. e.. Chamber shall conduct a visitors and conference bureau on behalf of City as outlined here below or as may be modified from time to time by mutual agreement between the City and the Chamber. f. The program conducted by the Chamber shall include, but not limited to, the following: (1) Development of direct sales efforts to attract group business and conferences. Major markets would include Los Angeles, San Francisco, Fresno, and Bakersfield. (2) Attendance and representation of San Luis Obispo County at major travel and sales shows during the contract time period. (3) Coordination of scheduling for potential conferences with individual properties in San Luis Obispo County. (4) Develop new, coordinated county wide sales materials and brochures to be used in the marketing program. (5) Creation and implementation of a coordinated and planned marketing campaign, stressing the benefits of the San Luis Obispo area as a destination for visitors. (6) Submittal of a quarterly written report on the progress of the Visitors and Conference Bureau to the City's Project Manager, and the Promotional Coordinating Committee. g. All services provided by the Contractor listed within this agreement are in addition and beyond those of any and all other contracts currently held between the City and Contractor. h. Laws to be observed. Contractor shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement; 3 J C O (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Contractor's performance under this agreement, or the conduct of the services under this agreement: (3) At all times observe and employees to observe and ordinances, regulations, above. comply with, and cause all of its comply with all of said laws, orders, and decrees mentioned (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the services under this agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at Contractor's direct expense. j. Qualifications of Contractor. Contractor represents that it is qualified to furnish the services described under this agreement. DUTIES OF CITY City agrees to cooperate with Contractor and to perform work described hereto and incorporated by this reference. The City Program Manager shall work closely with the PCC and will incorporate its comments, guidance and desires into the administration and execution of this contract to the degree such is reasonable. COMPENSATION The Contractor will perform the work as described and as directed by the City's Project Manager. a, City will pay the Contractor the sum of $30,000.00 (thirty thousand dollars) for office space, staffing, and expenses to be paid in two installments, $15,000.00 (fifteen thousand dollars) on August 1, 1987, and $15,000.00 (fifteen thousand dollars) on January 1, 1988. 5. TIME FOR COMPLETION OF THE WORK Program is for the period July 1, 1987, to June 30, 1988. Contractor shall perform services in a timely manner upon direction and guidance from City Project Manager and PCC. Contractor acknowledges timing is at the sole discretion of City. C 6. TEMPORARY SUSPENSION 0 The City Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this agreement. Contractor will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Contractor, City shall be obligated to compensate Contractor only for that portion of contractor services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Contractor and should they fail to agree, then an independent arbitrator is to be appointed by mutual agreement and his decision shall be binding upon the parties. 8. INSPECTION Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval.. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS Because of several cities' involvement with the Visitors Conference Bureau, all materials, photos, drawings and other original materials shall remain the property of the Bureau. The City shall have free, reasonable and timely access to and use of these materials. 10. INDEPENDENT JUDGMENT Failure of City to agree with Contractor's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Contractor to meet the requirements of this agreement. 11. ASSIGNMENT.: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional marketing services of the Contractor and is not assignable by the Contractor without prior consent of the City in writing. The Contractor may employ other specialists to perform special services as required with prior approval by the City. 12, NOTICE 13 G All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: Pamela Voges, City Clerk City of San Luis Obispo P.O. Box 8100 To Contractor: INTEREST.OE CONTRACTOR San Luis Obispo, CA 93403 -8100 Chamber of Commerce of San Luis Obispo 1041 Chorro Street, Suite E - San Luis Obispo, CA 93401 Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest.under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and employees from: A. Any and all.claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; B. Any and all damage to or destruction of the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Contractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; D. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Contractor under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Contractor. Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Contractor. 15. WORKERS COMPENSATION Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE Contractor shall provide proof of comprehensive general liability insurance in the amount of ($500,000). 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties.. 18. WAIVERS The waiver by either party of any breach or violation of any term, . covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or Violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. C 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement. or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATI.ON No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, sexual orientation, or sex of such person. If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person . was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. C IN WITNESS WHEREOF. City and Contractor have executed this agreement on the day and year first above written. ATTE . V Pame Voges, City Clerk CHAMBER OF COMMERCE OF SAN LUIS OBISPO By _ es f de By 1� Corporate Secretary` CITY OF SAN LUIS OBISPO By ayor on unin 1 RESOLUTION NO. 6281 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. FOR CHAMBER TO CONTINUE TO PERFORM CERTAIN VISITOR AND TOURIST INFORMATION ACTIVITIES FROM A CHAMBER OPERATED VISITORS' CENTER 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 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: Dave Garth, Executive Manager of the Chamber of Commerce; San Luis Obispo Finance director; and the President of the Chamber of commerce. On motion of Councilwoman Dovey seconded by Councilwoman Rappaand on the following roll call vote: AYES: Councilmembers Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilmembers Griffin and Settle the foregoing Resolution was passed and adopted this 27th day of July , 1987. YOR, RON DUNIN AT ST ( ln4A CI LERK, AM 6 GES Approved: ity AtinistratiVj- )ZLicer City Attorney e Director e R 6281 0 0 EXHIBIT__ A" PROFESSIONAL SERVICES AGREEMENT TO PROVIDE VISITORS SERVICES ANN) TOURIST INFORMATION ACTIVITIES This agreement. made this day of . 1987, by and hetwNen the CITY OF SAN LUIS OBISPO. Californin ( hereinafter referred in as "City-). and CHAMBER OF COMMERCE: OF SAN LUIS OHISPO. INC.. CALIFORNIA. (Kreinnftei referrers to an "Contractor ") Wl TNESSETII : WHEREAS, City desires to continue to promote its advantages as a tourist and recreational center, disseminate visitor information relaLive thereto, and properly respond to inquiries about various activities of City and its possibilities: and WHEREAS, City desires Chamber to continue to perform certain visitor and tourist information services for City which City believes will be of great, advantage and benefit to the City and its citizens, residents, property owners and taxpayers thereof, and will promote the general welfare: and WHEREAS. Chamber is organized for and equipped to carry on such informational activities on behalf of City, and is in a position to accomplish such aims and purposes of City in an efficient and economical manner: and WHEREAS, the provisions of the Government Code, of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided. NOW. THEREFORE, in consideration of their mutual covenants. the parties hereto agree as follows: 1. PROGRAM COORDINATION a. City. The City Administrative Officer or his designated representative. shall be the Project. Manager representing the City for all purposes under this agreement. He shall supervise the progress and execution of this agreement. b. Contractor. Contractor shall assign a single Project. Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Dave Garth is hereby designated as the Project Manager for Contractor. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project. Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval by City Project Manager. 2. DCTIES-OF-CONTRACTUI,' a. In inid!Lion Q the Visitor Services Agreement. City contract,., with the San Luis Obispo Chrimbpr of Commerce (Chamber! Wr promotional services and the VisKors and Unfurence Mean (M). Thr City separately contracts with Sexton Francis and Associates to provide advertising sarvires. The Chamber acknowledges the potential for duplication of vrf"Pts and costs as a result of these; contracts with the M ry. In performing its services under this agreement. the Chamber agrees to make every reasonabir effort Q coordinate mccivitivs and to identify and avoid duplication or costs associated with the VCB. the Promotional Rervices and Advertising Agreements. b. Services -Lo-be-furnished. Conrractnr shall provide all specif iod services as set forth and incorpni-awd herein by this reference. c. Chamber will maintain a public office within the City of Sari Luis Obispo at a location acceptable Lo the City Council. Chamber wit! maintain a fully c"mpetent staff` in this office including a manager with necessary secretarial assistance. The Chamber office will provide information to visitors and to business add professional people. The office will he staffed and open to the public daily during regular office hours seven (7) days per week. excepting legal holidays. Chamber will also maintain telephone services open to the public desiring information. will provide written responses to inquiries. and will distribute appropriate printed material. The information program will include distribution of such material to local agencies and businesses for dissemination to their customers and tourists. The Chamber shall also distribute apprnpriate material W other chambers, tourist agencies. and travel organizations in other communities. Except for material which is furnished in the Chamber by the City, the Chamber shall be permitted to charge reasonable fees for material which it distributes. (1) Chamber will employ a manager and other necessary personnel. The manager's qualifications will include training and experience in public relations and public information. (2) Chamber will distribute maps and promotional literature about San Luis Obispo and will conduct an information program including maintaining files on the community's economic data, recreational facilities and events. general business conditions. historic points of interest, and cultural activities. This program will be directed toward visitors and others who have interest in the community. (3) Chamber will also maintain a library of literature, business and telephone directories for public use. C) d (4) Chamber will cnopprnte with the City's promotional advertising program by responding to inrluirirs. tabulating and reporting responses and coordinating activities and services. (5) fn all activities, Chamber shall he a public relations agency disseminating information and creating goodwill and advancinv the development of Sall Leis Obispo and its trading area. Chamber furthermore agrees to ronperate in ascertaining the most favorable long- -range activities for the community. (6) Chamber will carry on such other duties as may be mutually agreed upon by the parties hereto to promote tourism. conferences. conventions.. and related business and cultural activities in the community. d. Notwithstanding any other representations, oral or written. between the parties, incJudinu any and all agents or, representatives thereof. Chamber at all timers covered by the terms of this agreement is acting as a free, and 'independent contractor. not as an agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines. and Chamber will use its own initiative and discretion in performing the details of work herein. e. all services provided by the Contractor listed within this agreement are in addition and beyond those of any and all other contracts currently held between the City and Contractor. f. Laws to be observed. Contractor shall: (1) Procure ail permits and licenses, pay all charges and fees. and give all notices which may he necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances. regulations, orders. and decrees which may affect those engaged or employed under this agreement, any materials used in Contractor's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws. ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement.. c� o „0rt.s and infolmntion. if City rr�q,tests additional -- - -- - 1. -- - - -- -- -- - -- t r.opies ol, roports, drawings. suel ifii:ations. Cur any other ma terirll in addition to what. the Contractor is required to furnish .in limited quo nt.iI ir!s as part. of the scrvir.eS under t:f,is agreement. Con irart.or Sh:,l.l provi�:ir� such add;iJona] copies as are ret III (!s tr:d. ;I nrl City sIf;II l (: o1111) ,;;, ,, (, o I I tt I,; I I' I o r' fiIr Cllr' costs of Chip Iicating of such (--op ies n Con I:rartrrr's dirert. r.!Cliells .- . h. Qtl..l lifi col t.,oils of Con t.r.u" tor. ("ontrar..tor represents that it. is quil l ific'l to furnish, thrt scI% C. I! described under this :tureemeo t D1TTIiS OF CITY City aurei�s to Cooperate with (,ont.ractof- Dori to prarform work described hereto :Ind incorpnrated by this reference. q, COMPFNSATTON City shall pay to Chambo-!r the following slims fur furnishing said services: a. Commencing ,idly 1. 1987. a I I d C o I I tJ nuing for one ( 1 ) year. City shall pay Chamber the sum of Thirty Eiffht Thousand Four Hundred Fifty Dollars and Fifty Cent.s (538.950.60) per year, payable in two installments of Nineteen Thousand Two Hundred Twenty Five Dollars anri Twernty Five Cents (519.225.25) for the above services. to be expended in the categories and the amounts specified in the attached budget. 5. TIME FOR COMPr,ETION OF THE WORK Program is for the period July 1. 1987, to June 30. 1988. 6. TEMPORARY SIISPF.NSION The City Project. Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable Conditions or to the fa.ijure on the part, of the Contractor to perform any provision of this agreement. Contractor will be uaid t -hr. compensation due and paya'[.,le to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation dire and payable to the date of termination: provided, however, if this agreement is terminated for fault of Contractor. City shall be obligated to compensate Contractor only for that portion of contractor services which are of benefit to City. Said compensation is to be arrived at by E 0 11int.11al al!rwment of thr: c:it.y and Cnnt.ra for and sh"Ad they fail to agree, then an independent . arhi t. raver is to he appointed by mutual agreemenit and his derision shall he binding "purr the parties. s;. iNSPFCTtO\ Contractor shall furnish City with every reasonable uppnrtunity for City to ascertain that the services of Contractor are being Performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall he srlhject to this City's Project Mnnnn"r's inspection and Wtpproval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its agreement. as Prescribed. 9. NOTICE All not.ii;es hereunder shat]] he piven in writing and mailed. postage prepaid. by Certified Mail. addressed as follows: To City: Pamela \'ones. City Clerk City of San Luis Obispo P.O. Box 3100 San Luis Obispo, CA 93403 -8100 To Contractor: Chamber of commerce of San Luis Obispo 1041 Chorro Street. Suite E San Luis Obispo. CA 93401 10. INTEREST-OF-CONTRACTOR Contractor covenants that it presently has no interest.. and shall not acquire any interest. direct or indirect, financial or otherwise. which would conflict: in any manner or degree with the performance of the services hereunder. Contractor further covenants that. in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financiai interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder. contractor shall at all times be deemed an independent contractor and not an went or employee of City. 11. INDEMNITY Contractor hereby agrees to indemnify and save harmless City, its officers. agents, and employees: A. Any and all claims and demands which may be made against City. its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; 0 it. Ally ;Ord :ell iamajr In or df!sIrocf.ioil of thrr prnirer't.y of f:ity, it.s officers, iff "rut's. or empIoyo�s. occupirtd or usr,rt by or in the care. custody. or cont.roI of Con t.raGt.or. Or in trroxi ill ity to the site. Of Con I.ractor's work. Caused by a1)V nev,lioent. act. or omission of ConLrar,tor nndr!r t.h.is ;rl {reemenl or ni' Cunt.rrrrtor's emp10ye«�s or agents; f :. Any and :: i ! r; Iii i ms ;ind demands wh i ch miry be mach: aL;a ins r r: i t.y, its oi'fiCers, ifM•11.s. or employees by reason of a11y injury to nr deHt.I1 of or ri ;t matte suffered ur sus taiif eft by any r: lilt) loyr.r nr anent Of Contractor under this agreement.. however caIf seci, except.ir:u. however. any such claims and demands which are the result of the nevliuenc_e or willful misconduct of City, its officers. avr.nts. or employees: C. Any and all c_.laims and demands which may be made against City, its officers agents, or employers by reason of any .infringement of- alleged .infrin .gemeni. of any patent rights or claims caused by the use of anv anp;rrxt:ns, a.ppli,tnce. or, materia.ls furnished by Contractor under this agreement; and F.. Any iint all penal fies imposed or damages sought on account of the violation of any law or regulation or, of nny term or condition of r-iny permit„ when said violation of any law or regulation or of any term or condition of any permit is due to neoi.igence on the part. of the Contractor. Contractor, at its own costs. expense, and risk, shall defend any and if]] snits, actions, or other legal proceedings that. may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that. may be rendered against City, its Officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Contractor. 12. WORKERS COMPENSATION Contractor certifies that. it is aware Of the provisions of the Labor Code of the St:;rte of California, which require every employer to be insured against. .liability for workers compensation or to undertake self - insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 13. INSURANCE. Contractor shall provide proof of comprehensive general liability insurance in the amount of ($500,000). 14. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. C C 15. k'AIVF,RS Thc.. waiver by aitau:r party of any hrc!arh or- violat.ion of any term . covenant. or, condition of this agreemcnt. or. of any provision, ordinance, or law shall not he dcttmeil to be a waiver of nny subsequent breach of violation of the same or- of riny other term, covenant:, condition. ordinance, or 1;iw. "Ihe subsequent acceptance by either party of any fee or other money which may hecnme due hereunder shall not be deemed to tre a waiver of any preceding breach or violation by t:he other p.irty of ariy term. covenant, or, condition of this agreement- or of any appl ic,rhle law or ord.inanc.c!. lG. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the tr -rms of this cgreement. or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an nc_tion from the other, party. 17. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin. ancestry, religion, sexual orientation. or sex of such person. If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment: Practices Art or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct. from the amount payable to Contractor the sum of Twenty -Five Dollars ($25) for each person for each calendar day during, which such person was discriminated against, as damages for said breach of contract. or both. Only a finding of the ,State of California Fair Employment Practices Commission or- the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 18. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations. E O representations, nr ., *reenunIs, Dither wr it! en or nral. Phis document. may Irrr. amended (ill ty by writ ton i its trrnnent., sitnelI by ho Ill City and Contractor. All provisinns of this [;regiment. are expressly made ronditinns. This agreement. shall he governed by the laws of the SIat.e of rill ifornia. IN WITNESS WHEREOF. City and Contractor h.[v aNer :rated this agreement on the day and year first abnve writtgir:. CHAMBER OF COMMERCE, OF SAN Lli I S OH I SPO Bv ,. Corporate Secretary CITY OF SAN TUTS OBISPO 1 � B _ fRo r n Dun in ------------ - - - - -- - ATTEST: Pamela joges, City Clerk O RESOLUTION NO. 6280 (1987 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. FOR CHAMBER TO CONTINUE TO PERFORM PROMOTIONAL SERVICES ON BEHALF OF THE CITY OF SAN LUIS OBISPO 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 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: Dave Garth, Executive Manager of the Chamber of Commerce; San Luis Obispo Finance Director; and the President of the Chamber of Commerce. On motion of Councilwoman Dovey , seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Dovey, Rappa and Mayor Dunin NOES: Nonea._ . _ .. ABSENT: Councilmembers Griffin and Settle the foregoing Resolution was passed and adopted this27th::day of July, 1987. YOR, RON DUNIN ATTE CITY tLERK, PAMELA V06 Approved: cnr_ L/ City A miii-traE,4ve Officer City A e Director s s s s s R 6280 • 1 o EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT TO PROVIDE PROMOTIONAL SERVICES This agreement, made this day of July. 1987, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.. CALIFORNIA, (hereinafter referred to as "Contractor "). WITNESSETH: WHEREAS, City desires to promote its advantages as a tourist and recreation center: and WHEREAS, arranging and obtaining favorable coverage about the community in the various news media likely to be read by potential Visitors to the City is an integral part of its promotion as a tourist and recreation center: and WHEREAS, the coordination and development of cultural and recreational events is a necessary adjunct to the proper promotion of the city; and WHEREAS, the Chamber staff is qualified and the office is equipped to carry on such activities on behalf of the City; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROGRAM COORDINATION a. Cam. The City Administrative Officer or his designated representative, shall be the Project Manager representing the City for all purposes under this agreement. He shall supervise the progress and execution of this agreement. b. Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Dave Garth is hereby designated as the Project Manager for Contractor.. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval by City Project Manager. ® 0 2. DUTIES OF CONTRACTOR it. fn addition to this Promotional Services Agreement.. City hits two other contracts with the San Luis Obispo Chamber of Commerce (Chamber). Visitors Center and Visitors :utd Conference Bureau (VCB). The City separately contracts with Sexton Francis and Assnciates to provide adve,rtisiug services. The Chamber acknowledges the potential for dnplirtttion of efforts and costs as a result of these contracts with the City. in performing its services under this agreement, the Chamber agrees to make every reasonable -ffort ro coordinate activities and to identify and avoid dueliCation of costs associated with the VCR. the Visitor renter and Advertising Agreements. b. Services to be furn_ish_ed. Cnntractor shall provide all sner,ified services as set forth and incorporated herein by this reference. C. Chamber will maintain an office suitable for the conduct of a promotional program. This office shall he open during normal business office hours to facilitate, contact with news media representatives and to disseminate news releases and promotional information in it professional manner to various media. d. Chamber staff shall include personnel qualified in public relations. Public information shall be available as necessary to the successful implementation of a promotional program. P. Chamber shall conduct. a promotional and publicity program on behalf of City as outlined here below or as may be modified from time to time by mutual agreement between the City and the Chamber. f. The program conducted by the Chamber shall include, but not limited to, the following: (1) The writing, production, and distribution of news releases. feature stories. photographs and illustrations, radio and television news materials, informational fliers, graphics. and such personal contacts with news media as may be necessary for the general promotion of the City of San Luis Obispo as a tourist. destination. (2) Maintaining a file of clippings, news releases, artwork, and other promotional material produced by the Chamber on behalf of the City pursuant to this Contract which shall be available to the City or its designated agents for use in promotional programs at the sole discretion of the City. (3) Representation at meetings of the PCC, and at the direction of the Chairman of the PCC, the meetings of other City commissions and the City Council. LJ O ( 4 ) ha intf!nance of it liaison with groups and individuals in the community who express an interest in producing informdtion and /or programs which support: the promotional activities of the City of San Lois Obispo. (S) The Chamber shall submit a monthly written report of promotional services rendered including copies of press releases, feature storics, photographs and illustrations. radio and television news materials. fliers. grpahics, and other, materials prepared on behalf of the City at each reguiar muot.rng of the PCC. Said monthly report shall include an itemized statement: regarding Chamber staff hours devoted to the City's promotional program during the preceding month. g. All services provided by the Contractor listed within this agreement are in addition and beyond those of any and all other, contracts currently held between the City and Contractor. h. Laws to-be.-observed. Contractor shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement: (2) Keen itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Contractor's performance under this agreement., or the conduct of the services under this agreement: (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws. ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws. ordinances, regulations. orders. and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. i. Copies of _ reportsand_ information. If City requests additional copies of reports drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the services under this agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at Contractor's direct expense. j, Quylifications of Contractor. Contractor represents that it is qualified to furnish the services described under this agreement. • 3. DUTIES OF CITY N City agrees to cooperate with Contractor and to perform work described hereto and incorporated by this reference. 4. COMPENSATION City shall pay to Chamber the following sums for furnishing said services: a. A flat. rate of Twenty Four Thousand Eight Hundred Eighty Eight Dollars ($24,888.00) per year of office space, staff and expenses. b. Payment shall be made in equal installments of $6,222.00 on or before August 1, November 1, February 1 and May 1. 5. TIME FOR COMPLETION OF THE WORK Program is for the period July 1, 1987, to June 30, 1988. 6. TEMPORARY_ SUSPENSION The City Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this agreement. Contractor will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION:.TERMINATION a. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Contractor, City shall be obligated to compensate Contractor only for that portion of contractor services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Contractor and should they fail to agree, then an independent arbitrator is to be appointed by mutual agreement and his decision shall be binding upon the parties. 8. INSPECTION Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its agreement as prescribed. ® o 9. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: Pamela Voges, City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo. CA 93403 -8100 To Contractor: Chamber of Commerce of San Luis Obispo 1041 Chorro Street, Suite E San Luis Obispo, CA 93401 10. .INTEREST OF CONTRACTOR Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that. in the performance of the services hereunder. Contractor shall at all times be deemed an independent contractor and not an agent or employee of City. 11. INDEMNITY Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and employees from: A. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; B. Any and all damage to or destruction of the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Contractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; • O U. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Contractor under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Contractor. Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Contractor. 12. WORKERS COMPENSATION Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code. and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 13. INSURANCE Contractor shall provide proof of comprehensive general liability insurance in the amount of ($500,000). 14. AGREEMENT BINDING The terms. covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 15. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. • 0 16. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 17. DISCRIMINATION No discrimination shall be made in the employment. of persons under this agreement because of the race, color, national origin. ancestry, religion, sexual orientation, or sex of such person. If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon. City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement. Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 18. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and year first above written. CHAMBER OF COMMERCE OF SAN LUIS OBISPO By ®ent By i i,:..�L C.��z• Corporate Secretary CITY OF SAN LUIS OBISPO BY -ig r Ron Dunin ATTE Pam a Voges, City Cle n RESOLUTION NO. 6279 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1509 LOCATED AT 2576 JOHNSON AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1509 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings:. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the R -1 zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. The following findings support the exception stated in Section 2, below, and are required for conditions 1 (b.) and I (c.) of Section 3. 6. The proposed exception does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity because the overall intensity of development is consistent with that of other properties, and because adequate temporary safe access is furnished by the reduced pavement width. 7. Because of special circumstances, notably the infeasibility of obtaining and improving property needed for full -width improvements to La Vineda and Marian Way, the strict literal application of the Subdivision Regulations would deprive the property owner of privileges enloyed by other properties in the vicinity. 8. That under the circumstances of this particular case, the exception requested carries out the spirit and intent of the Subdivision Regulations and past actions of the City Council. 9. The cost to the subdivider of strict literal compliance with the regulations is not the sole reason for granting the modification. R 6279 • o Resolution No. 6279 (1987 Series) Tract 1509 Page 2 SECTION.2. Exception That the approval of Tract 1509 be subject to the following exception: Reduction of La Vineda and Marian Way improvement requirement, from full -width improvement to improvement of one -half street width, where dedication of property not owned by the subdivider would otherwise be required. NOTE: The above exception to the Subdivision Ordinance is required for conditions I (b.) and 1 (c.), below. SECTION 3. Conditions. That the approval of the tentative map for Tract 1509 be subject to the following conditions: a. The subdivider shall obtain necessary easements across Lot 19, Block 4 of Goldtree Vineyard Tract (Forest Property) to improve a full 58 -foot right -of -way for LaVineda and a full 52 -foot right -of -way for Marian Way, including installation of street improvements consisting of street paving and base to city standards, asphalt berm along edge of paving to control drainage and sanitary sewer, storm drainage and sanitary sewer, storm drainage to the satisfaction of the City Engineer. OR, b. The subdivider shall obtain all necessary easements to allow installation of storm drainage across Lot 19, Block 4 of the Goldtree Vineyard Tract (Forest property), to city standards and to the satisfaction of the City Engineer. OR, C. The subdivider shall provide a private easement along the southerly boundary of lots 6 and 8 to install storm drainage on a temporary basis to the satisfaction of the City Engineer. Said easement and improvements shall be abandoned at the discretion of the City Engineer when full right -of -way improvements, including storm drainage, for Marian Way and La Vineda are accepted by the city. 2. The subdivider shall install "no parking' signs and /or paint the curbs red along all right -of -way improvements designated by the City Engineer and Fire Marshal. 3. The final map shall note that at the time of development of lots 3 through 6, two guest parking spaces on each lot shall be provided in addition to those required by current zoning regulations. • 0 Resolution No. 6279 (1987 Series) Tract 1509 Page 3 4. Existing trees shall be retained on the site to the maximum extent feasible. Any trees requiring removal to accommodate utility easements shall be replaced with trees of a suitable size, type, and number as determined by the City Arborist. Final map shall note that street trees shall be installed at the time of development of each lot to the satisfaction of the City Arborist. 5. The subdivider shall dedicate to the city and improve a full cul -de -sac turnaround of 44 -foot property line radius for Marian Way including curb, gutter, sidewalk, driveway approaches, street tree easement and public utilities easement. Street pavement shall be installed to the satisfaction of the City Engineer. 6. The subdivider shall install a street light on Marian Way cul -de -sac to the approval of the City Engineer. The light shall be owned by the city and maintained by PG &E. 7. All existing structures shall be removed from the site prior to final map recordation. 8. The subdivider shall grade the site to the satisfaction of the City Engineer. 9. The subdivider shall dedicate a 6 -foot public utilities easement and 10 -foot tree planting easement along all street frontages. 10. The final map shall depict a common driveway easement for lots 7 and 8 to the approval of the Community Development Department. Subdivider shall prepare a common driveway agreement for said common driveway. 11. The subdivider dedicate a one -foot non - vehicular access strip along the entire Johnson Avenue frontages of lots 7 and 8 exclusive of the common driveway. On motion of Councilwoman Dovey,,seconded by Councilman Griffin and on the following roll call vote: AYES:. Councilmembers Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this ?;1st., day of .,July 1987. • Resolution No. 6279(1987 Series) Tract 1509 Page 4 yor.Ron Dunin ATTEST: ( , Cit Clerk Pam Voo APPROVED: Cit dministrative Officer City Attor ey ........................... Community Development Director �f N RESOLUTION NO..627.8 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED WATER ALLOCATION REGULATIONS WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed Water Allocation Regulations; and WHEREAS, the proposed regulations are one component of implementing the general plan Water Management Element, for which an environmental impact report has been certified; and WHEREAS, the Water Management Element includes a specific program describing the substantial provisions of the proposed regulations and the environmental impact report on that element evaluated the most stringent development- management approach, the conservation -only alternative; and WHEREAS, the potential environmental impacts of the regulations have been evaluated in an initial study and the Community Development Director has approved a negative declaration; and WHEREAS, William Coghlan (Pacifica Corporation) has appealed the negative declaration, asserting that an environmental impact report should be prepared before the proposed regulations are adopted; and WHEREAS, the council has considered the previous environmental impact report, the initial study, the appeal statements, the record of public testimony, and the report and recommendation of staff; and WHEREAS, the council determines that the appeal constitutes serious public controversy and a disagreement among experts on the significance of potential impacts; NOW, THEREFORE, the council resolves as follows: An environmental impact report on the proposed regulations shall be prepared. It shall focus on how the regulations, by limiting development within the city, may affect the rate and distribution of development within the city and the surrounding area. It shall also evaluate the general impacts of development which may be displaced from the city to unincorporated areas surrounding the city. R 6278 Resolution No. „62.78 (1987 Series) Page 2 Councilwoman Dovey Councilwoman Rappa On motion of seconded by and on the following roll call vote: AYES: Councilmembers Dovey, Rappa and Griffin NOES: Mayor Dunin ABSENT: Councilman Settle the foregoing resolution was passed and adopted this .21st day of .. July , 1987. • ........... ayor Ron /7 Dunin ATTEST: ...... P v+n.b ��.. ............. City k Pam "" s APPROVED: City dministrative Officer .......... ........... ................ City At rney /1- �� r. ......... ...I ........................... Community Development Director 1_2 s c RESOLUTION NO. 6277 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT THE PROPERTY AT 663 CHURCH STREET CONSTITUTES A PUBLIC NUISANCE, AND ORDERING ABATEMENT THEREOF . BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council, after holding a public hearing on July 21, 1987, in accordance with applicable provisions of the Municipal Code, finds that the condition of the premises at 663 Church Street, and more particularly described as Lot 8, Block 124, Murray and Church's Addition, and shown as Assessor's Parcel No. 3 -641 -3 in the County of San Luis Obispo, constitutes a public nuisance. 2. The facts forming the justification for abatement are that the premises are maintained in such a manner so as to constitute a fire hazard. Junk and combustible materials are stored in and around the house to such a degree that a serious and ongoing life safety hazard is presented. Evidence and testimony presented by the Fire Department support the determination that immediate corrective action is necessary to protect the public safety. 3. The public nuisance is hereby ordered to be abated by the property owner, or any other person or party claiming an equitable or legal interest in the property, within thirty (30) days of the date of this Resolution by removal of all materials or items which, in the opinion of the Fire Chief, constitute a fire or health or life safety hazard. 4. The City Clerk shall provide notice of this Resolution as set forth in San Luis Obispo Municipal Code Section 8.24.110 and, if abatement is not had as ordered above, to take such further action as is required by the Municipal Code. R 6277 0 Q Resolution No. 6277 (1987 Series) Page 2 5. If this nuisance is not completely abated within thirty (30) days, the City Administrative Officer, or his designee, is hereby authorized and directed to cause the same to be abated by the use of City forces or private contract. Any costs incurred by City in abating this nuisance shall be accounted for and processed as set forth in Chapter 8.24 of the San Luis Obispo Municipal Code. 6. The method of abatement will be the removal of the items and materials constituting the fire and health hazard, or other appropriate action, the cost of which will constitute a lien upon such premises until paid if done by action of the City. On motion of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Settle the foregoing Resolution was passed and adopted this 21st day of July 1987. o s s 0 ®i �C� RON DUNIN ATTE CITY 6LERK PAM VO APPROVED: City A inistrnV#reOfficer Fire Chief City At ��� �o � �� �/ �"" "' 1YL�L% ,. �, ,. - :� ��; ,. 6 G RESOLUTION NO. 6276 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BY -LAWS OF THE PLANNING COMMISSION BE IT RESOLVED by the Council of the City of the City of San Luis Obispo as follows: SECTION 1. That Section VII of the by -laws of the Planning Commission are amended to read as follows: "VII. ATTENDANCE Any member of the Planning Commission who fails, for anv reason, to attend three (3) consecutive regu regular, or specially- scheduled meetings, or such commission meetings within any 12 month automatically considered by the City Council On motion of Gnunri ltammnn Rgp,I n , Lar, adjourned a total of six (6) period, shall be for replacement." seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st day of July , 1987. ATTEST: P", V City Clerk Pan vcQes Ron Dunin R 6276 Resolution No. 6276 (1987 Series) Page 2 APPROVED: Ci Admi istrative Officer City Att ney Community Development Director M i ., 0 C � - RESOLUTION NO. 6275 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WOMEN'S SHELTER PROGRAM TO PROVIDE FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00) FOR SERVICES PROVIDED BETWEEN JULY 1, 1987 AND JUNE 30, 1988 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Women's Shelter Program. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Women's Shelter Program, Human Relations Commission, and City's Finance Director. On motion of Councilwoman Rappa , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 21st day of July 1987. ATT ST: _ ar Pam a Voges, City C k jF1y5r Ron Dunin APPROVED: Ci V Admi istrative Officer City A e Director R 6275 • C AGREEMENT THIS AGREEMENT, dated July 1, 1987, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City ") and WOMEN'S SHELTER PROGRAM, INC., a nonprofit corporation (referred to herein as "Women's Shelter Program "). WITNESSETH: WHEREAS, Women's Shelter Program has requested City to contribute to a program to provide shelter and related services for abused women and their childred, said programs as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and Women's Shelter Program, for and in consideration of the mutual benefits, promises, and agreements set forth herein, do agree as follows: 1. Women's Shelter Program agrees to make its services as described in Exhibit "B" and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1987 through June 30, 1988. 2. Women's Shelter Program will provide the City with periodic summary reports and a final report, describing the type and quantity of services and listing funds received by Women's Shelter Program from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. 3. Women's Shelter Program and all of its agents, representatives, or participants in any manner in the performance of Women's Shelter Program's obligations and duties hereunder shall be employees, independent contractors, or volunteers for Women's Shelter Program and shall not for any purposes be considered employees or agents of the City. 4. Women's Shelter Program agrees to hold City harmless, and to defend City against, from and,in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act of omission, negligent or otherwise, of Women's Shelter Program. 5. City agrees to pay Women's Shelter Program a onetime only grant, of the sum of Four Thousand Five Hundred Dollars, ($4,500.00), payable in twelve monthly payments, or if deemed appropriate, in any such manner as shall be approved by the Human Relations Commission or its staff. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Women's Shelter Program. Said termination shall be effective. 30 days after City mails notice of termination of the agreement to Women's Shelter Program. Any funds not paid pursuant to paragraph 5, above, shall revert to City upon said termination. �� xgx , P Li 66� 9y • C AGREEMENT WOMEN'S SHELTER PROGRAM FISCAL YEAR 87 -88 PAGE 2 7. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: City Clerk PO Box 8100 San Luis Obispo, Ca. 94303 -8100 WOMEN'S SHELTER PROGRAM: Women's Shelter Program P.O. Box 125 San Luis Obispo, Ca. 93406 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized: Women's Shelter Program, A California Corporation: By: Attest: T CITY OF SAN LUIS OBISPO: or Ron Dunin ATTEST: Qv� .4A Cit§ Clerk Pamela V es 113. PROGRAM OBJECTIVES GENERAL PROGRAM OBJECTIVES FOR 1987/88: 1. Provide temporary shelter, including housing, food and clothing, to 250 individuals with 5,000 units of service. Provide counseling services for women and children at the shelter. /3* . Provide outreach services through HOTLINE,phone counsel- ing, one -to -one counseling, paralegal assistance and attendance at group counseling. PROGRAM OBJECTIVES SPECIFIC TO GRANTS -IN -AID FUNDING: :1. Purchase a duplicating machine for use at the shelter in order to conveniently copy essential paperwork. ;2. Continue legal services for residents of the city of San Luis Obispo and expand the shelter's existing law library. 3. Publicize volunteer training and shelter activities. Write and distribute a shelter brochure. It MCHIBIT C ��► �nu������aii��N�� ►��IIIII�II��iu��►����i ����� city of sAn leis oaspo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 AGENCY PERIODIC REPORT. FORMAT SPECIFIC GUIDELINES Periodic reports shall be due as specified on an agency -by- agency basis. Reports shall consist of the following for the preceding period: 1. ADMINISTRATOR'S REPORT: Brief synopsis of the activities for the reporting period. This should include a statement describing activities, services provided, meetings held, publicity generated, etc. and any changes in the program that have occurred during the report period. 2. FINANCIAL REPORT(S): Monthly financial statements should be included for the report period. All records must be for the overall financial activity of the agency. Grant activity or separate program financial documentation may be added, but is not acceptable in lieu of complete financial statements. An income and expenditures statement which itemizes line -item expenses and a balance sheet need to be included along with any other information necessary to reflect the total "operating budget" of the agency. 3. REPORT OF EXPENDITURE OF CITY FUNDS: According to form provided by HRC. 4. STATISTICAL SURVEY: Should include number of clients served, city of origin, nature of services provided and any other statistics regularly kept by the agency. The total number of clients served should also be broken down by type of service provided, if there is a range of services available rather than a straight "package ". For example, if a client could receive food, lodging and gas or just food, the number of recipients for each type of service should be indicated as well as the total number of people served. 5. BOARD OF- DIRECTORS: Minutes for meetings held during the reporting period and notification of meeting dates should be included. 6. FINAL REPORT: It is critical that this report be recieved within one month after the close of the City's fiscal year. (July 31) This should be a brief cummulative report of the year's events, including a synopsis of services provided, an overall goal's assessment, and a year end financial report of expenditure of City funds. 14