HomeMy WebLinkAbout05-05-2020 City Council Agenda Packet
Tuesday, May 5, 2020
San Luis Obispo Page 1
City Council/Disaster Council
Agenda
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of
the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City
of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the
convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be
holding all public meetings via teleconference. There will be no physical location for the Public to view the
meeting. Below are instructions on how to view the meeting remotely and how to leave public comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate
in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are encouraged
to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ Registration URL: https://attendee.gotowebinar.com/register/866540913566551052
➢ Webinar ID: 140-398-763
➢ Telephone Attendee: (415) 655-0060; Audio Access Code: 900-352-974
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting online at: https://www.slocity.org/channel20
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401
➢ Emails sent after 3:00 PM and up until public comment is opened on the item – Limited to
one page emailed to cityclerk@slocity.org, which will then be read aloud during the public
comment period on the item specified.
• Verbal Public Comment
➢ Received by 3:00 PM on the day of the meeting - Call (805) 781-7164; state and spell your
name, the agenda item number you are calling about and leave your comment. The verbal
comments must be limited to 3 minutes. All voicemails will be forwarded to the Council
Members and saved as Agenda Correspondence.
➢ During the meeting – Comments can be submitted up until the Public Comment period is
opened for the item when joining via the webinar (instructions above). Please contact the City
Clerk’s office at cityclerk@slocity.org to more information.
All comments submitted will be placed into the administrative record of the meeting.
6:00 PM REGULAR MEETING TELECONFERENCE
Broadcasted via Webinar
San Luis Obispo Page 2
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez and Mayor Heidi Harmon
PRESENTATIONS
1.NATIONAL NURSES DAY PROCLAMATION (HARMON – 5 MINUTES)
Recommendation:
Mayor Harmon will proclaim May 6, 2020 as “National Nurses Day.”
DISASTER COUNCIL ACTIONS
2.RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND
PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS
(JOHNSON – 15 MINUTES)
Recommendation:
Receive an update from the Emergency Services Director, Derek Johnson, and provide
COVID-19 related direction based on current status.
3.COMPREHENSIVE DISASTER LEADERSHIP PLAN ADOPTION BY THE
DISASTER COUNCIL (AGGSON / BLATTLER – 5 MINUTES)
Recommendation:
As the Disaster Council, receive and approve the Comprehensive Disaster Leadership Plan.
San Luis Obispo City Council Agenda May 5, 2020 Page 3
San Luis Obispo Page 3
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take
action on issues not on the agenda, except that members of the Council or staff may briefly
respond to statements made or questions posed by persons exercising their public testimony
rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item for
discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three-minute time limit.
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
5. MINUTES REVIEW - APRIL 21, 2020 CITY COUNCIL MEETING (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on April 21, 2020.
6. ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
(PURRINGTON / CHRISTIAN)
Recommendation:
1. As recommended by the Council Liaison Subcommittee for the Construction Board of
Appeals, confirm the re-appointment of Armando Garza, to a 4-year term, expiring
March 31, 2024; and
2. As recommended by the Council Liaison Subcommittee for the Human Relations
Commission, confirm the appointment of Megan Souza to complete an unexpired term
through March 31, 2023.
San Luis Obispo City Council Agenda May 5, 2020 Page 4
San Luis Obispo Page 4
7. CONSIDER PARTICIPATING IN THE SAN LUIS OBISPO REGION URBAN
COUNTY, OVERSEEN BY THE COUNTY OF SAN LUIS OBISPO, FOR THE 2021-
2023 COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL
ENTITLEMENT PROGRAM CYCLES (CODRON / VERESCHAGIN)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the participation in the San Luis Obispo Region Urban
County, overseen by the County of San Luis Obispo, for the 2021-2023 Community
Development Block Grant Federal Entitlement Program Cycles; and approving the
execution of a Cooperation Agreement for participation.”
8. PUBLIC SAFETY PORTABLE RADIO REPLACEMENT
(HERMANN / GUARDADO / ERQUIAGA)
Recommendation:
1. Waive formal bids and authorize use of Los Angeles County Master Agreement MA-IS-
1740313-1 for purchase of equipment from Motorola Solutions as allowed under
3.24.060 E. of the City of San Luis Obispo Municipal Code; and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, certifying Lease No. 24831 between the City of San Luis Obispo and
Motorola Solutions Inc., approving same and authorizing staff to execute and deliver the
lease on the City’s behalf,” subject to approval by the City Attorney and Finance
Director; and
3. Award a contract and enter into a three-year lease-purchase agreement with Motorola
Solutions in the amount of $653,014, split into three equal payments of $217,671.27 for
the purchase of Motorola portable radios, associated accessories and programming and
management software for Public Safety radios with payments beginning on June 1,
2021; and
4. Approve a transfer of $9,337 from the Information Technology Replacement Fund
Undesignated Capital Account to the Public Safety Radio Replacement Account to
augment available funding for the project.
San Luis Obispo City Council Agenda May 5, 2020 Page 5
San Luis Obispo Page 5
PUBLIC HEARING AND BUSINESS ITEMS
9. ADOPT ORDINANCE NO. 1680 (2020 SERIES) AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM
(IRONS / ROLTGEN – 10 MINUTES)
Recommendation:
Adopt Ordinance No. 1680 (2020 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, authorizing an amendment to the contract between the
City Council of the City of San Luis Obispo, California, and the Board of Administrati on of
the California Public Employees’ Retirement System.”
10. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.40 OF THE CITY OF
SAN LUIS OBISPO MUNICIPAL CODE REQUIRING ELECTRONIC FILING OF
CAMPAIGN DISCLOSURE DOCUMENTS AND PROVIDING FOR
ADMINISTRATIVE ENFORCEMENT OF CAMPAIGN REGULATIONS
VIOLATIONS (HERMANN / PURRINGTON – 10 MINUTES)
Recommendation
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 2 of the City of San Luis Obispo Municipal Code adding
to Section 2.40.060 – Electronic Signature and Submission of Campaign Disclosure
Documents, and amending Section 2.40.100 (Civil Actions) to provide for Administrative
Enforcement of Violations.”
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes)
Council Members report on conferences or other City activities. At this time, any Council
Member or the City Manager may ask a question for clarification, make an announcement, or
report briefly on his or her activities. In addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter, or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
San Luis Obispo City Council Agenda May 5, 2020 Page 6
San Luis Obispo Page 6
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, May 19, 2020 at 6:00 p.m., via
teleconference.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public.
Upon request, this agenda will be made available in appropriate alternative formats to persons
with disabilities. Any person with a disability who requires a modification or accommodation
in order to participate in a meeting should direct such request to the City Clerk’s Office at
(805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device
for the Deaf (805) 781-7410.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
City of San Luis Obispo, Council Memorandum
DATE:
TO:
FROM:
VIA: PREPARED BY:
SUBJECT:
RECOMMENDATION:
April 27, 2020
City Council
Derek Johnson, City Manager
Keith Aggson, Fire Chief, Fire Department KA
Comprehensive Disaster Leadership Plan Adoption
Receive and Approve the Comprehensive Disaster Leadership Plan
This memorandum provides information to the upcoming May 5, 2020 Disaster Council Meeting.
The Comprehensive Disaster Leadership Plan is an extension of the State Emergency Plan and is
written to be compliant with the National Incident Management System (NIMS) and the National
Response Framework. An Executive Summary provided at the beginning of the document
describes the Emergency Operations Plan and supporting annexes for the new plan. On Tuesday
April 21, 2020, the City Council received and approved the new San Luis Obispo City
Comprehensive Disaster Leadership Plan as the update to the City’s 2011 Emergency Operations
Plan.
The Charter of the Disaster Council identifies the need for plan approval through Disaster Council
Resolution to the staff report and attachments. Staff recommends the Disaster Council receives
and approves the 2020 SLO City Comprehensive Disaster Leadership Plan.
2.24.040 Disaster council—Powers and duties: It shall be the duty of the disaster council, and it
is empowered, to review and approve the emergency operations plan and mutual-aid plans and
agreements and such ordinances and resolutions and rules and regulations as are necessary to
implement such plans and agreements. The disaster council shall meet upon call of the emergency
services director or, in his or her absence from the city or inability to call such meeting, upon call
of the deputy emergency services director. (Prior code § 2430.2)
If you have any questions, please contact me at (805) 781-7377 or kaggson@slocity.org
Attachments:
a - SLO City Comprehensive Disaster Leadership Plan Staff Report dated April 21, 2020
b - COUNCIL READING FILE - SLO City Comprehensive Disaster Leadership Plan
Item 3
Packet Page 1
Department Name: Fire
Cost Center: 8599
For Agenda of: April 21, 2020
Placement: Business
Estimated Time: 15 Minutes
FROM: Keith Aggson, Fire Chief
Prepared By: James Blattler, Administrative Analyst
SUBJECT: APPROVAL OF THE UPDATED EMERGENCY OPERATIONS PLAN AS
THE COMPREHENSIVE DI SASTER LEADERSHIP PLAN
RECOMMENDATION
Approve the Comprehensive Disaster Leadership Plan (CDLP) as the updated 2011 Emergency
Operations Plan (EOP) (Attachment A).
DISCUSSION
The Fire Department is responsible for reviewing, maintaining, and updating the City’s adopted
Emergency Operations Plan (EOP). The EOP is a comprehensive all-hazard document that City
staff, public safety, and public service personnel can utilize as a guide while providing critical
services during a disaster or large-scale emergency. The EOP includes annex plans for specific
hazards that have been identified in the City’s Local Hazard Mitigation Plan.
The EOP does not supersede the established protocols for responding to day-to-day emergencies
such as fire service, law enforcement or other departments. Rather, it focuses on those
emergency conditions that will require additional and coordinated response beyond the ability of
any one or set of departments to respond.
The current version of the plan was adopted by City Council on June 7, 2011, with the most
recent annex revision completed in 2013. The Fire Department determined th e current EOP was
in need of a comprehensive review and update. Due to a lack of internal resources, the Fire
Department released a request for proposal seeking a qualified firm to update the City’s EOP.
After reviewing the proposals, the Fire Department selected a local contractor to complete the
scope of work who recently updated EOPs for neighboring agencies.
Work on the new plan, to be re-named the Comprehensive Disaster Leadership Plan (CDLP)
(Attachment A) began in the summer of 2019 and was finalized in March of 2020. The new plan
was designed to be simpler and more straightforward to allow for City staff to more easily
familiarize themselves with the plan during times of disaster or large-scale emergency, with the
added focus on disaster recovery and resiliency.
ATTACHMENT A Item 3
Packet Page 2
An executive summary is provided at the beginning of the document and staff recommends
references the various annexes for details rather than a comprehensive page by page review. The
CDLP, including the Hazard Specific Annexes, was developed using State Multiple Hazard
Functional Planning guidelines, the San Luis Obispo Local Hazard Mitigation Plan, the State of
California Disaster Plan, the National Disaster Recovery Framework, the National Infrastructure
Protection Plan, FEMA Continuation Guidance, and the National Response Plan. As such the
CDLP, complies with state and federal mandates. Compatibility with the San Luis Obispo
County Disaster Management Plans was designed into the CDLP.
Previous Council or Advisory Body Action
On June 7, 2011 the City Council adopted the City’s current Emergency Operations Plan which
was approved to move the City into compliance with the SEMS, the NIMS and the NRF.
Public Engagement
City Staff conducted an Open City Hall survey from July 10, 2019 through August 12, 2019 (34
days) which generated feedback from the public. In total, there were 55 comments submitted
with an equivalent of 2.8 hours of public comment (Attachment B). The feedback was reviewed
by City staff and taken into account during the writing of the CDLP.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action i n this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $N/A
State
Federal
Fees
Other:
Total $ N/A
There is no fiscal impact associated with approving the Comprehensive Disaster Leadership Plan
as the plan provides guidance to the City during times of emergencies.
ATTACHMENT A Item 3
Packet Page 3
ALTERNATIVES
Continue to utilize the existing plan. This is not recommended as the existing plan is outdated
and in need of significant revisions and updates to ensure the City can successfully prepare for,
respond to and recover from disasters in the City.
Attachments:
a - COUNCIL READING FILE - Comprehensive Disaster Leadership Plan 2020
b - Public Engagement Feedback
ATTACHMENT A Item 3
Packet Page 4
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Emergency Management Plan Feedback
August 14, 2019, 2:25 PM
Contents
i. Summary of responses 2
ii. Survey questions 4
iii. Individual responses 5
ATTACHMENT A Item 3
Packet Page 5
Summary Of Responses
As of August 14, 2019, 2:25 PM, this forum had: Topic Start
Attendees:123 July 10, 2019, 4:08 PM
Responses:55
Hours of Public Comment:2.8
QUESTION 1
What natural disasters do you believe will impact the City of San Luis Obispo?
Answered 55
Skipped 0
accident associated casualty caused chemical crisis damage disasters drought earthquake earthquakes fire fires
flash flood flooding floods gas heat human major mudslides multiple natural nuclear outage possible power prolonged related so
storm storms water wildfire wildfires wind
QUESTION 2
What human made hazards may impact the City of San Luis Obispo?
Answered 55
Skipped 0
accident active airplane buildings canyon case could crash crashes diablo disaster due emergency failure fire fires from
gas homeless human lack lines nuclear old other out people plant police power public rail riot shooter shooting support
terrorism traffic truck water
QUESTION 3
What are your expectations of the City of San Luis Obispo prior to a disaster?
Answered 55
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 6
Skipped 0
all also areas assist best citizens community create disaster disasters emergency evacuation event fire get
help how information infrastructure keep large maintain out people plan plans possible power prepared preparedness public
residents resources response some t they training up water
QUESTION 4
What are your expectations of the City of San Luis Obispo during a disaster?
Answered 55
Skipped 0
accurate agencies assist assistance citizens communication control coordination disaster do emergency etc evac
evacuation help information maintain order outside people personnel plan plans possible property provide public
quickly residents resources respond response safe safety services state timely what where who
QUESTION 5
What are your expectations of the City of San Luis Obispo after a disaster?
Answered 55
Skipped 0
agencies aid assist assistance citizens cleanup communication community disaster ensure federal flood from get
help info information keep learned need out people place plans provide public rebuild rebuilding relief residents
resources response safe services state support t up what work
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 7
Survey Questions
QUESTION 1
What natural disasters do you believe will impact the City of San Luis
Obispo?
QUESTION 2
What human made hazards may impact the City of San Luis Obispo?
QUESTION 3
What are your expectations of the City of San Luis Obispo prior to a
disaster?
QUESTION 4
What are your expectations of the City of San Luis Obispo during a
disaster?
QUESTION 5
What are your expectations of the City of San Luis Obispo after a
disaster?
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 8
Individual Responses
Name not available
July 11, 2019, 5:55 AM
Question 1
Earthquake
Question 2
Diablo Canyon..what happens if waste pooling pools crack or leak after
earthquake
Question 3
Clear evacuation routes ...should we use the grade? Go up hiway 1? That
kinda thing.
Question 4
Health and safety. Law and Order
Question 5
Guidance and support to rebuild
Name not shown
outside Neighborhoods
July 11, 2019, 6:33 AM
Question 1
Drought, Earthquake or Fire
Question 2
The power company shutting down the City infrastrucuture and water
leaving its citizens without the ability to operate their house, keep
refrigeration of food and the ability charge their EV.
Question 3
City officials need to plan a disaster lving community. A battery operated
community of Tiny Houses, Bunkhouses for emergency living quarters to
maintain the City operation, first responders living quarters. Please. seek
and review Paradise, CA troubles as a guide to measures needed for
rebuilding after a fire disaster where their are NO City services or a town
to maintain due to loss of displaced citizens
Question 4
City to enact and try to accomendate public safety measures
Question 5
City to rebuild infrastrucutre Water, Electricity and can follow the lead of
Sonoma County, Napa and Paradise for their input given their rebuilding
efforts
http://paradiserebuilds.org/
Phil Wagner
inside Neighborhood 8
July 11, 2019, 8:21 AM
Question 1
Earthquake, flooding, and wildfire.
Question 2
Accident at Diablo Canyon, water treatment plant failure, sewage
treatment plant failure, lack of infrastructure to accommodate growth,
and unintended consequences due to gorwth.
Question 3
A comprehensive Disaster Plan and periodic drills to prepare for disasters
Question 4
Dissemination of accurate information, public safety, work the plan as
best as possible.
Question 5
Ensure public safety, re-establish public services and utilities, assessment
of Disaster Plan effectiveness
Name not shown
outside Neighborhoods
July 11, 2019, 8:27 AM
Question 1
Earthquakes, wildfires,
Question 2
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 9
transportation bottlenecks, severed utilities (gas, water,
communications)
Question 3
Maintain infrastructure to withstand some hazards; have a disaster
response plan; have/get the resources to execute the plan; provide
information to the public as to what they can realistically expect from the
government in the event of a disaster.
Question 4
Provide timely and accurate information to the public; execute the
disaster response plan; reach out to County, State, Federal agencies for
assistance commensurate with level of need; provide facilities and
resources to support those affected and provide guidance to enable
affected individuals and families to become self sufficient as quickly as
possible.
Question 5
Assemble teams to evaluate what worked and what didn't work; revise the
disaster response plan based on "lessons learned"; provide information to
the public summarizing the response efforts, the cost, the lessons
learned, the revised expectations moving forward.
David Holmes
inside Neighborhood 10
July 11, 2019, 8:33 AM
Question 1
Don't know about "will" [poorly designed question?] but wildfire or
earthquake seem possible.
Question 2
Fire from power lines, gas fire from underground piping,
[Interesting that this question uses "may," while the prior one used "will."
Intentional?]
Question 3
Appropriate / cost-effective steps to mitigate loss of life and property
damage. Note that risk can never be reduced to zero and the core
question is always a risk / cost / benefit analysis.
Providing for continued effectiveness of fire, police and hospital services
during and after a disaster is a top priority.
Question 4
See above.
Question 5
See above.
Jessica Ray
inside Neighborhood 10
July 11, 2019, 9:51 AM
Question 1
Earthquakes and fires
Question 2
Students driving too fast and carelessly, and everyone else driving
obliviously (distracted and selfish/careless driving). Chemicals being
released into the environment. Potentially fires, when people are careless.
Question 3
To respond to disasters as best as they are equipped for and keeping in
mind how their response may have a long-term effect on people and the
environment. I expect that I will be notified efficiently and clearly on how
to properly respond to sudden disasters and be equipped for impending
disasters. Create/maintain apps that might be useful in preparing for or
to be notified of disaster.
Question 4
Communicate clearly and honestly, and give citizens a chance to make
decisions that may impact the city and environment long-term.
Question 5
Communicate clearly and honestly (even when mistakes or bad decisions
were made). Open town hall meetings to discuss and debrief. Rally and
organize the community to participate in cleanup and helping one
another.
Name not available
July 11, 2019, 10:00 AM
Question 1
fire, flood
Question 2
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 10
nuclear power accident, oil spill
Question 3
prepare citizens (and schools) for safest actions to be taken in case of
disaster; designate escape routes; keep streets clear of obstacles (like
obtrusive bicycle lanes on Chorro); keep debris out of creeks; set up ways
to reach and possibly transport elderly and disabled to safety. Note: I was
here in the flood of 1973 when the school district sent children home in
unsafe conditions. I saw children bicycling through flood waters on Pacific
Street.My own children were in a bus leaving Laguna Junior High that had
to cross through a flooded area on Foothill. They were badly frightened,
and still talk about it.
Question 4
fail-safe notification process for all houses when evacuations are
necessary; police presence on main arteries; designation of refuges for
people and animals; assistance to citizens who can't manage by
themselves
Question 5
I don't know.
Name not shown
inside Neighborhood 12
July 11, 2019, 11:49 AM
Question 1
Earthquake, fire, nuclear fuel leak
Question 2
Homeless waste and trash in creeks and public lands
Question 3
Have a plan in place and review/practice regularly
Question 4
Respond to immediately to personal health and safety needs. Respond to
infrastructure damage. Communicate challenges/progress.
Question 5
Follow-up communications and continued community response/support.
Name not shown
inside Neighborhood 4
July 11, 2019, 11:53 AM
Question 1
Earthquake, Nuclear Power Plant accident, Wildfire.
Question 2
Terrorism, Arson, chemical/nuclear/biological accidents.
Question 3
Monitoring, investigation, enforcement, training, education.
Question 4
Rapid response, Alerts, traffic and crowd control, professionalism,
coordination between agencies.
Question 5
Education, public announcements, cleanup.
Name not shown
inside Neighborhood 1
July 11, 2019, 1:03 PM
Question 1
Earthquake, fire
Question 2
Diablo Canyon
Question 3
Develop an evacuation plan, and inform citizens of the plan.
Question 4
Clear roads , instructions on what to do.
Question 5
Clean up and remediation
Name not available
inside Neighborhood 6
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 11
July 11, 2019, 1:19 PM
Question 1
Wildfire, wildfire, wildfire.... wildfire.
Possible earthquake.
Wildfire.
Question 2
Increased utility outages (planned and unplanned).
Violent mass casualty events (very concerned about vulnerability of
citizens at Farmers' Market and Mission Plaza events).
Hazmat accident on highway or rail.
Question 3
Learn from errors/best practices of other communities.
Ensure all City employees understand their roles as Disaster Service
Workers. Hand in hand with that is ensuring that all City employees'
families are the model of preparedness so essential staff can and will
return to work to assist in the event of a disaster.
Build a more robust Emergency Operations Center (perhaps one that isn't
immediately adjacent to the rail line...)
Question 4
Timely, accurate, reliable information.
Well-coordinated response from traditional (Fire, PD, Public Works) and
non-traditional (Parks & Rec, Community Development) staff. All hands
on deck!
Question 5
Assist with recovery effort by connecting residents and businesses with
State and Federal agencies with resources for recovery.
Name not shown
inside Neighborhood 6
July 11, 2019, 1:48 PM
Question 1
Earthquake
Question 2
Fires
Question 3
To have little or nothing of substance to address the important issues, but
they will produce a glossy report.
Question 4
To do a poor job , to fumble and fail to to the best.
Question 5
To circle their wagons, lie about anything that makes them look bad and
deny any responsibility or wrong doing.
Tim J
inside Neighborhood 6
July 11, 2019, 2:21 PM
Question 1
Natural? Earthquakes mostly. Weather extremes, but that might now fall
under man-made.
Question 2
Diablo Canyon, Rail accidents, Fascism.
Question 3
Should have food and water stored ag various locations within the city to
last at least a month for entire population. Evacuation plan for hazardous
materials/radiation event.
Monthly public trainings on how to react, including compassion training
so people don't turn into a mob. Get self-generated off-grid power
systems set up around city to at least power emergency
shelters/community buildings (Library, Veterans Hall, etc.). Create public
communication system that doesn't rely on private, for profit companies
like Verizon who will put money over emergency services.
Question 4
All city staff/trained citizen volunteers activate to check on every city
resident/building. Broadcast the truth.
Question 5
Improve upon systems that may have not functioned ideally. Find out how
other cities/unincorporated areas are faring and offer assistance if
possible.
Name not shown
inside Neighborhood 1
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 12
July 11, 2019, 2:36 PM
Question 1
Possibly an earthquake
Question 2
The Homeless epidemic, the person running around with the Police Chiefs
service weapon that she left in a bathroom at fast food restaurant.
Question 3
I have lost hope in the city’s ability to accomplish anything. Our Police
Chief can’t keep track of her weapon.
Question 4
Absolutely nothing. If you are hoping this city will be able to accomplish
anything you’ll be sadly disappointed. Make a plan for yourself and
family.
Question 5
The City manager and Mayor will say that the city preformed amazingly.
Everyone will know that’s absolutely false.
Name not available
July 11, 2019, 2:59 PM
Question 1
Earthquakes and Wildfires. Also possible, very strong winds and torrential
rains, so even flooding or mudslides.
Question 2
Above-ground power lines, gas lines, old water and sewer lines, old
crumbling bridges.
Question 3
I doubt they would be much more prepared then they were for the last
earthquake. I manage property in the downtown area, and as I recall,
there were "hot"power lines down on the street (Marsh St) in front of one
of the buildings I manage. It took forever for that to be remedied. The City
should be pro-active in under grounding all power lines, starting with
creating some safe routes out of town. There is not even one presently.
There are even power lines over the 101! How about looking up next time
you drive up Osos St/Santa Barbara? Do you see the problem? And that
street was just completely torn up to install some very large pipes, yet
nothing was done about the cris-crossing maze of over-head power lines.
With each new development, you require developers to install or bond
around proper infrastructure. Yet owners of older properties have been
able to lease and sell, realizing huge profits without any requirement to
pay their share of the cost of updating infastructure. It is time to find
some ways to get the work paid for and done! Also, wasn't that old bridge
over Marsh Street which looks as if it is coming apart at the edges
supposed to be replaced?
Here are some other suggestions: Create some organizations and
systems. Imagine there is no electricity. Ham Operator networks?
Neighborhood preparedness teams with say annual meetings? That
might help elderly and disabled in each neighborhood and facilitate quick
checks on people who might need help with getting out or getting aid.
Establish regionalized distaster "leaders" & specific types of equipment
or supplies? Knowing where to access exactly what and who in advance
could save critical time and losses. These networks could also alert
safety personnel to where the needs are most urgent.
Question 4
Little to none at present. We have a good fire department, and I have
confidence in them. But if the disaster is very big and regional, I would
expect the City to recruit State and Federal aid.
Question 5
I have noticed that after big storms they do send out tree crews to get the
trees out of the streets, and that is very helpful. Other than that about all I
would expect them to do is to assess the damage, and apply for State and
Federal aid for relief from the expenses.
Name not shown
inside Neighborhood 7
July 11, 2019, 3:26 PM
Question 1
Fire and flood, not necessarily in that order. Drought. Low probability of
earthquake.
Question 2
In case of emergency, public panic and disorder; traffic jams; looting;
homeless camps and waste; drug/marijuana and alcohol abuse, which
could variously impact first responders.
Question 3
A technically up-to-date and fully staffed EOC; fully funded police and fire
first responders; clear protocols for EOC communications with citizens;
regularly updated building and rental codes and regulations to reflect
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 13
population growth, aging construction, improved weather and earthquake
prediction; infrastructure reconstruction.
Question 4
Coordination between city, county and state agencies; transparent
communication with citizenry via media and cell phone; coordinated
deployment of city, local and state emergency services; enforcement of
public order and protection of property.
Question 5
As necessary, restore communications, order, public services; in concert
with Red Cross, Salvation Army, Food Bank, and other charitable
organizations, see to provision of food and temporary shelter, giving
priority to families.
Name not available
outside Neighborhoods
July 11, 2019, 3:37 PM
Question 1
wildfire, drought, earthquake, storm/flood
Question 2
nuclear plant discharges, potential civil unrest in the case of localized
food or water shortages.
Question 3
To analyze risks and scenarios, take measures to prepare emergency
plans for communication and logistics to assist residents and
neighborhoods adversely affected. Educate/remind the public about
what they should do pre-emergency (water storage, emergency food
supplies, go-bag, etc.)
Question 4
Maintain civil control, provide communication and logistics to assist
residents and neighborhoods adversely affected.
Question 5
Seek disaster reconstruction aid to rebuild community assets, formulate
plans to incentivize community rebuilding in sectors hardest hit, evaluate
scenario planning vs. actual disaster and improve plans and resources
based on lessons learned.
Name not shown
inside Neighborhood 8
July 11, 2019, 3:56 PM
Question 1
Wildfire, earthquake
Question 2
PGE line failure causing fires
Question 3
Hold utilities accountable for maintenance BEFORE something happens.
Question 4
Assist with orderly evacuation, keeping citizens safe then keeping our
homes safe.
Question 5
Keep citizens safe
Prevent looting if citizens have to evacuate
Name not available
July 12, 2019, 1:19 PM
Question 1
Earthquake
Question 2
Diablo Canyon
Question 3
To have emergency plans in place for multiple foreseeable disasters and a
quick and efficient way to get that information to the public. Also disaster
plan info with visuals distributed to the public before disaster strikes.
Question 4
To not only implement plans to protect as many people as possible but
have outside help lined up for different types of emergencies incase our
responders are not sufficient.
Question 5
I would hope we have some sort of plan for cleanup and rebuilding in
place.
10 | www.opentownhall.com/7675 Created with OpenGov | August 14, 2019, 2:25 PM
Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 14
Name not available
July 12, 2019, 6:30 PM
Question 1
Earthquake, fire
Question 2
Possibility of eliminating city support of fire/police dispatch center.
Question 3
Maintain fire/police personnel including dedicated, city supported
dispatch center.
Question 4
Respond in a timely manner to emergencies.
Question 5
Have seasoned, competent fire and police personnel.
Name not available
July 12, 2019, 6:47 PM
Question 1
Earthquake, Human caused multiple casualty crisis, Nuclear accident,
chemical accident, Flood, Storm
Question 2
Terrorist , or other active shooter or riot.
Question 3
Create the ability to maintain or restore order and assist victims as
possible.
Question 4
To restore and/or maintain order and assist victims as possibleTo
Question 5
To work on restoring the town to the wonderful place it is.
Name not shown
inside Neighborhood 5
July 12, 2019, 6:47 PM
Question 1
Earthquake, Human caused multiple casualty crisis, Nuclear accident,
chemical accident, Flood, Storm
Question 2
Terrorist , or other active shooter or riot.
Question 3
Create the ability to maintain or restore order and assist victims as
possible.
Question 4
To restore and/or maintain order and assist victims as possibleTo
Question 5
To work on restoring the town to the wonderful place it is.
Name not shown
inside Neighborhood 12
July 13, 2019, 11:36 AM
Question 1
Wildfire
Question 2
wildfire
Question 3
Reduce fire load in hills surrounding city
Question 4
clear useful information available easily
Question 5
Affected people given appropriate info.
Mike Bettencourt
inside Neighborhood 12
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 15
July 13, 2019, 5:38 PM
Question 1
Earthquakes, Major brush fires, Flooding during a major storm, Major gas
leaks.
Question 2
Any type of terror attacks, whether it be by a person with a gun or a bomb.
Question 3
Knowing that the city can be prepared in the best possible way for any
disaster and use all city resources to be ready as best they can.
Question 4
Knowing that the city can handle the disaster and don't be worried about
calling outside help to maintain or control the disaster.
Question 5
T keep intouch with people that are affected by the disaster and help in
any way they can.
Name not available
July 15, 2019, 3:45 PM
Question 1
I believe the most likely natural disasters that we will face include fires
and earthquakes.
Question 2
Certainly, a catastrophic fire seems the most likely human made disaster.
Question 3
First, I would like the City to partner with the citizens of SLO prior to
finalizing a new plan. Second, we need to educate residents about their
personal responsibility to be prepared for a natural disaster. Lastly, it
would be valuable to involve school PTAs, churches and community
organizations to help carry the message of preparedness.
Question 4
City emergency personnel along with agency partners must move quickly
to implement actions necessary to provide relief and rescue services to
the public.
Question 5
First aid, search and rescue, sheltering those in need, daily
communication in order to keep citizens informed
Name not shown
inside Neighborhood 9
July 15, 2019, 5:04 PM
Question 1
Fire
Earthquake
Flood
Heat
Question 2
Multiple vehicle accident
Fire
Power outage
Gas or waterline break
Hazardous material
Crime wave
Nuclear
Terrorism (including cyber)
Riot
Medical emergency (e.g. pandemic flu)
Question 3
Have a detailed plan for potential disasters.
Provide training and drills for all City employees.
Stockpile some critical emergency supplies and equipment.
Provide outreach training and guidelines for the community. Especially
focus outreach on large stakeholders (e.g. Cal Poly, schools, mobile home
parks, HOAs, etc.).
Question 4
Coordinate the response.
Provide ongoing communications with stakeholders and the general
public.
Question 5
Evaluate the situation and determine critical needs and priorities.
Reach out to the government and others for help.
Distribute and facilitate aide.
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 16
Ensure that there is help with paperwork.
Cut red tape to expedite the response.
Name not shown
inside Neighborhood 1
July 15, 2019, 7:45 PM
Question 1
Fire earthquake nuclearincident
Question 2
Fire
Question 3
Solid evacuation and sheltering plans informed to the residents
Question 4
Honest timely info to public
Question 5
Prompt application for state and federal assistance. Current info to
population re resources and aid available.
Name not available
July 16, 2019, 1:18 PM
Question 1
earthquake
earthquake with Diablo implications
Question 2
Pollution - impact of old infrastructure and needed updates
Question 3
letting people know where and how to get information in an emergency
help with shelter/emergency response help as needed
communicating with the community often and with information/updates,
not just instructions
find a way to organize community efforts so donations/help is centralized
- utilize social media and get out in front of issues/help
Question 4
be a community leader,/show care and leadership, even if outside of city
limits
Question 5
Continue to be the hub of information for people living here, looking for
people locally or those looking for info outside of the area, that can't get
here in an emergency.
know how to convene leaders, emergency workers, and volunteers to help
the most people without duplication or wasted time/resources
Name not available
July 17, 2019, 5:58 AM
Question 1
Any chaos, we will be so stuck on the roads to leave.
Question 2
The lack of lanes to travel outta here. Traffic will kill us . The homeless
used the city for the last time as their toilet
Question 3
Better infrastructure would help, put the homeless on Prado , just keep
picking them up and relocating them back there. All of them. Not allowed
to loiter downtown!!!!!
Question 4
Not much can be done when you can’t evacuate
Question 5
Learn the hard way.
Name not shown
inside Neighborhood 6
July 22, 2019, 11:37 AM
Question 1
Earthquake & Fire
Question 2
Anhydrous ammonia tank failure (near airport) and Nuclear plant
malfunction (less concerning, personally)
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 17
Question 3
Enforcement of codes and inspection of critical infrastructure. Education
of all likely risks.
Question 4
Shelter, food and water for those displaced. Unyielding firefighting policy.
Accountability where failures exist.
Question 5
Repair the incredible community that we have and learn from mistakes to
ensure it won't happen again. Encourage innovation in preventing future
events.
Name not available
July 24, 2019, 6:32 AM
Question 1
Earthquake, wildfire, flash flooding after fires
Question 2
PGE imposed rolling blackouts, chaos due to lack of infrastructure,
support, public knowledge and resources. brush fires by transients and
careless citizens. trash and refuse piling up, traffic chaos due to lack of
police officers (lack of funding and support of our police, money going to
the wrong people)
Question 3
attempt to educate the public, help those who choose to prepare, have a
solid plan of action in place with contingencies for worst case scenarios.
Question 4
Maintain order, help those who need help, be organized, provide
information as quickly as it becomes available.
Question 5
rebuild if necessary, learn from mistakes and successes. give
praise/recognition to the staff who kept everything going and the
sacrifices of the people who are most often forgotten about.
Name not available
July 26, 2019, 12:17 AM
Question 1
drought
Question 2
terrorism
Question 3
none
Question 4
none
Question 5
none
Name not available
July 30, 2019, 8:30 AM
Question 1
Fire, Earthquake
Question 2
Blackout, nuclear attack (unlikely but based on our proximity to
Vandenberg AFB there could be side effects)
Question 3
That in general there are contingencies for most disasters, no matter how
unlikely they seem and that we are prepared to be moderately self
sufficient (during a large event commonly used external resources may
be expended elsewhere)
Question 4
I expect that emergency services are prepared to keep public order
(prevent looting and violence spurred by fear)
Question 5
I would expect that the City put together a post-disaster report which
summarizes and puts to rest facts the event. This report should include a
easy to digest summary, a long and technical portion as well as interviews
and testimony from citizens.
Name not available
inside Neighborhood 10
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 18
July 31, 2019, 2:18 PM
Question 1
--fire
--earthquake
--flooding
Question 2
--road capacity--I know we are all trying our best, but some of the roads in
SLO are overcrowded and hazardous even outside of rush hour traffic.
(for example, a left turn onto broad from those side residential streets--I
often will cut through parking lots in the back of neighboring housing
complexes and add more time to my commute just to avoid getting t-
boned trying to cross oncoming traffic). I can't imagine how that would
play out in an emergency situation.
Question 3
--adequate road plans/maps for evacuations, should it come to it.
Question 4
--clear/ample communication, as many provisions as possible (food,
water, shelter, etc.), public service personnel staffed during an event to
route people into a plan of action/evacuation.
Question 5
--all of the previous, plus relief programs for rebuilding, support for
businesses, etc.
Name not shown
inside Neighborhood 1
August 2, 2019, 12:59 PM
Question 1
Fire, excessive rain, possible earthquake.
Question 2
Deablo (but I do not see this as a hazard I worry about), excessive brush
not cleared.
Question 3
preparation to mitigate the above risks. ie city plan, resident information,
training, requirements and guidelines.
Question 4
good information flow, strong support.
Question 5
good information flow and ongoing support and cleanup
Name not available
August 4, 2019, 9:16 PM
Question 1
Earthquakes
Question 2
Fires
Question 3
Early as possible notification!
Question 4
Assistance with homebound people
Question 5
Monitoring of air & water quality
Name not shown
outside Neighborhoods
August 6, 2019, 1:51 PM
Question 1
fire, flood
Question 2
active shootings, terrorism, nuclear disaster
Question 3
good communication on things we can control
Question 4
good communication on where to find resources and what to do.
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Emergency Management Plan Feedback
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ATTACHMENT A Item 3
Packet Page 19
Question 5
communication on what to do
Name not available
inside Neighborhood 2
August 6, 2019, 2:14 PM
Question 1
Earthquake
Question 2
Fire
Question 3
To be prepared for all kinds of disasters
Question 4
To act calm, sensibly, fast and according to their training in the event of
disaster
Question 5
To continue providing support to all victims and continue with further
education and training, as needed, and as discovered (learned) while
handling disaster care.
Name not available
August 6, 2019, 2:18 PM
Question 1
Earthquakes
Question 2
Escape routes, panic
Question 3
Training, especially with other departments, agencies
Question 4
Respond quickly, communicate
Question 5
Communication.
Name not available
August 6, 2019, 2:26 PM
Question 1
earthquakes, wild fires, flooding, landslides tsunami an awakening
volcano meteor
Question 2
any thing could be a hazard depending on the circumstances. ie airplane
crashes into chemical plant. airplane takes out power pole. ag worker
takes down city power while handling irrigation equipment. railroad
crossings. tall trucks under low overpasses. dysfunctional traffic lights in
huge intersections. traffic jams in general. if there is a disaster be it
human or natural there are only two ways out of this county and the
traffic would make it prohibitive to try.
Question 3
continuous risk management, updating of tech for monitoring and
response, updating of equipment and training of first responders . the
city is growing and the needs are changing. . keep checking for the
expanding development of earthquake advance warning systems. it pays
for humans to be prepared for disasters. pg&e has sent out prep lists.
but the city has certain zoning rules that inhibit being able to be a prepper
for a disaster. this may be an area to check into. ie generators,
alternative living quarters such as campers on the property, water
storage units. etc.
Question 4
coordination of responding agencies. local state and fed and ngo
Question 5
follow up on what succeeded and what failed to help. i would expect of
the population though, confusion panic and chaos. thus the agencies
need to be prepared for that also. not all people are hooked into a mobile
communication device..
Name not available
inside Neighborhood 7
August 7, 2019, 9:55 AM
Question 1
Earthquake, flooding and fire.
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 20
Question 2
Debris in creeks
Question 3
Clean up fire hazard and stream blocking debris in public areas and
creeks.
Question 4
Information
Question 5
Information
Name not available
August 7, 2019, 10:07 AM
Question 1
Wildfires, power outage, Earthquake, flooding dt
Question 2
Unreinforced buildings, buildings, homes not up to code to withstand
earthquakes; homes built close to open spaces, people living in
creek/other natural areas causing fires.
Question 3
Keep open spaces clear of illegal campers and debris that can contribute
to fires and/or clog creeks; have resources and emergency evacuations
areas for evacuees - complete with appropriate resources, water, food,
bedding or ways to get those
Question 4
Quick and aggressive evac notifications, quick response for medical
needs, cohesive plan on what the city will provide and what citizens can
do to prepare, where evac centers are located, provide clear evac plans
and routes/alternative routes.
Question 5
Assist wit clean up, coordinate emergency services like providing an easy
access place for residents to be a to meet with red cross, female, local
relief agencies/resources; provide transitional help/temp housing for
those that haven't been able to return home ie keep evac center open.
Debrief citizens on how things went, impacts, services provided, plans for
improvement for future disasters. Provide clear info on budget impacts
and plans to recoup/recover and ensure proper funding going forward.
Name not available
August 7, 2019, 10:46 AM
Question 1
Fire, earthquake, possible flooding/weather-related disasters
Question 2
Airplane crash, train crash, vehicle crashes, nuclear disaster, shooting
Question 3
To have completed a thorough risk management analysis (of which this
survey is a component), determine possible scope of various disasters,
plan for ways to mitigate the hazards, and plan for emergency services if
the disasters occur
Question 4
To take a lead role in the protection of life and property; communication
Question 5
Same as above.
Name not available
August 7, 2019, 11:15 AM
Question 1
Fires & Earthquakes
Question 2
Increased homeless population and the trash/drugs that come along with
that.
Question 3
Work towards things that will help reduce large fires such as more
controlled burns.
Question 4
Great communication and continued updates. This could be through
social media, mobile apps, text alerts, etc.
Question 5
Work towards solutions to improve the negatives that arise from the
disaster and properly communicate this to the community.
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 21
Name not available
August 7, 2019, 11:30 AM
Question 1
Earthquake, fires, floods, windstorm, epidemic
Question 2
Transport (rail and truck) hazmat, mass shootings, aircraft crash,
terrorism. The downtown Famers Market is extremely vulnerable to a
truck attack (as per Nice, France in 2016); said vulnerability would be
greatly (and inexpensively) mitigated by simply parking a city truck
across Higuera at Osos. Similar barriers at other intersections and
access points would be good too, but the Higuera/Osos intersection is by
far the most critical vulnerability. Do this now.
Question 3
I'd like to see more emphasis on public education and preparedness, also
realistic TTX and CPX exercises of command level staff. Informational
workshops on risks and response issues should be developed for the
community at large and also city leadership and management level staff.
I don't believe there's been an EOC activation or "no-notice" drill of same
in many years.
Question 4
Responsive command and control of SLO City resources and emergent
community elements. Timely and appropriate strategic communications
with city residents (who speaks for the city? Who's the "lead" PIO and
what team supports them?). Accurate situation assessment reports to
Regional and State mutual aid systems and effective coordination of
responses from out of area resources.
Question 5
Rapid restoration of essential services. Assertive representation and
assistance with state and federal aid programs to the affected portions of
the community. SLO City should have an accurate and efficient system
for tracking reimbursable response costs. Good communications with
the city residents and businesses on relief and restoration programs and
progress.
Name not available
inside Neighborhood 6
August 7, 2019, 12:06 PM
Question 1
Wildfires, earthquakes
Question 2
Active shooters, nuclear release
Question 3
Provide best evacuation routes, advertise evacuation centers (within the
city, nearby cities, and the broader county)
Question 4
Provide prompt communication about changing threats, utilizing text and
other communication.
Question 5
Provide safe access to homes, and restore power, water, gas, in a timely
manner.
Name not available
August 7, 2019, 12:31 PM
Question 1
Fire, Flooding, Gas Explosions
Question 2
Construction
Question 3
Communication and guidance.
Question 4
Disaster management and responsiveness.
Question 5
Disaster management and responsiveness.
Name not available
August 7, 2019, 12:58 PM
Question 1
Earthquake, Fire, Power Outage
Question 2
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 22
Industrial Explosion, Chemical Release, Contagious Disease
Question 3
Have a robust action plan, materials needed to contain the even,
personnel to assist the public
Question 4
Have a robust action plan, materials needed to contain the even,
personnel to assist the public
Question 5
Relief, area with FEMA and agencies to assist rebuild
Name not available
August 7, 2019, 2:32 PM
Question 1
Flood
Earthquake
Storms
Wildland Fire
Question 2
Diablo Canyon
HazMat incident
power outage
active shooter
Question 3
tell us what their plan is for response
have the equipment and supplies necessary to shelter people
Question 4
to respond quickly bring us back to normal
Question 5
help us get the monies to recover properly
Name not available
August 7, 2019, 3:04 PM
Question 1
Earthquakes and Wildfires mainly.
Question 2
Fires and the accelerated effects of climate change due to fossil fuel
burning.
Question 3
Prevention and community education to include emergency
preparedness and expanded CERT training / coordination within higher
density areas of the county. Evacuation plan if appropriate / needed.
Possible alert systems via TEXT / Media and possibly in-place siren
system.
Question 4
Communication and direction to the citizens as best as possible.
Contingency plans that are in-place for schools, hospitals and
government that can be somewhat transferable to the private sector.
Question 5
Too attend to the fallout as best as possible while keeping certain
functions of Gov.'t running while tending to saving lives and property.
Hospitals will need contingency plans and potential triage areas defined.
That is why CERT is so important. Services will be stretched thin and
people will need to be somewhat self-sufficient for a period of time
depending on the extent of the disaster.
Name not available
inside Neighborhood 3
August 9, 2019, 7:45 AM
Question 1
Earthquake, severe heat, flooding, fire.
Question 2
Shooting in public places. In case of emergency, people getting trapped
on the roads from traffic because they can't get out of town. Right of ways
need to be improved to allow easy exit.
Question 3
Increased understanding of potential disasters (likelihood of fire in certain
areas, most likely failed buildings during earthquake, flooding areas
relative to San Luis Creek and overtopping of stormwater system). In the
case of a disaster, responders will be able to go right to where the help is
needed most and direct individuals to safety or help.
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Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 23
Question 4
Executing evacuation plans based on the fulfilled expectations stated
above. In the case of a disaster, responders will be able to go right to
where the help is needed most and direct individuals to safety or help.
Question 5
Providing medical assistance and a safe place for shelter.
Name not available
inside Neighborhood 10
August 9, 2019, 8:22 AM
Question 1
fire, flood, earthquake
Question 2
fire, accident at Diablo
Question 3
preparedness information, predetermined exit routes out of the City,
predetermined shelter locations
Question 4
information, assistance with elderly and infirmed, effort at protecting
property if that's reasonable based on the disaster
Question 5
information, guidance to resources, effort at protecting property if that's
reasonable
Name not available
outside Neighborhoods
August 9, 2019, 3:37 PM
Question 1
Fire, earthquake, mudslides, water depletion.
Question 2
Nuclear, mass shooting.
Question 3
Clear plan of action.
Question 4
Provide resources for getting basic necessities and care.
Question 5
Clear and easily accessible communication about next steps and
resources available.
Allan Cooper
inside Neighborhood 5
August 10, 2019, 12:01 PM
Question 1
Flash floods in the Downtown Core, hillside related mudslides, wildfires
encroaching on SLO's city limits, earthquake damage and associated
problems with evacuation, prolonged periods of smoke inhalation
associated with nearby wildfires, prolonged drought resulting in water
rationing, heat strokes caused by prolonged heat waves, wind damage
associated with increasing severity of storms and storm/wind related
power outages.
Question 2
Nuclear fallout from the Diablo power plant (perhaps resulting from
severe seismic activity), domestic terrorism, human caused power
outages, railroad- or truck-related toxic spills, bridge failures, sewage
spills, vector-borne diseases, plane or helicopter crashes in urban areas,
explosions resulting from gas leaks, water pollution (lead, mercury, etc.),
fires caused by arsonists and war.
Question 3
Evacuation could be a problem since we have a limited number of roads
leading into and out of the City. Evacuation should be part of our disaster
preparedness plans. The City should prevent urbanization from taking
place in flood plains, under flight paths, adjacent to wildlands that are
prone to wildfires or on unstable slopes. In order to facilitate evacuation,
the City should cap its building heights to 3-4 stories. The City should
assure that residents have easy access to cars (as opposed to the current
policy of limiting parking for cars) or some form of public transportation.
The City should encourage residents to go off the grid (and/or have
backup generators) in the event of major power outages. The City should
encourage residents to stockpile food and water in the event of
emergencies.
Question 4
Obviously recue operations should take place. Advisories should be
20 | www.opentownhall.com/7675 Created with OpenGov | August 14, 2019, 2:25 PM
Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
Packet Page 24
broadcast. Calls for assistance from the State and Federal Government.
Safe havens (gyms, basements, etc.) should be provided for displaced
residents and visitors. Executive orders should be made declaring a state
of emergency. Both lanes of roads should be redirected to maximize
evacuation.
Question 5
Work with FEMA to provide remuneration for losses. Get assistance from
the National Guard for flood or wildfire related clean up. Reassess
reurbanization of lands within flood plains, adjacent to wildlands, along
fault lines, etc. Relocation of displaced residents. Stricter ordinances
pertaining to disaster preparedness (i.e., raising the minimum height of
buildings above 100 year flood plains, increasing the mandatory use of
fire retardent building materials, mandatory air filtration/purification
systems installed in new buildings, etc.).
Name not available
August 11, 2019, 11:31 PM
Question 1
Flood and earthquake.
Question 2
Increased building and the height of buildings in the downtown will make
it more difficult to evacuate. What kind of transportation is in place to
evacuate the city. All of the vehicles have been pushed out of the city.
Question 3
City should have a plan for transportation out of the downtown core to
facility evacuation. It appears that the creeks in the city have been
neglected and not cleaned and cut back to allow for water to flow in the
high flood area.
Question 4
Plan to be able to evacuate the city during a flood warning. A plan for an
earthquake.
Question 5
Provide medical and disaster relief to assist people in being safely housed
if out of their homes. If able to return to their homes what is needed to
make the infrastructure safe enough for residents to return.
21 | www.opentownhall.com/7675 Created with OpenGov | August 14, 2019, 2:25 PM
Emergency Management Plan Feedback
What priorities do you want the City to focus on in their updated Emergency Management Plan?
ATTACHMENT A Item 3
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Item 3
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Tuesday April 21, 2020
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, April 21,
2020 at 6:01 p.m. by Mayor Harmon, with all Council Members teleconferencing.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez, and Mayor Heidi Harmon.
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call.
PRESENTATIONS
1. SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION
Mayor Harmon presented a Proclamation declaring April to be “Sexual Assault Awareness
Month” to RISE.
2. ECONOMIC RECOVERY AND RESILIENCY PROJECT PLAN PRESENTATION
City Manager Derek Johnson and Assistant City Manager Shelly Stanwyck presented a
PowerPoint on the Economic Recovery and Resiliency Project Plan.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 3 thru 7.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
Item 5
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San Luis Obispo City Council Minutes of April 21, 2020 Page 2
4. MINUTES REVIEW – APRIL 7, 2020 CITY COUNCIL MEETING
CARRIED 5-0, to approve the minutes of the City Council meeting held on April 7, 2020.
5. AUTHORIZATION TO ADVERTISE ON-CALL SERVICES REQUEST FOR
QUALIFICATIONS – STRUCTURAL ENGINEERING DESIGN SERVICES
CARRIED 5-0, to:
1. Approve the Request for Qualifications (RFQ) to provide Structural Engineering Design
Services, Specification No. 5009.2020.SE; and
2. Authorize the City Manager to execute agreements with selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant service contracts not-to-exceed the authorized project budget; and
4. Authorize the City Engineer to amend or extend the agreement for services in accordance
with its terms and within the available annual budget.
6. AGREEMENT WITH ASCENT ENVIRONMENTAL TO PREPARE THE
COMPREHENSIVE HAZARD AND VULNERABILITY ASSESSMENTS AND
ADAPTATION STRATEGIES FOR THE GENERAL PLAN SAFETY ELEMENT
(RESILIENT SAN LUIS OBISPO)
CARRIED 5-0, to authorize the Community Development Director to enter into an agreement
with Ascent Environmental in the amount of $287,500 to prepare the comprehensive hazard
and vulnerability assessments and adaptation strategies for the General Plan Safety Element
update funded through the Caltrans Climate Change Adaptation Grant, “Resilient SLO.”
7. RECEIVE AND FILE THE 2020 AFFORDABLE HOUSING NEXUS STUDY
CARRIED 5-0, to receive and file the 2020 Affordable Housing Nexus Study, which
completes a significant Housing Major City Goal task.
RECESS
Council recessed at 7:10 p.m. and reconvened at 7:22 p.m., with all Council Members present.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
8. INITIATION OF A PROJECT TO REZONE A PROPERTY FROM BP -SP TO C-S-
SP TO ALLOW FOR A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF
280 RESIDENTIAL UNITS AND 15,000 SQUARE FEET OF COMMERCIAL SPACE
AND AUTHORIZATION OF A REQUEST FOR PROPOSALS FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
Council Members Pease noted her Ex Parte Communication with Steve Pack, Applicant’s
Representative regarding the project. Council Member Christianson, Council Member
Stewart, Vice Mayor Gomez, and Mayor Harmon reported having no Ex Parte
Communications.
Community Development Director Michael Codron and Associate Planner Kyle Bell provided
an in-depth staff report and responded to Council questions.
Item 5
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San Luis Obispo City Council Minutes of April 21, 2020 Page 3
Public Comments:
Stephen Peck
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Proceed the processing of the Project through the entitlement process; and
2. Authorize the issuance of a Request for Proposals (RFP) for the preparation of an
Environmental Impact Report (EIR) for the Project and related entitlements; and
3. Authorize the City Manager to enter into a consultant services agreement with the
consultant that best responds to the RFP in terms of qualifications, cost, and approach, that
is funded (consultant and staff costs) solely by the Applicant.
With the added direction to include requested changes by the Applicant, staff to work toward
a Development Agreement or other enforceable mechanism, with the applicant to accomplish
the infrastructure scope, the locals preference and other areas as determined by staff and to
include early feedback from the Active Transportation Committee and Planning Commission
for the conceptual review and scoping.
9. APPROVAL OF THE UPDATED EMERGENCY OPERATIONS PLAN AS THE
COMPREHENSIVE DISASTER LEADERSHIP PLAN
Fire Chief Keith Aggson and Management Analyst James Blattler provided an in-depth staff
report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to approve the Comprehensive Disaster
Leadership Plan (CDLP) as the updated 2011 Emergency Operations Plan (EOP).
10. 2020 LEGISLATIVE PLATFORM
City Attorney Christine Dietrick provided an in-depth staff report and responded to Council
questions.
Public Comments:
None
---End of Public Comment---
Item 5
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San Luis Obispo City Council Minutes of April 21, 2020 Page 4
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR GOMEZ, CARRIED 5-0 to:
1. Adopt Resolution No. 11112 (2020 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, establishing the City Legislative Action
Platform for 2020 and appointing the council member and staff person to act as liaison
between the City of San Luis Obispo and the League of California Cities;” and
2. Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative
liaisons between the League of California Cities and the City of San Luis Obispo.
With changes proposed during the meeting.
11. DISCUSS AND PROVIDE DIRECTION REGARDING PROCLAIMING THE
CONTINUED EXISTENCE OF A LOCAL EMERGENCY REGARDING COVID-19
PANDEMIC
City Manager Derek Johnson provided an in-depth staff report and responded to Council
questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 11113 (2020 Series)
entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, proclaiming the continuing existence of a local emergency regarding the COVID-
19 Pandemic.
ADJOURNMENT
The meeting was adjourned at 9:10 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, May 5, 2020 at 6:00 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
Item 5
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Department Name: Administration
Cost Center: 1021
For Agenda of: May 5, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
Kevin Christian, Deputy City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
RECOMMENDATION
Confirm appointments, as recommended by the Council Liaison Subcommittees, for the
Construction Board of Appeals (CBA) and the Human Relations Commission (HRC).
DISCUSSION
Recruitment for unfilled vacancies has continued for the CBA following the annual recruitment
cycle. Additionally, the resignation of Bill Crewe, effective April 3, 2020, has created an
unscheduled vacancy on the HRC.
Annual appointments to the various City Advisory Body Committees were made at the March
17, 2020 City Council meeting. The process for those appointments included recruitment by the
City Clerk’s office, interviews and recommendations by the various Council sub -committees,
and final confirmation of recommendations by the full Council. Applications of candidates not
selected for appointment are held for one year per the Advisory Body Handbook, for use in
appointments for unscheduled vacancies.
Construction Board of Appeal:
Due to an unavoidable delay, the application for a seated member of the CBA was not received
in time for consideration at the March 17, 2020 City Council meeting when the annual
recruitment cycle recommendations were considered. Based on review of his application and the
original decision to appoint him to an unscheduled vacancy in 2018, the Council Liaison
Subcommittee recommends the re-appointment of Amando Garza, to a 4-year term, expiring
March 31, 2024.
Human Relations Commission:
Based on application information and interview performance during the annual recruitment
period, the Council Liaison Subcommittee recommends the appointment of Megan Souza,
effective immediately, to the remainder of the vacated term, expiring March 31, 2023.
Item 6
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Policy Context
The Advisory Body Handbook, last adopted by City Council in February 2018, outlines the
recruitment procedures, membership requirements, and term limits. Also contained in the
Advisory Body Handbook are the bylaws for all advisory bodies, some of which include
additional membership requirements. Additionally, the City Council Policies and Procedures
Manual, last adopted in August 2019, describes the “Appointment Procedure” and “Process” for
Advisory Body appointments. Recruitment and appointment recommendations were performed
in conformance with all recruitment procedures, processes, and bylaws found in these resources.
Public Engagement
Recruitment for the Construction Board Appeals has been open continuously since the annual
recruitment cycle began in November 2019, was advertised in print media, posted on the City
website and social media, and has been listed and noticed as required by the “Maddy Act” (GC
54972, Local Appointments List). Notices that the City was accepting applications for the
Human Relations Commission were placed on the City Website and in the public kiosk outside
City Hall per the “Maddy Act” (GC 54972, Local Appointments List).
CONCURRENCE
The Council Liaison Subcommittees concur with the recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended actions in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: FY 2019-20
Funding Identified: N/A
Fiscal Analysis:
(Chart must be included in every report with a Fiscal Impact.)
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no additional impact for appointment of Advisory Body members.
Item 6
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ALTERNATIVES
Council could recommend changes to the recommended appointment s or direct staff to re-
open recruitment for additional candidates. This is not recommended as recruitment for the
CBA has resulted in few candidates, and the HRC is currently in the process of reviewing their
Grants-in-Aid program applications.
AVAILABLE FOR REVIEW
All applications are available for public review, by request, in the Office of the City Clerk, which
can be reached at (805) 781-7100 or cityclerk@slocity.org during normal business hours.
Item 6
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Item 6
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Department Name: Community Development
Cost Center: 4007
For Agenda of: May 5, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Housing Coordinator
SUBJECT: CONSIDER PARTICIPATING IN THE SAN LUIS OBISPO REGION URBAN
COUNTY, OVERSEEN BY THE COUNTY OF SAN LUIS OBISPO, FOR THE
2021-2023 COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL
ENTITLEMENT PROGRAM CYCLES
RECOMMENDATION
Adopt a Resolution (Attachment A) authorizing (1) the participation of the City in the San Luis
Obispo Region Urban County overseen by the County of San Luis Obispo for the 2021-2023
Community Development Block Grant (CDBG) Federal Entitlement program cycles; and (2) the
execution of a Cooperation Agreement for participating in the San Luis Obispo Region Urban
County.
DISCUSSION
Background
The U.S. Department of Housing and Urban Development (HUD) has notified all eligible
jurisdictions about qualifying or re-qualifying as urban entitlement counties for Community
Development Block Grant (CDBG) funding for fiscal years 2021, 2022, and 2023. The cities of
Arroyo Grande, Atascadero, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo, and the
unincorporated County have been participating in the San Luis Obispo Urban County since 2015.
The County recently informed all cities in the County of their option to join or rejoin the Urban
County for the upcoming program years (Attachment B).
In 1993 the cities of San Luis Obispo, Atascadero and Paso Robles were designated by the
federal government as Metropolitan Statistical Areas and eligible to receive federal grant
funding. Starting in 1994 and under the leadership of City and County staff, several cities joined
the County of San Luis Obispo to form an “Urban County”, thereby maximizing grant funds
available to the County as a whole and allowing the unincorporated County and participating
cities to be designated by HUD as “entitlement” jurisdictions. This action resulted in the Urban
County receiving about $9 million in CDBG funding between 2015 and 2019. Of that, the City
of San Luis Obispo received approximately $2.4 million, or 26 percent of total Urban County
funding. Of that $2.4 million, the City has allocated about $1.4 million or 58 percent to new
deed-restricted affordable housing projects.
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To continue participating in the Urban County, the legislative body of the jurisdiction must adopt
a resolution approving the execution of a “Cooperation Agreement” which sets out the terms and
requirements of participation (Attachment C). The term of the Agreement is for a period of three
CDBG program years commencing July 1, 2021 and ending on June 30, 2024. This Agreement
provides for automatic renewal of participation in successive three -year qualification periods,
unless the City provides written notice at least 60 days prior to the end of the term that it elects
not to participate in a new qualification period.
Historical City Participation in the San Luis Obispo Region Urban County
Under the current Cooperation Agreement. the CDBG program has been well managed and the
Urban County partnership has been mutually beneficial. As long as the City Council’s funding
allocations meet federal grant rules, the Cooperation Agreement requires the County to “pass
through” the funds as directed by Council. In essence, the City has the flexibility of allocating its
CDBG funds independently, with the County assuming the primary responsibility for
administering the overall program and meeting HUD rules.
The County provides administrative support to the City’s program. County staff is the liaison
with HUD and responsible for: (1) Preparing and adopting the five year Consolidated Plan; (2)
Annual Action Plans; (3) Community Participation Plan; (4) Fair Housing Plan; (5)
Administering fund disbursements using HUD’s computer program; (6) Preparing and adopting
National Environmental Policy Act (NEPA) environmental documents; and (7) Reporting,
auditing and monitoring sub-recipients. All of these tasks are required by CDBG regulations and
benefit Urban County participants.
Staff Analysis for Participation in San Luis Obispo Region Urban County for 2021-2023
Participation in the 2021-23 Cooperation Agreement with the County has been mutually
successful for both City and County. The movement of administrative and monitoring duties to
the County has freed up staff time dedicated to CDBG program administration to work on other
high priority City projects, including Housing Major City Goal tasks, Housing Element
implementation, expansion of the Inclusionary Housing Program, and initiatives addressing
homelessness issues.
Administrative Funding Revision Proposed by County in Cooperation Agreement
County of San Luis Obispo housing staff proposed only one minor revision in the Cooperation
Agreement language for these 2021-23 funding years. The substantive revision would require all
the participating jurisdictions to seek reimbursement of administrative costs associated with
CDBG programs by the end of each fiscal year, as required by HUD. The County would then
utilize any unclaimed administrative funds to offset the cost of administering the Urban County.
The City has historically drawn down administrative funds by each fiscal year, thus this
additional requirement is not anticipated to be burdensome. Other than this minor revision and
updated dates, the Cooperation Agreement for this 2021-23 Cycle has no other changes from the
Cooperation Agreement executed for this current 2018-20 Cycle.
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Policy Context and Alignment with COVID-19 Orders and Fiscal Health Contingency Plan
The recommendation to participate in the 2021-23 Urban County for the CDBG program
supports 2019-21 Housing Major City Goal Task 15 that states, “Manage and prioritize grant
funding (i.e. CDBG, GIA, AHF) for housing production available for extremely-low, very-low,
low, and moderate income households.” The recommendation is also consistent with various
themes discussed in the current Housing Element.
This step to consider participation in the Urban County is a key milestone in the Federally
mandated timeline to solidify an urban county, which is presently allowed under the State and
Local emergency orders associated with COVID-19. If the City does not respond to the
County’s Invitation within the allotted time, it would disqualify the City from participating in the
CDBG Entitlement Program; thus potentially negatively impacting future affordable housing
development, which is identified as main priority in the Fiscal Contingency Plan.
Public Engagement
As this a request to participate in a collaboration for a grant program, no public engagement is
required; however, public engagement will take place as part of future CDBG program cycles to
recommend funding awards.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines Sec.
15378.
FISCAL IMPACT
Budgeted: Yes Budget Years: 2021-2023
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
Participation in the 2021-23 Urban County will have a positive fiscal impact for the City. Since
costs to administer the CDBG program will continue to be funded through the grant itself,
participation in the Urban County will benefit the City’s fiscal condition. Additionally, CDBG
funds have historically played a critical role to preserve, conserve, rehabilitate, and develop
deed-restricted affordable housing in the community.
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The City has been allocated an average of $456,574 annually through Urban County Entitlement
Program since 2015 and is expected to be allocated $496,355 for this upcoming 2020 Program
year. These grant monies have been utilized by local non-profit organizations to leverage other
funding sources and satisfy financing gaps for projects including Courtyard at the Meadows,
Bishop Street Studios, and Iron Works Apartments. CDBG funds received under the program
provide an outside source of funding for affordable housing and social service programs that
would otherwise not be funded or would draw funding from other priority City programs,
services, and financial sources.
ALTERNATIVES
Elect to not participate in the 2021-2023 Urban County. This alternative is not recommended as
the City would have to compete for CDBG funds directly from HCD. Staff does not recommend
this alternative since the CDBG Entitlement Program has proven effective and opting out of this
cooperation would result in increased program administrative costs without any guarantee that
the City would receive grant funding. Furthermore, the alternative CDBG Non-Entitlement
Program is extremely competitive and it is unlikely that the City would be awarded funding at
the frequency and amounts that participation in the Urban County provides.
Attachments:
a - Draft Resolution
b - Invitation to Participate in 2021-23 Urban County
c - DRAFT City of San Luis Obispo 2021-2023 Cooperation Agreement
Item 7
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE PARTICIPATION IN THE
SAN LUIS OBISPO REGION URBAN COUNTY, OVERSEEN BY THE
COUNTY OF SAN LUIS OBISPO, FOR THE 2021-2023 COMMUNITY
DEVELOPMENT BLOCK GRANT FEDERAL ENTITLEMENT
PROGRAM CYCLES; AND APPROVING THE EXECUTION OF A
COOPERATION AGREEMENT FOR PARTICIPATION
WHEREAS, the County of San Luis Obispo (“County”), a political subdivision of the
State of California, and the City of San Luis Obispo (“City”), a municipal corporation, desire to
participate in the Community Development Block Grant (CDBG) Entitlement Program
administered by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety and welfare by providing
grant funds to be used by the City and County (“parties”) to improve housing opportunities for
low- and moderate-income households, to encourage economic reinvestment, to improve
community facilities and public services, and to provide other housing-related facilities or services;
and
WHEREAS, HUD requires that the parties enter into a cooperation agreement to define
their rights and obligations as a prerequisite of participation in the CDBG Entitlement Program;
and
WHEREAS, the parties have developed such an agreement that automatically renews for
subsequent three-year increments unless the City provides written notice of its intent to not
participate in a new qualification period; and
WHEREAS, the City desires to continue its participation for the upcoming 2021-2023
fiscal years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) The proposed Cooperation Agreement is consistent with the General Plan and with
City and County policies encouraging cooperation between agencies on issues of
regional significance such as affordable housing and public services.
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Resolution No. _____ (2020 Series) Page 2
R ______
b) The proposed Cooperation Agreement will promote the public health, safety and
welfare by enabling the City and County to participate in HUD’s Urban County
entitlement program, thus making available funds for a variety of housing projects,
economic development, and public services programs not otherwise possible or
available.
c) The City and County intend to enter into subrecipient agreements that will
establish administrative policies and procedures, performance standards and
funding schedules, project descriptions and funding, and guidelines for CDBG
Entitlement Program implementation.
d) The project is exempt from environmental review per CEQA Guidelines under the
General Rule (Section 15061(b)(3)). The project is a Cooperation Agreement
between the City and County for joint participation in administering the CDBG
Entitlement Program for fiscal years 2021-2023. Each grant request approved for
funding will be subject to CEQA at the time the project is filed. It can be seen with
certainty that the proposed Cooperation Agreement will have no significant effect
on the environment.
SECTION 2. Action. The City Council does hereby authorize the Mayor to sign the Urban
County Cooperation Agreement with the County to enable continued joint participation in the
Urban County CDBG program administered by HUD for fiscal years 2021-2023.
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Resolution No. _____ (2020 Series) Page 3
R ______
SECTION 3. Community Development Director Authority. The Community
Development Director is hereby authorized to act on behalf of the City in connection with the
implementation of the agreement, on-going operation of the CDBG program, and all other
activities necessary to carry out the intent of the agreement and amendments thereto.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _______________________.
____________________________________
Teresa Purrington
City Clerk
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COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PLANNING & BUILDING
TREVOR KEITH, DIRECTOR
976 Osos Street, Room 300 | San Luis Obispo, CA 93408 | (P) 805-781-5600 | 7-1-1 TTY/TRS Relay
planning@co.slo.ca.us | www.sloplanning.org
April 3, 2020
Derek Johnson, City Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Subject: Invitation to Participate in the San Luis Obispo Urban County
Dear Mr. Johnson,
We would like to thank the City of San Luis Obispo for participating in the San Luis Obispo
Urban County (“Urban County”) and invite the City to continue participating for the next
Cooperation Agreement term. The City’s current (2018-2020) Cooperation Agreement with
the County will expire on June 30, 2021.
Instructions for Participating in the Urban County for the 2021-2023 Term
To continue receiving U.S. Housing and Urban Development (HUD) entitlement funds for
fiscal years 2021-2022, 2022-2023, and 2023-2024, please reply via email
(mleal@co.slo.ca.us) by May 1, 2020 stating the City would like to participate in the Urban
County for the 2021-2023 Cooperation Agreement term. In your reply, please also indicate
when you anticipate taking the Cooperation Agreement to your Council for approval. The
deadline for submitting a fully executed Cooperation Agreement to the County is June 19,
2020.
If the City declines to participate in the Urban County, the City is required to notify the County
and HUD field office by May 15, 2020. You may contact the State Housing and Community
Development (HCD) Department for any questions regarding the S tate’s non-entitlement
HUD grant program: https://www.hcd.ca.gov/grants-funding/active-funding/index.shtml.
Draft 2021-2023 Cooperation Agreement
A track changes version of the draft 2021-2023 Cooperation Agreement is attached for your
review. The agreement includes one substantive revision that we discussed with you over
the phone on March 4, 2020, and a few minor clean ups.
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Invitation to Participate in the San Luis Obispo Urban County
Page 2 of 2
The substantive revision would require participating jurisdictions to seek reimbursement of
administrative costs by the end of the fiscal year as required by HUD. The County would use
any unclaimed administrative funds to offset the cost of administering the Urban County.
Please reach out to Matt Leal or myself (contact information below) by May 1, 2020 if you
would like to further discuss this revision.
At the February 14, 2020 City Managers meeting, County staff proposed a regional approach
for allocating Community Development Block Grant (CDBG) funds, and the City Managers
emphasized the importance of maintaining local control of CDBG funds to meet their unique
community development needs. Based on this feedback, the draft 2021-2023 Cooperation
Agreement would not change how CDBG funds are allocated to the cities. County staff,
however, would like to remind the cities that all participating jurisdictions of the Urban
County should allocate funds to eligible activities in a manner that is consistent with the
Consolidated Plan. The draft 2020-2024 Consolidated Plan states that the Urban County’s
highest priority is to address affordable housing and homelessness. The 2020-2024
Consolidated Plan is scheduled for Board of Supervisors consideration on May 5, 2020.
Timeline
The key milestones and deadlines for 2021-2023 Cooperation Agreements are as follows:
Milestone Deadline
Response to this invitation May 1, 2020
Submit comments on the Draft 2021-2023 Cooperation Agreements May 1, 2020
Notify County and HUD of decision to not participate in Urban County
(for existing participants declining to participate for the 2021-2023 term)
May 15, 2020
Send fully executed 2021-2023 Cooperation Agreement to the County June 19, 2020
Board of Supervisors approves all 2021-2023 Cooperation Agreements July 7, 2020
County sends approved 2021-2023 Cooperation Agreements to HUD July 14, 2020
If you have any questions or concerns regarding this process or the County’s HUD programs,
please contact me at (805) 781-5198 or asingewald@co.slo.ca.us or Matt Leal at
mleal@co.slo.ca.us or (805) 781-5113.
Sincerely,
Airlin M. Singewald
Airlin M. Singewald
Division Manager
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Page 1
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS
OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE
HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY
SOLUTIONS GRANT PROGRAM FOR FISCAL YEARS 2021 THROUGH 2023
THIS AGREEMENT is made and entered into this day of ,
2020, by and between the County of San Luis Obispo, a political subdivision of
the State of California, hereinafter called “County ,” and the City of San Luis
Obispo, a municipal corporation of the State of California, located in the County
of San Luis Obispo, hereinafter called “City;” jointly referred to as “Parties.”
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed
a law entitled, The Housing and Community Development Act of 1974, herein
called the “Act.” The Act is omnibus legislation relating to federal involvement in
a wide range of housing and community development activities and contains
eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and
governs programs for housing and community development within metropolitan
cities and urban counties or communities by providing financial assistance
annually for area-wide plans and for housing, public services and public works
programs; and
WHEREAS, the Community Development Block Grant Program
(hereinafter referred to as “CDBG”), the HOME Investment Partnerships Act
Program (hereinafter referred to as “HOME”), and the Emergency Solutions
Grant Program (hereinafter referred to as “ESG”) are consolidated under Tit le I of
the Act; and
WHEREAS, the County has requested of the federal Department of
Housing and Urban Development, hereinafter referred to as “HUD ,” designate
the County as an “urban county;” and
WHEREAS, the County needs to requalify as an urban county and will be
eligible to receive CDBG funds provided that the County’s entitled cities defer
their entitlement to the County to enable both the County and the entitlement
cities to jointly participate in the program; and
WHEREAS, the City desires to participate jointly with the County in said
program; and
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WHEREAS, if HUD redesignates the County as an urban county, then the
County may also be eligible to receive funds from the H OME Program and the
ESG Program; and
WHEREAS, the CDBG Regulations issued pursuant to the Act provide
qualified urban counties must submit an application to the HUD for funds, and
cities and smaller communities within the metropolitan area not qualifying as
metropolitan cities may join the County in said application and thereby become a
part of a more comprehensive County effort; and
WHEREAS, as the urban county applicant, the County must take
responsibility and assume all obligations of an applicant under federal statues,
including: the analysis of needs, the setting of objectives, the development of
community development and housing assistance plans, the consolidated plan,
and the assurances of certifications; and
WHEREAS, by executing this Agreement, the Parties hereby give notice
of their intention to participate in the urban county CDBG, HOME, and ESG
Programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the Parties agree as follows:
SECTION I. General.
A. Responsible Officers. The Director of the County of San Luis Obispo
Department of Planning and Building (hereinafter referred to as “Director”)
is hereby authorized to act as applicant for the CDBG, HOME, and ESG
Programs and to administer funding and activities under the programs.
The City’s Community Development Director is hereby authorized to act
as the responsible officer of the City under the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each
other in undertaking eligible grant programs or projects, including but no t
limited to community renewal and lower income housing assistance
activities, specifically urban renewal and publicly-assisted housing; public
services; and economic development.
C. Term of Agreement – Automatic Renewal Provision. The term of this
Agreement shall be for a period of three (3) years commencing July 1,
2021 through June 30, 2024. In addition, this Agreement provides for
automatic renewal for participation in successive three-year qualification
periods, unless the City provides written notice at least 60 days prior to the
end of the term that it elects not to participate in a new qualification period.
Before the end of the first three-year term, the County will notify the City in
writing of its right not to participate in the urban county for a successive
three-year term.
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The Parties agree to adopt amendments to this Agreement incorporating
changes necessary to meet the requirements for cooperation agreements
set forth in an Urban County Qualification Notice by HUD for a subsequent
three-year urban County qualification period, prior to the subsequent
three-year extension of the term. Any amendment to this Agreement shall
be submitted to HUD as required by the regulations and any failure to
adopt required amendments will void the automatic renewal of this
Agreement for the relevant qualification period.
This Agreement remains in effect until the CDBG, HOME, and ESG
Program funds and program income received with respect to the three-
year qualification period, and the subsequent thr ee-year renewals are
expended and the funded activities are completed. The Parties may not
terminate or withdraw from this Agreement while this Agreement remains
in effect.
D. Scope of Agreement. This Agreement covers the following formula
funding programs administered by HUD where the County is awarded and
accepts funding directly from HUD: the CDBG Program, the HOME
Program, and the ESG Program.
SECTION II. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. The Parties agree the City shall be
included in the application the County shall submit to HUD for Title I
Housing and Community Development Block funds under the Act.
B. Consolidated Plan. The City shall assist the County by preparing a
community development plan, for the period of this Agreement, which
identifies community development and housing needs, projects and
programs for the City; and specifies both short and long-term City
objectives, consistent with requirements of the Act. County agrees to:
(1) include the City plan in the program application, and (2) include
City’s desired housing and community development objectives,
policies, programs, projects and plans as submitted by the City in the
County’s consolidated plan.
C. Application Submittal. The County agrees to commit sufficient
resources to completing and submitting the Consolidated Plan and
supporting documents to HUD in time for the Parties to be eligible to
receive funding beginning July 1, 2021, and to hold public hearings as
required to meet HUD requirements.
D. County Responsibility. Parties agree the County shall, as applicant,
be responsible for holding public hearings and preparing and
submitting the CDBG funding application and supporting materials in a
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timely and thorough manner, as required by the Act and the federal
regulations established by HUD to secure entitlement grant funding
beginning July 1, 2021.
E. Grant Eligibility. In executing this Agreement, the Parties understand
they shall not be eligible to apply for grants under the Small Cities or
State CDBG Programs for appropriations for fiscal years during the
period in which the Parties are participating in the urban county CDBG
entitlement program; and further, the City shall not be eligible to
participate in the HOME, or ESG Programs except through the urban
county.
SECTION III. Program Administration.
A. Program Authorization. The Director is hereby authorized to carry out
activities that will be funded from the annual CDBG, HOME, and ESG
Programs from fiscal years 2021, 2022, and 2023 appropriations and
from any program income generated from the expenditure of such
funds.
B. Responsibilities of Parties. The Parties agree the County shall be
the governmental entity required to execute any grant agreement
received pursuant to the CDBG, HOME, and ESG applications, and
subject to the limitations set out in this Agreement, the County shall
thereby become liable and responsible thereunder for the proper
performance of the plan and CDBG, HOME, and ESG under County
programs. County agrees to perform program administrative tasks
such as environmental clearance under the National Environmental
Policy Act (NEPA), subrecipient agreements and monitoring of
subrecipients. The City agrees to act in good faith and with due
diligence in performance of the City obligations and responsibilities
under this Agreement and under all subrecipient agreements. The City
further agrees that it shall fully cooperate with the County in all things
required and appropriate to comply with the provisions of any Grant
Agreement received by the County pursuant to the Act and its
Regulations.
C. City Assistance. The City agrees to undertake, conduct, perform or
assist the County in performing the essential community development
and housing assistance activities identified in the City’s community
development plan. Pursuant to the Act and pursuant to 24 CFR
570.501(b), the City is subject to the same requirements applicable to
subrecipients, including the requirement of a written agreement with
the County as set forth in 24 CFR 570.503.
SECTION IV. Use of Program Funds.
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A. Allocation of CDBG funds. All funds received by the County
pursuant to this Agreement shall be identified and allocated, as
described below, to the specific projects or activities set out in the
application, and such allocated amounts shall be expended exclusively
for such projects or activities; provided, however, that a different
distribution may be made when required by HUD to comply with Title I
of the Housing and Community Development Act of 1974, as
amended.
1) Metropolitan Cities’ Allocation. The Parties agree the County
shall make available to the City a total amount of CDBG funds
equal to that which the City would have been entitled had it applied
separately as a “metropolitan city,” using HUD allocation formulas
as applied by the County, except that an amount equal to thirteen
(13) percent of the Metropolitan Cities’ allocations of CDBG funds
will be deducted by the County to meet its obligations under the
terms of this Agreement and/or HUD requirements for
administrative costs. Further, with respect to the availability of the
funds, the County agrees to fully cooperate and assist the City in
expending such funds.
2) Non-Metropolitan Cities’ Allocation. The County agrees to
allocate a portion of CDBG program funds to the non -Metropolitan,
incorporated cities participating in the program. The amount of
allocation per city shall be equal to that which the urban county
formula award from HUD increases as a result of the HUD
allocation formulas as applied by the County, except that an
amount equal to thirteen (13) percent of the Non-Metropolitan
Cities’ allocations of CDBG funds will be deducted by the County to
meet its obligations under the terms of this Agreem ent and/or HUD
requirements for administrative costs.
3) Urban County. Parties shall not recommend a CDBG award of
less than $8,000 for any one project or program due to the staff
cost of processing such awards in compliance with federal
requirements. A project or program recommended to receive an
amount less $8,000 can still receive an award if any other Party or
Parties make an award, which is aggregated to be greater than
$8,000.
4) Administrative Costs. The County hereby acknowledges the City,
as a subrecipient defined in 24 CFR 570.500(c) and its eligibility to
incur administrative costs per 24 CFR 570.206, or as otherwise
negotiated and approved in the Action Plan for related Planning
and Capacity Building costs per 24 CFR Part 570.205. The City
shall submit invoices and supporting documentation to the County
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for reimbursement of eligible administrative costs in accordance
with the following schedule:
2021 Program Year: Friday, June 1, 2022
2022 Program Year: Friday, June 7, 2023
2023 Program Year: Friday, June 5, 2024
Administrative funds that are not drawn down following the review
and approval by county staff by the deadlines above will be used to
reimburse the County’s administrative costs.
B. Availability of Funds. The County agrees to make CDBG funds
available to all participating incorporated cities as set out here when
HUD makes the CDBG funds available to it. The County shall
immediately notify the participating incorporated cities of the availability
of the funds.
It is understood by the Parties, hereto, the CDBG funds being used for
the purposes of this Agreement are funds furnished to the County,
through HUD, pursuant to the provisions of the Act. Notwithstanding
any other provision of this Agreement, the liability of the County sh all
be limited to CDBG funds available for the Project. The City
understands that the County must wait for release of CDBG funds from
HUD before CDBG funds may be advanced or reimbursed. The
County shall incur no liability to the City, its officers, agents,
employees, suppliers, or contractors for any delay in making any such
payments.
C. Public Services Costs. The County agrees that after the availability
of CDBG program funds to the City, the County shall not use its
remaining balance of funds in any way that would limit the City’s ability
to use its CDBG funds to the maximum extent allowed by HUD for
public service purposes.
D. Income Generated. The City shall notify the County of any income
generated by the expenditure of CDBG funds received by the City .
Such program income may be retained by the City subject to the
provisions of this Agreement, the Act and its Regulations. Any
program income retained must only be used for eligible activities in
accordance with all CDBG requirements as they apply.
E. Use of Program Income. The County shall monitor the use of any
program income, requiring appropriate record -keeping and reporting by
the City as may be needed for this purpose, and shall report the use of
such program income to HUD. In the event of close-out or change of
status of the City, all program income on hand or received by the City
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subsequent to the close-out or change of status shall be paid to the
County. In the event that the City withdraws from the urban county to
become an entitlement grantee, as provided under 24 CFR 570.504,
all program income on hand or received by the City from urban county
activities shall be retained by the City to be used as additional CDBG
funds subject to all applicable requirements governing the use of
CDBG funds.
F. Change in Use of Property. The City shall notify the County of any
modification or change in the use of real property acquired or improved
in whole or in part using CDBG funds that is within the control of the
City, from that use planned at the time of a cquisition or improvement
including disposition. Such notification shall be made within thirty (30)
calendar days of such change of use and comply with the provisions of
24 CFR 570.505.
G. Fair Housing Implementation. The Parties agree no urban county
funding shall be allocated or expended for activities in or in support of
any cooperating unit of general local government that does not
affirmatively further fair housing within its own jurisdiction or that
impedes the County’s actions to comply with its fair housing
certification.
H. Conflict Resolution. In the event of disagreement between the
County and the City as to the allocations, disbursement, use, or
reimbursement of CDBG funds, the Parties agree to accept HUD’s
written determination as to the appropriate resolution or disposition of
funds to the extent HUD is willing to resolve such disagreement.
I. Consolidated and Further Continuing Appropriations Act . The City
may not sell, trade, or otherwise transfer all of any portion of CDBG
funds to another metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or indirectly
receives CDBG funds in exchange for any other funds, credits or non -
Federal considerations, but must use such funds for ac tivities eligible
under Title I of the Act.
J. Special Provisions for the Urban County.
(1) To affirmatively furthers fair housing and implement the Analysis of
Impediments to Fair Housing Choice or better known as the Fair
Housing Plan, the cities are encouraged to contribute CDBG funds to
affordable housing projects when there is an eligible CDBG component
in the proposal that is located within the city’s jurisdiction.
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(2) The County will enforce remedies for noncompliance pursuant to 2
CFR Part 200.338 and allowed per 2 CFR Part 200.207 by pulling
CDBG funds for under preforming projects or programs not
implemented during agreed timeframe identified in the subrecipient
agreement.
SECTION V. Amendment or Extension of Agreement .
A. Subrecipient Agreement. For each fiscal year during the term of this
Agreement, the County and the City shall enter into a Subrecipient
Agreement, prepared jointly by the County and the City, which
identifies a project or program that the County will administer with the
City’s CDBG entitlement funds during that program year. The
Subrecipient Agreement will set forth the minimum requirements found
at 24 CFR 570 and as otherwise required by applicable federal laws. In
addition, the agreements will provide project changes, time schedule
for completion of the project(s), deliverable checklist, and additional
funding sources, if any. If substantial compliance with the completion
schedule cannot be met by the City due to unforeseen or
uncontrollable circumstances, then the County may extend the
schedule for project completion, as allowed by federal regulations.
B. Amendments. Any amendments to this Agreement shall be in writing.
Parties agree any such fully executed amendment or amendments to
this Agreement may be entered into at any time if required or
necessary to implement the plans contemplated hereunder, or to
comply with any grant agreement or the regulations issued pursuant to
the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. The Parties agree to take all actions necessary to assure
compliance with the urban county’s certifications required by section
104(b) of Title I of the Housing and Community Development Act of
1974, as amended, regarding Title VI of the Civil Rights Act of 1964,
the Fair Housing Act, affirmatively furthering fair housing, Section 109
of Title I of the Housing and Community Development Act of 1974; the
National Environmental Policy Act of 1969; the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970; and other
applicable laws.
B. Citizen Participation. The Parties agree to comply with federal citizen
participation requirements of 24 CFR Part 91, and provide citizens
with:
1) An estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate income; and
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2) A plan for minimizing displacement of persons as a result of CDBG -
assisted activities and programs, and to provide assistance to such
persons.
C. Citizen Participation Plan. The Parties agree to follow a citizen
participation plan which:
1) Provide for and encourages citizen participation, particularly those
of low or moderate income who reside in slum or blighted areas
where CDBG funds are proposed to be used;
2) Provide citizens with reasonable and timely access to local
meetings, staff reports, and other information relating to grantee’s
proposed use of funds, as required by HUD regulations related to
the actual use of funds under the Act;
3) Provides for public hearings to obtain citizen views and to respond
to proposals and questions at all stages of the community
development program, including at least: 1) formulation of needs; 2)
review of proposed grant activities; and 3) review of program
performance; for which public hearings shall be held after adequate
notice, at times and locations convenient to potential or actual
beneficiaries, and with accommodation of handicapped persons;
4) Provides for a timely written answer to written complaints and
grievances, within 15 working days where practicable;
5) Identifies how the needs of non-English speaking residents will be
met in the case of public hearings where a significant number of
non-English speaking residents can be reasonably expected to
participate.
6) Identifies the use of non-traditional methods of community
outreach, including the provision of CDBG documents in a user-
friendly format, including but not limited to Braille, large print, oral
format, and delivering copies to homebound individuals.
D. The Parties hereby certify, to the best of their knowledge and
belief, that:
1) Conflict of Interest. No federal grant monies have been paid or
will be paid, by or on behalf of the Parties, to any officer or
employee or any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering
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into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract, grant,
loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds
have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Cong ress, or an
employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit standard form LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
3) Certifications Disclosure. Parties agree to include this
certification in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements), and that all grant
subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance
was placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive
Force and Regarding Enforcement of State and Local Laws
Barring Entrances.
In accordance with Section 519 Public Law 101-144 (the 1990 HUD
Appropriations Act), the City certifies that it has adopted and is
enforcing.
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non-violent civil rights demonstrations; and
2) A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location which
is the subject of such non-violent civil rights demonstrations within
their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The Director is hereby authorized to execute and
submit to the County the HUD Certification Form with respect to the
community development activities carried out within the boundaries of
the City. It is further understood that the County will rely upon the
certification executed by the Director for purposes of executing a
certification form for submission to HUD.
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B. Maintenance of Records. The City shall maintain records of activities
for any projects undertaken pursuant to the program, and said records
shall be open and available for inspection by auditors assigned by
HUD and/or the County on reasonable notice during the normal
business hours of the City.
NOW, THEREFORE, the Parties hereto have caused this Agreement to be
executed and attested by their proper officer thereunder duly authorized, and
their official seals to be hereunto affixed, all as of the day first above written.
________________________________
Chairperson of the Board of Supervisors
ATTEST:
WADE HORTON
Ex-Officio Clerk of the Board of Supervisors
By:
Deputy Clerk
[SEAL]
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL
County Counsel
By: _____________________________
Deputy County Counsel
Dated:___________________________
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NOW, THEREFORE, the Parties hereto have caused this Agreement to be
executed and attested by their proper officer thereunder duly authorized, and
their official seals to be hereunto affixed, all as of the day first above written.
CITY OF SAN LUIS OBISPO
Heidi Harmon, MAYOR
Date:
ATTEST:
Teresa Purrington, CITY CLERK
Date:
APPROVED AS TO CONTENT:
Michael Codron, COMMUNITY DEVELOPMENT DIRECTOR
Date:
APPROVED AS TO FORM AND EFFECT:
J. Christine Dietrick, CITY ATTORNEY
Date:
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blank.
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Department Name: Admin & IT
Cost Center: 1101
For Agenda of: May 5, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Miguel Guardado, Information Technology Manager
SUBJECT: PUBLIC SAFETY PORTABLE RADIO REPLACEMENT
RECOMMENDATION
1. Waive formal bids and authorize use of Los Angeles County Master Agreement MA-IS-
1740313-1 (Attachment A) for purchase of equipment from Motorola Solutions (Attachment
B) as allowed under 3.24.060 E. of the City of San Luis Obispo Municipal Code; and
2. Adopt a Resolution (Attachment C) authorizing the City to enter into a lease purchase
agreement, substantially in the form attached, subject to approval by the City Attorney and
Finance Director; and
3. Award a contract and enter into a three-year lease-purchase agreement with Motorola Solutions
(Attachment D) in the amount of $653,014, split into three equal payments of $217,671.27 for
the purchase of Motorola portable radios, associated accessories and programming and
management software for Public Safety radios with payments beginning on June 1, 2021; and
4. Approve a transfer of $9,337 from the Information Technology Replacement Fund
Undesignated Capital Account to the Public Safety Radio Replacement Account to augment
available funding for the project (Attachment E).
DISCUSSION
Current Radio Status
This Council Agenda Report is requesting authorization to purchase new Motorola portable
radios for the Police and Fire departments. The Motorola portable radios that are currently bein g
used by City public safety personnel are 10 years old with the typical lifespan being five to seven
years depending on wear and tear. As such, staff is experiencing device failures such as not
powering on, powering off randomly during use, not transmitting or receiving traffic, jammed
knobs, and other critical failures. In addition, the current radio model has been discontinued and
replacement parts are no longer available.
Staff evaluated Tait, Motorola, Harris and Kenwood portable radios with key staff at the Police
and Fire Departments. Staff evaluated and rated public safety officer usability, functionality,
intrinsic safety, and integration with the City’s current system and cost. Motorola portable radios
were the only radios to meet all the requirements of both Public Safety departments.
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Background
The City has been using Motorola mobile and portable radios for the last 20 years. The last
refresh of City mobile and portable radios was in January of 2010. At that time staff awarded a
contract to Motorola directly. Motorola at the time was a leader in the wireless communication
space without significant competition in the public safety sector. Since 2010, IT Staff has had an
opportunity to evaluate other competitors in the Public Safety rated mobile and portable radio
sector such as Harris, Kenwood and Tait. Equivalent portable radios from each manufacturer
were evaluated by IT and Public Safety with the Motorola radio as the only radio that operated
correctly within the City’s repeater system and met all the requirements of the Public Safety
Departments.
Covid-19 – Fiscal Health Contingency Plan Evaluation of Necessity
Police and Fire provide essential public safety services for the City of San Luis Obispo. In order
to provide these services, portable radios are in use daily, 24 hours, 7 days a week. The radios are
critical to ensure public health and safety.
Policy Context
The City’s Municipal Code under policy section 3.24.060 E. allows the use of cooperative
agreements such as the LA County Master Agreement MA-IS-1740313-1.
CONCURRENCE
The City’s Finance Director and both Police and Fire Chiefs concur with the project.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2018-19 & 2019-20
Funding Identified: Yes
Funding Sources
Current FY
Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State -
Federal -
Fees -
Other: IT Replacement
Fund
$0 $0 $653,014
Total $0 $0 $653,014
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Fiscal Analysis:
Given the current health and fiscal emergency due to COVID-19, and the importance of this
purchase, City staff have negotiated a three-year lease-purchase agreement with Motorola
Solutions in order to protect the City’s cash flow. The lease-purchase agreement will allow the
City to defer payments until June 1, 2021 without interest accrual. The annual payment terms are
detailed in the lease-purchase agreement attached to this report, which illustrates three annual
payments of $217,671.27 being on June 1, 2021 and final payment on June 1, 2023.
The City applied for grants from the Assistance to Firefighters Grant Program (AFG) twice
(regional and agency specific) and was unsuccessful in both applications. There is sufficient
funding for this project from the approved Radio Replacement Capital Improvement Project with
a minor augmentation of $9,337 needed from undesignated capital within the fund. However, to
protect current cash flow during this uncertain time due to the COVID-19 health and economic
emergency, the City is entering into the three-year lease agreement with Motorola beginning
June 2021.
The Public Safety Radio Project was originally identified in the 2017-19 Financial Plan, Section
E – Capital Improvement Plan. The project was partially funded by the Local Revenue Measure
($328,949) and has a current balance of $643,677. In order to complete the purchase, $9,337 will
be needed from the IT Undesignated Capital account which has a current balance of $20,049.
The total cost of the lease agreement amounts to $653,013.81 including $16.773 in interest
payments.
Contract Award – Cooperative Purchase Authorization
The use of cooperative purchases based on master purchase agreements with other public
entities, as expressly authorized under the City’s Municipal Code, permits the City to achieve the
best price objectives of formal bidding procedures, while maximizing efficiency through
piggybacking on the best price negotiations or public bidding processes completed by other
public entities. The City will use LA County Master Agreement MA-IS-1740313-1 pricing for
all Motorola communication equipment purchases due to the competitive pricing. Thus, Staff
recommends utilizing the cooperative purchase contract for the purchase of Motorola portable
radios utilizing this contract.
ALTERNATIVES
Do not authorize the purchase of new radios. Police and Fire would continue to use their
current radios. There would be serious personnel safety and operational issues as the existing
radios continue to fail and would not be able to be repaired.
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Attachments:
a - LA County Master Agreement MA-IS-1740313
b - SLO Radio Equipment Package 2020
c - Draft Resolution
d - San Luis Obispo Lease Agreement - Purchase Packet
e - BAR Radio Replacment
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~T_E~R_M~C-O~N_T_RA~_c_T~A-W'~A_RD~~~~~~~~~~~.~ ~~-·~-~_:_~_~_;_3N_1; __ ;~~~~~~--L.'~V-ER_s_1o_N_D_A_T_E-I
INTERNAL SERVICES DEPARTMENT ~~ PROCUREMENTFOLDER : 1326070
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MOTOROLA SOLUTIONS INC
725 S. FCGUEROA ST., STE. 1870
LOS ANGELES CA 90017
RADIO COMMUNICATIONS (MOTOROLA)
LINE
NO . COMMODITY/SERVICE DESCRIPTION
1 COMMODITY CODE: 725-45-00-028600
RADIO COMMUNICATCONS EQUCPMENT
MFG: MOTOROLA
% DCSCOUNT: SEE EXHIB[T A 2017-2020
DISCOUNT DATED JULY. I, 2017
2 COMMODITY CODE: 962-86-00-04339!
FRE[GHT
(SEE PAGE 17 OF EXHCBCT A FOR
FREIGHT/SHIPPING CHARGE DETAILS)
COUNTY OF LOS ANGELES (j
BUYER:
PHONE:
EJl,IAIL:
Priscilla Diaz
323-267-23 lS
pdiaz@isd.Jacounty.gov
VENDOR NO : 033256
CONTACT : DA VE ANDREWS
PHONE: 213-362-6704
FISCAL YEAR:
EFFECTIVE DATE: 07/01/17
EXPIRATION: 06/30/20
QUANTITY UOM PRICE TYPE
0.000 DCSCOUNT
0.000 EA ITEM
~1--~ _:_ ~-=.:l\::_
VENDOR SIGNATURE/DATE
VALUE
0.0000%
$ 0.000000
6-2.ct-q
{ltpp~~
MARK W. AHTHONY
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TERMS & CONDITIONS OF PURCHASE FOR CONTRACT 1740313
***NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DATABASE NUMBERING
SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE
AGREEMENT NUMBER 1240419 (TERM: 2012 - 2017) WILL HAVE A NEW NUMBER
ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES
NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 1240419.
ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.***
****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO
COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH
RADIO COMMUNICATIONS AS AN ADDTIONAL FEATURE (I.E DESK
OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.****
CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH
THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. NO OTHER
CONDITIONS OR MODIFICATIONS OF THESE TERMS AND CONDITIONS WILL BE
EFFECTIVE UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE COUNTY
OF LOS ANGELES (COUNTY). FAILURE OF COUNTY TO OBJECT TO PROVISIONS
CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION
FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND
CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION.
1. TERMS OF AGREEMENT:
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED
AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR
EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT:
A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS.
(TO BE DONE IN 12 MONTH INCREMENTS).
B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT
LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED
AGREEMENT.
C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF
EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS.
VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RATES, TERMS AND
CONDITIONS.
ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY,
AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN
NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL
THE EFFECTIVE DATE OF SUCH CANCELLATION.
2 DELIVERY: DELIVERY SHALL BE AS STATED HEREIN. WHEN USING COMMON
CARRIERS, COUNTY RESERVES THE RIGHT TO DESIGNATE THE TRANSPORTATION
CARRIER. FAILURE ON THE PART OF VENDOR TO ADHERE TO SHIPPING TERMS
SPECIFIED HEREON OR WRITTEN AGREEMENT MAY, AT COUNTY'S DISCRETION,
RESULT IN ADDITIONAL HANDLING COSTS BEING DEDUCTED FROM VENDOR'S
INVOICE. COST OF INSPECTION ON DELIVERIES OR OFFERS FOR DELIVERY
WHICH DO NOT MEET SPECIFICATIONS WILL BE FOR THE ACCOUNT OF VENDOR.
UNLESS OTHERWISE SET FORTH HEREIN, ALL ITEMS SHALL BE SUITABLE
PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING
DOCUMENTS AND CONTAINERS.
3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER
NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF.
INVOICES MUST STATE THAT THEY COVER, AS THE CASE MAY BE, COMPLETE
OR PARTIAL DELIVERY, AND MUST SHOW UNITS AND UNIT PRICES.
INVOICES WILL NOT BE PAID UNLESS AND UNTIL THE REQUIREMENTS HAVE
BEEN FULLY MET. WHEN PRICE SHOWN IS A DELIVERED PRICE, ALL
TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO
DESTINATION.
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4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID
SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE
EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN
BUSINESS AS A SELLER (IF A CA COMPANY) OR ITS RETAILER'S CERTIFICATE
OF REGISTRATION - USE TAX (IF NOT CA COMPANY). WITHOUT ONE OF THESE
NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR.
5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S
RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN
ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 17404313
IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES
SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR
PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR
CONTRACT (WHICHEVER IS GREATER).
6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT
ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER.
THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF
OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S
ACCEPTANCE OF THE ITEM OR SERVICE. VENDOR WARRANTS THAT THE ITEMS
MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION
OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR
ADMINISTRATIVE BODY.
DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE
GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL
ALL OR PART OF A PURCHASE ORDER AT NO COST AND FOR ANY REASON BY
GIVING WRITTEN NOTICE TO VENDOR AT LEAST THIRTY (30) CALENDAR DAYS
PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT EXCEEDING ONE
PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE
ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY
(30) CALENDAR DAYS PRIOR WRITTEN NOTICE.
8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES
WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF
ALIENS AND OTHERS.
8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE
PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT.
9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL
FEDERAL, STATE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS
CONCERNING HAZARDOUS MATERIALS AND TOXIC SUBSTANCES.
10 COVENANT AGAINST GRATUITIES: VENDOR WARRANTS THAT NO GRATUITIES
(IN THE FORM\OF ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR
GIVEN BY VENDOR, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY
OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A
PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY
DETERMINATION CONCERNING THE PERFORMANCE OF THE PURCHASE ORDER.
IN THE EVENT OF BREACH OF THIS WARRANTY, COUNTY SHALL BE ENTITLED
TO PURSUE THE SAME REMEDIES INCLUDING, BUT NOT LIMITED TO,
TERMINATION, AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF
VENDOR'S DEFAULT.
11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH
COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AWARD OF A
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PURCHASE ORDER OR ANY COMPETING AGREEMENT, AND NO SPOUSE OR
ECONOMIC DEPENDENT OF SUCH EMPLOYEE, SHALL BE EMPLOYED IN ANY
CAPACITY BY VENDOR, OR HAVE ANY OTHER DIRECT OR INDIRECT FINANCIAL
INTEREST IN THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR,
WHO MAY FINANCIALLY BENEFIT FROM THE AWARD OF A PURCHASE ORDER SHALL
IN ANY WAY PARTICIPATE IN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN
ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S APPROVAL OR ONGOING
EVALUATION.
11A--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS,
ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED
DURING THE TERM OF THE PURCHASE ORDER. VENDOR WARRANTS THAT IT IS
NOT AWARE OF ANY FACTS WHICH CREATE A CONFLICT OF INTEREST. IF
VENDOR HEREAFTER BECOMES AWARE OF ANY FACTS WHICH MIGHT REASONABLY
BE EXPECTED TO CREATE A CONFLICT OF INTEREST, IT SHALL IMMEDIATELY
MAKE FULL WRITTEN DISCLOSURE OF SUCH FACTS TO COUNTY. FULL WRITTEN
DISCLOSURE SHALL INCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF
ALL PERSONS IMPLICATED AND A COMPLETE DESCRIPTION OF ALL RELEVANT
CIRCUMSTANCES.
12 GOVERNING LAW AND VENUE: THIS PURCHASE ORDER SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA. VENDOR AGREES AND CONSENTS TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR ALL
PURPOSES REGARDING THIS PURCHASE ORDER, AND FURTHER AGREES AND
CONSENTS THAT VENUE OF ANY ACTION HEREUNDER SHALL BE EXCLUSIVELY
IN THE COUNTY OF LOS ANGELES, CALIFORNIA.
13 INDEMNIFICATION: VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL LIABILITY, EXPENSE, INCLUDING DEFENSE COSTS AND LEGAL FEES, AND
CLAIMS FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM OR CONNECTED
WITH ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR ASSOCIATED WITH VENDOR'S
NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED
HEREUNDER.
IF AN INFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE
PROCURE FOR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT, REPLACE
OR MODIFY IT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING
FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH
EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN.
THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY
ACCEPTED ACCOUNTING STANDARDS FOR SUCH EQUIPMENT AND SOFTWARE.
VENDOR WILL HAVE NO DUTY TO DEFEND OR INDEMNIFY FOR ANY INFRINGEMENT
CLAIM THAT IS BASED UPON (I) THE COMBINATION OF THE EQUIPMENT OR
VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT
FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE
NOT FURNISHED BY MOTOROLA AND THAT IS ATTACHED TO OR USED IN
CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT
THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE
VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY
COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT
IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOING STATES
THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS
AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS
THEREOF.
THIS INDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY
REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR
COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE.
14 LIABILITY INSURANCE:
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THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE
RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH
LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU,
REPLACEMENT IS TO BE MADE BY SUPPLIER WITHIN TIME QUOTED FOR
ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED
SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF
NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE
EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE
COUNTY.
THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY
CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR
DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, OR
OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER
LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH
LOSSES OR DAMAGES ARE CLAIMED.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL,
REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS
AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE
PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS
LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF
THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE
RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE
BROUGHT WITHIN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW.
15 INSURANCE COVERAGE REQUIREMENTS;
GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01
OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
GENERAL AGGREGATE: $5 MILLION
PERSONAL AND ADVERTISING INJURY: $1 MILLION
EACH OCCURENCE: $5 MILLION
16 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE
PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE
LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND
FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES
WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE
WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE
AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER
FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE.
IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS'
LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
EACH ACCIDENT: $1 MILLION
DISEASE - POLICY LIMIT: $1 MILLION
DISEASE - EACH EMPLOYEE: $1 MILLION
17 INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR LOS ANGELES COUNTY SERVICE AGREEMENTS
INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS,
EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY,
INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS,
AND EXPENSES (INCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING
FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING
FROM AND/OR RELATING TO THIS AGREEMENT.
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GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S
INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT,
CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS
SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE
SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO
ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS
MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND
MAINTAINED BY CONTRACTOR'S OWN EXPENSE.
CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED
ENDORSEMENT
FOR COMPLETED OPERATIONS.
EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE
SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT
DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT.
THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS
SATISFACTORY EVIDENCE OF INSURANCE.
THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT.
CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:
ATTN:
PRISCILLA DIAZ
MA-IS-1740313
COUNTY OF LOS ANGELES - ISD
1100 NORTH EASTERN AVENUE RM # G115
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(1) SPECIFICALLY IDENTIFY THIS AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN THIS AGREEMENT.
(3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN
WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF
CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF
INSURANCE.
(4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE
COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING THE COUNTY OF LOS ANGELES
ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS
ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE
PROVISIONS OF THE
BLANKET ADDITIONAL INSURED ENDORSEMENT.
(5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED
RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS
SUFFICIENT TO
COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO
CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE
OF THE
KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT.
18 INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN
INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING
OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY.
FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE
REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE
ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE
CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS
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AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM
CONTRACTOR RESULTING FROM SAID BREACH.
NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL
REPORT TO COUNTY:
(1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER
THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY
RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR
COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF
OCCURRENCE.
(2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR
ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS
AGREEMENT.
(3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY
PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE
INJURY REPORT" TO THE COUNTY CONTRACT MANAGER.
(4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY
KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED
TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT.
COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO
COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF
THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO
COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED
BY COUNTY.
INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR
SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORMING SERVICES UNDER
THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY
EITHER:
(1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE
ACTIVITIES OF SUB-CONTRACTORS, OR
(2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS
EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE
COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE
OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME.
19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES
NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE
DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE
DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH
CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY.
SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE
DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND
VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS,
DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES.
20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR
IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT
AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND
THE APPLICATION OF SUCH PROVISIONS TO THE OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY. THE RIGHTS AND
REMEDIES PROVIDED HEREIN SHALL NOT BE EXCLUSIVE AND ARE IN
ADDITION TO ANY OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY.
20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER
CONTRACT 1740313, CONTRACTOR CERTIFIES AND AGREES THAT ALL PERSONS
EMPLOYED BY IT, ITS AFFILIATES, SUBSIDIARIES, OR HOLDING COMPANIES ARE
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AND WILL BE TREATED EQUALLY BY IT WITHOUT REGARD TO OR BECAUSE OF
RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX AND IN
COMPLIANCE WITH ALL ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF
AMERICA AND THE STATE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES
THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS WITHOUT
REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN,
DISABILITY OR SEX. VENDOR SHALL ALLOW THE COUNTY ACCESS TO ITS
EMPLOYMENT RECORDS DURING THE REGULAR BUSINESS HOURS TO VERIFY
COMPLIANCE WITH THESE PROVISIONS WHEN SO REQUESTED BY THE COUNTY.
IF THE COUNTY FINDS THAT ANY OF THE ABOVE PROVISIONS HAVE BEEN
VIOLATED, THE SAME SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT
40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE
TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT.
THE PARTIES AGREE THAT IN THE EVENT THE VENDOR VIOLATES THE
ANTI-DISCRIMINATION PROVISIONS OF THE PURCHASE ORDER, THE COUNTY
SHALL, AT ITS OPTION AND IN LIEU OF TERMINATION OR SUSPENDING THIS
PURCHASE ORDER AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES,
PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN
PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS.
21 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL
APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND
REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS,
OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY,
COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES
RESULTING FROM FAILURE OF COMPLIANCE.
22 FORCE MAJURE: NEITHER PARTY WILL BE LIABLE FOR DELAYS IN
PERFORMANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT
LIMITED TO, FIRE, FLOOD, ACT OF GOD OR RESTRICTION OF CIVIL OR
MILITARY AUTHORITY.
23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR
DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S
PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION
WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL
CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH
COUNTY MAY IMMEDIATELY TERMINATE THE PURCHASE ORDER IN ACCORDANCE
WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT.
COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD.
24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS
ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF
NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON.
COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER
AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT.
25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE
CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR.
26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED
27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR
MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR
COVENANT OF THIS PURCHASE ORDER OR TO EXERCISE ANY RIGHT HEREUNDER
SHALL NOT BE CONSTRUED AS A WAIVER OF THE FUTURE PERFORMANCE OF ANY
SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT
TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO
WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED
BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER.
28 ACCEPTANCE: UNLESS EXPLICITLY STATED BY COUNTY AS OTHERWISE,
COUNTY, MAY CONDUCT, AT ITS LOCATION OR ANY OTHER COUNTY DESIGNATED
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LOCATION AND AT ITS EXPENSE, AN INCOMING ACCEPTANCE TEST ON ALL ITEMS
PURCHASED HEREUNDER. THE ACCEPTANCE TEST PERIOD SHALL NOT EXCEED
THIRTY (30) DAYS FROM RECEIPT OF SUCH ITEM(S) BY COUNTY. COUNTY MAY,
AT ITS SOLE DISCRETION, REJECT ALL OR ANY PART OF ITEMS OR SERVICES
NOT CONFORMING TO THE REQUIREMENTS/SPECIFICATIONS STATED IN A PURCHASE
ORDER.
29 SPARE PARTS: VENDOR SHALL MAKE SPARE PARTS AVAILABLE TO COUNTY
FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY OF THE
ITEMS TO COUNTY. IF VENDOR IS UNABLE TO SO PROVIDE SPARE PARTS,
IT SHALL PROVIDE COUNTY WITH THE NAME(S) OF VENDOR'S SUPPLIERS SO
THAT COUNTY MAY ATTEMPT TO PROCURE SUCH UNAVAILABILITY, VENDOR
SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN
OBTAINING SPARE PARTS.
30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT AND ANY
ATTACHMENTS HERETO, CONSTITUTES THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE PARTIES WHICH SUPERSEDES ALL PREVIOUS AGREEMENTS,
WRITTEN OR ORAL, AND ALL COMMUNICATIONS BETWEEN THE PARTIES
RELATING TO THE SUBJECT MATTER HEREOF. THIS PURCHASE ORDER SHALL
NOT BE MODIFIED, SUPPLEMENTED, QUALIFIED OR INTERPRETED BY ANY
PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ANY USAGE OF
TRADE. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH
IN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER
DESIGNEE.
30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE
ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND
IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT,
PURCHASE ORDER AND HEREIN.
31 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING
IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS
NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE
RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE
OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND
AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES
OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER.
32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE
FACE HEREOF.
32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE:
VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND
CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY
AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO
CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE.
33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY
LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.010,
RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST
ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART
OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY
VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL
CONSTITUTE A MATERIAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT
UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THE PURCHASE
ORDER AND/OR AGREEMENT.
33A---CONSIDERATION OF HIRING GAIN PROGRAM PARTICIPANTS: SHOULD THE
VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE
DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION
FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF
THE PUBLIC SOCIAL SERVICES GREATER AVENUE FOR INDEPENDENCE (GAIN)
PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN
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POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR
WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN
PARTICIPANTS BY JOB CATEGORY TO VENDOR.
34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN
NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO
PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CONSIDERATION IN ANY
FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN
INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE
INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT
WITH RESPECT TO THE AWARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT
OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR 'S
PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH
TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES
AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR.
CONTRACTOR SHALL IMMEDIATELY REPORT ANY ATTEMPT BY A COUNTY OFFICER OR
EMPLOYEE TO SOLICIT SUCH IMPROPER CONSIDERATION. THE REPORT SHALL BE
MADE EITHER TO THE COUNTY MANAGER CHARGED WITH THE SUPERVISION OF THE
EMPLOYEE OR TO THE COUNTY AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE
AT 213.974.0914 OR 800.544.6861. IMPROPER CONSIDERATION MAY TAKE THE
FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION
OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE
PROMISE OF ANY OF THESE.
35 PARTICIPATING PUBLIC AGENCIES
COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN
CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL
DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION,
AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE
PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS
AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING
ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE.
THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER,
REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER.
PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING
OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES
AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A
PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH
PROCURING PARTY.
THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY
ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE
THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH
ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY
AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE
OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER
SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY.
THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY
MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY
OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT.
EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS
LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-1740313
AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY
ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE
PROVISIONS OF THIS MPA (EXCEPT FOR PRICING, DELIVERY, PASSAGE OF TITLE AND
RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS)
WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED
BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT
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WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND
PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE.
36 FREIGHT/SHIPPING CHARGES:
1) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES
DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE.
2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL
BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PRICE
QUOTE.
3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY
SHALL BE AT COUNTY EXPENSE.
37 PRICING AS PER ATTACHED:
1. EXHIBIT A _ 2017-2020 DATED JULY 1, 2017
38 WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM
CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL
INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH
CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND
UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON
COUNTY AND ITS TAXPAYERS.
UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS
AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND
DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES
COUNTY CODE CHAPTER 2.206.
39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN
PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX
REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT
LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION
OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF
NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR
PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206.
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STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-1740313-1 Page
12 12
The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or
districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided
herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California
under the constitution and laws of this state and are to be so construed.
PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a
price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and
deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at
prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles.
ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a
purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices,
specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and
in accordance with properly authorized changes agreed upon prior to consummation.
Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.
Vendor will incur payment problems.
County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less
than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards.
Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in
jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action
measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County
may terminate this agreement or impose other penaltiesas specified in this agreement.
CONTRACTOR RESPONSIBILITY AND DEBARMENT
1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity
and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors.
2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information
concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the
County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a
specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County.
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the
following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the
Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or
practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business
honesty, or (4) made or submitted a false claim against the County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the
evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing
before the Contractor Hearing Board.
5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/
or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor
Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be
debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit
evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal.
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6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented
to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and
recommendation of the Hearing Board.
PROHIBITION AGAINST USE OF CHILD LABOR
1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in
violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age
for Employment.
2. Upon request by COUNTY, identify the country/countries of origin of any products. goods, supplies or other personal property
bidder sells or supplies to COUNTY, and
VENDOR shall:
7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors.
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor
conventions.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY
are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant
source of supply.
Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order
or termination of this Agreement and award to an alternative vendor.
A. Jury Service Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service
Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY
are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant
source of supply.
B. Written Employee Jury Service policy.
1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the
Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service
Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its
Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This
policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct
from the Employee's regular pay the fees received for jury service.
2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the
County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-
month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time
employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a
recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the
County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall
be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement.
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3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a
continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall
immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if
Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written
policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale
discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury
service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program.
4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such
material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County
contracts for a period of time consistent with the seriousness of the breach.
PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase
Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract
services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.
Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County
Purchasing Agent.
ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the
prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and
void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally
approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the
Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county.
B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves
of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected
in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the
majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior
written consent of County in accordance with applicable provisions of this Agreement.
C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or
performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or
any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall
be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County
shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
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Master Purchase Agreement Pricing – Motorola
Los Angeles County
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EXHIBIT A
MA-IS-1740313 CONTRACT AGREEMENT PRICING
2017-2020
MOTOROLA COMMUNICATIONS EQUIPMENT & SERVICES
Motorola products & services discount percentages is listed below
Pricing for products & services listed below is located in Motorola
Product Catalog (ECAT)
Pricing shall be in accordance with Motorola Product Catalog (ECAT) and
any subsequent revisions and updates
New Products released between contract renewals will be offered to the
County with prevailing discounts. Motorola will revise Exhibit A to
included the new products
MOTOROLA PRODUCTS 2017- 2020
DISCOUNT
APX Personnel Accountability
APX Personnel Accountability Information
ASTRO 25 Infrastructure and Systems
Master Site 14.00%
Master Site ASTRO 7.5 Upgrade Add-On 14.00%
Master Site ASTRO 7.6 Upgrade Add-On 14.00%
Master Site ASTRO 7.7 Upgrade Add-On 14.00%
Master Site ASTRO 7.8 Upgrade Add-On 14.00%
Master Site ASTRO 7.9 Upgrade Add-On 14.00%
Master Site ASTRO 7.11 14.00%
Master Site ASTRO 7.11 Upgrade Add-On 14.00%
Master Site ASTRO 7.13 14.00%
Master Site ASTRO 7.13 Upgrade Add-On 14.00%
Master Site ASTRO 7.14 New 14.00%
Master Site ASTRO 7.14 Upg/Add 14.00%
Master Site ASTRO 7.15 New Add-On 14.00%
Master Site ASTRO 7.15 Upgrade 14.00%
ASTRO 25 Conventional K1/K2 14.00%
ASTRO 25 Conventional K1/K2 7.13 Core 14.00%
ASTRO 25 Conventional K1/K2 7.13 Upgrade Add-On 14.00%
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ASTRO 25 Conventional K1/K2 A7.14 Core 14.00%
ASTRO 25 Conventional K1/K2 A7.14 Upgrade Add-On 14.00%
ASTRO 25 Conventional 7.15 K-Core 14.00%
ASTRO 25 Conventional A7.15 K- Core Upgrade Add-On 14.00%
ASTRO 25 Trunking L1/L2 Core 14.00%
ASTRO 25 Trunking L1/L2 7.13 Core 14.00%
ASTRO 25 Trunking L1/L2 7.13 Upgrade Add-On 14.00%
ASTRO 25 Trunking L1/L2 7.14 Core 14.00%
ASTRO 25 Trunking L1/L2 7.14 Upgrade Add-On 14.00%
ASTRO 25 Trunking 7.15 L-Core 14.00%
ASTRO 25 Trunking 7.15 L-Core Upgrade Add-On 14.00%
Packet Data Gateway 14.00%
Packet Data Gateway (Rackmount-server based) 14.00%
Packet Data Gateway (HPD) 14.00%
High Performance Data Packet Data Gateway 14.00%
Enhanced Telephone Interconnect 14.00%
Network Fault Management 14.00%
GenWatch3 ATIA Based Solutions 14.00%
Remote Site
Site Controllers
MTC 9600 14.00%
PSC 9600 14.00%
GCP 8000 18.00%
GCP 8000 Software Upgrades 20.00%
Comparators
GCM 8000 15.00%
DIGITAC 15.00%
Base Stations / Repeaters
GTR 8000 Expandable Site Subsystem 20.00%
GTR 8000 Base Radio 20.00%
GTR 8000 Site Subsystem 20.00%
GTR 8000 Expandable Site Subsystem Chan Addition 20.00%
GTR 8000 Software Upgrades 20.00%
G-SERIES Hardware Upgrades 20.00%
QUANTAR 25.00%
QUANTAR High Power Boost Amplifier 25.00%
QUANTAR 6809 Trunking 25.00%
QUANTAR Intellirepeater Trunking 25.00%
QUANTAR Conventional Operations 25.00%
QUANTAR Cabinet and Rack Options 25.00%
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Los Angeles County
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QUANTAR General Options 25.00%
QUANTAR Kits and Accessories 25.00%
Receivers
GPW 8000 25.00%
ASTRO-TAC Receiver 25.00%
SmartX
Networking and Transport
Network Security ASTRO 7x Systems 15.00%
Switching and Routing Center 15.00%
Network Products LAN Switches / HUBS Models 15.00%
Network Products Routers / Gateways 15.00%
Network Products Terminal Servers 15.00%
Secure Solutions
ASTRO Digital Interface Unit (DIU) 14.00%
ASTRO DIU FLASHport Upgrade 14.00%
ASTRO DIU CM FLASHport UCM Upgrade 14.00%
ASTRO DIU Encryption Refurbished 14.00%
ASTRO DIU 3000 Refurbished 14.00%
Key Management Facility (KMF)
KMF (Integrated Trunking & Conventional) 14.00%
KMF Crypto Card FLASHport Upgrades 14.00%
KMF Small Fleet 14.00%
ASTRO 25 PDEG Encryption Unit 14.00%
CAI Data Encryption Module (CDEM) 14.00%
CRYTPR 2 Broadband IP Encryption Unit 14.00%
AME2000 14.00%
MGEG Crypto Card 14.00%
MVPN for APX 14.00%
Interoperability Solutions
ISSI.1 Network Gateway 5.00%
MOTOBRIDGE IP Interoperable Solution 15.00%
Data Applications
Location Solutions
ASTRO 25 Outdoor Location Solution Overview 5.00%
ASTRO 25 GPS Units 5.00%
ASTRO 25 Location APIs 5.00%
Tx Messenger 15.00%
Data Devices
HPD 1000 Modem 5.00%
HPD 1000 Modem Upgrade 5.00%
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Los Angeles County
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Site Equipment
RF Distribution Best Practices 0.00%
Battery Reverting Charger 10.00%
DC Power Systems 10.00%
Surge Protection Devices (SPDs) 10.00%
UPS 10.00%
Zetron Model 30 Worldpatch 10.00%
Antennas
Low Band PIM VHF 10.00%
Low Band PIM UHF 10.00%
800 MHz Low PIM 10.00%
Low Band 10.00%
VHF 10.00%
UHF 10.00%
700 MHz 10.00%
800 MHz 10.00%
900 MHz 10.00%
Circulators and Isolators
UHF 10.00%
Duplexers
VHF 10.00%
UHF 10.00%
800 MHz 10.00%
900 MHz 10.00%
Filters
800 MHz 10.00%
Receiver Multicouplers
VHF 10.00%
UHF 10.00%
800 MHz 10.00%
Transmitters and Combiners
VHF 10.00%
UHF 10.00%
700 MHz 10.00%
800 MHz 10.00%
Transmission Lines
Super Flex/Low Density Foam
1/2" Super Flex 10.00%
1/4" Super Flex 10.00%
3/8" LDF Foam Kits 10.00%
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July 01, 2017
1/2" LDF Foam Kits 10.00%
5/8" LDF Foam Kits 10.00%
7/8" AVA 10.00%
1-1/4 AVA 10.00%
1-5/8" Copper AVA Cable 10.00%
Aluminum Coaxial Cable
7/8" FXL Aluminum Cable 10.00%
1-5/8" FXL Aluminum Cable 10.00%
7/8" Aluminum 10.00%
1-5/8" Aluminum 10.00%
VXL Flexible Cables
7/8" Extra Flexible Coaxial Cable 10.00%
1-5/8" Extra Flexible Coaxial Cable 10.00%
1-1/4" Extra Flexible Coaxial Cable 10.00%
AirCell Cables
1/2" Transline Cable 10.00%
7/8" Transline Cable 10.00%
1-1/4" Transline Cable 10.00%
1-5/8" Transline Cable 10.00%
1/2" Radiating Cable 10.00%
7/8" Radiating Cable 10.00%
1-1/4" Radiating Cable 10.00%
1-5/8" Radiating Cable 10.00%
Conventional Simulcast Controller 20.00%
Rapid Deployment Infrastructure 15.00%
Advanced Messaging Solution
A1, A2, A3 Configurations 5.00%
Battery Monitoring 10.00%
Comparators
GCM 8000 Comparator 20.00%
ASTRO-TAC 3000 Comparator 20.00%
ASTRO-TAC 9600 Comparator 25.00%
DIGITAC Comparator 15.00%
MLC 8000 Comparator 20.00%
Data Applications & Video Solutions
MVX1000 In-Car Digital Video System
MVX1000 In-Car Digital Video System 0.00%
MVX1000 Digital Multimedia Mgmt System (DMMS) 0.00%
VIEVU LE3 On Body Camera 5.00%
Digital Patroller 2 (DP-2)
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July 01, 2017
DP-2 In-Car Products 0.00%
DP-2 Video Management System (Server) 0.00%
Automatic License Plate Recognition 5.00%
ALT1000 ALPR SURVEILLANCE TRAILER 5.00%
Fixed Automatic License Plate Recognition 5.00%
Intelligent Data Portal 5.00%
Optimized Video Security
Optimized Video Security Portfolio 0.00%
Mesh Camera Solutions 0.00%
Public Safety Applications 0.00%
RadioIP 0.00%
RIC 0.00%
Real Time Video Intelligence (RTVI) 0.00%
Real Time Crime Center (RTCC) 0.00%
Tx Messenger 0.00%
Data Devices
Rugged Mobile Computing Devices (ML and MW)
MW810 Mobile Workstation R2.0 (F5218) 0.00%
MW810 Mobile Workstation (F5208) 0.00%
ML910 Rugged Notebook Computer (Core Duo 1.66 GHz) 0.00%
Vehicular Radio Modem (VRM)
Vehicular Radio Modem 850 0.00%
Dispatch Solutions
Dispatch Computer Hardware 15.00%
Logging Solutions
Dual Instant Recall Recorder 5.00%
MCC 7500 IP Logging Recorder Products 5.00%
NICE Inform 5.00%
HDL Plus 5.00%
NICE NRX 5.00%
Verint Recording Solutions 15.00%
MC Series Desktop Controllers 15.00%
MCC 5500 Dispatch Console 10.00%
MCD 5000 Deskset System 20.00%
MIP 5000 IP Dispatch Console 20.00%
MKM 7000 Console Alias Manager 15.00%
Monitoring and Control Network 10.00%
Motorola MCC 7100 Dispatch Position 15.00%
Motorola MCC 7500 Products
MCC Series Accessories 15.00%
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Los Angeles County
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July 01, 2017
MCC 7500 Dispatch Consoles 15.00%
MCC 7500 Archiving Interface Servers 15.00%
MCC 7500 IP Logging Recorder Products 10.00%
MCC 7500 Conventional Channel Items 15.00%
MCC 7500 Aux I/O Items 10.00%
Servers, Workstations, OS and Ancillary Items
Digital Conventional Systems
IP Based Digital Conventional Systems 15.00%
Encoders
Information Only
Enterprise Applications
Information Only
Fire Station Alerting
FSA4000 15.00%
MACH Alert 15.00%
Fireground Solutions
Information Only
800MHz Simplex Operation - Frequency Translator 10.00%
Fixed Data Products
Fixed Data General Information
IRM 1500 5.00%
ACE 1000 RTU 5.00%
ACE 3600 RTU 5.00%
ACE Product Licenses 5.00%
MOSCAD RTU 15.00%
MOSCAD-L RTU 0.00%
MOSCAD-M RTU 0.00%
MOSCAD Toolbox 18.00%
IP Gateways & M-OPC 18.00%
Network Fault Management 18.00%
MDS Data Radios 15.00%
Fixed Network Equipment
Motorola Wireless Communication Sfwr II (MWCS II) 15.00%
MOTOBRIDGE IP Interoperable Solution 15.00%
MOTOMESH Quattro 0.00%
MOTOMESH Extension 0.00%
MOTOMESH Duo 0.00%
MOTOMESH Solo 0.00%
Private Data Systems Software Subscriptions 0.00%
Wireless Network Gateway - Rackmount Server-Based 15.00%
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Los Angeles County
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July 01, 2017
High Performance Data Packet Data Gateway 15.00%
WDE1000 2.4/4.9 802.11 PCMCIA Card 0.00%
Fixed Stations
CDR700/CDR500 Repeaters
QUANTAR
ASTRO-TAC Receiver25 25.00%
QUANTAR 25.00%
6809 Trunking 25.00%
Conventional Operations 25.00%
Cabinets and Racks Options 25.00%
General Options 25.00%
INTELLIREPEATER Trunking 25.00%
Kits and Accessories Options 25.00%
MTR2000 MOTOTRBO UPGRADE 25.00%
MTR3000 25.00%
GTR 8000 Expandable Site Subsystem 20.00%
GTR 8000 Base Radio 20.00%
GTR 8000 Site Subsystem 20.00%
GTR 8000 AND GCP 8000 SOFTWARE UPGRADE 20.00%
GTR 8000 EXPANDABLE SITE SUBSYSTEM CHAN ADDITION 20.00%
G-series Hardware Upgrades
Fixed Station Antenna Systems
Single Side Band
Single Side Band Antennas 10.00%
Transmission Lines
Super Flex/Low Density Foam
Transmission Line Info 10.00%
1/4" Super Flex 10.00%
1/2" Super Flex 10.00%
3/8" LDF Foam Kits 10.00%
1/2" LDF Foam Kits 10.00%
5/8" LDF Foam Kits 10.00%
7/8" AVA 10.00%
1-1/4 AVA 10.00%
1-5/8 AVA 10.00%
ALUMINUM COAXIAL CABLE
7/8" FXL Aluminum Cable 10.00%
1-5/8" FXL Aluminum Cable 10.00%
7/8 ALUMINUM 10.00%
1 5/8 ALUMINUM 10.00%
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Los Angeles County
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July 01, 2017
VXL FLEXIBLE CABLES 10.00%
7/8" Extra Flexible Coaxial Cable 10.00%
1-5/8" Extra Flexible Coaxial Cable 10.00%
1-1/4" Extra Flexible Coaxial Cable 10.00%
AirCell Cables
1/2" Transline Cable 10.00%
7/8" Transline Cable 10.00%
1-1/4" Transline Cable 10.00%
1-5/8" Transline Cable 10.00%
1/2" Radiating Cable 10.00%
7/8" Radiating Cable 10.00%
1-1/4" Radiating Cable 10.00%
1-5/8" Radiating Cable 10.00%
Fixed Wireless (Broadband)
RF Design Software
EnterprisePlanner 0.00%
SiteScanner 0.00%
LANPlanner 0.00%
MeshPlanner 0.00%
Private Broadband Networks 0.00%
One Point Wireless 0.00%
PTP (Point to Point) 0.00%
RAD Data Products 0.00%
PMP (Point to Multipoint) 0.00%
Wireless LAN 15.00%
Location Solutions
TRX Indoor Location 15.00%
ASTRO 25 Outdoor Location Solution Overview 15.00%
ASTRO 25 GPS Units 15.00%
ASTRO 25 Location APIs 15.00%
Military
APX7000L LTE 25.00%
SRX 2200 UHFR1 0.00%
SRX 2200 VHF 0.00%
SRX 2200 700/800 0.00%
Mobile Stations
Professional Commercial Radio (PCR) Information (Pricing in MOL)
MOTOTRBO™ Mobiles
XPR™ 2500 10.00%
XPR™ 4350 10.00%
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July 01, 2017
XPR™ 4550 10.00%
XPR™ 4580 SmartNet/Privacy Plus 10.00%
XPR™ 4380/4580 Digital 10.00%
XPR™ 5350/5380 10.00%
XPR™ 5550/5580 10.00%
XPR™ 8380/8400 10.00%
MOTOTRBO Mobile Accessories 10.00%
ASTRO Digital APX 8500 Mobile Radios
APX8500 Mobile Radio 27.00%
APX8500 Consolette
ASTRO Digital APX 7500 Mobile Radios
APX7500 Mobile Radio 27.00%
APX 7500 Consolette 27.00%
ASTRO Digital APX 6500 Mobile Radios
APX 6500 Mobile Radio 27.00%
APX 6500Li
APX 6500Li 27.00%
APX 4500
APX 4500 27.00%
APX Retrofit Kits
APX1500
APX1500 27.00%
DIGITAL VEHICULAR REPEATER
DIGITAL VEHICULAR REPEATER UHF 15.00%
DIGITAL VEHICULAR REPEATER 800 15.00%
DIGITAL VEHICULAR REPEATER 700 15.00%
DIGITAL VEHICULAR REPEATER VHF 15.00%
VRX1000 - VEHICLE RADIO EXTENDER 15.00%
PCRM
PM1500
VHF Models 10.00%
UHF Models 10.00%
CPS Programming Cables Information
Interoperability Solutions
ISSI.1 Network Gateway 5.00%
ISSI 8000 / CSSI 8000 Network Gateway 5.00%
Motobridge 15.00%
WAVE 5000 5.00%
00.00%
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July 01, 2017
Mobile Accessories
Mini Mag Antennas 20.00%
Parts Antennas 20.00%
Network Security (IA)
Network Security-IA (7.14 and prior) 15.00%
Network Security-IA (7.15 and beyond) 15.00%
Networking Products
Switching and Routing Center (7.13 and beyond) 15.00%
Modems and Modem Cards 15.00%
Network Products Routers/Gateways 15.00%
Network Products Channel Banks 15.00%
Network Products Digital Cross Connect Switches 15.00%
Network Products LAN Switches / HUBS Models 15.00%
Network Products Terminal Servers 0.00%
Network Products Time and Frequency 0.00%
Network Products WAN Switches 15.00%
PCR Paging
Professional Commercial Radio (PCR) Information (Pricing in MOL)
Minitor VI 10.00%
PassPort and LTR Infrastucture
TRIDENT Information
Programming over P25 (POP25)
POP25 information
Public Safety LTE
User Equipment (UE)
USB Modem 15.00%
VSM - Vehicular Subscriber Modem 15.00%
LEX-L10G 5.00%
LTE SIM Card 15.00%
LTE VML750 15.00%
LEX-F10 15.00%
LEX-L11 15.00%
Networking & Transport
EPC DNS/DHCP Appliance/NTP Server 5.00%
eNodeB L2 Switch (AC/DC Power) 5.00%
PTT L2/L3 Switch (AC Power) 5.00%
L2/L3 Aggregation Switch/Router (copper) 5.00%
Core MLX-4E 5.00%
L2/L3 Aggregation Switch/Router (fiber) 5.00%
L2/L3 Remote EPG Switch (fiber) 5.00%
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July 01, 2017
L2/L3 Remote EPG Switch (copper) 5.00%
Core CES2048X 5.00%
Security
Firewall Manager 5.00%
Core / EPC Firewall 5.00%
Agency and Regional Applications Firewall 5.00%
MSI Mobile VPN 14.00%
Mobile Virtual Private Network - MVPN 5.00%
Radio Access Network
Site Ancillary 5.00%
Antenna System 5.00%
eNodeB Band Class 14 5.00%
eNodeB Band Class 20 5.00%
RF Site Battery Backup System 5.00%
eNodeB Band Class 28 5.00%
Enhanced Packet Core
Converged Packet Gateway – CPG 5.00%
Subscriber & Policy Manager – SPM 5.00%
Mobility Management Equipment - MME 5.00%
Home Subscriber Service (HSS) 5.00%
Evolved Packet Gateway (EPG) 5.00%
Diameter Routing Agent – DRA 5.00%
Policy and Charging Rules Function - PCRF 5.00%
Operations & Maintenance 5.00%
Device Management Solutions 5.00%
Operations Support Platform 5.00%
Operations Support System for Radio & Core-OSSRC 5.00%
Application
Real Time Video Intelligence – RTVI 0.00%
Priority Management – PM 0.00%
Emergency Button / Quick Action Button 0.00%
Location Services 0.00%
Presence Services 0.00%
Radio Services / Radio Remote Control 0.00%
Public Safety PTT
Public Safety Push To Talk (PTT) 0.00%
Public Safety Push To Talk - PTT Server 0.00%
Public Safety LTE PTT Gateway 0.00%
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Portable Radiophones
Professional Commercial Radio (PCR) Information (Pricing in MOL)
MOTOTRBO™ Portables
XPR™ 3300 10.00%
XPR™ 3500 10.00%
XPR™ 6350 10.00%
XPR™ 6550 10.00%
XPR™ 6380/6580 SmartNet/Privacy Plus 10.00%
XPR™ 6380/6580 Digital 10.00%
XPR™ 7350/7380 10.00%
XPR™ 7550/7580 10.00%
SL 7550/7580/7590 10.00%
MOTOTRBO Portable Accessories 10.00%
APX 8000
APX 8000 27.00%
APX 8000 Accessories 20.00%
APX 8000XE
APX 8000XE 27.00%
APX 8000XE Accessories 20.00%
APX 7000
APX 7000 27.00%
APX 7000 Accessories 20.00%
APX 7000XE
APX 7000XE 27.00%
APX 7000XE Accessories 20.00%
APX 6000
APX 6000 700/800 MHz 27.00%
APX 6000 VHF 27.00%
APX 6000 UHF 27.00%
APX 6000 Accessories 20.00%
APX 6000XE
APX 6000XE 700/800 MHz 27.00%
APX 6000XE VHF 27.00%
APX 6000XE UHF 27.00%
APX 6000XE Accessories 20.00%
APX 6000Li
APX6000Li 700/800 27.00%
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July 01, 2017
APX6000Li UHF 27.00%
APX6000Li VHF 27.00%
APX6000Li Accessories 20.00%
APX 4000
APX 4000 700/800 27.00%
APX 4000 VHF 27.00%
APX 4000 UHF 27.00%
APX 4000 900 MHz 27.00%
APX 4000 Accessories 20.00%
APX 3000
APX 3000 700/800 27.00%
APX 3000 VHF 27.00%
APX 3000 UHF R1 27.00%
APX 3000 UHF R2 27.00%
APX 3000 Accessories 20.00%
APX1000
APX1000 700/800MHz 27.00%
APX1000 UHF 27.00%
APX1000VHF 27.00%
APX1000 900 MHz 27.00%
TRX Indoor Location
TRX Indoor Location 0.00%
XTS 5000 ACCESSORIES ONLY
XTS 5000 700/800 ACCESSORIES ONLY 15.00%
XTS 5000 VHF ACCESSORIES ONLY 15.00%
XTS 5000 UHF ACCESSORIES ONLY 15.00%
ASTRO Digital XTS 2500 ACCESSORIES ONLY
XTS 2500 700/800 MHz ACCESSORIES ONLY 15.00%
XTS 2500 900 MHz ACCESSORIES ONLY 15.00%
XTS 2500 VHF ACCESSORIES ONLY 15.00%
XTS 2500 UHF ACCESSORIES ONLY 15.00%
ASTRO Digital XTS 1500 ACCESSORIES ONLY
XTS1500 900 MHz ACCESSORIES ONLY 15.00%
XTS 1500 700/800 MHz ACCESSORIES ONLY 15.00%
XTS 1500 VHF ACCESORIES ONLY 15.00%
XTS 1500 UHF ACCESSORIES ONLY 15.00%
MT 1500 ACCESSORIES ONLY
MT 1500 800 MHz ACCESSORIES ONLY 15.00%
MT 1500 VHF ACCESSORIES ONLY 15.00%
MT 1500 UHF ACCESSORIES ONLY 15.00%
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Los Angeles County
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July 01, 2017
XTS 4000 ACCESSORIES ONLY
XTS4000 VHF ACCESSORIES ONLY 15.00%
XTS4000 UHF R1 ACCESSORIES ONLY 15.00%
MTVA & XTVA Accessories
Mobile Vehicular Adapter (MTVA) 20.00%
XTS Vehicular Adapter (XTVA) 20.00%
APX Transportable Base Station 22.00%
PR1500
PR1500 VHF 10.00%
PR1500 UHF 10.00%
Radio Applications
Pop25 for Trunking and Conventional Information
Presence Notifier Application Information
Advanced System Key 20.00%
Radioware Solutions
TX Application Software 0.00%
Receivers
GPW 8000 Receiver 20.00%
ASTRO TAC Receivers 0.00%
MTR 3000 Analog Receivers 25.00%
Secure Solutions
Key Variable Loader (KVL)
KVL 3000 Plus FLASHport Upgrade 14.00%
KVL 4000 14.00%
KVL 4000 FLASHport 14.00%
VPN
PSLTE VPN 14.00%
Services Solutions
Service Solutions Information
SmartX
SmartX 14.00%
APX Programming Software
APX Radio Management 20.00%
Software Upgrades/FLASHport
Lifecycle Products
Software Maintenance Agreement (SMA) 0.00%
System Upgrade Agreement (SUA) 0.00%
Infrastructure Software Upgrades/FLASHport
ASTRO-TAC FLASHport & Upgrades 20.00%
ASTRO-TAC Receiver Conventional Upgrades 20.00%
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Los Angeles County
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ASTRO-TAC Receiver Trunked Upgrade 20.00%
ASTRO-TAC & ASTRO-TAC 3000 FLASHport Upgrades 20.00%
QUANTAR Software & Hardware Upgrade 20.00%
Software Upgrades/FLASHport 20.00%
Software & Hardware Upgrades/FLASHport 20.00%
STR 3000 FLASHport 20.00%
Programming Software
Customer Programming Software 0.00%
Radio Service Software 0.00%
Subscriber Software Upgrades/FLASHport
MT 1500 SW FLASH 20.00%
XTS 1500 SW FLASH 20.00%
XTL 1500 SW FLASH 20.00%
XTS 2500 SW FLASH 20.00%
XTL 2500 SW FLASH 20.00%
XTL 5000 & Consolette SW FLASH 20.00%
XTS 5000 SW FLASH 20.00%
XTS/XTL New UCM KVL3000PLUS FLASH 20.00%
XTL/XTS5000, 2500, Consolett UCM KVL3000PLUS FLASH 20.00%
APX 7500 & Consolette SW FLASH 20.00%
APX 7000 SW FLASH 20.00%
APX 6500 SW FLASH 20.00%
APX 6500Li SW FLASH 20.00%
APX 6000 & APX 6000XE SW FLASH 20.00%
APX 6000Li SW FLASH 20.00%
APX 4000 SW FLASH 20.00%
APX 4500 SW FLASH 20.00%
APX Mobile/Portable MACE KVL4000 FLASH 20.00%
APX 3000 SW FLASH 20.00%
APX Mobile/Portable MACE KVL3000PLUS FLASH 20.00%
APX Mobile and Portable Firmware Refresh 20.00%
SRX 2200 SW FLASH 20.00%
Telephone Interconnect
Zetron Model 30 Worldpatch 10.00%
Enhanced Telephone Interconnect 14.00%
Text Messaging Services Solution
Text Messaging Services Solution 5.00%
Trunking Products and Systems
MTC 3600
MTC 3600 SMARTNET Single Site Controller 14.00%
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Los Angeles County
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MTC 3600 SMARTNET Simulcast Prime 14.00%
MTC 3600 SMARTNET Remote Site Controller 14.00%
MTC 3600 SmartZone Simulcast Prime Site 14.00%
MTC 3600 SmartZone ReSC 14.00%
MTC 3600 SmartZone Remote (Non-Simulcast) 14.00%
MTC 3600 Upgrades 14.00%
SmartZone Network Management & Controllers
4.1 Network Management System Upgrades 14.00%
MZC 5000 Zone Controller 14.00%
Simulcast Miscellaneous 14.00%
RF Modems for Site Lens/System Watch 0.00%
Site Lens 0.00%
Genesis
GenWatch3 Over The Air Based Solutions 15.00%
GenWatch3 ATIA Based Solutions 15.00%
SystemWatch II 3600 on XP 0.00%
Unified Network Services (UNS)
UNS 0.00%
UNS Expansions and Upgrades 0.00%
MotoMapping 0.00%
Replacement Parts, Radio Accessories, Batteries, Kits, and
Programming Tools
Contact Motorola Parts & Accessories Department (800 422 4210) for
price quotes. 20.00%
Non-Motorola Mfg. Items - Supply Chain Commodities
To order non manufactured items to support radio
products listed in Exhibit A discounts will be applied based on
15.00%
the following APC Codes 131, 207, 229, 417, 457, 515, 557, 708, 740,
854
Frieght/Shipping Charges - Details
1) Orders placed through the Motorola Parts &
Accessories Department will ship FOB destination, UPS ground.
2) Orders placed for radio and factory/manufactured
items shall be charged at 1.25% of the equipment total and added to
the price quote.
3) Expedited shipments via air (FedEx etc.) when
requested by County shall be at County expense.
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Line # Item Number Description Quantity Unit List Price Unit Sale Price Ext. Sale Price
APX™ 8000 Series
1 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODEL 3.5 69 $6,292.00 $4,593.16 $316,928.04
1a Q58AL ADD: 3Y ESSENTIAL SERVICE 69 $110.00 $110.00 $7,590.00
1b H35BT ADD: CONVENTIONAL OPERATION 69 $800.00 $584.00 $40,296.00
1c Q629AH ENH: AES ENCRYPTION 69 $475.00 $346.75 $23,925.75
1d QA05507AA DEL: DELETE 7/800 MHZ BAND 69 ‐$800.00 ‐$584.00 ‐$40,296.00
1e QA05508AA DEL: DELETE VHF BAND 69 ‐$800.00 ‐$584.00 ‐$40,296.00
1f Q806CB ADD: ASTRO DIGITAL CAI OPERATION 69 $515.00 $375.95 $25,940.55
2 NNTN8863A
CHARGER, SINGLE‐UNIT, IMPRES 2, 3A, 100‐240VAC, US/NA
PLUG 16 $187.00 $149.58 $2,393.28
3 NNTN8897A CHGR DESKTOP MULTI UNIT IMPRES 2 1 DISPLAY EXT PS US 12 $1,100.00 $879.89 $10,558.68
APX™ 8000 Series
4 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODEL 3.5 15 $6,292.00 $4,593.16 $68,897.40
4a Q806CB ADD: ASTRO DIGITAL CAI OPERATION 15 $515.00 $375.95 $5,639.25
4b Q58AL ADD: 3Y ESSENTIAL SERVICE 15 $110.00 $110.00 $1,650.00
4c H35BT ADD: CONVENTIONAL OPERATION 15 $800.00 $584.00 $8,760.00
4d QA05507AA DEL: DELETE 7/800 MHZ BAND 15 ‐$800.00 ‐$584.00 ‐$8,760.00
4e Q629AH ENH: AES ENCRYPTION 15 $475.00 $346.75 $5,201.25
Standalone Items
5 PMMN4099B
AUDIO ACCESSORY‐REMOTE SPEAKER MICROPHONE,IP68
REMOTE SPEAKER MICROPHONE,3.5MM,UL 88 $145.00 $115.99 $10,207.12
Standalone Items
6 HKVN4289A APX CPS DOWNLOAD ‐ CURRENT VERSION 1 $299.00 $284.05 $284.05
APX™ 6000 Series
7 H98KGH9PW7BN APX6000 VHF MHZ MODEL 3.5 PORTABLE 51 $3,455.00 $2,522.15 $128,629.65
7a QA02006AA ENH: APX6000XE RUGGED RADIO 51 $800.00 $584.00 $29,784.00
7b Q58AL ADD: 3Y ESSENTIAL SERVICE 51 $110.00 $110.00 $5,610.00
7c Q53AH ADD: FRONT PANEL PROGRAMMING & CLONING 51 $150.00 $109.50 $5,584.50
7d Q241BC ADD: ANALOG OPERATION 51 $0.00 $0.00 $0.00
7e H35BU ADD: CONVENTIONAL OPERATION 51 $500.00 $365.00 $18,615.00
7f QA01427AB ALT: IMPACT GREEN HOUSING 51 $25.00 $18.25 $930.75
8 LSV01S01034A DMSO ADVANCED RADIO MANAGEMENT 5 YEARS 135 $255.60 $148.12 $19,996.20
8A QA09001AB ADD: WIFI CAPABILITY 51 $300.00 $115.00 $5,865.00
8B LSV01S01030A SETUP/INSTRUCTOR ON SITE TRAINING 1 $2,250.00 $2,250.00 $2,250.00
Smart X discount ‐$13,034.56
9 NNTN8575A
AUDIO ACCESSORY‐REMOTE SPEAKER MICROPHONE,IMPRES
XE RSM XT CABLE GREEN 50 $538.00 $430.35 $21,517.50
10 NNTN8844A
CHARGER, MULTI‐UNIT, IMPRES 2, 6‐DISP, NA/LA‐PLUG, ACC
USB CHGR 5 $1,375.00 $1,099.86 $5,499.30
11 NNTN7624C CHARGER,CHR IMP VEH EXT NA/EU KIT 36 $472.00 $377.55 $13,591.80
12 PMNN4439A BATT CLAMPSHELL 3000T 47 $104.00 $83.19 $3,909.93
13 NNTN8930A
BATTERY PACK,LITHIUM ION,BATT IMPRES 2 LIION TIA4950 R
IP68 2650T 10 $59.00 $47.19 $471.90
14 NAR6593A ANT,HLCL,136MHZ MIN,1.577GHZ MAX,‐7 23 $38.00 $30.40 $699.20
Billing Address:Shipping Address: Quote Date: 2‐25‐2020
SAN LUIS OBISPO, CITY OF
City of San Luis Obispo SAN LUIS OBISPO, CITY Expiration Date: 5‐25‐2020
990 Palm Street 990 Palm Street Quote Created By:
SAN LUIS OBISPO CA, 93401 SAN LUIS OBISPO CA, Joe Warner
Joseph.Warner@motorolasolutions.com
312‐204‐9300
Customer:
SAN LUIS OBISPO, CITY OF
Miguel Guardado
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Standalone Items
16 T8476B KVL 5000 1 $6,000.00 $4,380.00 $4,380.00
16a CA00182AW ADD: AES ENCRYPTION SOFTWARE 1 $0.00 $0.00 $0.00
16b CA03358AA ADD: ASTRO 25 MODE 1 $0.00 $0.00 $0.00
16c CA03467AA ADD: NORTH AMERICA MICRO USB CHARGER 100/240V 1 $0.00 $0.00 $0.00
16d PMKN4012B PORTABLE PROGRAMMING CABLE 1 $77.00 $61.60 $61.60
16e PMNN4549A BATT IMPRES 2 LIION 2925T 1 $80.00 $58.40 $58.40
16f CB000262A01 CABLE,MICRO USB PROGRAMMING CABLE 1 $10.00 $8.00 $8.00
17 Incentive Incentive Discount based on PO by 5/25/2020 1 ‐$102,699.00 ‐$102,699.00 ‐$102,699.00
Net Total $590,648.54
Estimated Tax $45,591.32
Estimated Freight $0.00
Grand Total $636,239.86
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R ______
RESOLUTION NO. ____ -2020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING LEASE NO. 24831 BETWEEN
THE CITY OF SAN LUIS OBISPO AND MOTOROLA SOLUTIONS INC.,
APPROVING SAME AND AUTHORIZING STAFF TO EXECUTE AND
DELIVER THE LEASE ON THE CITY’S BEHALF
WHEREAS, the City Council of the City of San Luis Obispo duy called and noticed a
reguar meeting of the City Council on May 5, 2020; and
WHEREAS, the City Council of the City of San Luis Obispo has determined that a true
and very real need exists for the acquisition of the Equipment or other personal property
described in the Lease between City of San Luis Obispo and Motorola Solutions, Inc.; and
WHEREAS, the City Council of the City of San Lusi Obispo has determined that the
Lease, substantially in the form presented to this meeting, is in the best interests of the City of
San Luis Obispo for the acquisition of such Equipment or other personal property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council of the City of San Luis Obispo finds: The
above statements are true.
SECTION 2. Action: Based on the above findings and evidence submitted in support
thereof, the City Council of the City of San Luis Obispo hereby approves the entering into of the
Lease by the City and hereby designates and authorizes the following person(s) referenced in the
Lease to execute and deliver the Lease on the City’s behalf with such changes thereto as such
person deems appropriate, and any related documents, including any escrow agreement,
necessary to the consummation of the transactions contemplated by the Lease.
Upon motion of ______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
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Resolution No. _____ (2020 Series) Page 2
R ______
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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4/22/20
City of San Luis Obispo
990 Palm Street
San Luis Obispo CA 93401
RE: Municipal Lease # 24831
Enclosed for your review, please find the Municipal Lease documentation in connection with the [radio
equipment] to be leased from Motorola. The interest rate and payment streams outlined in Equipment
Lease-Purchase Agreement #24831 are valid for contracts that are executed and returned to Motorola on
or before May 15, 2020. After 5/15/20, the Lessor reserves the option to re-quote and re-price the
transaction based on current market interest rates.
Please have the documents executed where indicated and forward the documents to the following address:
Motorola Solutions Credit Company LLC
Attn: Bill Stancik / 44th Floor
500 W. Monroe
Chicago IL 60661
Should you have any questions, please contact me at 847-538-4531.
Thank You,
MOTOROLA SOLUTIONS CREDIT COMPANY LLC
Bill Stancik
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LESSEE FACT SHEET
Please help Motorola provide excellent billing service by providing the following information:
1. Complete Billing Address City of San Luis Obispo
_________________________________________
E-mail Address: _________________________________________
Attention: _________________________________________
Phone: _________________________________________
2. Lessee County Location: _________________________________________
3. Federal Tax I.D. Number _________________________________________
4. Purchase Order Number to be referenced on invoice (if necessary) or other “descriptions” that may
assist in determining the applicable cost center or department: ________________________
5. Equipment description that you would like to appear on your
invoicing:_________________________________________
Appropriate Contact for Documentation / System Acceptance Follow-up:
6. Appropriate Contact & _______________________________________
Mailing Address
_______________________________________
_________________________________________
_________________________________________
Phone: _________________________________________
Fax: __________________________________________
7. Payment remit to address: Motorola Solutions Credit Company LLC
P.O. Box 71132
Chicago IL 60694-1132
Thank you
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EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease Number: 24831
LESSEE: LESSOR:
City of San Luis Obispo Motorola Solutions, Inc.
990 Palm Street 500 W. Monroe
San Luis Obispo CA 93401 Chicago IL 60661
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment and/or software described in
Schedule A attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment
Lease-Purchase Agreement ("Lease").
1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this
Lease will commence on date specified in Schedule A attached heretoand unless terminated according to terms
hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date
set forth in Schedule B attached hereto ("Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called),
including the interest portion , in the amounts specified in Schedule B. The Lease Payments will be payable without
notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time
designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter
on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from
the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section
5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off,
defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be
obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that a request for
appropriation for funds from which the Lease Payments may be made will be requested each fiscal period, including
making provisions for such payment to the extent necessary in each budget submitted for the purpose of obtaining
funding. It is Lessee's intent to make Lease Payment for the full Lease Term if funds are legally available therefor
and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or
proprietary functions essential to its proper, efficient and economic operation.
3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at
the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has
been delivered and is operational. Lessee will evidence its acceptance of the Equipment either (a) by executing and
delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor; or (b) by executing and
delivering the form of acceptance provided for in the Contract (as defined in section 4.).
4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased
hereunder is being manufactured and installed by Lessor pursuant to contract (the "Contract") covering the
Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell
and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee").
LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT,
LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER,
AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE
"AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH
LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE
ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE
LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY
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DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.
NOTHING CONTAINED HEREIN SHALL PRECLUDE THE LESSEE FROM ENFORCING THE 3 YEAR
ESSENTIAL WARRANTY BASED OFF QUOTE SLO RADIO PACKAGE 2020 AGAINST MOTOROLA
SOLUTIONS, INC. AS THE EQUIPMENT VENDOR.
Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the
Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions
of other third parties).
5. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the
contrary, Lessee has the right to not appropriate funds to make Lease Payments required hereunder in any fiscal
period and in the event no funds are appropriated or in the event funds appropriated by Lessee's governing body or
otherwise available by any lawful means whatsoever in any fiscal period of Lessee for Lease Payments or other
amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to
the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated
and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such
occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to
Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer
specifications and freight prepaid and insured to any location in the continental United States designated by Lessor.
Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Non-
appropriation of funds shall not constitute a default hereunder for purposes of Section 16.
6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or
a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of
the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue
Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance
by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this
Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v)
Lessee will comply with the information reporting requirements of Section 149(e) of the Internal Revenue Code of
1986 (the "Code"), and such compliance shall include but not be limited to the execution of information statements
requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act
allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do
or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity
bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which
will cause, or by omission of any act allow, the interest portion of the Lease Payment to be or become includible in
gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own,
use and operate the Equipment during the Lease Term.
Lessee represents, covenants and warrants that: (i) it will do or cause to be done all things necessary to
preserve and keep the Lease in full force and effect, (ii) it has complied with all laws relative to public bidding
where necessary, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder
for the current fiscal period.
If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may
become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event,
notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly
after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount
determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without
limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be
conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable
by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds.
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It is Lessor’s and Lessee’s intention that this Agreement not constitute a “true” lease for federal income tax
purposes and, therefore, it is Lessor’s and Lessee’s intention that Lessee be considered the owner of the Equipment
for federal income tax purposes.
7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee
hereunder, title to the Equipment will vest in Lessee subject to any applicable license; provided, however, that (i) in
the event of termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event of
Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase option
has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee, and Lessee
shall immediately discontinue use of the Equipment, remove the Equipment from Lessee’s computers and other
electronic devices and deliver the Equipment to Lessor or its Assignee. In order to secure all of its obligations
hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest
of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any
proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security
interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments
necessary or appropriate to evidence such security interest.
8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the
manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies, the Contract, any
licensing or other agreement, and regulations relating to, and will pay all costs, claims, damages, fees and charges
arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment
in good repair and furnish and/or install all parts, mechanisms, updates, upgrades and devices required therefor.
9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the
Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily
removed without damage to the Equipment.
10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment
consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's
prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment
Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation.
11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and
encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state
and federal) which may now or hereafter be imposed upon the ownership, licensing, leasing, rental, sale, purchase,
possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails
to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges
and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written
demand.
12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to
the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor
unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any
other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place
the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor
determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair (an “Event of Loss”) ,
Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next
Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease,
including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid
during the Lease Term as set forth in Schedule B.
In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment,
Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in
Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss,
subject to the City’s annual budget appropriation limit as set forth by the City Council .
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13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and
extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts,
covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent,
Lessee may self-insure against any or all such risks. All insurance covering loss of or damage to the Equipment
shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such
Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name
Lessee as an insured and Lessor or it’s Assigns as an additional insured, and will contain a clause requiring the
insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the
cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or it’s Assigns as their
interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver
to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee
will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident
involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to
Lessor all information and documentation relating thereto.
14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against,
and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including
attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection,
purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of claims under
insurance policies thereon.
15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign,
transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or
any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone
other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the
Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this
Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this
Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of
abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or
reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until
Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided,
however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of
certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall
have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in
effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form
necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time
promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but
Lessee will acknowledge such assignments in writing if so requested.
After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in
any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the
Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee
hereunder.
16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any
one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it
becomes due in accordance with the terms of the Lease when funds have been appropriated sufficient for such
purpose, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or
observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is
not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any
statement, representation, or warranty made by Lessee in this Lease or in writing delivered by Lessee pursuant
hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under
any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a
receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments
shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an
attachment, levy or execution is threatened or levied upon or against the Equipment.
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17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is
continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to
Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal period
in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately
due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's
expense, promptly discontinue use of the Equipment, remove the Equipment from all of Lessee’s computers and
electronic devices, return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its
option, may enter upon the premises where the Equipment is located and take immediate possession of and remove
the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease
Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the
difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant
to such sale, lease or sublease and the amounts payable by Lessee hereunder; (iv) promptly return the Equipment to
Lessor in the manner set forth in Section 5 hereof; and (v) exercise any other right, remedy or privilege which may
be available to it under applicable laws of the state of the Equipment Location or any other applicable law or
proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this
Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all
covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs,
incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available
to Lessor.
18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and
provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or
both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the
Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together
with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase
conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without
warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor.
19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified
mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may
provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent
to such mailing.
20. SECTION HEADINGS. All section headings contained herein are for the convenience of
reference only and are not intended to define or limit the scope of any provision of this Lease.
21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the
laws of, the state of the Equipment Location.
22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by
Lessor, such other documents and information as are reasonably necessary with respect to the transaction
contemplated by this Lease.
23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease-
Purchase Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds, Certificate of
Incumbency, Certified Lessee Resolution (if any), Information Return for Tax-Exempt Governmental Obligations
and the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments
executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with
respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except
with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be
ineffective to the extent of such prohibition without invalidating the remainder of the Lease.
The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate
as a waiver of any subsequent breach thereof.
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24. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, either
electronically or manually, all of which shall constitute but one and the same instrument. Lessor reserves the right to
request receipt of a manually-executed counterpart from Lessee. Lessor and Lessee agree that the onl y original
counterpart for purposes of perfection by possession shall be the original counterpart manually executed by Lessor
and identified as “Original”, regardless of whether Lessee’s execution or delivery of said counterpart is done
manually or electronically.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the _____ day of May, 2020.
LESSEE: LESSOR:
City of San Luis Obispo MOTOROLA SOLUTIONS, INC.
By:___________________________ By:_____________________________
Title:__________________________ Title Treasurer
CERTIFICATE OF INCUMBENCY
I, ______________________________________ do hereby certify that I am the duly elected or
(Printed Name of Secretary/Clerk )
appointed and acting Secretary or Clerk of t he City of San Luis Obispo, an entity duly organized and existing
under the laws of the State of California that I have custody of the records of such entity, and that, as of the date
hereof, the individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such entity
holding the office(s) below his/her/their respective name(s). I further certify that (i) the signature(s) set forth above
his/her/their respective name(s) and title(s) is/are his/her/their true and authentic signature(s) and (ii) such officer(s)
have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement
number24831, between City of San Luis Obispo and Motorola Solutions, Inc. If the initial insurance
requirement on Schedule B exceeds $1,000,000,attached as part of the Equipment Lease Purchase Agreement is a
Certified Lessee Resolution adopted by the governing body of the entity.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of City of San Luis Obispo, hereto
this ______ day of May, 2020.
By: ______________________________________ SEAL
(Signature of Secretary/Clerk)
OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement 24831 by and between Motorola
Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the
Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the
Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of
the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a
legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has
sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of
the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State
law. This opinion may be relied upon by the Lessor and any assignee of the Lessor’s rights under the Lease.
______________________________________________________________________
Attorney for City of San Luis Obispo
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
SCHEDULE A
EQUIPMENT LEASE-PURCHASE AGREEMENT
Schedule A
Lease Number:
24831
This Equipment Schedule is hereby attached to and made a part of that certain Equipment
Lease-Purchase Agreement Number 24831 ("Lease"), between Lessor and Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby
accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms
and conditions set forth in the Lease and upon the terms set forth below, the following items of
Equipment
QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.)
Refer to attached Equipment List.
Equipment Location:
Initial Term: 36 Months Commencement Date: 6/1/2020
First Payment Due Date: 6/1/2021
3 annual payments as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable
on the Lease Payment Dates set forth in Schedule B.
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
City of San Luis Obispo (Schedule B)
Compound Period:Annual
Nominal Annual Rate:0.000% first year
Nominal Annual Rate:2.660% remaining term
CASH FLOW DATA
Event Date Amount Number Period End Date
1 Lease 6/1/2020 636,239.86$ 1
2 Lease Payment 6/1/2021 217,671.27$ 1
3 Rate Change 6/1/2021 Rate: 2.660 % Compounding: Annual
4 Lease Payment 6/1/2022 217,671.27$ 2 Annual 6/1/2023
AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year
Date Lease Payment Interest Principal Balance
Lease 6/1/2020 636,239.86$
1 6/1/2021 217,671.27$ -$ 217,671.27$ 418,568.59$
6/1/2021 Rate: 2.66% Compounding: Annual
2 6/1/2022 217,671.27$ 11,133.92$ 206,537.35$ 212,031.24$
3 6/1/2023 217,671.27$ 5,640.03$ 212,031.24$ -$
Grand Totals 653,013.81$ 16,773.95$ 636,239.86$
ORIGINAL ISSUE DISCOUNT:
Lessee acknowledges that the amount financed by Lessor is $619,754.39 and that such amount is the issue price for this Lease
Payment Schedule for federal income tax purposes. The difference between the principal amount of this Lease Payment
Schedule and the issue price is original issue discount as defined in Section 1288 of the Code. The yield for this Lease
Payment Schedule for federal income tax purposes is 2.66%. Such issue price and yield will be stated in the applicable Form
8038-G.
INITIAL INSURANCE REQUIREMENT: $636,239.856
Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its
assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the
above payment schedule.
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EVIDENCE OF INSURANCE
Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on
Schedule A number 24831 to that Equipment Lease Purchase Agreement number 24831 will be
maintained by the City of San Luis Obispoas stated in the Equipment Lease Purchase Agreement.
This insurance is provided by:
_____________________________________________________
Name of insurance provider
_____________________________________________________
Address of insurance provider
_____________________________________________________
City, State and Zip Code
_____________________________________________________
Phone number of local insurance provider
_____________________________________________________
E-mail address
In accordance with the Equipment Lease Purchase Agreement Number 24831 , City of San Luis Obispo
, hereby certifies that following coverage are or will be in full force and effect:
Type Amount Effective Expiration Policy
Date Date Number
Fire and Extended Coverage __________ __________ __________ _____________________
Property Damage __________ __________ __________ _____________________
Public Liability __________ __________ __________ _____________________
Certificate shall include the following:
Description: All Equipment listed on Schedule A number 24831 to that Equipment Lease Purchase
Agreement number 24831. Please include equipment cost equal to the Initial Insurance Requirement on
Schedule B to Equipment Lease Purchase Agreement number 24831 and list any deductibles.
Certificate Holder:
MOTOROLA SOLUTIONS, INC. and or its assignee as additional insured and loss payee
1303 E. Algonquin Road
Schaumburg, IL 60196
If self insured, contact Motorola representative for template of self insurance letter.
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS
To further understand the essential governmental use intended for the equipment together with
an understanding of the sources from which payments will be made, please address the following
questions by completing this form or by sending a separate letter:
1. What is the specific use of the equipment?
2. Why is the equipment essential to the operation of City of San Luis Obispo?
3. Does the equipment replace existing equipment?
If so, why is the replacement being made?
4. Is there a specific cost justification for the new equipment?
If yes, please attach outline of justification.
5. What is the expected source of funds for the payments due under the Lease for
the current fiscal year and future fiscal years?
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY
AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below (“Equipment”) and Lessee
hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the
Equipment Lease Purchase Agreement executed by Lessee and Lessor.
Equipment Lease Purchase Agreement No.: 24831 Lease Schedule A No. : 24831
EQUIPMENT INFORMATION
QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
24831. See Schedule A for a detailed Equipment
List.
LESSEE:
City of San Luis Obispo
By: ______________________________________
Date: ____________________________________
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
CERTIFIED LESSEE RESOLUTION
At a duly called meeting of the Governing Body of the Lessee (as defined in Lease 24831) held
on May________, 2020, the following resolution was introduced and adopted.
BE IT RESOLVED by the Governing Board of Lessee as follows:
1. Determination of Need. The Governing Body of Lessee has determined that a true and
very real need exists for the acquisition of the Equipment or other personal property
described in the Lease between City of San Luis Obispo(Lessee) and Motorola Solutions,
Inc. (Lessor).
2. Approval and Authorization. The Governing body of Lessee has determined that the
Lease, substantially in the form presented to this meeting, is in the best interests of the
Lessee for the acquisition of such Equipment or other personal property, and the
Governing Board hereby approves the entering into of the Lease by the Lessee and
hereby designates and authorizes the following person(s) referenced in the Lease to
execute and deliver the Lease on Lessee’s behalf with such changes thereto as such
person deems appropriate, and any related documents, including any escrow agreement,
necessary to the consummation of the transactions contemplated by the Lease.
3. Adoption of Resolution. The signatures in the Lease from the designated individuals for
the Governing Body of the Lessee evidence the adoption by the Governing Body of this
Resolution.
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
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Department
Administration & Information Technology
Fiscal Officer Date
Lynn Wilwand 4/21/2020
Department Head Date
Greg Hermann 4/21/2020
Cost Center and Account Title Fund Cost Center Account Amount
-
Cost Center and Account Title Fund Cost Center Account Amount
Info Tech undesignated capital 403 9501 71501 (9,337.00)
Info Tech undesignated capital 403 9501 7003 9,337.00
-
Project Title Award Project Task Amount
Public Safety Portable Radio Replacment 91583 9,337.00
9,337.00
Account Title Fund Cost Center Account Amount
-
Accounting Date
Budget Manager or Finance Director Date
Posted By Date Period
BUDGET AMENDMENT REQUEST
CHANGE TO FUND BALANCE, WORKING CAPITAL OR DESIGNATION
PROJECTS AND AWARDS
EXPENDITURES AND TRANSFERS OUT
REVENUES AND TRANSFERS IN
PURPOSE
To transfer funds per Radio Replacements CAR 4/21/20
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Department Name: Human Resources
Cost Center: 3001
For Agenda of: May 5, 2020
Placement: Business Item
Estimated Time: 10 Minutes
FROM: Monica Irons, Human Resources Director
Prepared By: Brittani Roltgen, Human Resources Analyst
SUBJECT: SECOND READING OF ORDINANCE NO. 1680 (2020 SERIES)
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM TO PROVIDE SECTION 20516 (COST
SHARING)
RECOMMENDATION
Adopt Ordinance No. 1680 (2020 Series) (Attachment A) authorizing an amendment to the
contract between the Board of Administration of the California Public Employees’ Retirement
System (CalPERS) and the City of San Luis Obispo (Attachment B).
DISCUSSION
Background
On April 17, 2018, the City Council adopted a Fiscal Health Response Plan (FHRP) that outlines
actions through fiscal year 2020-21 aimed at closing an approximate $8.9 million budget gap due
to CalPERS discount rate reductions resulting in increasing retirement costs to agencies. The
FHRP anticipated employee concessions equaling $1.9M by fiscal year 2020-21. The City’s
focus and primary concession interests included achieving three-year successor agreements with
employee groups that provide certainty around compensation costs during the FHRP term,
increased employee contributions to retirement costs, and maintaining competitive wages and
benefits to support recruitment and retention objectives.
Status of Negotiations
The City has made significant progress in achieving the employee concession goal as outlined in
the FHRP. Memoranda of Agreement, which include modest cost of living increases offset by
employees paying more towards retirement costs in 2019 and 2020, were negotiated and
approved by Council with the Police Officers Association (POA), San Luis Obispo Police Staff
Officers Association (SLOPSOA), and the International Association of Firefighters, Local 3523
(Fire). Resolutions governing unrepresented management, department heads, appointed officials
and confidential employees also included modest cost of living increases offset by employees
paying more towards retirement costs in 2019 and 2020. These memoranda include a phased
approach of retirement cost-sharing, with 1.5% taking effect the first full pay period in July
2019, and an additional 1.5% scheduled to take effect the first full pay period in July 2020.
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Previous Council Action
On May 7, 2019, Council adopted Ordinance No. 1660 (2019 Series) authorizing an amendment
to the contract between the Board of Administration of the California Public Employees’
Retirement System (CalPERS) and the City of San Luis Obispo. This contract amendment
authorized CalPERS to reduce the required employer contribution by 1.5% and increase the
employee contribution by 1.5%.
All employees currently pay the full employee contribution and the additional contributions
agreed to are listed in the chart below:
Police (Sworn) Employee Contribution Levels to PERS Retirement
(Percent of Salary)
Safety PERS Tier Current Jul-20
Tier 1 (3% @ 50) 13.50% 15%
Tier 2 (2% @ 50) 13.50% 15%
Tier 3 (2.7% @ 57) 14.25% 15.75%
Police (Non-Sworn) Employee Contribution Levels to PERS Retirement
(Percent of Salary)
Miscellaneous PERS Tier Current Jul-20
Tier 1 (2.7% @ 55) 12.50% 14%
Tier 2 (2% @ 60) 12.50% 14%
Tier 3 (2% @ 62) 8.50% 10%
Fire (Sworn) Employee Contribution Levels to PERS Retirement
Safety PERS Tier Current Jul-20
Tier 1 (3% @ 50) 10.50% 12%
Tier 2 (2% @ 50) 10.50% 12%
Tier 3 (2.7% @ 57) 14.25% 15.75%
Employee Contribution Levels (includes appointed officials, department heads,
unrepresented management, unrepresented confidential and non -sworn fire employees)
to PERS Retirement
Miscellaneous PERS Tier Current Jul-20
Tier 1 (2.7% @ 55) 9.50% 11%
Tier 2 (2% @ 60) 8.50% 10%
Tier 3 (2% @ 62) 8.50% 10%
The City is currently in negotiations with San Luis Obispo City Employees Association
(SLOCEA), whose Memorandum of Agreement expired on June 30th, 2019 and who are not
making any additional contributions to CalPERS.
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Cost Sharing of Employer Pension Costs
Additional employee contributions toward the employer’s normal costs are allowed by CalPERS
under section 20516 (Cost Sharing) of the Public Employees Retirement Law (PERL), which is
codified in the California Government Code. If employees agree to cost sharing, Section 20516
allows for additional contributions to be made based on the Memorandum of Agreement or
through a contract amendment with CalPERS. Additional contributions made through
Memorandum of Agreements without a contract amendment with CalPERS will not be credited
to the employee account and CalPERS will not make an adjustment to the employee contribution
rate in future actuarial reports. If there is agreement for additional contributions through contract
amendment, CalPERS will lower the City contribution percentage and increase the employee
contribution percentage by the agreed amount, and this will be reflected in future billings and
actuarial reports. The additional employee contributions made under the contract amendment
would be applied to the employee’s retirement account.
The Police Officers Association (POA) and San Luis Obispo Police Staff Officers Association
(SLOPSOA) negotiated cost sharing to be based on the Memorandum of Agreement and not
through a contract amendment. Fire, Unrepresented Management, and Unrepresented
Confidential Employees agreed to pay the additional contributions through a contract
amendment with CalPERS.
Amending Contract with CalPERS
There are two main steps the City must undertake to complete the contract amendment with
CalPERS:
1. Approve a Resolution of Intention to amend the contract.
Resolution No. 11092 (2020 Series) was approved by Council on March 7, 2020. This
Resolution of Intention was submitted to CalPERS on March 18, 2020, which allowed
CalPERS staff authority to finalize draft contract language.
2. Adopt an Ordinance.
City Council introduced Ordinance No. 1680 (2020 Series) on March 7, 2020 authorizing an
amendment to the contract between the City of San Luis Obispo and CalPERS. More than
20 days have passed since the Resolution No. 11092 (2020 Series) was adopted by Council
on March 7, 2020 and the first reading of Ordinance No. 1680 (2020 Series), in accordance
with Government Code Section 20471. This constitutes the second reading of the ordinance
amending the current contract. Upon adoption by Council, the contract with CalPERS will
be amended and the cost sharing will go into effect at the start of the first full pay period in
July 2020.
Policy Context
City Council adopted the FHRP on April 17, 2018 which assumed additional employee
contributions toward retirement costs. City Council adopted Resolution 11092 (2020 Series)
authorizing CalPERS to proceed with draft contract amendment.
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Public Engagement
The City met with employee groups and agreed to the CalPERS contract amendment. The
Council approved the Memorandum of Agreement with the International Association of
Firefighters, Local 3523 (Fire) and resolutions governing unrepresented management,
department heads, appointed officials and confidential employees.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-2021 and ongoing
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding Request
Remaining
Balance
Annual Ongoing
Cost
General Fund ($685,156)
State
Federal
Fees
Other:
Total ($685,186)
CalPERS will reduce the required employer contribution by 1.5% which will result in an
ongoing savings of approximately $685,156 for Fire, POA, SLOPSOA, and the Unrepresented
Management and Confidential groups by the end of fiscal year 2020-2021. These savings are
part of the FHRP’s strategy to close the $8.9M budget gap.
ALTERNATIVES
Do not approve the resolution and ordinance. This alternative is not recommended since this
change was approved by Resolutions and negotiated Memorandums of Agreement with employee
groups and failure to amend the contract with CalPERS would place the City in violation of those
agreements.
Attachments:
a - Ordinance No. 1680 (2020 Series)
b - Contract Amendment
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O 1680
ORDINANCE NO. 1680 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
WHEREAS, the City of San Luis Obispo has contracted with the California Public
Employees’ Retirement System (CalPERS) for retirement benefits for its sworn Police Safet y,
sworn Fire Safety and Miscellaneous employees since July 1, 1952; and
WHEREAS, over the years, the City has amended its retirement benefit structure to reflect
changes as negotiated during the meet-and-confer process with each bargaining group; and
WHEREAS, the City acted to ensure the retirement pension system is sustainable and
amended the retirement contract to provide reduced benefit second tier retirement formulas for all
employee groups; and
WHEREAS, City employees committed to ensure their retirement pension system is
sustainable by paying their full member contributions as established in the Public Employee
Retirement Law; and
WHEREAS, City Council approved Resolution 10919 ratifying the memorandum of
agreement between the City and the San Luis Obispo Firefighters Local 3523 and authorized an
increase to the employee contribution to CalPERS as allowed in Government Code section 20516
to contribute an additional one and one-half percent (1.5%) toward their retirement costs; and
WHEREAS, City Council approved Resolution 10920 regarding compensation and
benefits for appointed officials, department heads, and management employees and authorized an
increase to the employee contribution to CalPERS, as allowed in Government Code section 20516,
to contribute an additional one and one-half percent (1.5%) toward their retirement costs; and
WHEREAS, City Council approved Resolution 10953 regarding compensation and
benefits for unrepresented confidential employees and authorized an increase to the employee
contribution to CalPERS as allowed in Government Code section 20516 to contribute an additional
one and one-half percent (1.5%) toward their retirement costs; and
WHEREAS, the increased employee contribution for these employee groups would be
effective the first full pay period of July 2020; and
WHEREAS, the City is amending its contract with CalPERS to provide that, pursuant to
Government Code Section 20471, there must be at least a 20-day period between the adoption of
the Resolution of Intention and the adoption of the final Ordinance.
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Ordinance No. 1680 (2020 Series) Page 2
O 1680
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That an amendment to the contract between the City Council of the City of
San Luis Obispo and the Board of Administration, California Public Employees’
Retirement System is hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit A, and by such reference made a part hereof as though herein set out in
full.
SECTION 2. The Mayor of the City of San Luis Obispo is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said Agency.
SECTION 3. This ordinance shall take effect 30 days after the date of adoption, a summary
of this ordinance, together with the names of Council members voting for and against, shall be
published at least five (5) days prior to its final passage, in The Tribune, a newspaper published
and circulated in this City.
INTRODUCED on the 3rd day of March 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 5th day of May 2020, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _______________________.
______________________________
Teresa Purrington, City Clerk
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Department Name: Administration
Cost Center: 1021
For Agenda of: May 5, 2020
Placement: Public Hearing
Estimated Time: 30 Minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.40 OF THE CITY
OF SAN LUIS OBISPO MUNICIPAL CODE REQUIRING ELECTRONIC
FILING OF CAMPAIGN DISCLOSURE DOCUMENTS AND PROVIDING
FOR ADMINISTRATIVE ENFORCEMENT OF CAMPAIGN REGULATIONS
VIOLATIONS
RECOMMENDATION
Introduce an Ordinance amending Chapter 2.40 (Election Campaign Regulations) of the City of
San Luis Obispo Municipal Code adding a subsection to Section 2.40.060 (Campaign
Statements) titled Electronic Signature and Submission of Campaign Disclosure Documents
DISCUSSION
On January 1, 2013, Assembly Bill 2452 went into effect adding section 84615 to the California
Government Code, which allows local government agencies to require an elected officer,
candidate, committee or other person (hereinafter referred to as “committees”) to file statem ents,
reports, or other documents online or electronically with their local filing officer.
Pursuant to California Government Code Section 84615, the City Council must officially adopt
an Ordinance (Attachment A) memorializing their approval to require and authorize complete
electronic signature and submission of electronic campaign disclosure forms. Furthermore,
certain defined criteria is prescribed that must be satisfied by a local government agency,
including, among others, that the system be available free of charge to filers, available to the
public to view filings and include procedures for filers to comply with the requirement that they
sign statements and reports under penalty of perjury. Tonight’s action is the first of a two -step
process to implement electronic filing.
The purpose of the part of the proposed Ordinance amendment is two-fold: 1) to require online
electronic filing of campaign statements, and, 2) to require online reporting of contributions and
independent expenditures with electronic signature related to elections of candidates for City
Council and/or the qualification or passage of local ballot measures within the City. Whereas
these filings are required under the Political Reform Act (GC 84200 et. sec.), they will now be
available electronically as a more cost-effective use of staff resources. The electronic filing
system will operate securely and effectively and will not unduly burden filers. In the case of
someone not having access to a computer, arrangements can be made to submit paper copies of
the forms which can be uploaded to the system by the Clerk’s office.
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In addition, a change is proposed for the penalties section which allows for the City Clerk to
issue a Notice of Violation and/or Administrative Citation for those violations that the City
Attorney’s office does not find warrant a civil action and/or criminal prosecution. A legislative
draft of the changes is attached as Attachment B.
Background
Electronic Filing Provisions
Historically, City Council candidates and campaign committees have filed paper copies of
required campaign statements and reports. Once filed, the documents are made available for
review by the public. The City Clerk’s Office spends a significant amount of staff time to make
such paper filings readily available to the public. Fortunately, Assembly Bill 2452 authorizes
local jurisdictions to receive campaign statements and reports solely in an electronic format.
Public access to campaign disclosure information is a vital and integral component of a fully
informed electorate. Transparency in campaign financing is critical in order to maintain public
trust and support of the political process. Nevertheless, these values require staff resources to
implement. As a means to more cost-effectively maintain the public trust, in 2016 the City
contracted with NetFile for installation of an electronic program for on-line submittal and
posting of Fair Political Practices Commission (FPPC) forms related to Conflict of Interest and
in 2020 staff added Campaign Disclosure documents. The program has been installed and is
operational, however, there is one remaining authorization necessary by Council in order to
make Disclosure Documents fully electronic.
Enforcement
Under existing provisions, the City’s regulations direct that enforcement of campaign regulations
violations are to be enforced by the City Attorney, either by means of a criminal prosecution of a
civil action filed in the superior court. The City’s Administrative Citation regulations provide
that any violation of the Municipal Code can be enforced by use of administrative citations, but
because of the enforcement specificity of the campaign regulations and the failure to reference
administrative enforcement, there is current ambiguity as to the avail ability of an administrative
enforcement remedy. The City Attorney’s past experience has been that violations of the City’s
campaign regulations have been relatively minor and inadvertent but have required an inordinate
amount of resource to address in conformance with the current provisions. The intent of the
proposed amendments is to provide expressly for a less time and cost intensive alternative to
addressing lower level violations, where the City Attorney determines that there was not
egregious or willful violation of the regulations.
Previous Council Action
On December 12, 2017, the City Council adopted Ordinance No. 1643 (2017 Series)
(Attachment C). The purpose of this ordinance was to readopt Chapter 2.40 (Campaign
Regulations), removing the expiration provision and incorporating minor modifications to
continue regulating local election campaigns.
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Policy Context
By eliminating manual processing of filings, electronic filing requirements will conserve
resources and ensure the public has access to information disclosed in campaign statements and
reports in a timelier manner, and as such, is consistent with the City’s Organizational Values of
dedication to providing quality service through innovative use of resources to best serve the
community and promote public trust.
Public Engagement
This item is on the agenda for the May 5, 2020 City Council meeting and will follow all required
postings and notification requirements. The public will have an opportunity to comment on this
item during or before the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $4,000 $2,000 $6,000
State
Federal
Fees
Other:
Total $4,000 $2,000 $6,000
The Annual subscription for Statement of Economic Interest (Form 700) is $4,000 and is
budgeted in the City Clerk budget. Adding the Campaign Statements is an additional $2,000
annually. The additional funding is available in the City Clerk’s budget. There is no additional
impact to the General Fund. Approval of an electronic and paperless filing would ultimately
result in long term savings.
ALTERNATIVES
Deny the amendment. Staff does not recommend this action because we believe that electronic
and paperless filing would ultimately result in long term savings and offer a streamlined process
to serve those interested in running for office.
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Attachments:
a - Draft Ordinance
b - Legislative Draft
c - Ordinance No. 1643 (2017 Series)
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O ______
ORDINANCE NO. _____ (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 2 OF THE CITY OF SAN
LUIS OBISPO MUNICIPAL CODE ADDING TO SECTION 2.40.060 –
ELECTRONIC SIGNATURE AND SUBMISSION OF CAMPAIGN
DISCLOSURE DOCUMENTS, AND AMENDING SECTION 2.40.100
(CIVIL ACTIONS) TO PROVIDE FOR ADMINISTRATIVE
ENFORCEMENT OF VIOLATIONS
WHEREAS, On January 1, 2013, Assembly Bill 2452 went into effect adding section
84615 to the California Government Code, which allows local government agencies to require an
elected officer, candidate, committee or other person to file statements, reports, or other documents
online or electronically with its local filing officer ; and
WHEREAS, the City Council expressly finds and determines that the City Clerk’s web-
based system contains multiple safeguards to protect the integrity and security of the data, and will
operate securely and effectively and will not unduly burden filers; and
WHEREAS, the software used by the City Clerk's electronic filing system has been
certified by the Secretary of State and meets the requirements set by Government Code Section
84615; and
WHEREAS, the City Clerk will operate the electronic filing system in compliance with
the requirements of California Government Code Section 84615 and any other applicable laws.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Purpose. The purpose of this Ordinance is to require online electronic filing
of campaign statements and require online reporting of contributions and independent expenditures
relating to elections of candidates to City offices and the qualification or passage of local ballot
measures within the City as currently required under the Political Reform Act, (commencing with
California Government Code Section 84200 et seq.) in order to facilitate review and maximize the
availability of this information to the public.
SECTION 2. Authority. This Ordinance is adopted pursuant to California Government
Code Section 81013, which authorizes local agencies to impose additional requirements on any
person so long as the requirements do not prevent the person from complying with the Political
Reform Act.
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SECTION 3. Application of Ordinance. The provisions of this Ordinance shall only apply
to Candidates seeking election to a City office, their Controlled Committees or Committees formed
or existing primarily to support or oppose their candidacies, and to Committees formed or existing
primarily to support or oppose a Candidate or to support or oppose the qualification, passage or
defeat of, a local ballot measure which is being voted on only in the City, and to Local General
Purpose Committees active only in the City. In the event a City Candidate also runs for a non-City
office, the provisions of this Ordinance do not apply to the Local Candidate’s campaign for such
other office, nor to any Committee established solely for the purpose of running for such st ate,
federal, city, special district, or other non-City office.
SECTION 4. Section 2.40.060 C (Campaign Statements. Filing.) of Chapter 2.40
(Election Campaign Regulations) is hereby amended to read as follows:
C. Filing. Each document required to be filed in this chapter shall be filed with the city
clerk, and elsewhere as may be required by the Government Code, in accordance with such
deadlines as may be specified by the elections official or otherwise required by applicable law.
SECTION 5. Section 2.40.060 E (Electronic Campaign Disclosure) shall be added to
Section 2.40.060 (Campaign Statements) of Chapter 2.40 (Election Campaign Regulations) to read
as follows:
E. Electronic Campaign Disclosure. Each Candidate, Candidate Controlled
Committee and Independent Committee that is required to file a semi-annual campaign
statement, a pre-election campaign statement, or an amended campaign statement with the
City Clerk pursuant to the Political Reform Act, and that receives a total of $2,000 or more
in Contributions or makes a total of $2,000 or more in Independent Expenditures, shall file
the statement with the City Clerk in an electronic format.
1. In addition to any other report required by this Ordinance, all Persons subject to the
requirements of this Section shall file the following reports with the City Clerk in an
electronic format:
a. A report disclosing a Contribution received by or made to a Candidate or local
ballot measure, or an Independent Expenditure made for or against a Candidate or
local ballot measure, of $2,000 or more during an Election Cycle. The report shall
be filed within twenty-four (24) hours of the Independent Expenditure or receipt of
the Contribution.
b. A report disclosing a Contribution received by or made to a Candidate or a local
ballot measure, or an Independent Expenditure made for or against a Candidate or
local ballot measure, of $2,000 or more at any time other than during an Election
Cycle. The report shall be filed within ten (10) business days of the Independent
Expenditure or receipt of the Contribution.
2. A Candidate or Committee that has filed an electronic statement or report is not
required to file a paper copy.
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3. Once a Candidate or Committee is subject to the electronic filing requirements imposed
by this Ordinance, the Candidate or Committee will remain subject to the electronic
filing requirements until the Candidate or Committee files a termination statement
pursuant to the Political Reform Act.
4. Any Candidate or Committee not required to file an electronic statement or report by
this Section may voluntarily opt to file an electronic statement or report by submitting
written notice to the City Clerk’s Office. A Candidate or Committee that opts to file an
electronic statement or report is not required to file a paper copy.
SECTION 5. Sections 2.40.100 (Civil actions), subsections A and D, of Chapter 2.40
(Election Campaign Regulations) shall be amended to read as follows:
2.40.100 Civil or Administrative actions.
A. Any person who intentionally or negligently violates any provision of this chapter
relating to campaign contribution limits or disclosures may be liable in a civil action
brought by the city attorney or by a person residing within the city for an amount not more
than three times the amount of the unlawful contribution or expenditure. If, after
consultation with the City Clerk and review of the facts surrounding an alleged violation,
the City Attorney does not find the alleged violation to warrant the filing of a civil action
and/or criminal prosecution, the City Clerk may issue a Notice of Violation and/or
Administrative Citation pursuant to Chapter 1.24 of the Municipal Code.
D. Any person, before filing a civil action pursuant to this section, shall first file with the
city attorney a written request for the city attorney to commence the action or the city clerk
to issue a Notice of Violation as provided in Section A. The request shall contain a
statement of the grounds for believing a cause of action exists and/or a violation has
occurred. The city attorney and/or the city clerk shall respond within ten days after receipt
of the request indicating whether he or she intends to file a civil action, notice of violation
or administrative citation. If the city attorney or the city clerk indicates in the affirmative
and files a suit or serves a notice of violation and/or administrative citation within thirty
days thereafter, no other action may be brought, unless any action by the city attorney or
city clerk is dismissed without prejudice.
SECTION 6. Ordinance Number 1643 (2017 Series) is hereby superseded to the extent
inconsistent herewith.
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SECTION 7. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 5th day of May 2020, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the ____ day of ________, 2020, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
______________________________
Teresa Purrington
City Clerk
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2.40.010 Title.
This chapter may be cited as the election campaign regulations of the city.
2.40.020 Purpose and intent.
A. It is the purpose and intent of this chapter:
1. To promote integrity, honesty, fairness, and transparency in municipal election campaigns.
2. To prevent corruption, or the appearance of corruption, which results from the real or
imagined influence of large contributions on the conduct or actions of candidates
elected to office.
3. To ensure a level of discussion of public issues adequate for a viable campaign by
providing voters with the information necessary to make an assessment of each
candidate or measure before voting.
4. To require public disclosure of campaign contributions and expenditures made in
support of or in opposition to candidates or measures in municipal elections.
5. To place realistic and enforceable limits on the amounts persons may contribute in
municipal election campaigns.
6. To ensure that funds contributed to a campaign committee are used solely for campaign
purposes.
7. To provide full and fair enforcement of all the provisions of this chapter.
B. By enacting this chapter, the council does not intend to deprive or restrict any citizen of the
exercise of rights guaranteed under the United States Constitution and the California
Constitution.
C. The city council takes specific notice of the findings and declarations made in the Political
Reform Act and finds and declares them applicable to San Luis Obispo and a basis for
enacting this chapter.
D. It is the intent of this chapter to impose limits on the amount of money that may be
contributed to a candidate or controlled committee to achieve the purposes specified in this
section. This chapter is not intended, and shall not be construed, to establish any reporting,
filing, or procedural requirement in addition to, or different from, the Political Reform Act
or the regulations adopted by the Fair Political Practices Commission (FPPC), except as
specifically set forth in Sections 2.40.050 and 2.40.090 infra.
2.40.030 Definitions.
The terms used in this chapter shall have the same definitions as specified in the Political
Reform Act and FPPC regulations. In those cases where definitions in the Political Reform Act
or FPPC regulations contain a specific reference to any state election, candidate, or electoral
criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence
of a municipal equivalent, to delete the specific reference.
2.40.040 Contribution limitations.
A. Contributions by Persons to Candidates and/or Controlled Committees. No person shall
make any contribution to a candidate and/or any controlled committee connected with
that candidate, with respect to any single election, which would cause the total amount
contributed by such person to the candidate and any controlled committee connected
with that candidate, when combined, to exceed three hundred dollars.
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B. Acceptance or Solicitation by Candidates or Controlled Comm ittees. No candidate or
controlled committee shall solicit or accept any contribution from any person which
would cause the total amount contributed by such person, with respect to any single
election, to the candidate and/or any controlled committee connected with that
candidate, when combined, to exceed the sum of three hundred dollars.
C. Contributions by Candidates. The provisions of subsections A and B of this section
shall not apply to contributions from a candidate or from his or her immediate family to
any controlled committee connected with that candidate, nor to the expenditure, by the
candidate, of his or her personal funds. For purposes of this section, "immediate
family" means a candidate's or elected officeholder's spouse or domestic part ner, and/or
dependent children.
D. Anonymous Contributions. No candidate or controlled committee shall accept
anonymous contributions, with respect to any single election, which exceed fifty
dollars. Subject to the provisions of state law, in the event a candidate or controlled
committee receives an anonymous contribution that would result in a violation of this
subsection, the candidate or controlled committee shall promptly pay that sum to the
city for deposit into the general fund to be used to defray t he costs of municipal
elections.
2.40.050 Election campaign accounts.
A. Campaign Bank Accounts. An individual who plans to run for a city elective office and
who plans to accept contributions and make campaign-related expenditures must set up
a campaign bank account at a financial institution with a branch located in the city of
San Luis Obispo.
B. Access to Records by City Clerk. The city clerk shall have full access at all reasonable
hours to the bank's records concerning all election campaign accounts.
2.40.060 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer shall file with the city clerk
campaign statements as required by the provisions of the Government Code and in a
format acceptable to the city clerk.
B. Contents. Each state campaign statement filed shall contain the information required
under the provisions of the Government Code and any contributions greater than $50.
C. Filing. Each document required to be filed in this chapter shall be filed with the city
clerk during business hours, and elsewhere as may be required by the Government
Code, in accordance with such deadlines as may be specified by the elections official
or otherwise required by applicable law.
D. Publication. The city clerk shall promptly, following receipt for filing, post a copy of
each campaign statement on the city of San Luis Obispo's website for public
inspection, redacting personal information in accordance with state law. The city clerk
shall report on the website of any candidate and/or committee that has failed to
comply by the required deadline with the campaign statement requirements pursuant to
this section or state law. In addition, the city clerk shall cause to be published a display ad
in a newspaper of general circulation advising the public how and where to access copies of
the filed campaign statements on the city of San Luis Obispo's website, at the time mail
ballots are distributed for said election.
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E. Electronic Campaign Disclosure. Each Candidate, Candidate Controlled Committee and
Independent Committee that is required to file a semi-annual campaign statement, a pre-
election campaign statement, or an amended campaign statement with the City Clerk
pursuant to the Political Reform Act, and that receives a total of $2,000 or more in
Contributions or makes a total of $2,000 or more in Independent Expenditures, shall file the
statement with the City Clerk in an electronic format.
1. In addition to any other report required by this Ordinance, all Persons subject to the
requirements of this Section shall file the following reports with the City Clerk in an
electronic format:
a. A report disclosing a Contribution received by or made to a Candidate or local ballot
measure, or an Independent Expenditure made for or against a Candidate or local
ballot measure, of $2,000 or more during an Election Cycle. The report shall be filed
within twenty-four (24) hours of the Independent Expenditure or receipt of the
Contribution.
b. A report disclosing a Contribution received by or made to a Candidate or a local
ballot measure, or an Independent Expenditure made for or against a Candidate or
local ballot measure, of $2,000 or more at any time other than during an Election
Cycle. The report shall be filed within ten (10) business days of the Independent
Expenditure or receipt of the Contribution.
2. A Candidate or Committee that has filed an electronic statement or report is not required
to file a paper copy.
3. Once a Candidate or Committee is subject to the electronic filing requirements imposed
by this Ordinance, the Candidate or Committee will remain subject to the electronic filing
requirements until the Candidate or Committee files a termination statement pursuant to
the Political Reform Act.
4. Any Candidate or Committee not required to file an electronic statement or report by this
Section may voluntarily opt to file an electronic statement or report by submitting written
notice to the City Clerk’s Office. A Candidate or Committee that opts to file an electronic
statement or report is not required to file a paper copy.
2.40.070 Campaign signs.
A. Severability. This section is a separate and severable provision of the election campaign
regulations.
B. Campaign Signs. Campaign signs shall not exceed three square feet per sign in residential
zones and ten square feet per sign in nonresidential zones and shall be removed no later than
ten days following the election.
C. Definition. "Campaign sign" means a sign intended to draw attention to or communicate a
position on any issue, candidate, or measure in any national, state, local, college or
university campus election, the placement of which is in conformity with Section 15.40.300
(Prohibited signs); and which otherwise is not subject to regulation under Chapter 15.40
(Sign Regulations).
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2.40.080 Responsibilities of city clerk.
A. Duties. In addition to any other duties required of the city clerk under this chapter, the city
clerk shall:
1. Prescribe and furnish, without charge, appropriate forms for all campaign statements,
documents and reports required to be filed by this chapter.
2. Determine whether required statements and declarations have been filed and, if so,
whether they conform on their face with the requirements of this chapter.
3. Promptly notify all persons who have failed to file a statement in the form and at the
time required by this chapter.
4. Report, in writing, apparent violations of this chapter to the city attorney.
5. Promptly, following receipt for filing, post a copy of each campaign statement on the
city of San Luis Obispo's website for public inspection. The city clerk shall report on
the website of any candidate and/or committee that has failed to comply by the required
deadline with the campaign statement requirements pursuant to this section or state law.
In addition, the city clerk shall cause to be published one display ad in a newspaper of
general circulation advising the public how and where to access copies of the filed
campaign statements on the city of San Luis Obispo's website.
6. Compile and maintain a current log of all filed statements pertaining to each reporting
committee.
2.40.090 Criminal misdemeanor actions.
Any person who violates any provision of this chapter is guilty of a misdemeanor. Any person
who causes any other person to violate any provision of this chapter, or who aids and abets any
other person in the violation of any provision of this chapter, shall be liable under the
provisions of this section.
2.40.100 Civil or Administrative actions.
A. Any person who intentionally or negligently violates any provision of this chapter relating to
campaign contribution limits or disclosures may be liable in a civil action brought by the city
attorney or by a person residing within the city for an amount not more than three times the
amount of the unlawful contribution or expenditure. If, after consultation with the City Clerk
and review of the facts surrounding an alleged violation, the City Attorney does not find the
alleged violation to warrant the filing of a civil action and/or criminal prosecution, the City
Clerk may issue a Notice of Violation and/or Administrative Citation pursuant to Chapter
1.24 of the Municipal Code.
B. If any person files an original city campaign statement after any deadline imposed by
this chapter, he or she shall pay, in addition to any other penalties provided for under
this chapter, the sum of one hundred dollars per day after the deadline until the
statement or report is filed. Liability may not be enforced if on an impartial basis the
city clerk determines that the late filing was not willful and that enforcement of the
liability will not further the purposes of this chapter. In addition, the city clerk may
assess any applicable fines in accordance with state law.
C. If two or more persons are responsible for any violation, they shall be jointly and
severally liable.
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D. Any person, before filing a civil action pursuant to this section, shall first file with the city
attorney a written request for the city attorney to commence the action or th e city clerk to
issue a Notice of Violation as provided in Section A. The request shall contain a statement of
the grounds for believing a cause of action exists and/or a violation has occurred. The city
attorney and/or the city clerk shall respond within ten days after receipt of the request
indicating whether he or she intends to file a civil action, notice of violation or administrative
citation. If the city attorney or the city clerk indicates in the affirmative and files a suit or
serves a notice of violation and/or administrative citation within thirty days thereafter, no
other action may be brought, unless any action by the city attorney or city clerk is dismissed
without prejudice.
E. In determining the amount of liability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered
against the defendant or defendants in an action, the plaintiff shall receive fifty percent
of the amount recovered. The remaining fifty percent shall be deposited into the city
treasury. In an action brought by the city attorney, the entire amount shall be paid to the
city treasury.
F. No civil action alleging a violation of any provision of this chapter shall be filed more
than four years after the date the violation occurred.
2.40.110 Injunctive relief.
The city attorney or any person residing in the city may sue for injunctive relief to enjoin
violations or to compel compliance with the provisions of this chapter.
2.40.120 Cost of litigation.
The court may award to a plaintiff or defendant who prevails in any action authorized by
this chapter his or her costs of litigation, including reasonable attorneys' fees; provided,
however, no costs of litigation or attorneys' fees shall be awarded against the city.
2.40.130 Construction of provisions.
A. This chapter shall be in addition to all other city and state laws applicable to municipal
elections. Unless the contrary is stated or clearly appears from the context, the
definitions and terms set forth in the Government Code shall govern the interpretations
of terms used in this chapter. This chapter shall be construed liberally in order to
effectuate its purposes.
B. If any provision of this chapter, or the application thereof to any person or
circumstance, is held invalid, the validity of the remainder of the chapter and the
applicability of such provision to other persons and circumstances shall not be affected
thereby.
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ORDINANCE NO. 1643 (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, READOPTING AND AMENDING CHAPTER
2.40 OF THE MUNICIPAL CODE RELATED TO ELECTION CAMPAIGN
REGULATIONS
WHEREAS, on the 20th day of May 2014, the Council of the City of San Luis Obispo
adopted Ordinance No. 1599 (2014 Series) entitled "An Ordinance of the City Council of the
City of San Luis Obispo, California, amending Chapter 2.40 of the Municipal Code related to
Election Campaign Regulations."
WHEREAS, Section 2.40.150 of the City of San Luis Obispo Municipal Code states that,
unless readopted, Chapter 2.40 expires on June 30, 2018; and
WHEREAS, the City Council desires to readopt Chapter 2.40 with minor modification in
order to continue regulating local election campaigns.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Sections 2.40.010 through 2.40.130 of the San Luis Obispo Municipal Code
are hereby readopted in their entirety as set forth in Exhibit A attached hereto and incorporated
herein by this reference.
SECTION 2. Section 2.40.140 of the San Luis Municipal Code is hereby readopted and
amended to read as follows:
2.40.140 Council study committee.
A. Appointment. The council may appoint a committee of at least five citizens to study
the efficacy of this chapter.
SECTION 3. Section 2.40.150 of the San Luis Obispo Municipal Code is hereby repealed
in its entirety.
SECTION 4. If any provision, clause, sentence or paragraph of this chapter or the
application thereof to any person or circumstances shall be held invalid, such invalidity shall not
affect the other provisions of this chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are declared to be severable.
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SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21" day of November 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 12th day of December 2017, on the following roll
call vote:
AYES: Council Members Gomez, Rivoire and Pease,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
J. C7k'stine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set any hand and affixed the official seal of the City of
San Luis Obispo, California, this qday of _ 7_ a.
AeIA 4 d'
Carrie Gallagher
City Clerk
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EXHIBIT A
2.40.010 Title.
This chapter may be cited as the election campaign regulations of the city.
2.40.020 Purpose and intent.
A. It is the purpose and intent of this chapter:
1. To promote integrity, honesty, fairness, and transparency in municipal election campaigns.
2. To prevent corruption, or the appearance of corruption, which results from the real or
imagined influence of large contributions on the conduct or actions of candidates elected
to office.
3. To ensure a level of discussion of public issues adequate for a viable campaign by
providing voters with the information necessary to make an assessment of each candidate
or measure before voting.
4. To require public disclosure of campaign contributions and expenditures made in support
of or in opposition to candidates or measures in municipal elections.
To place realistic and enforceable limits on the amounts persons may contribute in
municipal election campaigns.
6. To ensure that funds contributed to a campaign committee are used solely for campaign
purposes.
7. To provide full and fair enforcement of all the provisions of this chapter.
B. By enacting this chapter, the council does not intend to deprive or restrict any citizen of the
exercise of rights guaranteed under the United States Constitution and the California
Constitution.
C. The city council takes specific notice of the findings and declarations made in the Political
Reform Act and finds and declares them applicable to San Luis Obispo and a basis for enacting
this chapter.
D. It is the intent of this chapter to impose limits on the amount of money that may be contributed
to a candidate or controlled committee to achieve the purposes specified in this section. This
chapter is not intended, and shall not be construed, to establish any reporting, filing, or
procedural requirement in addition to, or different from, the Political Reform Act or the
regulations adopted by the Fair Political Practices Commission (FPPC), except as specifically
set forth in Sections 2.40.050 and 2.40.090 infra.
2.40.030 Definitions.
The terms used in this chapter shall have the same definitions as specified in the Political Reform
Act and FPPC regulations. In those cases where definitions in the Political Reform Act or FPPC
regulations contain a specific reference to any state election, candidate, or electoral criteria, the
definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal
equivalent, to delete the specific reference.
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EXHIBIT A
2.40.040 Contribution limitations.
A. Contributions by Persons to Candidates and/or Controlled Committees. No person shall make
any contribution to a candidate and/or any controlled committee connected with that candidate,
with respect to any single election, which would cause the total amount contributed by such
person to the candidate and any controlled committee connected with that candidate, when
combined, to exceed three hundred dollars.
B. Acceptance or Solicitation by Candidates or Controlled Committees. No candidate or
controlled committee shall solicit or accept any contribution from any person which would
cause the total amount contributed by such person, with respect to any single election, to the
candidate and/or any controlled committee connected with that candidate, when combined, to
exceed the sum of three hundred dollars.
C. Contributions by Candidates. The provisions of subsections A and B of this section shall not
apply to contributions from a candidate or from his or her immediate family to any controlled
committee connected with that candidate, nor to the expenditure, by the candidate, of his or
her personal funds. For purposes of this section, "immediate family" means a candidate's or
elected officeholder's spouse or domestic partner, and/or dependent children.
D. Anonymous Contributions. No candidate or controlled committee shall accept anonymous
contributions, with respect to any single election, which exceed fifty dollars. Subject to the
provisions of state law, in the event a candidate or controlled committee receives an
anonymous contribution that would result in a violation of this subsection, the candidate or
controlled committee shall promptly pay that sum to the city for deposit into the general fund
to be used to defray the costs of municipal elections.
2.40.050 Election campaign accounts.
A. Campaign Bank Accounts. An individual who plans to run for a city elective office and who
plans to accept contributions and make campaign -related expenditures must set up a campaign
bank account at a financial institution with a branch located in the city of San Luis Obispo.
B. Access to Records by City Clerk. The city clerk shall have full access at all reasonable hours
to the bank's records concerning all election campaign accounts.
2.40.060 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer shall file with the city clerk campaign
statements as required by the provisions of the Government Code and in a format acceptable
to the city clerk.
B. Contents. Each state campaign statement filed shall contain the information required under the
provisions of the Government Code and any contributions greater than $50.
C. Filing. Each document required to be filed in this chapter shall be filed with the city clerk
during business hours, and elsewhere as may be required by the Government Code.
D. Publication. The city clerk shall promptly, following receipt for filing, post a copy of each
campaign statement on the city of San Luis Obispo's website for public inspection, redacting
personal information in accordance with state law. The city clerk shall report on the website of
any candidate and/or committee that has failed to comply by the required deadline with the
campaign statement requirements pursuant to this section or state law. In addition, the city
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Page 5
clerk shall cause to be published a display ad in a newspaper of general circulation advising
the public how and where to access copies of the filed campaign statements on the city of San
Luis Obispo's website, at the time mail ballots are distributed for said election.
2.40.070 Campaign signs.
A. Severability. This section is a separate and severable provision of the election campaign
regulations.
B. Campaign Signs. Campaign signs shall not exceed three square feet per sign in residential
zones and ten square feet per sign in nonresidential zones, and shall be removed no later than
ten days following the election.
C. Definition. "Campaign sign" means a sign intended to draw attention to or communicate a
position on any issue, candidate, or measure in any national, state, local, college or university
campus election, the placement of which is in conformity with Section 15.40.300 (Prohibited
signs); and which otherwise is not subject to regulation under Chapter 15.40 (Sign
Regulations).
2.40.080 Responsibilities of city clerk.
A. Duties. In addition to any other duties required of the city clerk under this chapter, the city
clerk shall:
1. Prescribe and furnish, without charge, appropriate forms for all campaign statements,
documents and reports required to be filed by this chapter.
2. Determine whether required statements and declarations have been filed and, if so, whether
they conform on their face with the requirements of this chapter.
3. Promptly notify all persons who have failed to file a statement in the form and at the time
required by this chapter.
4. Report, in writing, apparent violations of this chapter to the city attorney.
5. Promptly, following receipt for filing, post a copy of each campaign statement on the city
of San Luis Obispo's website for public inspection. The city clerk shall report on the
website of any candidate and/or committee that has failed to comply by the required
deadline with the campaign statement requirements pursuant to this section or state law. In
addition, the city clerk shall cause to be published one display ad in a newspaper of general
circulation advising the public how and where to access copies of the filed campaign
statements on the city of San Luis Obispo's website.
6. Compile and maintain a current log of all filed statements pertaining to each reporting
committee.
2.40.090 Criminal misdemeanor actions.
Any person who violates any provision of this chapter is guilty of a misdemeanor. Any person
who causes any other person to violate any provision of this chapter, or who aids and abets any
other person in the violation of any provision of this chapter, shall be liable under the provisions
of this section.
2.40.100 Civil actions.
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A. Any person who intentionally or negligently violates any provision of this chapter shall be
liable in a civil action brought by the city attorney or by a person residing within the city for
an amount not more than three times the amount of the unlawful contribution or expenditure.
B. If any person files an original city campaign statement after any deadline imposed by this
chapter, he or she shall pay, in addition to any other penalties provided for under this chapter,
the sum of one hundred dollars per day after the deadline until the statement or report is filed.
Liability may not be enforced if on an impartial basis the city clerk determines that the late
filing was not willful and that enforcement of the liability will not further the purposes of this
chapter. In addition, the city clerk may assess any applicable fines in accordance with state
law.
C. If two or more persons are responsible for any violation, they shall be jointly and severally
liable.
D. Any person, before filing a civil action pursuant to this section, shall first file with the city
attorney a written request for the city attorney to commence the action. The request shall
contain a statement of the grounds for believing a cause of action exists. The city attorney shall
respond within ten days after receipt of the request indicating whether he or she intends to file
a civil action. If the city attorney indicates in the affirmative and files a suit within thirty days
thereafter, no other action may be brought unless the action by the city attorney is dismissed
without prejudice.
E. In determining the amount of liability, the court may take into account the seriousness of the
violation and the degree of culpability of the defendant. If a judgment is entered against the
defendant or defendants in an action, the plaintiff shall receive fifty percent of the amount
recovered. The remaining fifty percent shall be deposited into the city treasury. In an action
brought by the city attorney, the entire amount shall be paid to the city treasury.
F. No civil action alleging a violation of any provision of this chapter shall be filed more than
four years after the date the violation occurred.
2.40.110 Injunctive relief.
The city attorney or any person residing in the city may sue for injunctive relief to enjoin violations
or to compel compliance with the provisions of this chapter.
2.40.120 Cost of litigation.
The court may award to a plaintiff or defendant who prevails in any action authorized by this
chapter his or her costs of litigation, including reasonable attorneys' fees; provided, however, no
costs of litigation or attorneys' fees shall be awarded against the city.
2.40.130 Construction of provisions.
A. This chapter shall be in addition to all other city and state laws applicable to municipal
elections. Unless the contrary is stated or clearly appears from the context, the definitions and
terms set forth in the Government Code shall govern the interpretations of terms used in this
chapter. This chapter shall be construed liberally in order to effectuate its purposes.
B. If any provision of this chapter, or the application thereof to any person or circumstance, is
held invalid, the validity of the remainder of the chapter and the applicability of such provision
to other persons and circumstances shall not be affected thereby.
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